BILL NUMBER: AB 1980	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 10, 2010
	AMENDED IN SENATE  JUNE 29, 2010
	AMENDED IN SENATE  JUNE 7, 2010
	AMENDED IN ASSEMBLY  APRIL 28, 2010

INTRODUCED BY   Assembly Member Hayashi

                        FEBRUARY 17, 2010

   An act to amend Sections 4800, 4802, 4804.5, 4807, 4809.8,
 4826,  4839, 4840.7, and 4887 of, to amend and
repeal Sections 4832, 4833, 4834, and 4835 of, to amend, repeal, and
add Section 4810 of, to add Sections 4830.8, 4839.5, and 4841.1 to,
and to repeal and add Section 4801 of, the Business and Professions
Code, and to amend Section 8659 of the Government Code, relating to
healing arts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1980, as amended, Hayashi. Veterinary medicine.
   (1) 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 and makes a
violation of the act a crime. Under existing law, the board consists
of 7 members, 3 of whom are public members and 4 of whom are licensed
veterinarians. Existing law makes the provisions establishing the
board, and authorizing the board to appoint an executive officer,
inoperative as of July 1, 2011, and repealed as of January 1, 2012.
   This bill would add one registered veterinary technician to the
board, to be appointed by the Governor, and would make the provisions
establishing the board and authorizing it to appoint an executive
officer inoperative and repealed on January 1, 2014.
   (2) Existing law requires the board to 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 the act.
Existing law makes the provision establishing this committee
inoperative on July 1, 2011, and repealed as of January 1, 2012.
   This bill would eliminate those inoperative and repeal dates,
thereby making the committee operative indefinitely. The bill would
name the committee the Veterinary Medicine Multidisciplinary Advisory
Committee, would eliminate its voluntary nature, and would require
it to also assist the board in its examination, licensure, and
registration programs. The bill would prescribe the committee's
composition and would require members to serve 3-year terms, as
specified. The bill would authorize the board to remove a member of
the committee for continued neglect of duty, incompetency, or
unprofessional conduct. 
   (3) Existing law prohibits the practice of veterinary medicine
without a license and specifies that a person practices veterinary
medicine when he or she, among other things, represents himself or
herself as engaged in the practice of veterinary medicine or
administers a treatment of whatever nature for the cure or relief of
a bodily injury or disease of an animal.  
   This bill would provide that a person also practices veterinary
medicine when he or she performs physical rehabilitation or
musculoskeletal manipulation upon an animal, unless otherwise
authorized by regulation of the board. By thereby expanding the scope
of a crime, the bill would impose a state-mandated local program.
 
   (4) 
    (3)    Existing law requires the board to
establish the tasks that may be performed by a registered veterinary
technician and requires a person performing those tasks to be
registered by the board.
   This bill would provide an exemption from those provisions for
specified veterinary technology students. The bill would also
prohibit a person from using the title "registered veterinary
technician" or "veterinary technician," or any other words, letters,
or symbols with the intent to represent that the person is authorized
to act as a registered veterinary technician, unless he or she has
met certain requirements. Because a violation of this requirement
would be a crime, the bill would impose a state-mandated local
program.
   Existing law requires the board to establish an advisory committee
on issues pertaining to the practice of veterinary technicians known
as the Registered Veterinary Technician Committee.
    The bill would make the Registered Veterinary Technician
Committee inoperative as of the July 1 following the initial
appointment of a registered veterinary technician to the board.

   (5) 
    (4)    Existing law authorizes an unregistered
assistant to operate radiographic equipment under the direct
supervision of a registered veterinary technician or a licensed
veterinarian.
   This bill would require an unregistered assistant to be trained in
the area of radiation safety and techniques in order to operate
radiographic equipment under the direct supervision of a registered
veterinary technician or licensed veterinarian and would require the
responsible managing licensee of a veterinary premises to maintain
records of that training. Because a violation of this requirement
would be a crime, the bill would impose a state-mandated local
program. 
   (6) 
    (5)    Existing law requires the attending or
on-call veterinarian at a rodeo event to submit a brief written
listing of any animal injury requiring veterinary treatment to the
board within 48 hours of the conclusion of the event.
   This bill would add that reporting requirement to the Veterinary
Medicine Practice Act and would also require any other veterinarian
to report to the board within 7 days of rendering treatment to an
animal known to be injured at a rodeo event. The bill would require
the report to consist of specified information and would require the
board to post a form on its Internet Web site for purposes of this
requirement. Because a violation of these reporting requirements
under the Veterinary Medicine Practice Act would be a crime, the bill
would impose a state-mandated local program. 
   (7) 
    (6)    Existing law exempts certain healing
arts practitioners from liability for specified services rendered
during a state of war, state of emergency, or local emergency.
   This bill would exempt veterinarians and registered veterinary
technicians for services rendered to animals during a state of war,
state of emergency, or local emergency. 
   (8) 
    (7)   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4800 of the Business and Professions Code is
amended to read:
   4800.  (a) There is in the Department of Consumer Affairs a
Veterinary Medical Board in which the administration of this chapter
is vested. The board consists of the following members:
   (1) Four licensed veterinarians.
   (2) One registered veterinary technician.
   (3) Three public members.
   (b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
   (c) The repeal of this section renders the board subject to the
review provided for by Division 1.2 (commencing with Section 473).
  SEC. 2.  Section 4801 of the Business and Professions Code is
repealed.
  SEC. 3.  Section 4801 is added to the Business and Professions
Code, to read:
   4801.  (a) Each veterinarian member of the board shall be a bona
fide resident of this state for a period of at least five years
immediately preceding his or her appointment and shall have been a
licensed veterinarian under this chapter and actually engaged in the
practice of veterinary medicine in this state during that period.
   (b) The registered veterinary technician member of the board shall
be a bona fide resident of this state for a period of at least five
years immediately preceding his or her appointment and shall have
been registered under this chapter and actually engaged in the
practice of a registered veterinary technician in this state during
that period.
   (c) Each public member of the board shall be a bona fide resident
of this state for a period of at least five years immediately
preceding his or her appointment and shall not be a licensee or
registrant of the board, any other board under this division, or any
board referred to in Section 1000 or 3600.
   (d) No person shall serve as a member of the board for more than
two consecutive terms.
  SEC. 4.  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 the four veterinarian members, the one
registered veterinary technician member, and one public member,
qualified as provided in Section 4801. The Senate Committee on Rules
and the Speaker of the Assembly shall each appoint a public member,
qualified as provided in Section 4801.
  SEC. 5.  Section 4804.5 of the Business and Professions Code is
amended to read:
   4804.5.  The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter.
   This section shall remain in effect only until January 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2014, deletes or extends that date.
  SEC. 6.  Section 4807 of the Business and Professions Code is
amended to read:
   4807.  Five members of the board constitute a quorum for
transaction of business at any meeting of the board.
  SEC. 7.  Section 4809.8 of the Business and Professions Code is
amended to read:
   4809.8.  (a) The board shall establish an advisory committee to
assist, advise, and make recommendations for the implementation of
rules and regulations necessary to ensure proper administration and
enforcement of this chapter and to assist the board in its
examination, licensure, and registration programs. This committee
shall be known as the Veterinary Medicine Multidisciplinary Advisory
Committee. Members of the multidisciplinary committee shall be
appointed by the board from lists of nominees solicited by the board.
The committee shall consist of the following seven members: four
licensed veterinarians, two registered veterinary technicians, and
one public member. Members of the multidisciplinary committee shall
represent a sufficient cross section of the interests in veterinary
medicine in order to address the issues before it, as determined by
the board, including veterinarians, registered veterinary
technicians, and members of the public.
   (b) Multidisciplinary committee members shall hold office for a
term of three years and appointments shall be staggered accordingly.
A member may be reappointed, but no person shall serve as a member of
the committee for more than two consecutive terms. Vacancies
occurring shall be filled by appointment for the unexpired term,
within 90 days after they occur.
   (c) The multidisciplinary 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.
   (d) Multidisciplinary 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.
   (e) The board may remove a member of the multidisciplinary
committee for continued neglect of a duty required by this chapter,
for incompetency, or for unprofessional conduct.
  SEC. 8.  Section 4810 of the Business and Professions Code is
amended to read:
   4810.  (a) As used in this chapter:
   (1) "Board" means the Veterinary Medical Board.
   (2) "Committee" means the Registered Veterinary Technician
Committee.
   (3) "Multidisciplinary committee" means the Veterinary Medicine
Multidisciplinary Advisory Committee established pursuant to Section
4809.8.
   (4) "Regulations" means the rules and regulations set forth in
Division 20 (commencing with Section 2000) of Title 16 of the
California Code of Regulations.
   (b) This section shall become inoperative on the July 1 following
the initial appointment of a registered veterinary technician to the
board, and on the January 1 following that date is repealed, unless a
later enacted statute, that becomes operative on or before that
January 1, deletes or extends the dates on which it becomes
inoperative and is repealed.
  SEC. 9.  Section 4810 is added to the Business and Professions
Code, to read:
   4810.  (a) As used in this chapter:
   (1) "Board" means the Veterinary Medical Board.
   (2) "Multidisciplinary committee" means the Veterinary Medicine
Multidisciplinary Advisory Committee established pursuant to Section
4809.8.
   (3) "Regulations" means the rules and regulations set forth in
Division 20 (commencing with Section 2000) of Title 16 of the
California Code of Regulations.
   (b) This section shall become operative on the July 1 following
the initial appointment of a registered veterinary technician to the
board. 
  SEC. 10.    Section 4826 of the Business and
Professions Code is amended to read:
   4826.  A person practices veterinary medicine, surgery, and
dentistry, and the various branches thereof, when he or she does any
one of the following:
   (a) Represents himself or herself as engaged in the practice of
veterinary medicine, veterinary surgery, or veterinary dentistry in
any of its branches.
   (b) Diagnoses or prescribes a drug, medicine, appliance,
application, or treatment of whatever nature for the prevention, cure
or relief of a wound, fracture, bodily injury, or disease of
animals.
   (c) Administers a drug, medicine, appliance, application, or
treatment of whatever nature for the prevention, cure, or relief of a
wound, fracture, bodily injury, or disease of animals, except where
the medicine, appliance, application, or treatment is administered by
a registered veterinary technician or an unregistered assistant at
the direction of and under the direct supervision of a licensed
veterinarian subject to Article 2.5 (commencing with Section 4832) or
where the drug, including, but not limited to, a drug that is a
controlled substance, is administered by a registered veterinary
technician or an unregistered assistant pursuant to Section 4836.1.
However, no person, other than a licensed veterinarian, may induce
anesthesia unless authorized by regulation of the board.
   (d) Performs a surgical or dental operation upon an animal.
   (e) Performs any manual procedure for the diagnosis of pregnancy,
sterility, or infertility upon livestock or Equidae.
   (f) Performs physical rehabilitation or musculoskeletal
manipulation upon an animal, unless otherwise authorized by
regulation of the board.
   (g) Uses any words, letters or titles in such connection or under
such circumstances as to induce the belief that the person using them
is engaged in the practice of veterinary medicine, veterinary
surgery, or veterinary dentistry. This use shall be prima facie
evidence of the intention to represent himself or herself as engaged
in the practice of veterinary medicine, veterinary surgery, or
veterinary dentistry. 
   SEC. 11.   SEC. 10.   Section 4830.8 is
added to the Business and Professions Code, to read:
   4830.8.  (a) An attending or on-call veterinarian at a rodeo event
shall, pursuant to Section 596.7 of the Penal Code, report to the
board any animal injury at the event requiring veterinary treatment
within 48 hours of the conclusion of the rodeo.
   (b) A veterinarian, other than a veterinarian identified in
subdivision (a), shall report to the board within seven days of
rendering treatment to an animal for an injury that the veterinarian
knows occurred at a rodeo event.
   (c) A report submitted pursuant to this section shall include the
title, location, and date of the rodeo event, the name of the
attending veterinarian at the event, the name of the reporting
veterinarian, the type of animal, and a brief description of the
injury suffered by the animal. The board shall post a form on its
Internet Web site to be used by veterinarians for purposes of
submitting this report.
   (d) For purposes of this section, "rodeo" has the same meaning set
forth in Section 596.7 of the Penal Code.
   SEC. 12.   SEC. 11.   Section 4832 of
the Business and Professions Code, as added by Section 35 of Chapter
759 of the Statutes of 1997, is repealed.
   SEC. 13.   SEC. 12.   Section 4832 of
the Business and Professions Code, as amended by Section 2 of Chapter
529 of the Statutes of 2008, 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.
   (g) This section shall become inoperative on the July 1 following
the initial appointment of a registered veterinary technician to the
board, and on the January 1 following that date is repealed, unless a
later enacted statute, that becomes operative on or before that
January 1, deletes or extends the dates on which it becomes
inoperative and is repealed.
   SEC. 14.   SEC. 13.   Section 4833 of
the Business and Professions Code is amended to read:
   4833.  (a) The committee shall advise and may assist the board in
the examination of applicants for veterinary technician registration.
The examination shall be held at least once a year at the times and
places designated by the board.
   (b) The committee may investigate and evaluate each applicant
applying for registration as a registered veterinary technician and
may recommend to the board for final determination the admission of
the applicant to the examination and eligibility for registration.
   (c) The committee may make recommendations to the board regarding
the establishment and operation of the continuing education
requirements authorized by Section 4838 of this article.
   (d) The committee shall advise and may assist the board in the
inspection and approval of all schools or institutions offering a
curriculum for training registered veterinary technicians.
   (e) The committee may advise and assist the board in developing
regulations to establish animal health care tasks and the appropriate
degree of supervision required for those tasks for registered
veterinary technicians and for unregistered assistants.
   (f) The committee may advise and assist the board in developing
regulations to define subdivision (c) of Section 4840, including, but
not limited to, procedures for citations and fines, in accordance
with Section 125.9.
   (g) This section shall become inoperative on the July 1 following
the initial appointment of a registered veterinary technician to the
board, and on the January 1 following that date is repealed, unless a
later enacted statute, that becomes operative on or before that
January 1, deletes or extends the dates on which it becomes
inoperative and is repealed.
   SEC. 15.   SEC. 14.   Section 4834 of
the Business and Professions Code is amended to read:
   4834.  (a) The board has the power to remove from office at any
time any member of the committee for continued neglect of any duty
required by this article, for incompetency, or for unprofessional
conduct.
   (b) This section shall become inoperative on the July 1 following
the initial appointment of a registered veterinary technician to the
board, and on the January 1 following that date is repealed, unless a
later enacted statute, that becomes operative on or before that
January 1, deletes or extends the dates on which it becomes
inoperative and is repealed.
   SEC. 16.   SEC. 15.   Section 4835 of
the Business and Professions Code is amended to read:
   4835.  (a) Each member of the committee shall receive a per diem
and expenses, as provided in Section 103.
   (b) This section shall become inoperative on the July 1 following
the initial appointment of a registered veterinary technician to the
board, and on the January 1 following that date is repealed, unless a
later enacted statute, that becomes operative on or before that
January 1, deletes or extends the dates on which it becomes
inoperative and is repealed.
   SEC. 17.   SEC. 16.   Section 4839 of
the Business and Professions Code, as added by Section 5 of Chapter
80 of the Statutes of 2009, is amended 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, has passed the examination described in
Section 4841.4, and is registered by the board.
   (b) This section shall become operative on January 1, 2011.
   SEC. 18.   SEC. 17.   Section 4839.5 is
added to the Business and Professions Code, to read:
   4839.5.  No person shall use the title "registered veterinary
technician" or "veterinary technician," or any other words, letters,
or symbols, including, but not limited to, the abbreviation "R.V.T.,"
with the intent to represent that the person is authorized to act as
a registered veterinary technician, unless that person meets the
requirements of Section 4839.
   SEC. 19.   SEC. 18.   Section 4840.7 of
the Business and Professions Code is amended to read:
   4840.7.  (a) A registered veterinary technician who has been
examined by the board in the area of radiation safety and techniques
may operate radiographic equipment under the indirect supervision of
a licensed veterinarian.
   (b) (1) An unregistered assistant who has been trained in the area
of radiation safety and techniques may operate radiographic
equipment under the direct supervision of a registered veterinary
technician or a licensed veterinarian.
   (2) The responsible managing licensee of a veterinary premises
shall maintain records of the training described in paragraph (1). An
unregistered assistant for whom records of this training do not
exist shall not operate radiographic equipment.
   (3) The training records described in paragraph (2) shall be made
available to the board upon request and at the time of any inspection
of the veterinary premises.
   SEC. 20.   SEC. 19.   Section 4841.1 is
added to the Business and Professions Code, to read:
   4841.1.  (a) This article shall not apply to students in the
clinical portion of their final year of study in a board-approved
California veterinary technology program who perform the job tasks
for registered veterinary technicians as part of their educational
experience, including students both on and off campus acting under
the supervision of a licensed veterinarian in good standing, as
defined in paragraph (1) of subdivision (b) of Section 4848.
   (b) The board shall adopt regulations defining the parameters of
supervision required for the students described in subdivision (a).
   SEC. 21.   SEC. 20.   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 five 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. 22.   SEC. 21.   Section 8659 of
the Government Code is amended to read:
   8659.  (a) Any physician or surgeon (whether licensed in this
state or any other state), hospital, pharmacist, respiratory care
practitioner, nurse, or dentist who renders services during any state
of war emergency, a state of emergency, or a local emergency at the
express or implied request of any responsible state or local official
or agency shall have no liability for any injury sustained by any
person by reason of those services, regardless of how or under what
circumstances or by what cause those injuries are sustained;
provided, however, that the immunity herein granted shall not apply
in the event of a willful act or omission.
   (b) Any veterinarian or registered veterinary technician who
renders services during any state of war emergency, a state of
emergency, or a local emergency at the express or implied request of
any responsible state or local official or agency shall have no
liability for any injury sustained by any animal by reason of those
services, regardless of how or under what circumstances or by what
cause those injuries are sustained; provided, however, that the
immunity herein granted shall not apply in the event of a willful act
or omission.
   SEC. 23.   SEC. 22.   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.