BILL NUMBER: AB 107 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 1, 2009
INTRODUCED BY Assembly Members Galgiani and Conway
( Coauthors: Assembly Members
Blumenfield, Gilmore, Jeffries,
and Portantino )
( Coauthor: Senator Cox
)
JANUARY 12, 2009
An act to amend Sections 4802, 4808, 4810, 4848, 4848.3, 4849,
4875, 4875.2, 4875.6, 4876, 4883, 4885, 4886, 4887, 4900, 4901,
4901.1, and 4901.2 of , to amend, repeal, and add Section 4839
of, and to add Section 4841.4 to, the Business and Professions
Code, relating to veterinary medicine, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 107, as amended, Galgiani. Veterinarians and registered
veterinary technicians.
Existing law, the Veterinary Medicine Practice Act, provides for
the licensure and registration of veterinarians and registered
veterinary technicians, and the regulation of the practice of
veterinary medicine by the Veterinary Medical Board, which consists
of 7 members, 3 of whom are public members and 4 of whom are licensed
veterinarians. Existing law requires the Governor to appoint the 4
licensed veterinarians and the Senate Committee on Rules and the
Speaker of the Assembly to each appoint a public member. Existing law
requires the board to ascertain, by means of examination, the
professional qualifications of applicants for licensure to practice
veterinary medicine and to issue a license to every person whom it
finds to be qualified. Existing law requires that the examination
consist of a licensing examination administered on a national basis,
a state board examination, and an examination concerning the statutes
and regulations of the act administered by the board. Existing law
requires that the complete examination be given at least once each
year. Existing law requires the board to waive the examination
requirement and issue a temporary license valid for one year to an
applicant under the supervision of another California-licensed
veterinarian under specified conditions. Existing
Existing law requires an applicant for registration as a
veterinary technician to meet specified age and education
requirements, to pass a written and practical examination, and to
register with the board. Existing law authorizes the board to
issue citations to, place on probation, and revoke or suspend the
license of, a licensed veterinarian who violates the act. Existing
law authorizes the board to revoke or suspend the registration of a
registered veterinary technician who violates the act. Under existing
law, veterinary licenses and veterinary technician registrations
expire after a 2-year term , but may be renewed at any
time within 5 years after expiration, as specified. Under existing
law, revoked licenses are subject to expiration, and , if
the a revoked license is reinstated,
specified fees are required to be paid.
This bill would specify that the Governor shall appoint 5 members
to the board, including one public member. The bill would require
that the state board examination for licensure as a veterinarian be
given at least twice each year, would require the board to
waive the examination requirement and issue a license to an
applicant if he or she meets certain requirements, including holding
a license in good standing in another state and having practiced
clinical veterinary medicine for a specified amount of time, and
would also revise the requirements for issuance of a temporary
license to practice veterinary medicine. The
The bill would modify the examination requirements for
registration as a veterinary technician on and after January 1, 2011,
to instead require that an applicant for registration
pass both a national licensing examination and an examination
specific to the animal health care tasks limited to California
registered veterinary technicians, as approved by the board. The
bill would also authorize the board to assess fines
on and issue citations to, and place on probation, a
registered veterinary technician who violates the Veterinary Medicine
Practice Act. The bill would make the provisions of the act relative
to revocation and reinstatement of licenses applicable to veterinary
technician registrations. Because fees for the reinstatement of a
revoked veterinary technician registration collected by the board
pursuant to these provisions would be deposited in the Veterinary
Medical Board Contingent Fund, which is a continuously appropriated
fund, the bill would make an appropriation.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4802 of the Business and Professions Code is
amended to read:
4802. The members of the board shall hold office for a term of
four years. Each member shall serve until the appointment and
qualification of his or her successor or until one year shall have
elapsed since the expiration of the term for which he or she was
appointed, whichever first occurs. A member may be reappointed
subject to the limitation contained in Section 4801.
Vacancies occurring shall be filled by appointment for the
unexpired term, within 90 days after they occur.
The Governor shall appoint five members, one of whom shall be a
public member. The Senate Committee on Rules and the Speaker of the
Assembly shall each appoint a public member.
SEC. 2. Section 4808 of the Business and Professions Code is
amended to read:
4808. The board may in accordance with the provisions of the
Administrative Procedure Act, adopt, amend, or repeal rules and
regulations that are reasonably necessary to carry into effect the
provisions of this chapter. The board may hold meetings that are
necessary for the transaction of business. It shall issue all
licenses to practice veterinary medicine and all registrations to
practice as a veterinary technician in this state.
SEC. 3. Section 4810 of the Business and Professions Code is
amended to read:
4810. As used in this chapter:
(a) "Board" means the Veterinary Medical Board.
(b) "Committee" means the Registered Veterinary Technician
Committee.
(c) "Regulations" means the rules and regulations set forth in
Division 20 (commencing with Section 2000) of Title 16 of the
California Code of Regulations.
SEC. 4. Section 4839 of the Business
and Professions Code is amended to read:
4839. (a) For purposes of this article, a
registered veterinary technician means a person who has met the
requirements of Section 4841.5, has passed the written and practical
examination, and is registered by the board.
(b) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 5. Section 4839 is added to the
Business and Professions Code , to read:
4839. (a) For purposes of this article, a registered veterinary
technician means a person who has met the requirements set forth in
Sections 4841.4 and 4841.5, and is registered by the board.
(b) This section shall become operative on January 1, 2011.
SEC. 6. Section 4841.4 is added to the
Business and Professions Code , to read:
4841.4. (a) The board shall, by means of examination, determine
the professional qualifications of all applicants who wish to
register as veterinary technicians in California. No registration
shall be issued to anyone who has not demonstrated his or her
competency by examination.
(b) Subject to subdivision (d), the examination for veterinary
technicians shall consist of both of the following:
(1) A national licensing examination.
(2) An examination specific to the animal health care tasks
limited to California registered veterinary technicians, as approved
by the board.
(c) The examinations may be given at the same time or at different
times as determined by the board. For examination purposes, the
board may make contractual arrangements on a sole source basis with
organizations furnishing examination material as it may deem
desirable and shall be exempt from Section 10115 of the Public
Contract Code.
(d) The national licensing examination shall be implemented upon
availability of the computerized examination on or after January 1,
2011.
SEC. 4. SEC. 7. Section 4848 of the
Business and Professions Code is amended to read:
4848. (a) (1) The board shall, by means of examination, ascertain
the professional qualifications of all applicants for licenses to
practice veterinary medicine in this state and shall issue a license
to every person whom it finds to be qualified. No license shall be
issued to anyone who has not demonstrated his or her competency by
examination.
(2) The examination shall consist of each of the following:
(A) A licensing examination that is administered on a national
basis.
(B) A California state board examination.
(C) An examination concerning those statutes and regulations of
the Veterinary Medicine Practice Act administered by the board. The
examination shall be administered by mail and provided to applicants
within 10 to 20 days of eligibility determination. The board shall
have 10 to 20 days from the date of receipt to process the
examination and provide candidates with the results of the
examination. The applicant shall certify that he or she personally
completed the examination. Any false statement is a violation subject
to Section 4831. University of California and Western University of
Health Sciences veterinary medical students who have successfully
completed a board-approved course on veterinary law and ethics
covering the Veterinary Medicine Practice Act shall be exempt from
this provision.
(3) The examinations may be given at the same time or at different
times as determined by the board. For examination purposes, the
board may make contractual arrangements on a sole source basis with
organizations furnishing examination material as it may deem
desirable and shall be exempt from Section 10115 of the Public
Contract Code.
(4) The licensing examination may be waived by the board in any
case in which it determines that the applicant has taken and passed
an examination for licensure in another state substantially
equivalent in scope and subject matter to the licensing examination
last given in California before the determination is made, and has
achieved a score on the out-of-state examination at least equal to
the score required to pass the licensing examination administered in
California.
(5) Nothing in this chapter shall preclude the board from
permitting a person who has completed a portion of his or her
educational program, as determined by the board, in a veterinary
college recognized by the board under Section 4846 to take any
examination or any part thereof prior to satisfying the requirements
for application for a license established by Section 4846.
(b) For purposes of reciprocity, the board shall waive the
examination requirements of subdivision (a), and issue a license to
an applicant to practice veterinary medicine if the applicant meets
all of the following requirements and would not be denied issuance of
a license by any other provision of this code:
(1) The applicant holds a current valid license in good standing
in another state, Canadian province, or United States territory and,
within three years immediately preceding filing an application for
licensure in this state, has practiced clinical veterinary medicine
for a minimum of two years and completed a minimum of 2,944 hours of
clinical practice. Experience obtained while participating in an
American Veterinary Medical Association (AVMA) accredited institution'
s internship, residency, or specialty board training program shall be
valid for meeting the minimum experience requirement.
The term "in good standing" means that an applicant under this
section:
(A) Is not currently under investigation nor has been charged with
an offense for any act substantially related to the practice of
veterinary medicine by any public agency, nor entered into any
consent agreement or been subject to an administrative decision that
contains conditions placed by an agency upon an applicant's
professional conduct or practice, including any voluntary surrender
of license, nor been the subject of an adverse judgment resulting
from the practice of veterinary medicine that the board determines
constitutes evidence of a pattern of incompetence or negligence.
(B) Has no physical or mental impairment related to drugs or
alcohol, and has not been found mentally incompetent by a physician
so that the applicant is unable to undertake the practice of
veterinary medicine in a manner consistent with the safety of a
patient or the public.
(2) At the time of original licensure, the applicant passed the
national licensing requirement in veterinary science with a passing
score or scores on the examination or examinations equal to or
greater than the passing score required to pass the national
licensing examination or examinations administered in this state.
(3) The applicant has either graduated from a veterinary college
recognized by the board under Section 4846 or possesses a certificate
issued by the Educational Commission for Foreign Veterinary
Graduates (ECFVG) or the Program for the Assessment of Veterinary
Education Equivalence (PAVE).
(4) The applicant passes an examination concerning the statutes
and regulations of the Veterinary Medicine Practice Act, administered
by the board, pursuant to subparagraph (C) of paragraph (2) of
subdivision (a).
(5) The applicant completes an approved educational curriculum on
regionally specific and important diseases and conditions. The board,
in consultation with the California Veterinary Medical Association
(CVMA), shall approve educational curricula that cover appropriate
regionally specific and important diseases and conditions that are
common in California. The curricula shall focus on small and large
animal diseases consistent with the current proportion of small and
large animal veterinarians practicing in the state. The approved
curriculum shall not exceed 30 hours of educational time. The
approved curriculum may be offered by multiple providers so that it
is widely accessible to candidates licensed under this subdivision.
(c) The board shall issue a temporary license valid for one year
to an applicant to practice veterinary medicine under the supervision
of another California-licensed veterinarian in good standing if the
applicant satisfies all of the following requirements:
(1) The applicant meets the requirements of paragraphs (1) to (4),
inclusive, of subdivision (b).
(2) The applicant would not be denied issuance of a license under
any other provision of this chapter.
(3) The applicant agrees to complete the approved educational
curriculum described in paragraph (5) of subdivision (b) on
regionally specific and important diseases and conditions during the
period of temporary licensure.
(d) Upon completion of the curriculum described in paragraph (5)
of subdivision (b), a temporary licensee shall submit an application
for full licensure accompanied by verification of completion of that
curriculum and all applicable fees.
(e) The board, in its discretion, may extend the expiration date
of a temporary license issued pursuant to subdivision (c) for not
more than one year for reasons of health, military service, or undue
hardship. An application for an extension shall be submitted on a
form provided by the board.
SEC. 5. SEC. 8. Section 4848.3 of the
Business and Professions Code is amended to read:
4848.3. (a) The board shall issue a temporary license valid for
one year to an applicant accepted into a qualifying internship or
residency program that meets all of the following requirements:
(1) Program participants have either graduated from a veterinary
college recognized by the board under Section 4846 or possess a
certificate issued by the Educational Commission for Foreign
Veterinary Graduates or the Program for the Assessment of Veterinary
Education Equivalency, and hold a current valid license in good
standing in another state, Canadian province, or United States
territory.
(2) Program participants are under the direct supervision of a
board-certified California-licensed veterinarian in good standing.
(3) Two or more board-certified specialists are on the staff of
the veterinary practice.
(4) The program undergoes annual evaluation and is approved by one
or more existing organizations officially recognized for that
purpose by the board.
(b) The temporary license issued pursuant to this section shall
only be valid for activities performed in the course of, and
incidental to, a qualifying internship or residency program.
SEC. 6. SEC. 9. Section 4849 of the
Business and Professions Code is amended to read:
4849. The state board examination shall be given at least twice
each year. It shall include all the subjects that are ordinarily
included in the curricula of veterinary colleges in good standing and
may include any other subjects that the board may by rule authorize
and direct.
SEC. 7. SEC. 10. Section 4875 of the
Business and Professions Code is amended to read:
4875. The board may revoke or suspend for a certain time the
license or registration of any person to practice veterinary medicine
or any branch thereof in this state after notice and hearing for any
of the causes provided in this article. In addition to its authority
to suspend or revoke a license or registration, the board shall have
the authority to assess a fine not in excess of five thousand
dollars ($5,000) against a licensee or registrant for any of the
causes specified in Section 4883. A fine may be assessed in lieu of
or in addition to a suspension or revocation. The proceedings under
this article shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the board shall have all the powers granted
therein. Notwithstanding the provisions of Section 4903, all fines
collected pursuant to this section shall be deposited to the credit
of the Veterinary Medical Board Contingent Fund.
SEC. 8. SEC. 11. Section 4875.2 of
the Business and Professions Code is amended to read:
4875.2. If, upon completion of an investigation, the executive
officer has probable cause to believe that a veterinarian, a
registered veterinary technician, or an unlicensed or
unregistered person acting as a veterinarian or a
registered veterinary technician has violated provisions of this
chapter, he or she may issue a citation to the veterinarian,
registered veterinary technician, or unlicensed person, as provided
in this section. Each citation shall be in writing and shall describe
with particularity the nature of the violation, including a
reference to the provision of this chapter alleged to have been
violated. In addition, each citation may contain an order of
abatement fixing a reasonable time for abatement of the violation,
and may contain an assessment of a civil penalty. The citation shall
be served upon the veterinarian, registered veterinary technician, or
unlicensed individual personally or by any type of mailing requiring
a return receipt. Before any citation may be issued, the executive
officer shall 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. The review shall
include attempts to contact the veterinarian, registered veterinary
technician, or unlicensed person to discuss and resolve the alleged
violation. Upon conclusion of the board designee's review, the
designee shall prepare a finding of fact and a recommendation. If the
board designee concludes that probable cause exists that the
veterinarian, registered veterinary technician, or unlicensed person
has violated any provisions of this chapter, a civil citation shall
be issued to the veterinarian, registered veterinary technician, or
unlicensed person.
SEC. 9. SEC. 12. Section 4875.6 of
the Business and Professions Code is amended to read:
4875.6. (a) If a veterinarian, a registered veterinary
technician, or an unlicensed person desires to administratively
contest a civil citation or the proposed assessment of a civil
penalty therefor, he or she shall, within 10 business days after
receipt of the citation, notify the executive officer in writing of
his or her request for an informal conference with the executive
officer or his or her designee. The executive officer or his or her
designee shall hold, within 60 days from the receipt of the request,
an informal conference. At the conclusion of the informal conference,
the executive officer may affirm, modify, or dismiss the citation or
proposed assessment of a civil penalty, and he or she shall state
with particularity in writing his or her reasons for the action, and
shall immediately transmit a copy thereof to the board, the
veterinarian, registered veterinary technician, or unlicensed person,
and the person who submitted the verified complaint. If the
veterinarian, registered veterinary technician, or unlicensed person
desires to administratively contest under subdivision (c) a decision
made after the informal conference, he or she shall inform the
executive officer in writing within 30 calendar days after he or she
receives the decision resulting from the informal conference.
If the veterinarian, registered veterinary technician, or
unlicensed person fails to notify the executive officer in writing
that he or she intends to contest the citation or the proposed
assessment of a civil penalty therefor or the decision made after an
informal conference within the time specified in this subdivision,
the citation or the proposed assessment of a civil penalty or the
decision made after an informal conference shall be deemed a final
order of the board and shall not be subject to further administrative
review.
Notwithstanding any other provision of law, where a fine is paid
to satisfy an assessment based on the finding of a violation, payment
of the fine shall be represented as satisfactory resolution of the
matter for purposes of public disclosure.
(b) A veterinarian, a registered veterinary technician, or an
unlicensed person may, in lieu of contesting a citation pursuant to
this section, transmit to the board the amount assessed in the
citation as a civil penalty, within 10 business days after receipt of
the citation. An unlicensed person may notify the board and file a
petition for a writ of administrative mandamus under Section 1094.5
of the Code of Civil Procedure within 30 calendar days after receipt
of the citation, without engaging in an informal conference or
administrative hearing. If a petition is not filed pursuant to this
section, payment of any fine shall not constitute an admission of the
violation charged.
(c) If a veterinarian, a registered veterinary technician, or an
unlicensed person has notified the executive officer that he or she
intends to administratively contest the decision made after the
informal conference, the executive officer shall forward the matter
to the Attorney General's office who shall prepare a notice of appeal
of the citation and civil penalty. After the hearing, the board and
administrative law judge shall issue a decision, based on findings of
fact, affirming, modifying, or vacating the citation, or directing
other appropriate relief that shall include, but need not be limited
to, a notice that the failure of a veterinarian, registered
veterinary technician, or unlicensed person to comply with any
provision of the board's decision constitutes grounds for suspension
or denial of licensure, or both, or suspension or denial of
registration, or both. The administrative proceedings under this
section shall be conducted in accordance with the Administrative
Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code), and the board shall
have all the powers granted therein.
(d) After the exhaustion of the review procedures provided for in
this section or if the time for all appeals has passed, the board may
bring an action in the appropriate court in the county in which the
offense occurred to recover the civil penalty and obtain an order
compelling the cited person to comply with the order of abatement. In
that action, the complaint shall include a certified copy of the
final order of the board, together with the factual findings and
determinations of the board and administrative law judge. The
findings shall be prima facie evidence of the facts stated therein,
and in the absence of contrary evidence may serve as the basis for
the issuance of the judgment and order.
(e) Failure of a licensee or registrant to pay a civil penalty
within 30 days of the date of receipt of the assessment, unless the
citation is being appealed, may result in disciplinary action being
taken by the board. When a citation is not contested and a civil
penalty is not paid, the full amount of the assessed civil penalty
shall be added to the fee for renewal of the license or registration.
A license or registration shall not be renewed without payment of
the renewal fee and civil penalty.
(f) Any civil penalties received under this chapter shall be
deposited in the Veterinary Medical Board Contingent Fund.
SEC. 10. SEC. 13. Section 4876 of
the Business and Professions Code is amended to read:
4876. In addition to its authority to suspend or revoke a license
or registration, or assess a fine on a person licensed or registered
under this chapter, the board shall have the authority to place a
licensee or registrant on probation. The authority of the board to
discipline by placing the licensee or registrant on probation shall
include, but is not limited to, the following:
(a) Requiring the licensee or registrant to complete a course of
study or service, or both, as prescribed by the board, and to
demonstrate renewed competence to the satisfaction of the board.
(b) Requiring the licensee or registrant to submit to a complete
diagnostic examination by one or more physicians appointed by the
board. If the board requires a licensee or registrant to submit to
that examination, the board shall receive and consider any other
report of a complete diagnostic examination given by one or more
physicians of the licensee's or registrant's choice.
(c) Restricting or limiting the extent, scope, or type of practice
of the licensee or registrant.
SEC. 11. SEC. 14. Section 4883 of
the Business and Professions Code is amended to read:
4883. The board may deny, revoke, or suspend a license or
registration or assess a fine as provided in Section 4875 for any of
the following:
(a) Conviction of a crime substantially related to the
qualifications, functions, or duties of veterinary medicine, surgery,
or dentistry, in which case the record of the conviction shall be
conclusive evidence.
(b) For having professional connection with, or lending the
licensee's or registrant's name to, any illegal practitioner of
veterinary medicine and the various branches thereof.
(c) Violation or attempting to violate, directly or indirectly,
any of the provisions of this chapter.
(d) Fraud or dishonesty in applying, treating, or reporting on
tuberculin or other biological tests.
(e) Employment of anyone but a veterinarian licensed in the state
to demonstrate the use of biologics in the treatment of animals.
(f) False or misleading advertising.
(g) Unprofessional conduct, that includes, but is not limited to,
the following:
(1) Conviction of a charge of violating any federal statutes or
rules or any statute or rule of this state regulating dangerous drugs
or controlled substances. The record of the conviction is conclusive
evidence thereof. A plea or verdict of guilty or a conviction
following a plea of nolo contendere is deemed to be a conviction
within the meaning of this section. The board may order the license
or registration to be suspended or revoked, or assess a fine, or
decline to issue a license or registration, when the time for appeal
has elapsed, or the judgment of conviction has been affirmed on
appeal or when an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under
Section 1203.4, 1210.1, or 3063.1 of the Penal Code allowing the
person to withdraw his or her plea of guilty and to enter a plea of
not guilty, or setting aside the verdict of guilty, or dismissing the
accusation, information, or indictment.
(2) (A) The use of or prescribing for or administering to himself
or herself, any controlled substance.
(B) The use of any of the dangerous drugs specified in Section
4022, or of alcoholic beverages to the extent, or in any manner as to
be dangerous or injurious to a person licensed or registered under
this chapter, or to any other person or to the public, or to the
extent that the use impairs the ability of the person so licensed or
registered to conduct with safety the practice authorized by the
license or registration.
(C) The conviction of more than one misdemeanor or any felony
involving the use, consumption, or self-administration of any of the
substances referred to in this section or any combination thereof,
and the record of the conviction is conclusive evidence.
A plea or verdict of guilty or a conviction following a plea of
nolo contendere is deemed to be a conviction within the meaning of
this section. The board may order the license or registration to be
suspended or revoked or assess a fine, or may decline to issue a
license or registration, when the time for appeal has elapsed or the
judgment of conviction has been affirmed on appeal or when an order
granting probation is made suspending imposition of sentence,
irrespective of a subsequent order under Section 1203.4, 1210.1, or
3063.1 of the Penal Code allowing the person to withdraw his or her
plea of guilty and to enter a plea of not guilty, or setting aside
the verdict of guilty, or dismissing the accusation, information, or
indictment.
(3) A violation of any federal statute, rule, or regulation or any
of the statutes, rules, or regulations of this state regulating
dangerous drugs or controlled substances.
(h) Failure to keep the licensee's or registrant's premises and
all equipment therein in a clean and sanitary condition.
(i) Fraud, deception, negligence, or incompetence in the practice
of veterinary medicine.
(j) Aiding or abetting in any acts that are in violation of any of
the provisions of this chapter.
(k) The employment of fraud, misrepresentation, or deception in
obtaining the license or registration.
() The revocation, suspension, or other discipline by another
state or territory of a license, certificate, or registration to
practice veterinary medicine or as a veterinary technician in that
state or territory.
(m) Cruelty
to animals, conviction on a charge of cruelty to animals, or both.
(n) Disciplinary action taken by any public agency in any state or
territory for any act substantially related to the practice of
veterinary medicine or the practice of a veterinary technician.
(o) Violation, or the assisting or abetting violation, of any
regulations adopted by the board pursuant to this chapter.
SEC. 12. SEC. 15. Section 4885 of
the Business and Professions Code is amended to read:
4885. A plea or verdict of guilty or a conviction following a
plea of nolo contendere made to a charge of a felony or of any
offense related to the practice of veterinary medicine or the
practice of a veterinary technician is deemed to be a conviction
within the meaning of this article. The board may order the license
or registration to be suspended or revoked, or assess a fine as
provided in Section 4883 or may decline to issue a license or
registration, when the time for appeal has elapsed, or the judgment
of conviction has been affirmed on appeal or when an order granting
probation is made suspending the imposition of sentence, irrespective
of a subsequent order under the provisions of Section 1203.4,
1210.1, or 3063.1 of the Penal Code allowing that person to withdraw
his or her plea of guilty and to enter a plea of not guilty, or
setting aside the verdict of guilty, or dismissing the accusation,
information, or indictment.
SEC. 13. SEC. 16. Section 4886 of
the Business and Professions Code is amended to read:
4886. In reinstating a license or registration that has been
revoked or suspended under Section 4883, the board may impose terms
and conditions to be followed by the licensee or registrant after the
license or registration has been reinstated. The authority of the
board to impose terms and conditions includes, but is not limited to,
the following:
(a) Requiring the licensee or registrant to obtain additional
professional training and to pass an examination upon completion of
the training.
(b) Requiring the licensee or registrant to pass an oral, written,
practical, or clinical examination, or any combination thereof to
determine his or her present fitness to engage in the practice of
veterinary medicine or to practice as a veterinary technician.
(c) Requiring the licensee or registrant to submit to a complete
diagnostic examination by one or more physicians appointed by the
board. If the board requires the licensee or registrant to submit to
that examination, the board shall receive and consider any other
report of a complete diagnostic examination given by one or more
physicians of the licensee's or registrant's choice.
(d) Restricting or limiting the extent, scope, or type of practice
of the licensee or registrant.
SEC. 14. SEC. 17. Section 4887 of
the Business and Professions Code is amended to read:
4887. A person whose license or registration has been revoked or
who has been placed on probation may petition the board for
reinstatement or modification of penalty including modification or
termination of probation after a period of not less than one year has
elapsed from the effective date of the decision ordering the
disciplinary action. The petition shall state such facts as may be
required by the board.
The petition shall be accompanied by at least two verified
recommendations from veterinarians licensed by the board who have
personal knowledge of the activities of the petitioner since the
disciplinary penalty was imposed. The petition shall be heard by the
board. The board may consider all activities of the petitioner since
the disciplinary action was taken, the offense for which the
petitioner was disciplined, the petitioner's activities since the
license or registration was in good standing, and the petitioner's
rehabilitation efforts, general reputation for truth, and
professional ability. The hearing may be continued from time to time
as the board finds necessary.
The board reinstating the license or registration or modifying a
penalty may impose such terms and conditions as it determines
necessary. To reinstate a revoked license or registration or to
otherwise reduce a penalty or modify probation shall require a vote
of four of the members of the board.
The petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole. The board may
deny without a hearing or argument any petition filed pursuant to
this section within a period of two years from the effective date of
the prior decision following a hearing under this section.
SEC. 15. SEC. 18. Section 4900 of the
Business and Professions Code is amended to read:
4900. (a) All veterinary licenses and veterinary technician
registrations shall expire at 12 midnight of the last day of the
birth month of the licensee or registrant during the second year of a
two-year term if not renewed.
(b) The board shall establish by regulation procedures for the
administration of a birth date renewal program, including, but not
limited to, the establishment of a system of staggered license and
registration expiration dates and a pro rata formula for the payment
of renewal fees by veterinarians and registered veterinary
technicians affected by the implementation of the program.
(c) To renew an unexpired license or registration, the licensee or
registrant shall, on or before the date of expiration of the license
or registration, apply for renewal on a form provided by the board,
accompanied by the prescribed renewal fee.
(d) Renewal under this section shall be effective on the date on
which the application is filed, on the date on which the renewal fee
is paid, or on the date on which the delinquency fee, if any, is
paid, whichever occurs last. If so renewed, the license or
registration shall continue in effect through the expiration date
provided in this section which next occurs after the effective date
of the renewal, when it shall expire, if it is not again renewed.
SEC. 16. SEC. 19. Section 4901 of
the Business and Professions Code is amended to read:
4901. Except as otherwise provided in this chapter, an expired
license or registration may be renewed at any time within five years
after its expiration on filing of an application for renewal on a
form prescribed by the board, and payment of all accrued and unpaid
renewal fees. If the license or registration is renewed more than 30
days after its expiration, the licensee or registrant, as a condition
precedent to renewal, shall also pay the delinquency fee prescribed
by this chapter. Renewal under this section shall be effective on the
date on which the application is filed, on the date on which all
renewal fees are paid, or on the date on which the delinquency fee,
if any, is paid, whichever last occurs. If so renewed, the license or
registration shall continue in effect through the expiration date
provided in Section 4900 that next occurs after the effective date of
the renewal, when it shall expire if it is not again renewed.
SEC. 17. SEC. 20. Section 4901.1 of
the Business and Professions Code is amended to read:
4901.1. A license or registration that is suspended is subject to
expiration, and shall be renewed as provided in this chapter, but
that renewal does not entitle the licensee or registrant, while the
license or registration remains suspended and until it is reinstated,
to engage in the licensed or registered activity, or in any other
activity in violation of the order or judgment by which the license
or registration was suspended.
SEC. 18. SEC. 21. Section 4901.2 of
the Business and Professions Code is amended to read:
4901.2. A revoked license or registration is subject to
expiration as provided in this article, but it may not be renewed. If
it is reinstated after its expiration, the licensee or registrant,
as a condition precedent to reinstatement, shall pay a reinstatement
fee in an amount equal to the renewal fee in effect on the last
regular renewal date before the date on which it is reinstated plus
the delinquency fee, if any, accrued at the time of its revocation.