BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 107|
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THIRD READING
Bill No: AB 107
Author: Galgiani (D)
Amended: 6/1/09 in Senate
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEVELOP. COMM. : 7-0, 6/8/09
AYES: Negrete McLeod, Aanestad, Corbett, Correa, Romero,
Walters, Yee
NO VOTE RECORDED: Wyland, Florez, Oropeza
SENATE APPROPRIATIONS COMMITTEE : 11-0, 6/29/09
AYES: Kehoe, Cox, Corbett, Leno, Oropeza, Price, Runner,
Walters, Wolk, Wyland, Yee
NO VOTE RECORDED: Denham, Hancock
ASSEMBLY FLOOR : 79-0, 4/13/09 - See last page for vote
SUBJECT : Veterinarians and registered veterinary
technicians
SOURCE : Western United Dairyman
California Cattlemens Association
DIGEST : This bill 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.
This bill also makes other changes related to reciprocity
CONTINUED
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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.
ANALYSIS : 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. 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.
3. 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 specified requirements.
4. 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 specified requirements.
5. 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.
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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.
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.
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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.
11. 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.
Comments
As explained by the Western United Dairymen and the
California Cattlemen's Association, 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
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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.
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
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.
According to the author's office, this bill authorizes 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.
Prior 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
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committee to the 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.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Veterinarian exam and $110 $68
$68Special*
licensing requirements
(revenue) ($25) ($25)
($50)Special**
* Veterinary Medical Board Contingent Fund
**Veterinary Medical Board Contingent Fund - $50 annually,
ongoing from an increase in licensure of out-of-state
veterinarians.
SUPPORT : (Verified 6/30/09)
Western United Dairyman (source)
California Cattlemen's Association (source)
California Farm Bureau Federation
California Veterinary Medical Board
California Veterinary Medical Association
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Harkey
JA:nl 6/30/09 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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