BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 307|
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THIRD READING
Bill No: SB 307
Author: Price (D)
Amended: 4/24/13
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 10-0, 4/29/13
AYES: Price, Emmerson, Block, Corbett, Galgiani, Hernandez,
Hill, Padilla, Wyland, Yee
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Healing arts: Veterinary Medical Board
SOURCE : Author
DIGEST : This bill extends, until January 1, 2016, the
provisions establishing the Veterinary Medical Board (VMB) and
the term of the executive officer of the VMB; and makes other
changes regarding the inspection authority of the VMB as it
pertains to veterinary premises, the membership, and
responsibility of the Multidisciplinary Committee of the VMB,
and the requirements for veterinary assistants regarding access
to controlled substances.
ANALYSIS :
Existing law:
1.Provides for the licensing and regulation of approximately
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9,800 veterinarians and 4,300 registered veterinary
technicians by the VMB within the Department of Consumer
Affairs (DCA).
2.Specifies that the VMB shall consist of eight members, four of
whom are licensed veterinarians, one of whom is a registered
veterinary technician (RVT) and three of whom are public
members, and that the VMB shall remain in effect until January
1, 2014, and is subject to review by the Legislature.
3.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 VBM; and provides that this authority shall remain in
effect only until January 1, 2014.
4.Provides that the VMB may at any time inspect the premises in
which veterinary medicine, veterinary dentistry, veterinary
surgery is being practiced.
5.Requires the VMB to establish a regular inspection program
which will provide for random, unannounced inspections.
6.Provides that the VMB shall establish an advisory committee to
assist, advice, 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).
7.Provides that members of the MDC shall be appointed by the VMB
and shall consist of seven members; four licensed
veterinarians, two RVTs, and one public member. Members shall
represent a 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; and provides for terms of the
membership of the MDC.
8.Authorizes an 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
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of a licensed veterinarian when done pursuant to the order,
control, and full professional responsibility of a licensed
veterinarian.
9.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.
This bill:
1.Extends the establishment of the VMB and the authorization for
the appointment of an executive officer to January 1, 2016.
2.Specifies that veterinary premises to be inspected by the VMB
shall not include nonprofit animal rescue or adoption centers.
3.Provides that the VMB shall make every effort to inspect at
least 20% of veterinary premises on an annual basis.
4.Changes the membership of the MDC so that it shall consist of
nine members: four licensed veterinarians, two RVTs, one
public member, and a veterinarian and RVT of the VMB.
Provides that board members shall serve concurrent with their
term of office.
5.States the intent of the Legislature that the MDC shall give
specific consideration to issues pertaining to the practice of
RVTs.
6.Requires a valid permit issued by the VMB to a veterinary
assistant before the veterinary assistant would be able to
have access to controlled substances on the veterinary
premises.
7.Requires that as part of the application for a permit of the
veterinary assistant, the VMB shall require an applicant to
furnish a full set of fingerprints for purposes of conducting
a criminal history record check and that the fingerprints
furnished shall be submitted in an electronic format if
readily available. Requires the VMB to use the fingerprints
furnished to obtain criminal history information on the
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applicant from the Department of Justice (DOJ) and the Federal
Bureau of Investigation and for the VMB to obtain any
subsequent arrest information that is available.
8.Provides that the requirement for a permit is contingent on
the VMB receiving sufficient staffing and a fee to cover costs
to implement the permit requirement and that the requirement
for the permit shall become effective on January 1, 2015.
Background
This bill is one of six "sunset review bills" authored by the
Chair of the Senate Business, Professions and Economic
Development Committee. Unless legislation is carried this year
to extend the sunset dates for the VMB and its executive
director they will be repealed on January 1, 2014.
Note: In 2013, the Committee conducted oversight hearings to
review 14 regulatory boards within the DCA. The Committee
began its review of these licensing agencies in March and
conducted two days of hearings. This bill, and the
accompanying sunset bills are intended to implement
legislative changes as recommended in the Committee's
Background/Issue Papers for all of the agencies reviewed
by the Committee this year. For a detailed summary of the
issues and recommendations relating to the VBM, refer to
the Committee's analysis.
Related Legislation
SB 304 (Price) makes various changes to the Medical Practice Act
and to the Medical Board of California.
SB 305 (Price) extends, until January 1, 2018, the provisions
establishing the Naturopathic Medicine Committee and the
Respiratory Care Board of California (RCB), and extends the term
of the executive officers of the RCB and the Board of Optometry.
Specifies that the Osteopathic Medical Board of California is
subject to review by the appropriate policy committees of the
Legislature. Exempts individuals who have performed pulmonary
function tests in Los Angeles County facilities for at least 15
years, from licensure as a respiratory care therapist.
Specifies that any board under the DCA is authorized to receive
certified records from a local or state agency to complete an
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applicant or licensee investigation and authorizes them to
provide those records to the board.
SB 306 (Price) extends, until January 1, 2018, the provisions
establishing the State Board of Chiropractic Examiners, the
Speech-Language Pathology and Audiology and Hearing Aid
Dispensers Board (SLPAHADB), the Physical Therapy Board of
California (PTB) and the California Board of Occupational
Therapy; and extends the terms of the executive officers of the
PTB and the SLPAHADB. The bill also subjects the Boards to be
reviewed by the appropriate policy committees of the
Legislature.
SB 308 (Price) extends, until January 1, 2018, the term of the
Interior Design Law. Specifies that a certified interior
designer provide plans and documents that collaborate with other
design professionals. Requires a certified interior designer to
use a written contract when contracting to provide interior
design services to a client. Extends, until January 1, 2018,
the Board of Guide Dogs for the Blind and extends an arbitration
procedure for the purpose of resolving disputes between a guide
dog user and a licensed guide dog school. Extends, until
January 1, 2018, the Board of Barbering and Cosmetology (Board)
and requires a school to be approved by the Board before it is
approved by the Bureau for Private Postsecondary Education.
Also authorizes the Board to revoke, suspend, or deny its
approval of a school on specified grounds.
SB 309 (Price) extends the term of the State Athletic
Commission, which is responsible for licensing and regulating
boxing, kickboxing, and martial arts matches and is required to
appoint an executive officer until January 1, 2018.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Projected costs of nearly $3 million annually (VMB Contingency
Fund), supporting 12.8 PY (personnel year), until January 1,
2016, fully offset by existing fees.
Additional expenditures of approximately $265,000 annually for
two PY (one Office Technician and one Staff Services Analyst)
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and associated costs to meet the goal of inspecting 20% of
veterinary premises (VMB Contingency Fund).
Additional expenditures of $129,000 annually for two PY (one
Office Technician and one Staff Services Analyst), beginning
in 2015-16, to support the workload associated with
administering a permit program for veterinary assistants who
access controlled substances (VMB Contingency Fund).
DOJ costs of $209,000 in 2015-16, with projected ongoing
annual costs of $42,000 to conduct background checks for
veterinary assistant applicants (Fingerprint Fee Account).
DOJ costs would be reimbursed by the VMB.
Estimated new fee revenues of approximately $350,000 in
2015-16 related to the permit program, with minor ongoing
revenues as new veterinary assistants apply for permits (VMB
Contingency Fund).
MW:ej 5/23/13 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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