BILL NUMBER: SB 2003 CHAPTERED
BILL TEXT
CHAPTER 1070
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 1998
APPROVED BY GOVERNOR SEPTEMBER 30, 1998
PASSED THE SENATE AUGUST 27, 1998
PASSED THE ASSEMBLY AUGUST 21, 1998
AMENDED IN ASSEMBLY AUGUST 17, 1998
AMENDED IN ASSEMBLY AUGUST 11, 1998
AMENDED IN ASSEMBLY JULY 30, 1998
AMENDED IN ASSEMBLY JUNE 25, 1998
AMENDED IN ASSEMBLY JUNE 15, 1998
AMENDED IN SENATE MARCH 23, 1998
INTRODUCED BY Senator Knight
FEBRUARY 20, 1998
An act to amend Sections 4848 and 4905 of, and to add Section
4848.3 to, the Business and Professions Code, relating to veterinary
medicine, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 2003, Knight. Veterinary medical board.
Existing law provides for a Veterinary Medical Board in the
Department of Consumer Affairs, and requires the board, by means of
examination, to ascertain the professional qualifications of all
applicants for licensure to practice veterinary medicine in this
state and to issue a license to every person whom it finds to be
qualified. Under certain specified conditions, the board is
authorized to waive the examination requirements and to issue a
license to an applicant to practice veterinary medicine subject to
the applicant meeting certain requirements.
This bill would, instead, require until July 1, 2002, the board to
waive the examination requirements and to issue a temporary license
to an applicant to practice veterinary medicine under the supervision
of another licensed California veterinarian, subject to the
applicant meeting certain revised requirements, as specified.
Other provisions of the bill require certification that an
applicant for licensure personally completed an examination
concerning the statutes and regulations of the Veterinary Medicine
Practice Act that is administered by mail.
A violation of the Veterinary Medicine Practice Act is a
misdemeanor. In expanding the scope of an existing crime, the bill
would impose a state-mandated local program. The bill would provide
an exemption from the examination requirements of the provision
described above to University of California veterinary medicine
students who have successfully completed a course on veterinary law
and ethics covering the California Veterinary Medicine Practice Act.
This bill would also provide for a temporary license valid for one
year for applicants accepted into a qualifying internship or
residency program meeting certain requirements.
Existing law requires the board to set and charge various
examination and licensing fees, as specified. Revenue from those
fees is deposited into the Veterinary Medical Board Contingent Fund,
a continuously appropriated fund.
This bill would require the board to set and charge certain fees
for the Veterinary Medicine Practice Act examination and the
temporary license to be issued as described above. By increasing the
source of funds for a continuously appropriated fund, the bill would
make an appropriation.
In expanding the scope of an existing crime this bill would 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.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4848 of the Business and Professions Code is
amended to read:
4848. (a) (1) The board shall, by means of examination, ascertain
the professional qualifications of all applicants for licenses to
practice veterinary medicine in this state and shall issue a license
to every person whom it finds to be qualified. No license shall be
issued to anyone who has not demonstrated his or her competency by
examination.
(2) The examination shall consist of each of the following:
(A) A licensing examination that is administered on a national
basis.
(B) A California state board examination.
(C) An examination concerning those statutes and regulations of
the Veterinary Medicine Practice Act administered by the board. The
examination shall be administered by mail and provided to applicants
within 10 to 20 days of eligibility determination. The board shall
have 10 to 20 days from the date of receipt to process the
examination and provide candidates with the results of the
examination. The applicant shall certify that he or she personally
completed the examination. Any false statement is a violation
subject to Section 4831. University of California veterinary medical
students who have successfully completed a course on veterinary law
and ethics covering the California Veterinary Medicine Practice Act
shall be exempt from this provision.
(3) The examinations may be given at the same time or at different
times as determined by the board. For examination purposes, the
board may make contractual arrangements on a sole source basis with
organizations furnishing examination material as it may deem
desirable and shall be exempt from Section 10115 of the Public
Contract Code.
(4) The licensing examination may be waived by the board in any
case in which it determines that the applicant has taken and passed
an examination for licensure in another state substantially
equivalent in scope and subject matter to the licensing examination
last given in California before the determination is made, and has
achieved a score on the out-of-state examination at least equal to
the score required to pass the licensing examination administered in
California.
(5) Nothing in this chapter shall preclude the board from
permitting a person who has completed a portion of his or her
educational program, as determined by the board, in a veterinary
college, recognized by the board under Section 4846, to take any
examination or any part thereof prior to satisfying the requirements
for application for a license established by Section 4846.
(b) Until July 1, 2002, the board shall waive the examination
requirements of subdivision (a), and issue a temporary license valid
for one year to an applicant to practice veterinary medicine under
the supervision of another licensed California veterinarian in good
standing, if the applicant meets all of the following requirements
and would not be denied issuance of a license by any other provision
of this code:
(1) The applicant holds a current valid license in good standing
in another state, Canadian province, or United States territory and
has practiced clinical veterinary medicine for a minimum of four
years full time within the five years immediately preceding filing an
application for licensure in this state. Experience obtained while
participating in an American Veterinary Medical Association (AVMA)
accredited institution's internship, residency, or specialty board
training program shall be valid for meeting the minimum experience
requirement.
The term "in good standing" means that an applicant under this
section:
(A) Is not currently under investigation nor has been charged with
an offense for any act substantially related to the practice of
veterinary medicine by any public agency, nor entered into any
consent agreement or subject to an administrative decision that
contains conditions placed by an agency upon an applicant's
professional conduct or practice, including any voluntary surrender
of license, nor been the subject of an adverse judgment resulting
from the practice of veterinary medicine that the board determines
constitutes evidence of a pattern of incompetence or negligence.
(B) Has no physical or mental impairment related to drugs,
alcohol, or has not been found mentally incompetent by a physician so
that the applicant is unable to undertake the practice of veterinary
medicine in a manner consistent with the safety of a patient or the
public.
(2) At the time of original licensure, the applicant passed the
national licensing requirement in veterinary science with a passing
score or scores on the examination or examinations equal to or
greater than the passing score required to pass the national
licensing examination or examinations administered in this state.
(3) The applicant has either graduated from a veterinary college
recognized by the board under Section 4846 or possesses a certificate
issued by the Educational Commission for Foreign Veterinary
Graduates (ECFVG).
(4) The applicant passes an examination concerning the statutes
and regulations of the Veterinary Medicine Practice Act, administered
by the board, pursuant to subparagraph (C) of paragraph (2) of
subdivision (a).
(5) The applicant agrees to complete an approved educational
curriculum on regionally specific and important diseases and
conditions during the period of temporary licensure. The board, in
consultation with the California Veterinary Medical Association
(CVMA), shall approve educational curricula that cover appropriate
regionally specific and important diseases and conditions that are
common in California. The curricula shall focus on small and large
animal diseases consistent with the current proportion of small and
large animal veterinarians practicing in the state. The approved
curriculum shall not exceed 30 hours of educational time. The board
shall approve a curriculum as soon as practical, but not later than
June 1, 1999. The approved curriculum may be offered by multiple
providers so that it is widely accessible to candidates licensed
under this subdivision.
(c) Upon receipt of acknowledgment of successful completion of the
requirements set forth in subdivision (b), the board shall issue a
license to the applicant. Any applicant who does not meet the
requirements of subdivision (b) shall take a California state board
examination as specified in subparagraph (B) of paragraph (2) of
subdivision (a).
SEC. 2. Section 4848.3 is added to the Business and Professions
Code, to read:
4848.3. (a) The board shall issue a temporary license valid for
one year to an applicant accepted into a qualifying internship or
residency program that meets all of the following requirements:
(1) Program participants have either graduated from a veterinary
college recognized by the board under Section 4846 or possess a
certificate issued by the Educational Commission for Foreign
Veterinary Graduates, and hold a current valid license in good
standing in another state, Canadian province, or United States
territory.
(2) Program participants are under the direct supervision of a
board-certified California-licensed veterinarian in good standing.
(3) Two or more board-certified specialists are on the staff of
the veterinary practice.
(4) The program undergoes annual evaluation and is approved by one
or more existing organizations officially recognized for that
purpose by the board. The board shall designate one or more
organizations for this purpose no later than January 31, 1999, and
the evaluation and approval process shall begin no later than March
1, 1999.
(b) The temporary license issued pursuant to this section shall
only be valid for activities performed in the course of, and
incidental to, a qualifying internship or residency program.
SEC. 3. Section 4905 of the Business and Professions Code is
amended to read:
4905. The following fees shall be collected by the board and
shall be credited to the Veterinary Medical Board Contingent Fund:
(a) The fee for filing an application for examination shall be set
by the board in an amount it determines is reasonably necessary to
provide sufficient funds to carry out the purpose of this chapter,
not to exceed one hundred dollars ($100).
(b) The fee for the licensing examination shall be set by the
board in an amount it determines is reasonably necessary to provide
sufficient funds to carry out the purpose of this chapter, not to
exceed three hundred twenty-five dollars ($325).
(c) The fee for the California state board examination shall be
set by the board in an amount it determines is reasonably necessary
to provide sufficient funds to carry out the purpose of this chapter,
not to exceed one hundred fifty dollars ($150).
(d) The fee for the Veterinary Medicine Practice Act examination
shall be set by the board in an amount it determines reasonably
necessary to provide sufficient funds to carry out the purpose of
this chapter, not to exceed fifty dollars ($50).
(e) The initial license fee shall be set by the board not to
exceed two hundred fifty dollars ($250) except that, if the license
is issued less than one year before the date on which it will expire,
then the fee shall be set by the board at not to exceed one hundred
twenty-five dollars ($125). The board may, by appropriate
regulation, provide for the waiver or refund of the initial license
fee where the license is issued less than 45 days before the date on
which it will expire.
(f) The renewal fee shall be set by the board for each biennial
renewal period in an amount it determines is reasonably necessary to
provide sufficient funds to carry out the purpose of this chapter,
not to exceed two hundred fifty dollars ($250).
(g) The temporary license fee shall be set by the board in an
amount it determines is reasonably necessary to provide sufficient
funds to carry out the purpose of this chapter, not to exceed one
hundred twenty-five dollars ($125).
(h) The delinquency fee shall be set by the board, not to exceed
twenty-five dollars ($25).
(i) The fee for issuance of a duplicate license is ten dollars
($10).
(j) The board may make a charge for records, transcripts, and
other official documents pertaining to the affairs of the board.
(k) The fee for failure to report a change in the mailing address
is fifteen dollars ($15).
(l) The initial and annual renewal fees for registration of
veterinary premises shall be set by the board in an amount not to
exceed one hundred dollars ($100) annually.
(m) If the money transferred from the Veterinary Medical Board
Contingent Fund to the General Fund pursuant to the Budget Act of
1991 is redeposited into the Veterinary Medical Board Contingent
Fund, the fees assessed by the board shall be reduced
correspondingly. However, the reduction shall not be so great as to
cause the Veterinary Medical Board Contingent Fund to have a reserve
of less than three months of annual authorized board expenditures.
The fees set by the board shall not result in a Veterinary Medical
Board Contingent Fund reserve of more than 10 months of annual
authorized board expenditures.
SEC. 4. 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.