BILL ANALYSIS
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|Hearing Date:June 8, 2009 |Bill No:AB |
| |107 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND
ECONOMIC DEVELOPMENT
Senator Gloria Negrete McLeod, Chair
Bill No: AB 107Author:Galgiani
As Amended:June 1, 2009 Fiscal: Yes
SUBJECT: Veterinarians and registered veterinary technicians.
SUMMARY: Clarifies the appointment of members to the Veterinary
Medical Board (VMB) by the Governor; requires the VMB to offer
both a written and practical examination at least twice a year
until January 1, 2011, and after that date, to offer a national
examination and a state specific examination on animal health care
tasks; makes other changes related to reciprocity and temporary
licensing requirements for out-of-state veterinarians; clarifies
the enforcement actions that may be taken against a registered
veterinarian technician; and makes other technical and conforming
changes to the Veterinary Medicine Practice Act.
Existing law:
1)Provides for the examination, licensing, and regulation of
approximately 9,800 veterinarians and 4,300 registered
veterinary technicians by the VMB in the Department of Consumer
Affairs.
2)Establishes the VMB which consists of seven members, three of
whom are public members and four of whom are licensed
veterinarians, and requires the Governor to appoint the four
licensed veterinarians and the Senate Committee on Rules and the
Speaker of the Assembly to each appoint a public member.
3)Requires that the VMB shall, by means of examination, ascertain
the professional qualifications of all applicants for licensure
to practice veterinary medicine in this state and shall issue a
license to every person whom it finds to be qualified.
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4)Requires the examination for veterinarians to consist of a
licensing examination that is administered on a national basis,
a state board examination, and an examination concerning the
statutes and regulations of the Veterinary Medicine Practice Act
(VMP Act) administered by the VMB.
5)Specifies that a registered veterinary technician means a person
who is registered by the VMB if they have passed a written and
practical examination and have met the following requirements:
a) Be at least 18 years of age.
b) Furnish satisfactory evidence of graduation from a
postsecondary institution approved by the VMB, and if a
private postsecondary institution, also approved by the
Bureau of Private Postsecondary and Vocational Education.
c) Completed the equivalent of education and clinical
experience as determined by the VMB.
6)Provides that the examination for registered veterinary
technicians shall be held at least once a year at the times and
places designated by VMB.
6)Provides that the VMB may waive the examination requirements as
specified and issue a temporary license valid for one year to an
applicant to practice veterinary medicine under the supervision
of another licensed California veterinarian if the applicant
meets the following requirements:
6) Holds a current valid license from another state and has
practiced clinical veterinary medicine for a minimum of four
years.
6) Is not under investigation nor been charged with an
offense or subject to administrative disciplinary action by
an agency or been subject to a judgment that the VMB
determines constitutes evidence of incompetence or
negligence.
6) Has no physical or mental impairment related to drugs or
alcohol and has not been found mentally incompetent.
6) Has passed the national licensing examination.
6) Graduated from a veterinary college recognized by the VMB.
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f) Passes an examination concerning the statutes and
regulations of the VMP Act administered by the VMB.
g) Agrees to complete an approved educational curriculum, as
specified, on regionally specific and important diseases and
conditions during the period of temporary licensure.
5)Requires that the complete examination (the state board
examination) shall be given at least once each year and shall
include all such subjects as are included in the curricula of
veterinary colleges and may include such other subjects as the
VMB may by rule authorize and direct.
9)Provides that the VMB shall issue a temporary license valid for
one year to an applicant accepted into a qualifying internship
or residency program that meets specified requirements including
graduation from a veterinary college or possess a certificate
issued by the Educational Commission for Foreign Veterinary
Graduates.
This bill:
1)Clarifies that the Governor actually appoints five members to the
VMB, and that one of those members shall be a public member.
2)Provides that the examinations for a registered veterinary
technician shall be a written and practical examination until
January 1, 2011, and then after that date, the examinations for
registered veterinary technicians shall consist of a national
examination and a state specific examination on animal health care
tasks.
3)Provides that the examinations may be given at the same time or at
different times as determined by the VMB and that the VMB, for
examination purposes, may make contractual arrangements on a sole
source basis with organizations furnishing examination material as
it may deem desirable and shall be exempt from the requirements for
services contracts of state agencies to meet statewide participation
goals (Section 10115 of the Public Contract Code).
4)Provides, however, that the national licensing examination shall
only be provided upon the availability of the computerized
examination on or after January 1, 2011.
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5)Changes one of the requirements as specified in item #7 above, so
that an applicant in good standing shall within three years
preceding filing an application for licensure have practiced
clinical veterinary medicine for a minimum of two years and
completed a minimum of 2,944 hours of clinical practice, rather than
having practiced clinical veterinary medicine for a minimum of four
years full time. Provides also that an applicant can also possess a
certificate issued by the Program for the Assessment of Veterinary
Education Equivalency (PAVE) to meet the requirements as a graduate
from a veterinary college.
6)Provides for purposes of reciprocity , that the VMB shall waive the
examination requirements if an applicant for a license meets all of
the requirements as specified in item # 7 and #5 above, and shall
issue a license once the approved educational curriculum on
regionally specific and important diseases and conditions is
completed.
7)Requires the VMB to issue a temporary license valid for one year to
practice veterinary medicine under the supervision of another
California-licensed veterinarian in good standing if the applicant
satisfies all of the requirements as specified in item #7 above, and
would not be denied issuance of a license under any other provision
of law, and agrees to complete the approved curriculum as specified
above during the period of temporary licensure.
8)Specifies that upon completion of the required educational
curriculum, a temporary licensee shall submit an application for
full licensure accompanied by verification of completion of that
curriculum and all applicable fees.
9)Provides that applicants accepted into a qualifying internship or
residency program can also possess a certificate issued by PAVE to
receive a temporary license.
10)Provides that the state board examination shall be given at least
twice each year rather than only once.
7)Clarifies when the VMB may place on probation, revoke or suspend
the registration of a veterinary technician or take other
enforcement action as necessary against a registered veterinary
technician, including a citation and fine.
12)Makes other various technical and conforming changes.
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FISCAL EFFECT: According to the Assembly Appropriations Committee
analysis of
April 1, 2009:
1)Costs associated with computer programming changes and workload
increases would be approximately $110,000 from the Veterinary
Medical Board Contingent Fund for 2009-10 with an on-going
annual cost of $70,000 from the same fund.
2)This bill would increase licensing revenue by approximately
$25,000 in the first year and second years, growing to $50,000
in 2011-12, and continue to grow by $25,000 a year as 100 new
veterinarians are licensed each year.
3)The Department of Consumer Affairs estimates this measure will
result in an increase of 100 veterinarians in California each
year. Currently, approximately 12% of veterinarians treat farm
animals. If the purpose of this bill is to attract more
agricultural veterinarians, this legislation would result in
approximately 12 more of these veterinarians in the state each
year with a net annual cost of $3,750 per newly licensed
agricultural veterinarian.
COMMENTS:
1.Purpose. The Sponsors of this measure are the Western United
Dairymen and the California Cattlemen's Association . As
explained by the Sponsors, currently California cattle producers
are experiencing a shortage of food animal veterinarians, which
is felt in many ways. Some are experiencing delays in
scheduling routine services such as pregnancy checks. Others
have trouble getting routine health testing, which must be
completed by veterinarians while other may be experiencing
delays in other types of treatment areas. The Sponsors argue
that this bill would help alleviate this pressure by
streamlining the process by which veterinarians are able to
become licensed to practice in California.
According to the Sponsors, the food animal veterinarian shortage
not only has a direct impact in livestock production, but it
also impacts state and federal agencies. Both the California
Department of Food and Agriculture and the United States
Department of Agriculture hires food animal veterinarians to
work in their food safety and inspection programs. The Sponsors
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state that this bill is also an important first step in ensuring
we have the necessary food animal veterinarians needed to
perform vital services. As indicated by the Sponsors, food
animal veterinarians play an important role and it is critical
we work to alleviate the shortage in California to ensure good
animal and related health care.
The Author points out that this bill would authorize the VMB to
offer the licensing examination at least twice a year, which
would allow a greater number of candidates to test for their
license. The bill would also provide different paths for
licensed veterinarians from other states to receive reciprocity.
There are those veterinarians who could apply for a license in
California and continue to practice in their state of origin and
then once they met all requirements, including educational
curriculum on regionally specific and important diseases of
California, they would qualify for full licensure. Others who
wish to practice immediately in California would still be able
to obtain a temporary license and practice under the supervision
of a California licensed veterinarian while they are meeting the
educational curriculum requirements.
2.Background.
2) Veterinarian Shortage. According to the Author, there is
a current veterinarian shortage in California, particularly
affecting the agricultural communities. According to the
California Veterinary Medical Association , there are 7,500
practicing veterinarians in California, with another 222
graduating from veterinary school. As the Author explains,
part of the shortage problem is the fact that current law
only requires the VMB to offer the licensing examination once
a year, thus driving otherwise qualified veterinarians to
leave the state in order to test for their license and find
employment. The Author also argues that current law is also
very cumbersome to practicing veterinarians in other states
who would like to practice in California. The current
national shortfall of at least 1,500 veterinarians could grow
to 15,000 or more over the next 20 years. The shortage is
especially dire in California where there are about 17
veterinarians for every 100,000 people, which is far below
the national average of 27 per 100,000. Further, as the
Author states, this current lack of licensed veterinarians
has a direct effect on the safety of our food supply. While
the demand for "food supply veterinarians" (Farm Animal
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Veterinarians) is predicted to increase 12 to 13 percent in
the next eight years, research shows that there will most
likely be a 4 to 5 percent decrease of these types of
veterinarians obtaining jobs in our agricultural and farming
communities.
Another reason for fewer food supply veterinarians is that most
veterinarians gravitate toward treating small animals for
various reasons. Primarily, small animal veterinarians
generally make more money from pet owners that are willing to
pay for expensive treatments for sick or injured animals.
Ranchers, on the other hand, will tend to choose to slaughter
a sick or injured animal rather than invest in costly
veterinary care. For veterinarians with large student loans,
the ability to make a larger income to pay off those loans
could become a necessity. In addition to the higher earning
potential, working with small animals can be less physically
demanding for a veterinarian. Treating animals that weigh
over 1,000 pounds day in and day out can take a significant
toll on a veterinarian's health.
The shortage of food supply veterinarians could also directly
affect the safety of the nation's food supply because it is
veterinarians that are responsible for monitoring the health
of livestock. The recent recall of 143 million pounds of
beef from Hallmark/Weston Meat Packing Company in San
Bernardino County has greatly increased the awareness of the
vulnerability of the food supply and the need for increased
oversight and for more veterinarians willing to provide the
care and oversight of these animals.
2) Other State's Legislation. Currently, 8 states
(including Ohio and Pennsylvania) are attempting to address
the shortage of agricultural veterinarians by offering
student loan forgiveness programs and 8 other states are
considering similar legislation to provide easier
reciprocity.
c) Previous Similar Legislation. This bill is almost
identical to AB 1760 (Galgiani) from 2008, that was vetoed
due to the late passage of the 2008-2009 Budget. In the
message the Governor wrote, "I am only signing bills that are
the highest priority for California. This bill does not meet
this standard and I cannot sign it at this time."
SB 1205 (Aanestad) would have established an advisory committee
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to the Veterinary Medical Board (VMB) to make recommendations
to the VMB regarding the implementation of rules and
regulations by the VMB; make changes to the registered
veterinary technicians committee; clarify that the equivalent
of education considered by the VMB must be educational or a
combination of education and clinical experience; prioritized
cases handled by the VMB for purposes of investigation and
prosecution; provided reasonable opportunity for a
veterinarian to comply with any deficiencies found during the
VMB's inspection of their premises; and, allowed the VMB to
cite for minor infractions, rather than for negligence when a
minor violation occurred. This measure failed passage in
this Committee on April 14, 2008.
SB 1584 (Padilla, Chapter 529, Statutes of 2008) included
language similar to
SB 1205 (Aanestad) and also allowed for an increase in the
maximum amounts that the VMB may set for certain specified
fees; deleted the provision of existing law requiring the VMB
to set and collect a fee for the national licensing
examination; required an application fee to be paid by a
school or institution seeking approval of RVT curriculum.
SB 969 (Aanestad, 2007) provided similar changes related to
reciprocity and temporary licensing requirements for
out-of-state veterinarians. This language was removed from
the measure in Senate Appropriations Committee. There was
concern over a fee increase for the examination and the
temporary license which would be necessary to cover the
workload of the VMB.
SB 2003 (Knight, Chapter 1070, Statutes of 1998) required the
VMB to issue a temporary license to practice veterinary
medicine, changed the requirements for the examination of
applicants, required and authorized the VMB to set and
appropriate the examination and licensing fees, and created a
one-year temporary license for applicants accepted into a
qualifying internship or residency programs.
3.Arguments in Support. The Veterinary Medical Board (VMB)
supports the changes in this measure to require the state
board's licensing examination to be given twice each year, to
update the reciprocity licensing requirements and to include
updates on various other sections of the VMP Act, including the
VMB's enforcement provisions.
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The California Veterinary Medical Association is in support of
this measure and believes that this bill will provide more
opportunities for students at UC Davis and Western University of
Veterinary Medicine in Southern California to take the VMB's
examination closer to graduation from veterinary school by
providing the exam at least twice annually. The CVMA also
believes that lowering the clinical experience requirement to
two years with a minimum of 2,944 hours of clinical practice
versus the current four-year requirement, will remove an
additional barrier for veterinarians wanting to practice in
California.
The California Farm Bureau (CFB) is in support of this measure and
also indicates from their standpoint that there is a growing
shortage of veterinarians in production agriculture, academia,
and regulatory medicine throughout the U.S. and that the CFB
believes this bill can be a piece towards helping solve the
growing shortage of veterinarians. According to the CFB,
veterinarians are critical for preventative herd health medicine
and for treatment of sick and injured livestock; they not only
handle diseases that affect animals but also deal with diseases
that are transferable between humans and animals. Veterinarians
are also critical in detecting and in responding to emerging
infectious disease outbreaks such as West Nile Virus and Avian
Influenza. With this in mind, as CFB states, the current
veterinarian shortage is even more alarming.
SUPPORT AND OPPOSITION:
Support:
California Cattlemen's Association (Co-Sponsor)
Western United Dairyman (Co-Sponsor)
California Farm Bureau Federation
California Veterinary Medical Board
California Veterinary Medical Association
Opposition:
None on file as of June 3, 2009.
Consultant:Bill Gage
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