BILL ANALYSIS                                                                                                                                                                                                    Ó


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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  

          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  

          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  

          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.

          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  

          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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