Amended in Senate April 24, 2013

Senate Bill No. 307

Introduced by Senator Price

February 15, 2013

An act to amend Sections begin delete 4800 and end delete begin insert 4800, end insert 4804.5 begin insert , 4809.5, 4809.7, 4809.8, and 4836.1 end insert of the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

SB 307, as amended, Price. Healing arts: Veterinary Medical Board.

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Existing

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begin insert (1) end insert begin insert   end insert begin insert Existing end insert 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. Under existing law, the board consists of begin delete 7 members, end delete begin insert 8 members: end insert 3 begin delete of whom are end delete public begin delete members and end delete begin insert members, end insert 4 begin delete of whom are end delete licensed veterinarians begin insert , and one registered veterinary technician end insert . Existing law repeals the provisions establishing the board, and authorizing the board to appoint an executive officer begin delete as end delete begin insert as, end insert of January 1, 2014.

Under existing law, the board is subject to evaluation by the Joint Sunset Review Committee prior to its repeal.

This bill would provide that those provisions are instead repealed as of January 1, begin delete 2018. end delete begin insert 2016. end insert This bill would begin delete instead end delete begin insert , upon repeal, end insert require that the board be subject to review by the appropriate policy committees of the Legislature.

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(2) Existing law permits the board, at any time, to inspect the premises in which veterinary medicine, veterinary dentistry, or veterinary surgery is being practiced.

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This bill would exclude nonprofit animal rescue or adoption centers from inspection.

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(3) Existing law requires the board to establish a regular inspection program that will provide for random, unannounced inspections.

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This bill would require the board to make every effort to inspect at least 20% of veterinary premises on an annual basis.

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(4) Existing law requires the board to establish an advisory committee, the Veterinary Medicine Multidisciplinary Advisory Committee, to assist, advise, and make recommendations for the implementation of rules and regulations necessary to ensure proper administration and enforcement of specified provisions and to assist the board in its examination, licensure, and registration programs. Existing law requires that members of the multidisciplinary committee to be appointed by the board from lists of nominees solicited by the board. Existing law requires the committee to consist of 7 members, with 4 licensed veterinarians, 2 registered veterinary technicians, and one public member.

end insert begin insert

This bill would expand the committee to 9 members, to include a veterinarian member of the board and the registered veterinarian technician of the board, both of whom would serve concurrently with their term of office. The bill would make other technical and conforming changes.

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(5) Existing law permits a registered veterinary technician 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. Existing law limits access to controlled substances by veterinary assistants 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. Existing law repeals these provisions on January 1, 2015.

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This bill would make these provisions operative indefinitely and limit access to controlled substances by veterinary assistants to person who have obtained a valid permit from the board. The bill would, as part of the application for a permit, require the board to require an applicant to furnish a set of fingerprints for purposes of conducting a criminal history record check. The bill would make the permit requirement contingent on the board receiving sufficient staffing and a fee to cover its costs to implement the permit program.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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,
begin delete 2018, end delete begin insert 2016, end insert and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, begin delete 2018, end delete begin insert 2016, end insert deletes or
extends that date.

(c) Notwithstanding any other law, the repeal of this section
renders the board subject to review by the appropriate policy
committees of the Legislature.

SEC. 2.  

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, begin delete 2018, end delete
begin insert 2016, end insert and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, begin delete 2018, end delete begin insert 2016, end insert deletes or extends
that date.

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begin insert SEC. end insert begin insert 3. end insert   

end insert

begin insert Section 4809.5 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4809.5.  

The board may at any time inspect the premises in
which veterinary medicine, veterinary dentistry, or veterinary
surgery is being practiced. begin insert Veterinary premises to be inspected by
the board do not include nonprofit animal rescue or adoption
centers. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 4809.7 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4809.7.  

The board shall establish a regular inspection program
begin delete which end delete begin insert that end insert will provide for random, unannounced inspections. begin insert The
board shall make every effort to inspect at least 20 percent of
veterinary premises on an annual basis. end insert

begin insert

begin insert SEC. end insert begin insert 5 end insert begin insert . end insert   

end insert

begin insert Section 4809.8 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

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. begin delete Members end delete begin insert The
multidisciplinary committee shall consist of nine members. The
following members end insert of the multidisciplinary committee shall be
appointed by the board from lists of nominees solicited by the
begin delete board. The committee shall consist of the following seven
members: end delete begin insert board: end insert four licensed veterinarians, two registered
veterinary technicians, and one public member. begin insert The committee
shall also include a veterinarian member of the board and the
registered veterinarian technician of the board. end insert 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 begin insert appointed by the
board end insert shall begin delete hold office end delete begin insert serve end insert 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. begin insert Board members of the
multidisciplinary committee shall serve concurrently with their
term of office. end insert

(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 Human Resources.

(e) The board may remove a member of the multidisciplinary
committee begin insert appointed by the board end insert for continued neglect of a duty
required by this chapter, for incompetency, or for unprofessional
conduct.

begin insert

(f) It is the intent of the Legislature that the multidisciplinary
committee, in implementing this section, give specific consideration
to issues pertaining to the practice of registered veterinarian
technicians.

end insert

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begin insert SEC. end insert begin insert 6 end insert begin insert . end insert   

end insert

begin insert Section 4836.1 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4836.1.  

(a) Notwithstanding any other provision of law, a
registered veterinary technician or a veterinary assistant may
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.
However, no person, other than a licensed veterinarian, may induce
anesthesia unless authorized by regulation of the board.

(b) Access to controlled substances by veterinary assistants
under this section is limited to persons who begin delete 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. end delete begin insert obtained a valid permit from the board. end insert

begin insert

(c) As part of the application for a permit, the board shall
require an applicant to furnish a set of fingerprints for purposes
of conducting a criminal history record check. Fingerprints
furnished pursuant to this subdivision shall be submitted in an
electronic format if readily available. The board shall use the
fingerprints furnished by the applicant to obtain criminal history
information on the applicant from the Department of Justice and
the United States Federal Bureau of Investigation, and the board
shall obtain any subsequent arrest information that is available.

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(c)

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begin insert (d) end insert  Notwithstanding subdivision (b), if the Veterinary Medical
Board, in consultation with the Board of Pharmacy, identifies a
dangerous drug, as defined in Section 4022, as a drug begin delete which end delete begin insert that end insert
has an established pattern of being diverted, the Veterinary Medical
Board may restrict access to that drug by veterinary assistants.

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(d)

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begin insert (e) end insert  For purposes of this section, the following definitions apply:

(1) “Controlled substance” has the same meaning as that term
is defined in Section 11007 of the Health and Safety Code.

(2) “Direct supervision” has the same meaning as that term is
defined in subdivision (e) of Section 2034 of Title 16 of the
California Code of Regulations.

(3) “Drug” has the same meaning as that term is defined in
Section 11014 of the Health and Safety Code.

(4) “Indirect supervision” has the same meaning as that term is
defined in subdivision (f) of Section 2034 of Title 16 of the
California Code of Regulations.

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(e) This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.

end delete begin insert

(f) The requirement for a permit is contingent on the board
receiving sufficient staffing and a fee to cover its costs to implement
subdivision (c).

end insert begin insert

(g) This section shall become operative January 1, 2015.

end insert