BILL NUMBER: SB 1584 CHAPTERED 09/28/08 CHAPTER 529 FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2008 APPROVED BY GOVERNOR SEPTEMBER 28, 2008 PASSED THE SENATE AUGUST 21, 2008 PASSED THE ASSEMBLY AUGUST 18, 2008 AMENDED IN ASSEMBLY AUGUST 14, 2008 AMENDED IN ASSEMBLY JULY 3, 2008 AMENDED IN ASSEMBLY JUNE 23, 2008 AMENDED IN ASSEMBLY JUNE 11, 2008 INTRODUCED BY Senator Padilla FEBRUARY 22, 2008 An act to amend Sections 4832, 4841.5, 4842.5, 4866, 4867, 4868, 4869, 4870, 4871, 4873, 4875.4, and 4905 of, to add Sections 4842.7, 4875.1, and 4875.3 to, and to add and repeal Section 4809.8 of, the Business and Professions Code, relating to veterinary medicine, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 1584, Padilla. Veterinary medicine. Existing law, the Veterinary Medicine Practice Act, provides for the licensure or registration and regulation of veterinarians and veterinary technicians by the Veterinary Medical Board of California and makes a violation of that act a crime. Existing law requires the board to adopt a regular inspection program that provides for random, unannounced inspections and authorizes the board to inspect at any time a premises in which veterinary medicine, veterinary dentistry, or veterinary surgery is being practiced. This bill would require the board to appoint a voluntary, advisory multidisciplinary committee consisting of no more than 9 members to assist, advise, and make recommendations for the implementation of rules and regulations necessary to ensure proper administration and enforcement of the act, and would make this provision inoperative on July 1, 2011, and repealed on January 1, 2012. The bill would require the board to prioritize its investigative and prosecutorial resources in a specified manner and to annually report and make publicly available the number of disciplinary actions that are taken in each priority category. The bill would require, if the board determines, as a result of inspection, that a premises or place is not in compliance with board standards, that the board provide a notice of deficiencies and a reasonable time for compliance prior to commencing further action. Existing law authorizes the executive officer of the board to, upon completion of an investigation, issue a citation to a veterinarian or unlicensed person for violations of the act, as specified. Existing law requires that, before issuing a citation, the executive officer submit the alleged violation for review and investigation to at least one designee of the board who is a veterinarian licensed in, or employed by, the state. Existing law provides that a citation may contain a civil penalty and requires the board to adopt regulations covering the assessment of civil penalties that give due consideration to the appropriateness of the penalty with respect to various factors, including, but not limited to, the gravity of the violation. This bill would require that consideration of the gravity of the violation include whether the violation is minor. In addition, the bill would specifically require that the designee to whom the alleged violation is submitted prior to issuing a citation be licensed in, or employed by, the state either full time or part time and not be out of practice for more than 4 years. Existing law requires the board to establish an advisory committee on issues pertaining to the practice of registered veterinary technicians and vests that committee with various powers and duties. This bill would require that the committee consist of 5 members to be appointed by the board commencing January 1, 2009, as specified. The bill would specify the term length and term limit for committee members and would enact other related provisions. Existing law requires that an applicant for registration as a veterinary technician furnish satisfactory evidence of graduation from a 2-year curriculum in veterinary technology in a college or postsecondary institution approved by the board. Alternatively, existing law authorizes an applicant to furnish satisfactory evidence of the equivalent of that requirement as determined by the board. This bill would specify that education or a combination of education and clinical practice experience may constitute the equivalent of that requirement, as determined by the board. Existing law authorizes the board to make a charge for official documents pertaining to the board's affairs. Existing law requires the board to set and collect various other fees, including, but not limited to, a national licensing examination fee for veterinarians, a registration fee for veterinary technicians, a diversion program registration fee, and an application fee for schools seeking approval of a registered veterinary technician curriculum. Existing law sets the maximum amounts of those fees, as specified, and requires deposit of revenue from those fees into the Veterinary Medical Board Contingent Fund, a continuously appropriated fund. This bill would add a provision to the act requiring a registered veterinary technician to notify the board of his or her new mailing address within 30 days of changing that address and to indicate, in the application for renewal of registration, whether he or she has changed his or her mailing address. The bill would add a fee of $25 for failing to report that change in mailing address. The bill would delete the provision authorizing the board to make a charge for official documents pertaining to the board's affairs and instead provide that any charge for duplication or other services be set at the cost of rendering the service, except as specified. The bill would also increase the maximum amounts that the board may set for certain other fees, as specified, and would delete the provision of existing law requiring the board to set and collect the fee for the national licensing examination. The bill would require that a school or institution seeking approval of a registered veterinary technician curriculum pay an application fee set by the board not to exceed $300 and also pay the actual costs of an inspection conducted by the board, as specified. The bill would make other nonsubstantive, technical changes. By increasing the source of funds for a continuously appropriated fund, the bill would make an appropriation. Because this bill would create new requirements within the Veterinary Medicine Practice Act, the violation of which would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4809.8 is added to the Business and Professions Code, to read: 4809.8. (a) The board shall appoint a voluntary, advisory multidisciplinary committee to assist, advise, and make recommendations for the implementation of rules and regulations necessary to ensure proper administration and enforcement of this chapter. Members of the committee shall be appointed from lists of nominees solicited by the board. The committee shall consist of no more than nine members. (b) The committee shall be subject to the requirements of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code. (c) Committee members shall receive a per diem as provided in Section 103 and shall be compensated for their actual travel expenses in accordance with the rules and regulations adopted by the Department of Personnel Administration. (d) This section shall become inoperative on July 1, 2011, and as of January 1, 2012, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2012, deletes or extends the dates on which it becomes inoperative and is repealed. The repeal of this section renders the committee subject to the review required by Division 1.2 (commencing with Section 473). SEC. 2. Section 4832 of the Business and Professions Code, as amended by Section 5 of Chapter 467 of the Statutes of 2004, is amended to read: 4832. (a) The board shall establish an advisory committee on issues pertaining to the practice of veterinary technicians, that shall be known as the Registered Veterinary Technician Committee, hereafter referred to as the committee. (b) It is the intent of the Legislature that the Veterinary Medical Board, in implementing this article, give specific consideration to the recommendations of the Registered Veterinary Technician Committee. (c) The committee shall consist of five members appointed by the board commencing January 1, 2009. Three members shall be registered veterinary technicians, one member shall be either a licensed veterinarian or an additional registered veterinary technician, and one member shall be a member of the public. Appointments shall be for a term of three years, and shall be staggered accordingly. (d) No member of the committee shall serve for more than two terms. The committee shall annually elect one of its members as chairperson. (e) The committee shall comply with Section 101.7. (f) The scope of the committee shall not exceed the authority provided under Section 4833. SEC. 3. Section 4841.5 of the Business and Professions Code is amended to read: 4841.5. To be eligible to take the written and practical examination for registration as a registered veterinary technician, the applicant shall: (a) Be at least 18 years of age. (b) (1) Furnish satisfactory evidence of graduation from, at minimum, a two-year curriculum in veterinary technology, in a college or other postsecondary institution approved by the board, or the equivalent thereof as determined by the board. In the case of a private postsecondary institution, the institution shall also be approved by the Bureau for Private Postsecondary and Vocational Education. (2) For purposes of this subdivision, education or a combination of education and clinical practice experience may constitute the equivalent of the graduation requirement imposed under this subdivision, as determined by the board. SEC. 4. Section 4842.5 of the Business and Professions Code is amended to read: 4842.5. The amount of fees prescribed by this article is that fixed by the following schedule: (a) The fee for filing an application for examination shall be set by the board in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purposes of this chapter, not to exceed three hundred fifty dollars ($350). (b) The fee for the California registered veterinary technician examination shall be set by the board in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purposes of this chapter, not to exceed three hundred dollars ($300). (c) The initial registration fee shall be set by the board at not more than three hundred fifty dollars ($350), except that, if the license is issued less than one year before the date on which it will expire, then the fee shall be set by the board at not more than one hundred seventy-five dollars ($175). The board may adopt regulations to provide for the waiver or refund of the initial registration fee where the registration is issued less than 45 days before the date on which it will expire. (d) The biennial renewal fee shall be set by the board at not more than three hundred fifty dollars ($350). (e) The delinquency fee shall be set by the board at not more than fifty dollars ($50). (f) Any charge made for duplication or other services shall be set at the cost of rendering the services. (g) The fee for filing an application for approval of a school or institution offering a curriculum for training registered veterinary technicians pursuant to Section 4843 shall be set by the board at an amount not to exceed three hundred dollars ($300). The school or institution shall also pay for the actual costs of an onsite inspection conducted by the board pursuant to Section 2065.6 of Title 16 of the California Code of Regulations, including, but not limited to, the travel, food, and lodging expenses incurred by an inspection team sent by the board. (h) The fee for failure to report a change in the mailing address is twenty-five dollars ($25). SEC. 5. Section 4842.7 is added to the Business and Professions Code, to read: 4842.7. Every person registered by the board under this article who changes his or her mailing address shall notify the board of his or her new mailing address within 30 days of the change. The board shall not renew the registration of any person who fails to comply with this section unless the person pays the penalty fee prescribed in Section 4842.5. An applicant for the renewal of a registration shall specify in his or her application whether he or she has changed his or her mailing address and the board may accept that statement as evidence of the fact. SEC. 6. Section 4866 of the Business and Professions Code is amended to read: 4866. (a) The board shall establish criteria for the acceptance, denial, or termination of veterinarians and registered veterinary technicians in a diversion program. Only those veterinarians and registered veterinary technicians who have voluntarily requested diversion treatment and supervision by a diversion evaluation committee shall participate in a program. (b) The board shall establish criteria for the selection of administrative physicians who shall examine veterinarians and registered veterinary technicians requesting diversion under a program. Any reports made under this article by the administrative physician shall constitute an exception to Sections 994 and 995 of the Evidence Code. (c) The diversion program may accept no more than 100 participants who are licensees of the board. SEC. 7. Section 4867 of the Business and Professions Code is amended to read: 4867. The diversion evaluation committee shall inform each veterinarian and registered veterinary technician who requests participation in a program of the procedures followed in the program, of the rights and responsibilities of the veterinarian and registered veterinary technician in the program, and of the possible results of noncompliance with the program. SEC. 8. Section 4868 of the Business and Professions Code is amended to read: 4868. Each diversion evaluation committee shall have the following duties and responsibilities: (a) To evaluate those veterinarians and registered veterinary technicians who request participation in the program according to the guidelines prescribed by the board and to consider the recommendation of the administrative physician on the admission of the veterinarian or registered veterinary technician to the diversion program. (b) To review and designate those treatment facilities to which veterinarians and registered veterinary technicians in a diversion program may be referred. (c) To receive and review information concerning veterinarians and registered veterinary technicians participating in the program. (d) To call meetings as necessary to consider the requests of veterinarians and registered veterinary technicians to participate in a diversion program, and to consider reports regarding veterinarians and registered veterinary technicians participating in a program from an administrative physician, or from others. (e) To consider in the case of each veterinarian and registered veterinary technician participating in a program whether he or she may with safety continue or resume the practice of veterinary medicine or the assisting in the practice of veterinary medicine. (f) To set forth in writing for each veterinarian and registered veterinary technician participating in a program a treatment program established for each such veterinarian and registered veterinary technician with the requirements for supervision and surveillance. (g) To hold a general meeting at least twice a year, which shall be open and public, to evaluate the program's progress, to review data as required in reports to the board, to prepare reports to be submitted to the board, and to suggest proposals for changes in the diversion program. SEC. 9. Section 4869 of the Business and Professions Code is amended to read: 4869. Notwithstanding the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, relating to public meetings, a diversion evaluation committee may convene in closed session to consider reports pertaining to any veterinarian or registered veterinary technician requesting or participating in a diversion program. A diversion evaluation committee shall only convene in closed session to the extent that it is necessary to protect the privacy of a veterinarian or registered veterinary technician. SEC. 10. Section 4870 of the Business and Professions Code is amended to read: 4870. Each veterinarian and registered veterinary technician who requests participation in a diversion program shall agree to cooperate with the treatment program designed by a diversion evaluation committee. Any failure to comply with the provisions of a treatment program may result in termination of the veterinarian's or registered veterinary technician's participation in a program. SEC. 11. Section 4871 of the Business and Professions Code is amended to read: 4871. (a) After a diversion evaluation committee in its discretion has determined that a veterinarian or registered veterinary technician has been rehabilitated and the diversion program is completed, the diversion evaluation committee shall purge and destroy all records pertaining to the veterinarian's or registered veterinary technician's participation in a diversion program. (b) All board and diversion evaluation committee records and records of proceedings pertaining to the treatment of a veterinarian or registered veterinary technician in a program shall be kept confidential and are not subject to discovery or subpoena. SEC. 12. Section 4875.1 is added to the Business and Professions Code, to read: 4875.1. (a) In order to ensure that its resources are maximized for the protection of the public, the board shall prioritize its investigative and prosecutorial resources to ensure that veterinarians and registered veterinary technicians representing the greatest threat of harm are identified and disciplined expeditiously. Cases involving any of the following allegations shall be handled on a priority basis, as follows, with the highest priority being given to cases in paragraph (1): (1) Negligence or incompetence that involves death or serious bodily injury to an animal patient, such that the veterinarian or registered veterinary technician represents a danger to the public. (2) Cruelty to animals. (3) A conviction or convictions for a criminal charge or charges or being subject to a felony criminal proceeding without consideration of the outcome of the proceeding. (4) Practicing veterinary medicine while under the influence of drugs or alcohol. (5) Drug or alcohol abuse by a veterinarian or registered veterinary technician involving death or serious bodily injury to an animal patient or to the public. (6) Self-prescribing of any dangerous drug, as defined in Section 4022, or any controlled substance, as defined in Section 4021. (7) Repeated acts of excessive prescribing, furnishing, or administering of controlled substances, as defined in Section 4021, or repeated acts of prescribing, dispensing, or furnishing of controlled substances, as defined in Section 4021, without having first established a veterinarian-client-patient relationship pursuant to Section 2032.1 of Title 16 of the California Code of Regulations. (8) Extreme departures from minimum sanitary conditions such that there is a threat to an animal patient or the public and animal health and safety, only if the case has already been subject to Section 494 and board action. (b) The board may prioritize cases involving an allegation of conduct that is not described in subdivision (a). Those cases prioritized shall not be assigned a priority equal to or higher than the priorities established in subdivision (a). (c) The board shall annually report and make publicly available the number of disciplinary actions that are taken in each priority category specified in subdivisions (a) and (b). SEC. 13. Section 4873 of the Business and Professions Code is amended to read: 4873. The board shall charge each veterinarian and registered veterinary technician who is accepted to participate in the diversion program a diversion program registration fee. The diversion program registration fee shall be set by the board in an amount not to exceed four thousand dollars ($4,000). In the event that the diversion program registration exceeds five hundred dollars ($500), the board may provide for quarterly payments. SEC. 14. Section 4875.3 is added to the Business and Professions Code, to read: 4875.3. (a) If the board determines, as a result of its inspection of the premises pursuant to Section 4809.5, or any other place where veterinary medicine, veterinary dentistry, veterinary surgery, or the various branches thereof is practiced, or that is otherwise in the possession of a veterinarian for purpose of that practice, that it is not in compliance with the standards established by the board, the board shall provide a notice of any deficiencies and provide a reasonable time for compliance with those standards prior to commencing any further action pursuant to this article. The board may issue an interim suspension order pursuant to Section 494 in those cases where the violations represent an immediate threat to the public and animal health and safety. (b) A veterinarian who reviews and investigates an alleged violation pursuant to Section 4875.2 shall be licensed in or employed by the state either full time or part time and shall not have been out of practice for more than four years. SEC. 15. Section 4875.4 of the Business and Professions Code is amended to read: 4875.4. (a) The board shall, in the manner prescribed in Section 4808, adopt regulations covering the assessment of civil penalties under this article which give due consideration to the appropriateness of the penalty with respect to the following factors: (1) The gravity of the violation, including, but not limited to, whether the violation is minor. (2) The good faith of the person being charged. (3) The history of previous violations. (b) In no event shall the civil penalty for each citation issued be assessed in an amount greater than five thousand dollars ($5,000). (c) Regulations adopted by the board shall be pursuant to the procedures for citations and fines in accordance with Section 125.9. SEC. 16. Section 4905 of the Business and Professions Code is amended to read: 4905. The following fees shall be collected by the board and shall be credited to the Veterinary Medical Board Contingent Fund: (a) The fee for filing an application for examination shall be set by the board in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purpose of this chapter, not to exceed three hundred fifty dollars ($350). (b) The fee for the California state board examination shall be set by the board in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purpose of this chapter, not to exceed three hundred fifty dollars ($350). (c) The fee for the Veterinary Medicine Practice Act examination shall be set by the board in an amount it determines reasonably necessary to provide sufficient funds to carry out the purpose of this chapter, not to exceed one hundred dollars ($100). (d) The initial license fee shall be set by the board not to exceed five hundred dollars ($500) except that, if the license is issued less than one year before the date on which it will expire, then the fee shall be set by the board at not to exceed two hundred fifty dollars ($250). The board may, by appropriate regulation, provide for the waiver or refund of the initial license fee where the license is issued less than 45 days before the date on which it will expire. (e) The renewal fee shall be set by the board for each biennial renewal period in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purpose of this chapter, not to exceed five hundred dollars ($500). (f) The temporary license fee shall be set by the board in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purpose of this chapter, not to exceed two hundred fifty dollars ($250). (g) The delinquency fee shall be set by the board, not to exceed fifty dollars ($50). (h) The fee for issuance of a duplicate license is twenty-five dollars ($25). (i) Any charge made for duplication or other services shall be set at the cost of rendering the service, except as specified in subdivision (h). (j) The fee for failure to report a change in the mailing address is twenty-five dollars ($25). (k) The initial and annual renewal fees for registration of veterinary premises shall be set by the board in an amount not to exceed four hundred dollars ($400) annually. (l) If the money transferred from the Veterinary Medical Board Contingent Fund to the General Fund pursuant to the Budget Act of 1991 is redeposited into the Veterinary Medical Board Contingent Fund, the fees assessed by the board shall be reduced correspondingly. However, the reduction shall not be so great as to cause the Veterinary Medical Board Contingent Fund to have a reserve of less than three months of annual authorized board expenditures. The fees set by the board shall not result in a Veterinary Medical Board Contingent Fund reserve of more than 10 months of annual authorized board expenditures. SEC. 17. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.