BILL ANALYSIS AB 1980 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1980 (Hayashi) As Amended August 10, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: | |(May 6, 2010) |SENATE: |35-0 |(August 12, | | | | | | |2010) | ----------------------------------------------------------------- (vote not relevant) ------------------------------------------------------------------------ |COMMITTEE VOTE: |9-0 |(August 24, 2010) |RECOMMENDATION: |concur | | | | | | | ------------------------------------------------------------------------ Original Committee Reference: B.,P. & C.P. SUMMARY : Changes the composition of the Veterinary Medical Board (Board) and amends provisions to the Veterinary Medicine Act (Act). The Senate amendments delete the Assembly version of this bill, and instead: 1) Add one registered veterinarian 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 Board and actually engaged in the practice of RVT during that period. 2) Extend the inoperative date and repeal date of the Board to January 1, 2014. 3) Provide that the current multidisciplinary committee of the Board 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) Provide that the VMMA Committee shall consist of seven members, four licensed veterinarians, two registered veterinary technicians, and one public member, and require members to serve AB 1980 Page 2 for three year terms, as specified. Also authorizes the Board to remove a member of the VMMA Committee for continued neglect of duty, incompetence, or unprofessional conduct. 5) Provide that the VMMA 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, RVTs, and members of the public. 6) Delete the inoperative date and repeal date of the VMMA Committee, thereby extending it indefinitely. 7) Abolish the RVT Committee as of July 1 following the appointment of a RVT to the Board. 8) Specify that existing rodeo animal injury reporting requirement under the Act applies regardless of whether the attending or on-call veterinarian renders the treatment to the animal, requires a veterinarian who subsequently renders treatment to an animal known to be injured at a rodeo event to report to the Board within seven days, and for the Board to post a form on its website for purposes of this requirement. 9) Prohibit a person from using the title "RVT" or "veterinary technician," or any other words, letters, or symbols, including, but not limited to, the abbreviation "RVT," with the intent to represent that the person is authorized to act as an RVT, unless he or she has met specified requirements. 10)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 an 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 Board upon request and at the time of any inspection of the veterinary premises. 11)Provide that the requirements for examination and 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 AB 1980 Page 3 on and off campus acting under the supervision of a licensed veterinarian "in good standing," as defined. The Board shall adopt regulations defining the parameters of supervision for these students. 12)Make other conforming, technical and clarifying changes to the Act. 13)Exempt 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. EXISTING LAW : 1)Provides for the regulation of the practice of veterinary medicine by the Board and prohibits that practice without a license. 2)Provides for the examination, licensing, and regulation of veterinarians and RVTs by the Board in the Department of Consumer Affairs. 3)Establishes the Board 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 Board. 4)Provides that the Board 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 those dates. Subjects the Board to the process of sunset review prior to its repeal. 5)Requires the Board to appoint a voluntary, advisory multidisciplinary committee of no more than nine members to assist, advise, and make recommendations for the implementation of rules and regulations necessary to ensure proper administration and enforcement of the Act, and provides that that the multidisciplinary committee shall become inoperative on July 1, 2011, and repealed as of AB 1980 Page 4 January 1, 2012. 6)Requires the Board to establish an advisory committee on issues pertaining to the practice of veterinary technicians, to be known as the RVT Committee, and provides that the duties of the RVT Committee include, among other things, advising and assisting the Board in the examination of applicants for veterinary technician registration, the inspection and approval of schools, and developing regulations to establish animal health care tasks and the appropriate degree of supervision. 7)Requires that the Board 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. 8)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 Act administered by the Board. 9)Provides that any person performing any of the tasks as designated by the Board and any person representing himself or herself as a RVT in this state, shall hold a valid unexpired certificate of registration as provided by the Board. 10)Specifies that a RVT means a person who is registered by the Board if they have passed a written and practical examination, as specified, and has met the certain educational and clinical experience requirements. 11)Authorizes an RVT who has been examined by the Board in the area of radiation safety and techniques to operate radiographic equipment under the indirect supervision of a licensed veterinarian, and allows an "unregistered assistant" to operate radiographic equipment under the direct supervision of a RVT or licensed veterinarian. 12)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 AB 1980 Page 5 of the conclusion of the event. 13)Exempts certain healing arts practitioners from liability for specified medical services rendered during a state of war, state of emergency, or local emergency. AS PASSED BY THE ASSEMBLY , this bill authorized the administration of first aid to sick, injured, homeless, or unwanted domestic pets or animals by employees of an animal control shelter or humane society. FISCAL EFFECT : According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS : This bill was substantially amended in the Senate and the Assembly-approved provisions of this bill were deleted. Subsequently, the Senate-approved version of this bill was heard and passed from the Assembly Business, Profession and Consumer Protection Committee. Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916) 319-3301 FN: 0006733