BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 304
                                                                  Page  1

          Date of Hearing:   August 13, 2013

              ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER  
                                     PROTECTION
                               Susan A. Bonilla, Chair
                     SB 304 (Lieu) - As Amended:  August 13, 2013

           SENATE VOTE  :   35-2
           
          SUBJECT  :   Healing arts:  boards.

           SUMMARY  :   Makes various revisions developed as a result of the  
          joint Sunset Review process, including amending the Medical  
          Practice Act (Act) to transfer inspectors from the Medical Board  
          of California (MBC) to the Division of Investigation (DOI)  
          within the Department of Consumer Affairs (DCA) and extend the  
          sunset date of MBC by four years, and amending the Veterinary  
          Practice Act to extend its sunset date by two years.   
          Specifically,  this bill  :    

          1)Transfers the Health Quality Investigation Unit (Unit) from  
            MBC to DOI within DCA, and states that the primary  
            responsibility of the Unit is to investigate violations of law  
            or regulation by licensees and applicants within the  
            jurisdiction of MBC, the California Board of Podiatric  
            Medicine, the Board of Psychology, or any committee under the  
            jurisdiction of MBC.

          2)Clarifies that all civil service employees whose functions are  
            transferred to DOI as a result of this bill and who are  
            currently employed by MBC shall retain their positions,  
            status, and rights, as specified.

          3)Requires the transfer of the Unit to DOI to occur by January  
            1, 2014.

          4)Requires that the transfer of employees shall include all  
            peace officer positions and staff support positions that are  
            identified by DCA as positions whose functions are primarily  
            enforcement related. 

          5)Extends MBC's sunset date until January 1, 2018 and makes MBC  
            subject to review by the appropriate policy committees of the  
            Legislature.









                                                                  SB 304
                                                                  Page  2

          6)Requires that MBC's executive director be approved by the  
            director of DCA. 

          7)Requires each physician and surgeon applicant and licensee who  
            has an electronic mail address to report it to MBC by July 1,  
            2014.  The electronic mail address shall be considered  
            confidential and not subject to public disclosure.

          8)Removes language requiring MBC to send regular mail to those  
            physician and surgeons who do not confirm his or her  
            electronic mail address. 

          9)Revises provisions relating to qualifications for an applicant  
            from a foreign medical school previously disapproved by MBC to  
            be eligible for California licensure to state that:

             a)   The applicant may have an unrestricted license from a  
               Canadian province, and that a minimum of 10 years, not 20,  
               is required for eligibility for a California physician and  
               surgeon license; and,

             b)   The applicant must have a minimum of five, not two,  
               years' continuous licensure in a single state, federal  
               territory, or Canadian province.

          10)Clarifies that a physician and surgeon applicant shall have  
            obtained a passing score on all parts of Step 3 of the United  
            States Medical Licensing Examination (USMLE) within not more  
            than four attempts in order to be eligible for a physician's  
            and surgeon's certificate.

          11)Clarifies that an applicant who obtains a passing score on  
            all parts of  Step 3 of the USMLE in more than four attempts  
            and who meets specified  requirements shall be eligible to be  
            considered for issuance of a physician's and surgeon's  
            certificate.

          12)Requires an accredited outpatient setting to report an  
            adverse event to MBC no later than five days after the adverse  
            event has been detected, or, if that event is an ongoing  
            urgent or emergent threat to the welfare, health, or safety of  
            patients, personnel, or visitors, not later than 24 hours  
            after the adverse event has been detected.  States that  
            disclosure of individually identifiable patient information  
            shall be consistent with applicable law.








                                                                  SB 304
                                                                  Page  3


          13)Permits MBC to fine an accredited outpatient setting an  
            amount not to exceed one hundred dollars ($100) for each day  
            that the adverse event is not reported, as specified.  If the  
            accredited outpatient setting disputes a determination by MBC  
            regarding alleged failure to report an adverse event, the  
            accredited outpatient setting may, within 10 days of  
            notification of MBC's determination, request a hearing, as  
            specified.  Requires that penalties be paid when appeals have  
            been exhausted.

          14)Declares that civil settlements are treated as complaints by  
            the board, as specified.

          15)States that a health care facility with electronic health  
            records' failure to provide an authorizing patient's certified  
            medical records to MBC within 15 days of receiving the  
            request, authorization, and notice will subject the health  
            care facility to a civil penalty, payable to MBC, of up to  
            $1,000 per day for each day that the documents have not been  
            produced, and after the 15th day, up to ten thousand dollars  
            $10,000, unless the health care facility is unable to provide  
            the documents within this time period for good cause.  

          16)Strikes provisions of law related to expert testimony before  
            MBC.

          17)Permits corporations to employ physicians and surgeons or  
            doctors of podiatric medicine enrolled in approved residency  
            postgraduate training programs or fellowship programs.

          18)Permits a bona fide student to engage in the practice of  
            midwifery if the student is under the supervision of a  
            certified nurse-midwife, as specified.

          19)Defines a "bona fide student" to mean an individual who is  
            enrolled and participating in a midwifery education program or  
            who is enrolled in a program of supervised clinical training  
            as part of the instruction of a three year postsecondary  
            midwifery education program approved by MBC.

          20)States that the failure of a physician and surgeon to comply  
            with an order to be examined by one or more physicians and  
            surgeons or psychologists designated by DCA for evaluation of  
            competency to practice may constitute grounds to issue an  








                                                                  SB 304
                                                                  Page  4

            interim suspension order (ISO).  

          21)Extends the time period from 15 to 30 days between the  
            issuance of an ISO and the filing of an accusation.

          22)Deletes the sunset date on the Health Quality Enforcement  
            Section in the Department of Justice (DOJ) and vertical  
            enforcement (VE).

          23)Requires MBC, in consultation with DOJ and DCA, to report and  
            make recommendations to the Governor and the Legislature on  
            the vertical enforcement and prosecution model.

          24)Extends until January 1, 2016, the provisions establishing  
            the VMB and subjects the VMB to a review by the appropriate  
            policy committees of the Legislature and clarifies that the  
            review of the VMB shall be limited to those issues identified  
            by the appropriate policy committees and does not involve the  
            preparation or submission of a sunset review document or  
            questionnaire.  

          25)Clarifies that the VMB's inspection authority does not extend  
            to premises that are not required to be registered with the  
            VMB and specifies that this provision does not affect the  
            VMB's ability to investigate alleged unlicensed activity.

          26)Requires the VMB to make every effort to inspect at least 20  
            percent of veterinary premises on an annual basis.

          27)Requires the Multidisciplinary Committee (MDC) to only serve  
            in an advisory capacity to the VMB and specifies that the  
            objectives, duties and actions of the MDC shall not be a  
            substitute for or conflict with any of the powers, duties and  
            responsibilities of the VMB.

          28)Increases the membership of the MDC from seven to nine by  
            adding a veterinarian member of the VMB, who is to be  
            appointed by the VMB president, and the Registered Veterinary  
            Technician (RVT) member of the VMB and specifies that VMB  
            members on the MDC serve concurrently with their term of  
            office.

          29)States the intent of the Legislature that the MDC give  
            appropriate consideration to issues pertaining to the practice  
            of RVTs.








                                                                  SB 304
                                                                  Page  5


          30)Requires prior to authorizing a veterinary assistant (VA) to  
            obtain or administer a controlled substance by the order of a  
            supervising veterinarian, the licensee manager in a veterinary  
            practice to conduct a background check on that VA and  
            specifies that a veterinary assistant who has a drug or  
            alcohol-related felony conviction, as indicated in the  
            background check, shall be prohibited from obtaining or  
            administering controlled substances.

          31)Authorizes a RVT or a VA to administer a drug, including but  
            not limited to, a drug that is a controlled substance under  
            the direct or indirect supervision of a licensed veterinarian  
            when done pursuant to the order, control, and full  
            professional responsibility of a licensed veterinarian and  
            further specifies that no person other than a licensed  
            veterinarian may induce anesthesia unless authorized by  
            regulation of the VMB.

          32)Authorizes a VA to obtain or administer a controlled  
            substance pursuant to the order, control, and full  
            professional responsibility of a licensed veterinarian if he  
            or she meets both of the following conditions:

             a)   Is designated by a licensed veterinarian to obtain or  
               administer controlled substances; and,

             b)   Holds a veterinary assistant controlled substance permit  
               (VACSP) as specified.

          33)Permits the VMB to restrict access to a drug that the VMB in  
            consultation with the Board of Pharmacy (BOP) identifies as a  
            dangerous drug that has an established pattern of being  
            diverted, as specified.

          34)Provides a definition for "controlled substance," "direct  
            supervision," "drug," and "indirect supervision" as specified.

          35)Specifies that the provision pertaining to an RVT or VA  
            administering a drug, as specified, becomes operative on  
            January 1, 2015 or the effective date of the statute in which  
            the Legislature makes a determination that the VMB has  
            sufficient staffing to implement.

          36)Requires applications for a VACSP to be on a form furnished  








                                                                  SB 304
                                                                  Page  6

            by the VMB.

          37)Specifies that the application fee for a VACSP is set by the  
            VMB in an amount it determines is reasonably necessary, not to  
            exceed $100.

          38)Authorizes the VMB to deny, suspend or revoke the controlled  
            substance permit of a VA after notice and hearing for any  
            cause, as specified, and specifies that proceedings shall be  
            conducted in accordance with the provisions of administrative  
            adjudication as specified.

          39)Specifies that the VMB may revoke or suspend a VACSP for any  
            of the following reasons:

             a)   The employment of fraud, misrepresentation or deception  
               in obtaining a VACSP;

             b)   Chronic inebriety or habitual use of controlled  
               substances; and,

             c)   Violating or attempts to violate, directly or  
               indirectly, or assisting in or abetting the violation of,  
               or conspiring to violate, any specified provision or  
               adopted regulations.

          40)Specifies that the VMB shall not issue a VACSP to any  
            applicant with state or federal felony controlled substance  
            convictions.

          41)Authorizes the VMB to revoke a VACSP upon notification that  
            the VA has been convicted of a state or federal felony  
            controlled substance violation.

          42)Requires the applicant for a VACSP, as part of the  
            application process, to submit to the DOJ fingerprint images  
            and related information as required by DOJ for the purposes of  
            obtaining information as to the existence and content of a  
            record of state or federal convictions and state or federal  
            arrests and also information as to the existence and content  
            of a record of state or federal arrests for which the DOJ  
            establishes that the person is free on bail or on his or her  
            recognizance pending trial or appeal.

          43)Requires the DOJ to forward to the Federal Bureau of  








                                                                  SB 304
                                                                  Page  7

            Investigation (FBI) requests for federal summary criminal  
            history information that it receives, as specified, and  
            requires the DOJ to review any information returned from the  
            FBI and compile and disseminate a response to the VMB  
            summarizing that information.

          44)Requires the DOJ to provide a state or federal level response  
            to the VMB as specified.

          45)Requires the DOJ to charge a reasonable fee sufficient to  
            cover the cost of processing the requests.

          46)Requires the VMB to request from the DOJ subsequent  
            notification service, as specified, for VACSP applicants.

          47)Requires each person who has been issued a VACSP by the VMB,  
            to biennially apply for renewal of his or her permit on or  
            before the last day of the applicant's birthday month and  
            requires the application to be made on a form provided by the  
            VMB.

          48)Requires the application for a VACSP to contain a statement  
            that the applicant has not been convicted of a felony, has not  
            been the subject of professional disciplinary action taken by  
            any public agency in California or any other state or  
            territory, and has not violated any of the provisions  
            pertaining to the VACSP, and specifies that if the applicant  
            is unable to make that statement, the application shall  
            contain a statement of the conviction, professional  
            discipline, or violation.

          49)Permits the VMB, as part of the renewal process, to make the  
            necessary inquiries of the applicant and conduct an  
            investigation in order to determine if cause for disciplinary  
            action exists.

          50)Authorizes the VMB to establish the fee for filing a renewal  
            application for a VACSP in an amount the VMB determines is  
            reasonable necessary not to exceed $50.

          51)Requires every person who has been issued a VACSP, who  
            changes his or her mailing or employer address to notify the  
            VMB of his or her new mailing or employer address within 30  
            days of that change and specifies that the VMB may not renew  
            the permit of any person who fails to comply with address  








                                                                  SB 304
                                                                  Page  8

            change notification requirements unless the person pays a  
            specified penalty fee.

          52)Requires an applicant for a renewal permit to specify in his  
            or her application whether he or she has changed his or her  
            mailing or employer address and the VMB may accept that  
            statement as evidence of the fact.

          53)Specifies that the provisions pertaining to the VACSP and the  
            renewal application for the VACSP becomes operative on January  
            1, 2015 or the effective date of the statute in which the  
            Legislature makes a determination that the VMB has sufficient  
            staffing to implement.

          54)Makes clarifying and technical changes.   

           EXISTING LAW  :

          1)Licenses and regulates physicians and surgeons under the  
            Medical Practice Act (Act) by MBC within DCA and states that  
            the protection of the public is the highest priority of MBC in  
            exercising its functions.  (Business and Professions Code  
            (BPC) 2000 et seq.)

          2)Requires MBC to annually send an electronic notice to each  
            applicant and licensee who has chosen to receive  
            correspondence by electronic mail that requests confirmation  
            that the electronic mail address is current.  (BPC 2021)

          3)Requires an applicant for a physician and surgeon's  
            certificate to obtain a passing score on Step 3 of the USMLE  
            with not more than 4 attempts, subject to an exception.  (BPC   
            2177)

          4)Requires a health care facility to comply with a request of  
            MBC for certified medical records of a patient, authorized by  
            the patient in writing within 30 days, and provides for a  
            civil penalty of up to $1,000 per day, as specified, imposed  
            on a health care facility that fails to comply with that  
            request.  (BPC  2225.5)

          5)Provides that whenever it appears that a healing arts  
            practitioner may be unable to practice his or her profession  
            safely because of an impaired ability due to mental illness or  
            physical illness affecting competency, the licensing board may  








                                                                  SB 304
                                                                  Page  9

            order the licensee to be examined by a physician and surgeon  
            or psychologist; and, provides that if the board determines  
            that the licensee's ability to practice is impaired because of  
            mental or physical illness affecting competency, that board  
            may, revoke the license, suspend the right to practice, place  
            the licensee on probation, or take any other action deemed  
            proper by the board.  
          (BPC 820 and 822)

          6)Prohibits a party from bringing expert testimony in a matter  
            brought by MBC unless certain information regarding the expert  
            witness and a brief summary of the testimony is exchanged in  
            written form with counsel for the other party, within 30  
            calendar days prior to the hearing.  (BPC 2334)

          7)Prohibits corporations and other artificial legal entities  
            from having any medical professional rights, privileges, or  
            powers.  (BPC 2400 et seq.)

          8)Provides for the licensing and regulation of licensed midwives  
            under the Licensed Midwifery Practice Act of 1993, by MBC, and  
            specifies under that law that a midwife student meeting  
            certain conditions is not precluded from engaging in the  
            practice of midwifery as part of the course of study, if  
            certain conditions are met, including, that the student is  
            under the supervision of a licensed midwife.  (BPC 2514)

          9)Provides for the regulation of registered dispensing opticians  
            by MBC and requires that the powers and duties of the MBC in  
            that regard be subject to review by the Joint Sunset Review  
            Committee as if those provisions were scheduled to be repealed  
            on January 1, 2014.  (BPC  2569)

          10)Under the Administrative Procedure Act (APA), establishes  
            within the Office of Administrative Hearings (OAH) a Medical  
            Quality Hearing Panel to conduct adjudicative hearings and  
            proceedings relative to licensees of the MBC under the terms  
            and conditions set forth in the APA, except as provided in the  
            Medical Practice Act.  (Government Code (GC) Section 11371,  
            11373)

          11)Authorizes the administrative law judge of the Medical  
            Quality Hearing Panel to issue an ISO suspending a license, or  
            imposing drug testing, continuing education, supervision of  
            procedures, or other licensee restrictions.  Requires that an  








                                                                  SB 304
                                                                  Page  10

            accusation must be filed within 15 days of the date the ISO is  
            granted or else the order will be dissolved.  (GC 11529)

          12)Establishes the Health Quality Enforcement Section within the  
            Department of Justice whose primary responsibility is to  
            investigate and prosecute proceedings against licensees and  
            applicants of MBC and other specified health-care boards.  (GC  
            12529)

             a)   Provides for the appointment of a Senior Assistant  
               Attorney General to the section to carry out specified  
               duties, and provides that the section to be staffed by a  
               sufficient number of employees capable of handling the most  
               complex and varied types of disciplinary actions; and,

             b)   Provides for the funding for the section, from the  
               special funds financing the MBC and other specified  
               health-care boards. 

          13)Requires that all complaints or relevant information  
            concerning licensees that are within the jurisdiction of MBC,  
            the California Board of Podiatric Medicine, or the Board of  
            Psychology be made available to the Health Quality Enforcement  
            Section.  (GC 12529.5)

             a)   Establishes the procedures for processing the  
               complaints, assisting the boards or committees in  
               establishing training programs for their staff, and for  
               determining whether to bring a disciplinary proceeding  
               against a licensee of the boards.

             b)   Provides for the repeal of those provisions on January  
               1, 2014.

          14)Establishes a VE prosecution model for cases before MBC. (GC  
            12529.6)

             a)   Requires that a complaint referred to a district office  
               of the MBC for investigation also be simultaneously and  
               jointly assigned to an investigator and to the deputy  
               attorney general in the Health and Quality Enforcement  
               Section, as provided.

             b)   Provides for the repeal of those provisions on January  
               1, 2014. 








                                                                  SB 304
                                                                  Page  11


          15)Requires MBC in consultation with the DOJ to report to the  
            Governor and Legislature on the VE model by March 1, 2012.   
            (BPC 12529.7)

          16)Provides for the licensing and regulation of veterinarians  
            registered veterinary technicians (RVTs) by the Veterinary  
            Medical Board (VMB) within DCA.  (BPC 4800 et seq.)

          17)Specifies that the VMB shall consist of 8 members, 4 of whom  
            are licensed veterinarians, 1 of whom is a registered  
            veterinary technician (RVT) and 3 of whom are public members,  
            and that VMB shall remain in effect until January 1, 2014, and  
            that the VMB is subject to review by the Legislature.  (BPC   
            4800) 

          18)Authorizes the VMB to 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;  provides that this authority shall remain in  
            effect only until January 1, 2014.
          (BPC 4804.5)

          19)Provides that the VMB may at any time inspect the premises in  
                                                               which veterinary medicine, veterinary dentistry, veterinary  
            surgery is being practiced.  (BPC 4809.5)

          20)Requires the VMB to establish a regular inspection program  
            which will provide for random, unannounced inspections.  (BPC  
            4809.7)

          21)Provides that the VMB 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 the Veterinary  
            Practice Act and to assist the VMB in its examination,  
            licensure, and registration programs.  This committee shall be  
            known as the Veterinary Medicine Multidisciplinary Advisory  
            Committee (MDC).  (BPC 4809.8)

          22)Provides that members of the MDC shall be appointed by the  
            VMB and shall consist of 
          7 members; 4 licensed veterinarians, 2 RVTs, and 1 public  
            member.  Members shall represent a sufficient cross section of  
            the interests in veterinary medicine in order to address the  








                                                                  SB 304
                                                                  Page  12

            issues before it, as determined by the VMB, including  
            veterinarians, RVTs and members of the public.  (BPC 4809.8.)

          23)Provides the terms of the membership of the MDC.  (BPC 4809.8  
            (b))

          24)Authorizes a RVT or a veterinary assistant to administer a  
            drug, including, but not limited to, a drug that is a  
            controlled substance, under the direct or indirect supervision  
            of a licensed veterinarian when done pursuant to the order,  
            control, and full professional responsibility of a licensed  
            veterinarian.  (BPC 4836.1)

          25)Limits access to controlled substances to persons who have  
            undergone a background check and who, to the best of the  
            licensee manager's knowledge, do not have any drug or alcohol  
            related felony convictions.  (BPC 4836.1) 

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Purpose of this bill  .  This bill represents the combined  
            provisions drafted to address many of the issues raised in the  
            2013 Sunset Review Reports for the MBC and VMB. In addition to  
            extending the sunset dates for the MBC by four years and the  
            VMB by two years, SB 304 includes a number of reforms designed  
            to better protect consumers and make boards more efficient and  
            accountable. This measure is author-sponsored. 

           2)Author's statement  .  According to the author, "This bill is  
            one of several sunset review bills authored by Senator Lieu.   
            Unless legislation is carried this year to extend the sunset  
            dates for MBC and VMB, they will be repealed on January 1,  
            2014.  In 2013, the Senate and Assembly Business and  
            Professions Committees conducted joint oversight hearings to  
            review 14 regulatory boards within the DCA.  The Committees  
            began their review of these licensing agencies in March and  
            conducted three days of hearings.  This bill is intended to  
            implement legislative changes as recommended in the  
            Committee's Background/Issue Papers for all of the agencies  
            reviewed by the Committees this year."

           3)MBC  .  MBC was established in 1876 and is a special-funded  
            state entity responsible for regulating physicians and  








                                                                  SB 304
                                                                  Page  13

            surgeons and a number of other allied health professionals.   
            There are currently 126,483 active physicians and surgeons and  
            270 licensed midwives in California.  This bill makes a number  
            of improvements to streamline enforcement mechanisms and  
            enhance penalties to encourage compliance.  Below are several  
            major issues addressed by SB 304:  

              a)   Vertical enforcement and prosecution (VE)  .  Under  
               current law, VE requires the AG's Office to be involved in  
               MBC's investigation activities as well as its prosecution  
               activities.  VE was established in 2006 as a result of an  
               in-depth review of the MBC's Enforcement and Diversion  
               Programs, and included significant recommendations for  
               improvement. 

               VE requires that each complaint referred to MBC district  
               office for investigation be simultaneously and jointly  
               assigned to a MBC investigator and HQES deputy.  The  
               legislative goal of VE was to bring MBC investigators and  
               HQES Deputies Attorney together, so that each complaint  
               referred to a MBC's district office for investigation is  
               simultaneously and jointly assigned to a MBC investigator  
               and a DAG from the AG's Office. This team approach  
               encourages early coordination and faster decisions,  
               filings, and results. Subsequent legislation extended the  
               sunset date several times.  VE has been successful in  
               integrating investigations and prosecutions and has  
               resulted in faster resolutions.  This bill deletes the  
               sunset date on VE, extending the program indefinitely.  

              b)   Transfer of MBC investigators to DOI  .  As initially  
               drafted in VE's enabling legislation, investigators would  
               have been transferred to HQES in the AG's office.  This  
               would have placed the investigator and prosecutor in the  
               same office under the same agency, a practice, as is done  
               in numerous other law enforcement departments throughout  
               the country.  Very late in the legislative process the  
               transfer of investigators was removed, but not before  
               receiving support from MBC.

               The impetus to revisit the issue of transferring  
               investigators from MBC comes from the need to improve the  
               enforcement activities and results in MBC enforcement  
               cases.  The 2012 Los Angeles Times series "Dying For  
               Relief" illustrated that MBC has failed to aggressively  








                                                                  SB 304
                                                                  Page  14

               investigate and pursue actions against dangerous doctors.  

               This bill transfers MBC investigators to DCA, rather than  
               DOJ, allowing the Legislature to retain oversight authority  
               over the investigatory process.  

              c)   Failure to comply with a mental or physical examination  .  
               MBC may order a physical or mental health examination of a  
               licensee whenever it appears that a licensee's ability to  
               practice may be impaired by physical or mental illness.   
               The examination order is part of the investigation phase,  
               and allows the MBC to make a substantive determination that  
               the licentiate's ability to practice his or her profession  
               actually has become impaired because of mental or physical  
               illness.

             Failure to comply with an examination order constitutes  
               grounds for suspension or revocation of the individual's  
               certificate or license.  However, the process for  
               suspension or revocation for refusal to submit to a  
               duly-ordered examination can be lengthy, as demonstrated by  
               a recent court case in which a licentiate of the Board of  
               Registered Nursing refused a psychiatric examination yet  
               continued to practice for months thereafter.

             This bill states that the failure of a licensee to comply  
               with an order to be examined by a physician or psychologist  
               for evaluation of competency to practice may constitute  
               grounds to issue an ISO.  

              d)   Midwives  . This bill defines a bona fide midwife student  
               to resolve confusion between the medical and midwifery  
               community. "Bona fide student" means an individual who is  
               enrolled and participating in a midwifery education program  
               or who is enrolled in a program of supervised clinical  
               training as part of the instruction of a three year  
               postsecondary midwifery education program approved by MBC.   
               This bill also clarifies that a bona fide student may  
               engage in the practice of midwifery if the student is under  
               the supervision of a certified nurse-midwife, as specified.

           4)Veterinary Medical Board  .  The VMB licenses and regulates  
            veterinarians, RVTs, schools/programs and veterinary  
            premises/hospitals through the enforcement of the California  
            Veterinary Medicine Practice Act.  The VMB develops and  








                                                                  SB 304
                                                                  Page  15

            enforces the standards for examinations, licensing, and  
            hospital and school inspections.  The veterinary medical  
            profession provides health care to a variety of animals  
            including livestock, poultry, and pets from birds, fish,  
            rabbits, hamsters, and snakes to dogs, cats, goats, pigs,  
            horses, and llamas.  Currently there are 36 recognized  
            specialties in veterinary medicine such as surgery, internal  
            medicine, pathology, and ophthalmology.  The VMB was last  
            reviewed by the former Joint Legislative Sunset Review  
            Committee (JLSRC) in 2004.  

            The VMB licenses approximately 10,998 Veterinarians and 5,811  
            RVTs.  The VMB also requires registration of all premises  
            where veterinary medicine, veterinary dentistry, veterinary  
            surgery, and the various branches thereof, is being practiced,  
            which totals  approximately 3,100 veterinary premises.  This  
            bill would extend the provisions establishing the VMB and the  
            term of the executive officer until 2016, where a follow up  
            review of the VMB's outstanding issues from the 2013 sunset  
            review process will be addressed.  The VMB will not be  
            required to produce a full report, but will be instructed to  
            address issues as designated by the appropriate policy  
            committees of the Legislature.  

              a)   Veterinary Premise and Facility Inspections  .  During the  
               2004 sunset review of the VMB the JLSRC raised the issue  
               that only 13 percent of veterinary premises/facilities were  
               inspected by the VMB, and that once a facility has been  
               inspected, it is generally not inspected again until other  
               facilities have been inspected - perhaps as long as six or  
               more years later.  The JLSRC recommended that the VMB  
               should attempt to increase the number of veterinary  
               facilities inspected.  In the current 2012 sunset review,  
               limited follow up information was provided pertaining to  
               the VMB's inspection program of veterinary premises.  The  
               VMB noted that it hired additional inspectors to help with  
               its goal to increase the number of its inspections of  
               veterinary premise.  To address concerns raised during the  
               2013 sunset review process about VMB's premises and  
               facility inspections, this bill requires the VMB to make  
               every effort to inspect at least 20 percent of veterinary  
               premises on an annual basis.  The increased inspections  
               will help the VMB enforce and review safety and compliance  
               issues with premises and facilities that care for animals. 









                                                                  SB 304
                                                                  Page  16

               In addition to increasing premises and facility  
               inspections, another issue raised during the 2013 sunset  
               review process that the VMB may have been inspecting  
               non-veterinarian premises, including 501(c)(3) animal  
               rescue groups, providing an "inspection report" and  
               possibly issuing citations and fines.  The Senate Business,  
               Professions and Economic Development Committee raised the  
               issue that this may not be a reasonable use of resources  
               for the VMB.  

               In order to better define the inspection authority of the  
               VMB, this bill clarifies existing law so that the VMB is  
               not inspecting non-veterinarian premises so that it can  
               better target their use of scarce enforcement resources.  

              b)   Addressing Registered Veterinarian Technician (RVT)  
               Issues  .  In 2010, AB 1980 (Hayashi) (Chapter 538, Statutes  
               of 2010) changed the composition of the VMB to include an  
               RVT member on the VMB, made the "multidisciplinary  
               committee" (MDC) permanent, and provided for additional  
               duties to be added to the committee.  Among other changes,  
               the bill also eliminated the RVT Committee.  According to  
               those representing the RVT profession, there have been RVT  
               issues which either the MDC or the VMB have not addressed  
               or delayed.  The MDC was intended to be inclusive of all  
               issues regarding the veterinarian profession.  To assure  
               the VMB has direct input and oversight of matters related  
               to the MDC, this bill requires that there be one  
               veterinarian member of the VMB that sits on the MDC, and  
               the RVT member of the VMB also sit on the MDC.  This will  
               help ensure that issues pertaining to RVTs are addressed in  
               a more timely and efficient manner.  

              c)   Veterinarian Assistants Access to Controlled Substances  .  
                For many years, it had been common practice for RVTs and  
               VAs who assisted veterinarians in practice to administer  
               drugs under indirect supervision of a veterinarian, by the  
               veterinarian's order, control, and full professional  
               responsibility.  However, in 2007, the VMB's legal counsel  
               questioned existing law regarding who can administer drugs  
               to animals in a veterinary practice setting.  SB 969  
               (Aanestad), (Chapter 83, Statutes of 2007) made a statutory  
               change to clarify those persons who could provide  
               controlled substances in a veterinary office or clinic and  
               under what level of supervision and also contained a sunset  








                                                                  SB 304
                                                                  Page  17

               provision.  The purpose for the sunset provision was to  
               assure that there were no problems or complaints received  
               by the VMB regarding the access to controlled substances by  
               VAs.  The sunset provision was extended to January 1, 2013,  
               pursuant to SB 943 (Committee on Business, Professions and  
               Economic Development) (Chapter 350, Statutes of 2011).  

               There have been stakeholder discussions pertaining to  
               changes in law to assure that VAs who have access to  
               controlled substances have appropriate oversight and no  
               criminal history.  Discussions focused on a fingerprinting  
               requirement for VAs who would have access to controlled  
               substances within the veterinary facility.  DOJ indicated  
               that they would be unable to provide criminal background  
               information on VAs to the VMB unless they were under the  
               authority of the VMB.  Therefore, the VMB would have to at  
               least require VAs to obtain a permit from the VMB to be  
               allowed access to controlled substances, so that the VMB  
               could request fingerprints of the VAs that would be  
               provided to DOJ.  The VMB could then be provided with the  
               criminal background information from DOJ before they grant  
               a permit.  During the 2013 sunset review process, it was  
               recommended that the VMB establish a permitting process for  
               VAs who will have access to controlled substances, both  
               under direct and indirect supervision of a veterinarian, so  
               that the VMB can require a fingerprint check and obtain  
               criminal history information from DOJ for VAs.  
             
                This bill establishes the guidelines for the VACSP and the  
               appropriate fingerprinting and background checks necessary  
               for the permitting of VAs in order to ensure the safety of  
               animals receiving medical care, and protect the public from  
               any inappropriate dispensing of controlled substances.   
               Further, this bill specifies that the process should begin  
               by January 1, 2015, unless the legislature determines that  
               sufficient staffing is available prior to the specified  
               implementation date.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Center for Public Interest Law
          California Veterinary Medical Association
          Veterinary Medical Board








                                                                  SB 304
                                                                  Page  18

           
            Opposition 
           
          None on file


           Analysis Prepared by  :    Sarah Huchel and Elissa Silva / B.,P. &  
          C.P. / (916) 319-3301