Today's Law As Amended


Add To My Favorites | print page

SB-1205 Veterinary medicine.(2007-2008)



As Amends the Law Today


SECTION 1.

 Section 4809.8 is added to the Business and Professions Code, to read:

4809.8.
 (a) The board shall appoint a voluntary, advisory multidisciplinary committee to assist, advise, and make recommendations for the implementation of rules and regulations necessary to ensure proper administration and enforcement of this chapter. Members of the committee shall be appointed from lists of nominees solicited by the board.
(b) This section shall become inoperative on July 1, 2011, and as of January 1, 2012, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2012, deletes or extends the dates on which it becomes inoperative and is repealed. The repeal of this section renders the committee subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 2.

 Section 4832 of the Business and Professions Code, as amended by Section 5 of Chapter 467 of the Statutes of 2004, is amended to read:

4832.
 (a) The board shall establish an advisory committee on issues pertaining to the practice of veterinary technicians, that shall be known as the Registered Veterinary Technician Committee, hereafter referred to as the committee.
(b) It is the intent of the Legislature that the Veterinary Medical Board, in implementing this article, give specific consideration to the recommendations of the Registered Veterinary Technician Committee.
(c) The committee shall consist of five registered veterinary technician members appointed by the board commencing January 1, 2009. Appointments shall be for a term of three years, and shall be staggered accordingly.
(d) No member shall serve as a member of the committee for more than two consecutive terms. The committee shall annually elect one of its members as chairperson.
(e) The committee shall meet not more than three times annually, except as authorized pursuant to subdivision (f). Notice of each meeting of the committee shall be given at least two weeks in advance to those persons and organizations that express an interest in receiving that notice.
(f) The committee shall obtain permission from the board to meet more than three times annually. The board shall approve the meetings that are necessary for the committee to fulfill its duties under Section 4833.
(g) The scope of the committee shall not exceed the authority provided under Section 4833.

SEC. 3.

 Section 4841.5 of the Business and Professions Code is amended to read:

4841.5.
 To obtain  be eligible to take the written and practical examination for  registration as a registered veterinary technician, the applicant shall furnish satisfactory evidence of one of the following: shall: 
(a) Be at least 18 years of age.
(a) (b)  Graduation (1)  Furnish satisfactory evidence of graduation  from, at minimum, a two-year curriculum in veterinary technology, in a college or other postsecondary institution approved by the board, or the equivalent thereof, thereof  as determined by the board. In the case of a private postsecondary institution, the institution shall also be approved by the Bureau for Private Postsecondary Education. Proof of graduation shall be submitted directly to the board by the college, other postsecondary institution, or American Association of Veterinary State Boards. and Vocational Education. 
(b) (2)  Education  For purposes of this subdivision, education  or a combination of education and clinical practice experience,  experience may constitute the equivalent of the graduation requirement imposed under this subdivision,  as determined by the board.
(c) Education equivalency certified by the American Association of Veterinary State Boards Program for the Assessment of Veterinary Education Equivalence for Veterinary Technicians. The certificate of education equivalence shall be submitted directly to the board by the American Association of Veterinary State Boards.

SEC. 4.

 Section 4875.1 is added to the Business and Professions Code, to read:

4875.1.
 (a) In order to ensure that its resources are maximized for the protection of the public, the board shall prioritize its investigative and prosecutorial resources to ensure that veterinarians and registered veterinary technicians representing the greatest threat of harm are identified and disciplined expeditiously. Cases involving any of the following allegations shall be handled on a priority basis, as follows, with the highest priority being given to cases in paragraph (1):
(1) Negligence or incompetence that involves death or serious bodily injury to an animal patient, such that the veterinarian or registered veterinary technician represents a danger to the public.
(2) Cruelty to animals.
(3) Unlicensed activity in violation of Section 4826.
(4) Drug or alcohol abuse by a veterinarian or registered veterinary technician involving death or serious bodily injury to an animal patient.
(5) Repeated acts of excessive prescribing, furnishing, or administering of controlled substances, or repeated acts of prescribing, dispensing, or furnishing of controlled substances.
(6) Practicing veterinary medicine while under the influence of drugs or alcohol.
(b) The board may prioritize cases involving an allegation of conduct that is not described in subdivision (a). Those cases prioritized shall not be assigned a priority equal to or higher than the priorities established in subdivision (a).
(c) The board shall annually report and make publicly available the number of disciplinary actions that are taken in each priority category specified in subdivisions (a) and (b).

SEC. 5.

 Section 4875.2 of the Business and Professions Code is amended to read:

4875.2.
 If, upon completion of an investigation, the executive officer has probable cause to believe that a veterinarian, a registered veterinary technician,  veterinarian  or an unlicensed person acting as a veterinarian  has violated provisions of this chapter, the executive officer he or she  may issue a citation to the veterinarian, registered veterinary technician,  veterinarian  or unlicensed person, in accordance with Sections 125.9 and 148 and the board’s regulations established pursuant thereto. as provided in this section. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of this chapter alleged to have been violated. In addition, each citation may contain an order of abatement fixing a reasonable time for abatement of the violation and may contain an assessment of a civil penalty. The citation shall be served upon the veterinarian or unlicensed individual personally or by any type of mailing requiring a return receipt. Before any citation may be issued, the executive officer shall submit the alleged violation for review and investigation to at least one designee of the board who is a veterinarian licensed in or employed by the state either full time or part time and who has not been out of practice for more than two years. The review shall include attempts to contact the veterinarian or unlicensed person to discuss and resolve the alleged violation. Upon conclusion of the board designee’s review, the designee shall prepare a finding of fact and a recommendation. If the board designee concludes that probable cause exists that the veterinarian or unlicensed person has violated any provisions of this chapter, a civil citation shall be issued to the veterinarian or unlicensed person. 

SEC. 6.

 Section 4875.3 is added to the Business and Professions Code, to read:

4875.3.
 If the board determines, as a result of its inspection of the premises pursuant to Section 4809.5, or any other place where veterinary medicine, veterinary dentistry, veterinary surgery, or the various branches thereof is practiced, or that is otherwise in the possession of a veterinarian for purpose of that practice, that it is not in compliance with the standards established by the board, the board shall provide a notice of any deficiencies and provide a reasonable time for compliance with those standards prior to commencing any further action pursuant to this article.

SEC. 6.SEC. 7.

 Section 4875.4 of the Business and Professions Code is amended to read:

4875.4.
 (a) The board shall, in the manner prescribed in Section 4808, adopt regulations covering the assessment of civil penalties under this article which give due consideration to the appropriateness of the penalty with respect to the following factors:
(1) The gravity of the violation, including, but not limited to, whether the violation is minor.
(2) The good faith of the person being charged.
(3) The history of previous violations.
(b) In no event shall the civil penalty for each citation issued be assessed in an amount greater than five thousand dollars ($5,000).
(c) Regulations adopted by the board shall be pursuant to the procedures for citations and fines in accordance with Section 125.9.