BILL NUMBER: SB 1620 CHAPTERED
BILL TEXT
CHAPTER 995
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2000
APPROVED BY GOVERNOR SEPTEMBER 29, 2000
PASSED THE SENATE AUGUST 25, 2000
PASSED THE ASSEMBLY AUGUST 21, 2000
AMENDED IN ASSEMBLY JUNE 27, 2000
AMENDED IN ASSEMBLY JUNE 15, 2000
AMENDED IN SENATE APRIL 24, 2000
AMENDED IN SENATE APRIL 4, 2000
AMENDED IN SENATE MARCH 30, 2000
INTRODUCED BY Senator Kelley
FEBRUARY 22, 2000
An act to amend Section 4846.5 of the Business and Professions
Code, relating to veterinary medicine, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1620, Kelley. Veterinary medicine: continuing education.
The Veterinary Medicine Practice Act requires persons licensed by
the Veterinary Medical Board to apply biennially for renewal of their
licenses or registrations, and, commencing January 1, 2002, requires
the board to issue renewed licenses only to applicants who have
completed a minimum of 36 hours of approved continuing education in
the preceding 2 years, as specified. Under this act, applicants for
license renewal, reinstatement, or relicensure are required to
maintain records of the completion of continuing education coursework
for a period specified by the board, but not to exceed 6 years, and
these records are subject to audit by the board. Under the act,
revenue from fees set by the board is deposited into the Veterinary
Medical Board Contingent Fund, a continuously appropriated fund.
The act also provides for the establishment by the board of an
organization or group that is responsible for approving this
continuing education instruction and authorizes the board to adopt
regulations necessary for the implementation of these provisions.
This bill would delete the requirement that the continuing
education instruction for license renewal be approved. The bill
would also delete the provisions relating to the establishment of the
approval organization or group and those provisions authorizing the
board to promulgate regulations pertaining to it.
This bill would require that continuing education hours be earned
by attending courses sponsored or cosponsored by designated entities
and would require applicants to maintain records of the completion of
continuing education coursework for a period of 4 years. This bill
would require the applicant to provide the board with certain
information relating to any continuing education courses questioned
during the audit. The bill would authorize the board to impose an
application fee, not exceeding $200, upon continuing education
providers for approval. By increasing the source of funds for a
continuously appropriated fund, the bill would make an appropriation.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4846.5 of the Business and Professions Code is
amended 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 continuing
education in the preceding two years.
(b) (1) Notwithstanding any other provision of law, continuing
education hours shall be earned by attending courses relevant to
veterinary medicine and sponsored or cosponsored by any of the
following:
(A) American Veterinary Medical Association (AVMA) accredited
veterinary medical colleges.
(B) Accredited colleges or universities offering programs relevant
to veterinary medicine.
(C) The American Veterinary Medical Association.
(D) American Veterinary Medical Association recognized specialty
or affiliated allied groups.
(E) American Veterinary Medical Association's affiliated state
veterinary medical associations.
(F) Nonprofit annual conferences established in conjunction with
state veterinary medical associations.
(G) Educational organizations affiliated with the American
Veterinary Medical Association or its state affiliated veterinary
medical associations.
(H) Local veterinary medical associations affiliated with the
California Veterinary Medical Association.
(I) Federal, state, or local government agencies.
(J) Providers accredited by the Accreditation Council for
Continuing Medical Education (ACCME) or approved by the American
Medical Association (AMA), providers recognized by the American
Dental Association Continuing Education Recognition Program (ADA
CERP), and AMA or ADA affiliated state, local, and specialty
organizations.
(2) Continuing education credits shall be granted to those
veterinarians taking self-study courses, which may include, but are
not limited to, reading journals, viewing of videotapes, or listening
to audiotapes. The taking of these courses shall be limited to no
more than six hours biennially.
(3) The board may approve other continuing veterinary medical
education providers not specified in paragraph (1).
(A) The board has the authority to recognize national continuing
education approval bodies for the purpose of approving continuing
education providers not specified in paragraph (1).
(B) Applicants seeking continuing education provider approval
shall have the option of applying to the board or to a
board-recognized national approval body.
(4) For good cause, the board may adopt an order specifying, on a
prospective basis, that a provider of continuing veterinary medical
education authorized pursuant to paragraphs (1) or (2) is no longer
an acceptable provider.
(5) Continuing education hours earned by attending courses
sponsored or cosponsored by those entities listed in paragraph (1)
between January 1, 2000, and the effective date of this act shall be
credited toward a veterinarian's continuing education requirement
under this section.
(c) 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.
(d) 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.
(e) The board shall have the right to audit the records of all
applicants to verify the completion of the continuing education
requirement. Applicants shall maintain records of completion of
required continuing education coursework for a period of four years
and shall make these records available to the board for auditing
purposes upon request. If the board, during this audit, questions
whether any course reported by the veterinarian satisfies the
continuing education requirement, the veterinarian shall provide
information to the board concerning the content of the course; the
name of its sponsor and cosponsor, if any; and specify the specific
curricula that was of benefit to the veterinarian.
(f) 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 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.
(g) 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.
(h) 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.
(i) The administration of this section may be funded through
professional license and continuing education provider fees. The
fees related to the administration of this section shall not exceed
the costs of administering the corresponding provisions of this
section.
(j) For those continuing education providers not listed in
paragraph (1) of subdivision (b), the board or its recognized
national approval agent 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 board or its recognized agent shall monitor, maintain,
and manage related records and data. The board shall have the
authority to impose an application fee, not to exceed two hundred
dollars ($200) biennially, for continuing education providers not
listed in paragraph (1) of subdivision (b).