BILL NUMBER: SB 155 CHAPTERED
BILL TEXT
CHAPTER 621
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 1998
APPROVED BY GOVERNOR SEPTEMBER 19, 1998
PASSED THE SENATE AUGUST 26, 1998
PASSED THE ASSEMBLY AUGUST 13, 1998
AMENDED IN ASSEMBLY JULY 30, 1998
AMENDED IN ASSEMBLY JUNE 11, 1998
AMENDED IN ASSEMBLY MARCH 30, 1998
AMENDED IN SENATE JANUARY 15, 1998
AMENDED IN SENATE JANUARY 5, 1998
INTRODUCED BY Senator Kelley
JANUARY 15, 1997
An act to add Section 4846.5 to the Business and Professions Code,
relating to veterinary medicine.
LEGISLATIVE COUNSEL'S DIGEST
SB 155, Kelley. Veterinary medicine: license renewal:
continuing education.
Existing law requires persons licensed by the Veterinary Medical
Board to biennially apply for renewal of their licenses or
registrations.
This bill would, commencing January 1, 2002, require the board to
issue renewed licenses only to applicants that have completed a
minimum of 36 hours of approved continuing education in the preceding
2 years, as specified. The bill would require persons renewing
their licenses or applying for relicensure or reinstatement to submit
proof of compliance to the board subject to a penalty of perjury
provision, and would specifically provide that false statements
submitted in that regard would be subject to existing misdemeanor
provisions punishable by a fine or imprisonment, or both.
A violation of the penalty provisions of the bill would expand the
scope of the existing misdemeanor provision, and would thereby
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4846.5 is added to the Business and Professions
Code, to read:
4846.5. (a) On or after January 1, 2002, except as provided in
this section, the board shall issue renewal licenses only to those
applicants that have completed a minimum of 36 hours of approved
continuing education in the preceding two years.
(b) Every person renewing his or her license issued pursuant to
Section 4846.4 or any person applying for relicensure or for
reinstatement of his or her license to active status, shall submit
proof of compliance with this section to the board certifying that he
or she is in compliance with this section. Any false statement
submitted pursuant to this section shall be a violation subject to
Section 4831.
(c) This section shall not apply to a veterinarian's first license
renewal. This section shall apply only to second and subsequent
license renewals granted on or after January 1, 2002.
(d) The board shall have the right to audit the records of any
applicant to verify the completion of the continuing education
requirement. Applicants shall maintain records of completion of
required continuing education coursework for a period as determined
by the board, but not to exceed six years and shall make these
records available to the board for auditing purposes upon request.
(e) A veterinarian desiring an inactive license or to restore an
inactive license under Section 701, shall submit an application on a
form provided by the board. In order to restore an inactive license
to active status, the veterinarian shall have completed a minimum of
36 hours of approved continuing education within the last two years
preceding application. The inactive license status of a veterinarian
shall not deprive the board of its authority to institute or
continue a disciplinary action against a licensee.
(f) Knowing misrepresentation of compliance with the requirements
of this article by a veterinarian constitutes unprofessional conduct
and grounds for disciplinary action or for the issuance of a citation
and the imposition of a civil penalty pursuant to Section 4883.
(g) The board, in its discretion, may exempt from the continuing
education requirement, any veterinarian who for reasons of health,
military service, or undue hardship, cannot meet those requirements.
Applications for waivers shall be submitted on a form provided by
the board.
(h) Continuing education instruction shall be approved by an
approval organization or group to be established by the board.
Providers of continuing education shall be certified by the group.
(i) The approval group shall establish criteria by which a
provider of continuing education shall be approved. The board shall
initially review and approve these criteria and may review the
criteria as needed. The approval group shall monitor and approve
courses and maintain and manage related records and data.
(j) The board shall adopt regulations as necessary for
implementation of this section.
(k) The administration of this section may be funded through
professional license fees and continuing education provider and
course approval fees. The fees related to the administration of this
section shall not exceed the costs of administering the
corresponding provisions of this section.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.