BILL NUMBER: SB 1620 CHAPTERED 09/30/00 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).