BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 1980
          Author:   Hayashi (D)
          Amended:  8/10/10 in Senate
          Vote:     21

           
           SEN. BUS., PROF. & ECON. DEV. COMMITTEE :  6-0, 6/21/10
          AYES:  Negrete McLeod, Aanestad, Calderon, Correa, Florez,  
            Walters
          NO VOTE RECORDED:  Wyland, Oropeza, Yee

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  Not relevant


           SUBJECT  :    Healing arts:  veterinary medicine

           SOURCE  :     California Veterinary Medical Board
                      California Veterinary Medical Association


           DIGEST  :    This bill changes the composition of the  
          Veterinary Medical Board (VMB); makes permanent the  
          multidisciplinary committee of the VMB and provides for  
          additional duties of the committee; eliminates the  
          Registered Veterinary Technician Committee; prohibits the  
          use of the title "registered veterinary technician" unless  
          registered with the VMB; requires training for an  
          "unregistered assistant" in the use of radiation safety and  
          techniques before they may operate radiographic equipment;  
          clarifies the reporting requirement for veterinarians who  
          must  report any animal injuries which occurred at a rodeo  
                                                           CONTINUED





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          event; allows students in their final year of study in a  
          veterinary technology program to perform tasks of a  
          registered veterinary technician; and exempts from  
          liability veterinarians or registered veterinarians who  
          provide services during any state of war emergency, a state  
          of emergency, or local emergency.

           Senate Floor Amendments  of 8/10/10 delete a provision of  
          the bill which provided that a person can only provide  
          physical rehabilitation or musculoskeletal manipulation  
          upon an animal if performed by a veterinarian or authorized  
          by regulation of the Veterinary Medical Board.

           ANALYSIS  :    

          Existing law, the Business and Professions Code:

           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, and specifies the  
             requirements for the veterinarian and public members of  
             the VMB.

           3.Provides that the VMB shall become inoperative on July  
             1, 2011, and, as of January 1, 2012, is repealed, unless  
             a later enacted statute, which becomes effective on or  
             before January 1, 2012, deletes or extends the dates on  
             which it becomes operative and is repealed.  Subjects  
             the VMB to the process of sunset review prior to its  
             repeal.

          4. 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  







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             whatever nature for the cure or relief of a bodily  
             injury or disease of an animal.

          Existing law, the Penal Code:  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 VMB within 48 hours of the conclusion of  
          the event.

          Existing law, the Government Code:  Exempts certain healing  
          arts practitioners from liability for specified medical  
          services rendered during a state of war, state of  
          emergency, or local emergency.

          This bill:

           1.Adds one registered veterinary technician (RVT) to the  
             board, to be appointed by the Governor, and specifies  
             that the RVT 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 with the VMB and actually engaged in the  
             practice of RVT during that period.

           2.Extends the inoperative date and repeal date of the VMB  
             to January 1, 2014.

           3.Provides that the current multidisciplinary committee of  
             the VMB shall be re-named the "Veterinary Medicine  
             Multidisciplinary Advisory Committee" (VMMA Committee)  
             and that in addition to its current responsibilities it  
             shall also assist the board in its examination,  
             licensure, and registration programs.

           4.Prescribes the VMMA Committee composition and provides  
             that it shall consist of seven members, four licensed  
             veterinarians, two registered veterinary technicians,  
             and one public member, and requires members to serve for  
             three-year terms, as specified.  Also authorizes the VMB  
             to remove a member of the VMMA Committee for continued  
             neglect of duty, incompetence, or unprofessional  
             conduct.

           5 Provides that the VMMA Committee shall represent a  







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             sufficient cross section of the interests in veterinary  
             medicine in order to address the issues before it, as  
             determined by the VMB, including veterinarians, RVTs,  
             and members of the public.

           6.Removes the inoperative date and repeal date of the VMMA  
             Committee, thereby making the committee operative  
             indefinitely.

           7.Makes the RVT Committee inoperative as of July 1  
             following the initial appointment of a RVT to the VMB.

           8.Adds the reporting requirement under the Penal Code to  
             the VMP Act and would specify that this requirement  
             applies regardless of whether the attending or on-call  
             veterinarian renders the treatment to the animal, also  
             requires that a veterinarian who subsequently renders  
             treatment to an animal known to be injured at a rodeo  
             event to report to the VMB within seven days, and  
             requires the report to consist of specified information  
             and for the VMB to post a form on its website for  
             purposes of this requirement.

           9.Prohibits a person from using 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 he or she has  
             met the specified requirements.

          10.Requires 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 RVT or licensed veterinarian and would  
             require the responsible managing licensee of the  
             veterinary premises to maintain records of that  
             training.  If records do not exist of this training then  
             the "unregistered assistant" shall not operate  
             radiographic equipment.  The training records shall be  
             made available to the VMB upon request and at the time  
             of any inspection of the veterinary premises.

          11.Provides that the requirements for examination and  







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             registration as a RVT 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 RVTs 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.  The VMB  
             shall adopt regulations defining the parameters of  
             supervision for these students.

          12.Makes other conforming technical and clarifying changes  
             to the VMP Act.

          13.(Government Code) Similar to other health care  
             practitioners, exempts veterinarians and RVTs for  
             services rendered to animals during a state of war,  
             state of emergency, or local emergency if provided at  
             the express or implied request of any responsible state  
             or local official or agency.

           Related Legislation

           AB 107 (Galgiani), Chapter 80, Statutes of 2009, clarified  
          the appointment of members to the VMB by the Governor;   
          required 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;  
          made other changes related to reciprocity and temporary  
          licensing requirements for out-of-state veterinarians;  
          clarified the enforcement actions that may be taken against  
          a registered veterinarian technician; and, made other  
          technical and conforming changes to the VMP Act.

          SB 1584 (Padilla), Chapter 529, Statutes of 2008, increased  
          the fees charged for licensing of veterinarians and  
          registration of RVTs; required the VMB 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 of the VMP Act; specified changes in the  
          membership terms and the composition of the RVT Committee;  
          amended the RVT exam eligibility requirements; required the  
          VMB to prioritize its investigative and prosecutorial  







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          resources and establish a priority list for investigative  
          and prosecutorial resources; required the VMB to report  
          annually and make publicly available the number of  
          disciplinary actions it takes, as specified; made changes  
          to the inspection and enforcement programs of the VMB.  
           
           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  8/4/10)

          California Veterinary Medical Association (co-source)
          California Veterinary Medical Board (co-source)
          Action for Animals
          California Registered Veterinary Technicians Association


           ARGUMENTS IN SUPPORT  :    The California Veterinary Medical  
          Board (VMB) and the California Veterinary Medical  
          Association (CVMA) are co-sponsors of this measure.   
          According to the Sponsors, this measure is the result of  
          more than six months of collaboration between the VMB, the  
          CVMA and the California Registered Veterinary Technician  
          Association (CaRVTA).  All three organizations identified  
          segments within the VMP Act that needed clarification or  
          revision.

          The sponsors indicate that the measure, among other things,  
          provides a temporary, limited sunset date for the VMB, and  
          increases the membership on the board by one position to  
          allow a RVT to have a voice on the board.  The bill also  
          makes several important changes to a very effective  
          Multidiscipline Advisory Committee that was established in  
          2008, including adding an additional RVT to that committee,  
          reducing the membership of the committee by two members,  
          making the committee permanent, and collapsing another  
          advisory committee for cost savings and efficiency.




          JJA:cm  8/11/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE







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