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AB-1535 Veterinary Medical Board: application and examination: discipline and citation.(2021-2022)

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Date Published: 04/20/2021 09:00 PM
AB1535:v98#DOCUMENT

Amended  IN  Assembly  April 20, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1535


Introduced by Committee on Business and Professions

February 19, 2021


An act to amend Sections 4800, 4804.5, and 4841.4 of 4830, 4841.4, 4842.5, 4848.1, 4853, 4853.6, 4861, 4873, 4875.2, 4883, 4905 of, and to repeal Sections 4847, 4848, 4848.3, and 4849 of, and to repeal and add Sections 4846 and 4875.6 of, and to add Sections 4847.1 and 4854.1 to, the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 1535, as amended, Committee on Business and Professions. Veterinary Medical Board. Board: application and examination: discipline and citation.

Existing

(1) Existing law, the Veterinary Medicine Practice Act, provides for the licensure and registration of veterinarians and the regulation of the practice of veterinary medicine by the Veterinary Medical Board in the Department of Consumer Affairs. Existing law makes it a misdemeanor for any person to violate or aid or abet in the violation of the act. Under the act, the repeal of the provision establishing the board renders the board subject to review by the appropriate policy committees of the Legislature. The act restricts the review to those issues identified by the appropriate policy committees of the Legislature and prohibits that review from involving the preparation or submission of a sunset review document or evaluative questionnaire. The act authorizes the board to appoint a person exempt from civil service as an executive officer with prescribed powers and duties. Existing
This bill would remove the prohibition on a sunset review document or evaluative questionnaire.
(2) Existing law requires the board, by means of examination, to determine the professional qualifications of all applicants who wish to register as veterinary technicians in California. The act requires that examination to consist of a national licensing examination and an examination specific to the animal health care tasks limited to California registered veterinary technicians, as approved by the board.
The bill would remove the prohibition on a sunset review document or evaluative questionnaire. The bill would make nonsubstantive changes to the executive officer provision. The bill would limit the examination for veterinary technicians to a national licensing examination.
(3) Existing law requires the board, by means of examination, to ascertain the professional qualifications of all applicants for licenses to practice veterinary medicine in California. The act requires that examination to consist of a licensing examination that is administered on a national basis, a California state board examination, and an examination concerning the act and regulations administered by the board pursuant thereto. For purposes of reciprocity, the act provides an alternative licensing procedure in lieu of examination, that requires, among other things, that an applicant hold a current valid license in good standing in another state, Canadian province, or United States territory. Existing law requires the board to issue a temporary license valid for one year to an applicant accepted into a qualifying internship or residency program under specified conditions.
This bill would revise and recast the examination and application requirements for applicants for veterinarian licenses to eliminate the California state board examination and to require, among other things, all applicants to disclose each state, Canadian province, or United States territory in which the applicant currently holds or has ever held a license to practice veterinary medicine, as provided. The bill would delete the above-described provision requiring the board to issue a temporary license.
This bill would require an application to be considered abandoned and the application fee forfeited if an applicant fails to complete their application within one year after it has been filed. The bill would require an applicant to notify the board of any changes in mailing or employment address that occurred after filing the application.
(4) Existing law requires all premises where veterinary medicine is being practiced to be registered with the board and requires every application for registration of veterinary premises to set forth the name of the responsible licensee manager who is to act for and on behalf of the licensed premises.
This bill would specify that the owner or operator of a veterinary premises is required to submit a premises registration application to the board and would require the application to set forth the name of each owner or operator of the premises, including the type of corporate entity, if applicable, and the name of the premises, in addition to the name of the responsible licensee manager. The bill would require an operator or owner that is a veterinary corporation, as specified, or a corporation or other artificial legal entity to set forth in the application the names and titles of officers, directors, shareholders, and others, and to report any changes to the board within 30 days. The bill would provide that the premises registration is nontransferrable.
Existing law requires the board to withhold, suspend, or revoke the registration of a veterinary premises under specified circumstances, including when the licensee manager ceases to become responsible for management of the registered premises and no substitution has been made by application.
This bill would additionally require the board to deny, suspend, or revoke registration of the veterinary premises if a premises registration holder who is not licensed under the act to practice veterinary medicine has practiced or influenced or exerted control over the provision of veterinary medicine.
This bill would prohibit a premises registration holder who is not a California-licensed veterinarian from interfering with, controlling, or otherwise directing the professional judgment of any California-licensed veterinarian or registered veterinary technician.
(5) Existing law authorizes the board to establish one or more diversion evaluation committees to identify and rehabilitate veterinarians and registered veterinary technicians with impairment due to abuse of dangerous drugs or alcohol, affecting competency. Existing law requires the board to charge each veterinarian and registered veterinary technician who is accepted to participate in the diversion program a registration fee to be set by the board in an amount not to exceed $4,000, as provided.
This bill would authorize the board president to suspend any diversion evaluation committee member pending an investigation into allegations of existing alcohol or drug addiction and, after investigation, to remove them, as specified. The bill would delete the $4,000 limit on the diversion program registration fee and would instead require the board to charge a registration fee and reasonable administrative fees.
(6) Existing law authorizes the board to deny, revoke, or suspend a license or registration or to assess a fine for, among other things, false or misleading advertising and fraud, deception, negligence, or incompetence in the practice of veterinary medicine.
This bill would additionally authorize the board to deny, revoke, or suspend a license or registration or to assess a fine for, among other things, making any statement, claim, or advertisement that the licensee or registrant is a veterinary specialist or board certified unless the licensee or registrant is certified, as specified.
(7) Existing law prescribes the process by which the executive officer may issue a citation to a veterinarian, registered veterinary technician, or unlicensed person acting as a veterinarian or a registered veterinary technician. Under the act, before a citation can be issued, the executive officer is required to 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. The act requires the designee to prepare a finding of fact and a recommendation upon conclusion of their review.
This bill would delete the process prescribed by the act and would instead authorize the executive officer to issue citations in accordance with provisions of law that authorize any board within the Department of Consumer Affairs to establish, by regulation, a system for the issuance of a citation to a licensee, which may contain an order of abatement or an order to pay an administrative fine assessed by the board, if the licensee is in violation of the applicable law.
Existing law prescribes the process by which a veterinarian, a registered veterinary technician, or an unlicensed person can administratively contest a civil citation or the proposed assessment of a civil penalty therefor. Existing law requires the cited person, within 10 business days after receipt of the citation, to notify the executive officer in writing of their request for an informal conference and requires the executive officer or their designee to hold an informal conference within 60 days after receiving the request.
This bill would revise and recast the procedure for contesting a violation under the act to, among other things, permit the cited person to request an informal conference within 30 days and authorize the executive officer or their designee to extend for good cause the 60-day period during which they are required to hold an informal conference. The bill would prohibit a cited person from requesting an informal conference for a citation that was affirmed or modified following an informal conference.
(8) This bill would make other conforming and nonsubstantive changes, including replacing gendered terms with nongendered terms, updating cross-references, and deleting obsolete provisions.
(9) Because this bill would create new requirements within the Veterinary Medicine Practice Act, the violation of which would be a crime, the 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4800 of the Business and Professions Code is amended to read:

4800.
 (a) There is in the Department of Consumer Affairs a Veterinary Medical Board in which the administration of this chapter is vested. The board shall consist of the following eight members:
(1) Four licensed veterinarians.
(2) One registered veterinary technician.
(3) Three public members.
(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. However, the review of the board shall be limited to those issues identified by the appropriate policy committees of the Legislature and shall involve the preparation or submission of a sunset review document or evaluative questionnaire.

SEC. 2.

 Section 4804.5 of the Business and Professions Code is amended to read:

4804.5.
 (a) The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in them by this chapter.
(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 3.

 Section 4830 of the Business and Professions Code is amended to read:

4830.
 (a) This chapter does not apply to:
(1) Veterinarians while serving in any armed branch of the military service of the United States or the United States Department of Agriculture while actually engaged and employed in their official capacity.
(2) Veterinarians holding a current, valid license in good standing in another state or country who provide assistance to a California-licensed veterinarian and attend on a specific case. The California-licensed veterinarian shall maintain a valid veterinarian-client-patient relationship. The veterinarian providing the assistance shall not establish a veterinarian-client-patient relationship with the client by attending the case or at a future time and shall not practice veterinary medicine, open an office, appoint a place to meet patients, communicate with clients who reside within the limits of this state, give orders, or have ultimate authority over the care or primary diagnosis of a patient that is located within this state.
(3) Veterinarians called into the state by a law enforcement agency or animal control agency pursuant to subdivision (b).
(4) A student of a veterinary medical program accredited by the American Veterinary Medical Association Council on Education who participates as part of his or her the student’s formal curriculum in the diagnosis and treatment with direct supervision, supervision by a California-licensed veterinarian, or in surgery with immediate supervision, supervision by a California-licensed veterinarian, provided all of the following requirements are met:
(A) The clinical training site has been approved by the university where the student is enrolled.
(B) The student has prior training in diagnosis, treatment, and surgery as part of the formal curriculum.

(C)The student is being supervised by a California-licensed veterinarian in good standing, as that term is defined in paragraph (1) of subdivision (b) of Section 4848.

(5) A veterinarian who is employed by the Meat and Poultry Inspection Branch of the California Department of Food and Agriculture while actually engaged and employed in his or her the veterinarian’s official capacity. A person exempt under this paragraph shall not otherwise engage in the practice of veterinary medicine unless he or she the person is issued a license by the board.
(6) Unlicensed personnel employed by the Department of Food and Agriculture or the United States Department of Agriculture when in the course of their duties they are directed by a veterinarian supervisor to conduct an examination, obtain biological specimens, apply biological tests, or administer medications or biological products as part of government disease or condition monitoring, investigation, control, or eradication activities.
(b) (1) For purposes of paragraph (3) of subdivision (a), a regularly licensed veterinarian in good standing who is called from another state by a law enforcement agency or animal control agency, as defined in Section 31606 of the Food and Agricultural Code, to attend to cases that are a part of an investigation of an alleged violation of federal or state animal fighting or animal cruelty laws within a single geographic location shall be exempt from the licensing requirements of this chapter if the law enforcement agency or animal control agency determines that it is necessary to call the veterinarian in order for the agency or officer to conduct the investigation in a timely, efficient, and effective manner. In determining whether it is necessary to call a veterinarian from another state, consideration shall be given to the availability of veterinarians in this state to attend to these cases. An agency, department, or officer that calls a veterinarian pursuant to this subdivision shall notify the board of the investigation.
(2) Notwithstanding any other provision of this chapter, a regularly licensed veterinarian in good standing who is called from another state to attend to cases that are a part of an investigation described in paragraph (1) may provide veterinary medical care for animals that are affected by the investigation with a temporary shelter facility, and the temporary shelter facility shall be exempt from the registration requirement of Section 4853 if all of the following conditions are met:
(A) The temporary shelter facility is established only for the purpose of the investigation.
(B) The temporary shelter facility provides veterinary medical care, shelter, food, and water only to animals that are affected by the investigation.
(C) The temporary shelter facility complies with Section 4854.
(D) The temporary shelter facility exists for not more than 60 days, unless the law enforcement agency or animal control agency determines that a longer period of time is necessary to complete the investigation.
(E) Within 30 calendar days upon completion of the provision of veterinary health care services at a temporary shelter facility established pursuant to this section, the veterinarian called from another state by a law enforcement agency or animal control agency to attend to a case shall file a report with the board. The report shall contain the date, place, type, and general description of the care provided, along with a listing of the veterinary health care practitioners who participated in providing that care.
(c) For purposes of paragraph (3) of subdivision (a), the board may inspect temporary facilities established pursuant to this section.

SEC. 3.SEC. 4.

 Section 4841.4 of the Business and Professions Code is amended to read:

4841.4.
 (a)  The board, by means of examination, shall determine the professional qualifications of all applicants who wish to register as veterinary technicians in California. A registration shall not be issued to anyone who has not demonstrated their competency by examination.
(b) Subject to subdivision (d), the examination for veterinary technicians shall consist of a national licensing examination.
(c) 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.
(d) The national licensing examination shall be implemented upon availability of the computerized examination on or after January 1, 2011.

SEC. 5.

 Section 4842.5 of the Business and Professions Code is amended to read:

4842.5.
 The amount of fees prescribed by this article is that fixed by the following schedule:

(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 purposes of this chapter, not to exceed three hundred fifty dollars ($350).

(b)

(a) The fee for the California registered veterinary technician examination shall be set by the board in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purposes of this chapter, not to exceed three hundred dollars ($300).

(c)

(b) The initial registration fee shall be set by the board at not more than three hundred fifty dollars ($350), 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 more than one hundred seventy-five dollars ($175). The board may adopt regulations to provide for the waiver or refund of the initial registration fee where the registration is issued less than 45 days before the date on which it will expire.

(d)

(c) The biennial renewal fee shall be set by the board at not more than three hundred fifty dollars ($350).

(e)

(d) The delinquency fee shall be set by the board at not more than fifty dollars ($50).

(f)

(e) Any charge made for duplication or other services shall be set at the cost of rendering the services.

(g)

(f) The fee for filing an application for approval of a school or institution offering a curriculum for training registered veterinary technicians pursuant to Section 4843 shall be set by the board at an amount not to exceed three hundred dollars ($300). The school or institution shall also pay for the actual costs of an onsite inspection conducted by the board pursuant to Section 2065.6 of Title 16 of the California Code of Regulations, including, but not limited to, the travel, food, and lodging expenses incurred by an inspection team sent by the board.

(h)

(g) The fee for failure to report a change in the mailing address is twenty-five dollars ($25).

SEC. 6.

 Section 4846 of the Business and Professions Code is repealed.
4846.

Applications for a license shall be upon a form furnished by the board and, in addition, shall be accompanied by a diploma or other verification of graduation from a veterinary college recognized by the board.

SEC. 7.

 Section 4846 is added to the Business and Professions Code, to read:

4846.
 (a) In order to obtain a license to practice veterinary medicine in California, an individual shall meet the following requirements:
(1) Graduate from a veterinary college recognized by the board or receive a certificate from the Educational Commission for Foreign Veterinary Graduates (ECFVG) or the Program for the Assessment of Veterinary Education Equivalence (PAVE). Proof of graduation must be directly submitted to the board by the veterinary college or from the American Association of Veterinary State Boards (AAVSB). Proof of certificate must be directly submitted to the board by ECFVG or PAVE.
(2) Complete a board-approved license application.
(3) Pay the applicable fees specified in Section 4905.
(4) Submit a full set of fingerprints for the purpose of conducting a criminal history record check and undergo a state and federal criminal offender record information search conducted through the Department of Justice, pursuant to Section 144.
(5) Pass an examination consisting of the following:
(A) A licensing examination that is administered on a national basis. If the applicant passed the national licensing examination over five years from the date of submitting the California Veterinarian license application, the applicant shall satisfy one of the following:
(i) Retake and pass the national licensing examination.
(ii) Submit proof of having practiced clinical veterinary medicine for a minimum of two years and completed a minimum of 2,500 hours of clinical practice in another state, Canadian province, or United States territory within the three years immediately preceding filing an application for licensure in this state.
(iii) Complete the minimum continuing education requirements of Section 4846.5 for the current and preceding year.
(B) A veterinary law examination administered by the board concerning the Veterinary Medicine Practice Act statutes and regulations. The examination may be administered by regular mail, email, or by other electronic means. The applicant shall certify that the applicant personally completed the examination. Any false statement is a violation subject to Section 4831. Every applicant who obtains a score of at least 80% on the veterinary law examination shall be deemed to have passed. University of California and Western University of Health Sciences veterinary medical students who have successfully completed a board-approved course on veterinary law and ethics covering the Veterinary Medicine Practice Act shall be exempt from this subparagraph.
(b) The applicant shall disclose each state, Canadian province, or United States territory in which the applicant currently holds or has ever held a license to practice veterinary medicine. License verification, including any disciplinary or enforcement history, must be directly submitted to the board from each state, Canadian province, or United States territory.
(c) A veterinarian license application shall be subject to denial pursuant to Sections 480, 4875, and 4883.

SEC. 8.

 Section 4847 of the Business and Professions Code is repealed.
4847.

The board shall number consecutively all applications received, note upon each the disposition made of it, and preserve the same for reference.

SEC. 9.

 Section 4847.1 is added to the Business and Professions Code, to read:

4847.1.
 (a) If an applicant fails to complete their application within one year after it has been filed, the application shall be considered abandoned and the application fee forfeited.
(b) An application submitted subsequent to the abandonment of the former application shall be treated as a new application.
(c) An applicant shall notify the board of any changes in mailing or employment address that occur after filing the application.

SEC. 10.

 Section 4848 of the Business and Professions Code is repealed.
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 regular mail, email, or by both regular mail and email, 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 and Western University of Health Sciences veterinary medical students who have successfully completed a board-approved course on veterinary law and ethics covering the 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)For purposes of reciprocity, the board shall waive the examination requirements of subdivision (a), and issue a license to an applicant to practice veterinary medicine 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, within three years immediately preceding filing an application for licensure in this state, has practiced clinical veterinary medicine for a minimum of two years and completed a minimum of 2,944 hours of clinical practice. 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 been 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 or alcohol, and 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) or the Program for the Assessment of Veterinary Education Equivalence (PAVE).

(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 completes an approved educational curriculum on regionally specific and important diseases and conditions. 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 approved curriculum may be offered by multiple providers so that it is widely accessible to candidates licensed under this subdivision.

(c)The board shall issue a temporary license valid for one year to an applicant to practice veterinary medicine under the supervision of another California-licensed veterinarian in good standing if the applicant satisfies all of the following requirements:

(1)The applicant meets the requirements of paragraphs (1) to (4), inclusive, of subdivision (b).

(2)The applicant would not be denied issuance of a license under any other provision of this chapter.

(3)The applicant agrees to complete the approved educational curriculum described in paragraph (5) of subdivision (b) on regionally specific and important diseases and conditions during the period of temporary licensure.

(d)Upon completion of the curriculum described in paragraph (5) of subdivision (b), a temporary licensee shall submit an application for full licensure accompanied by verification of completion of that curriculum and all applicable fees.

(e)The board, in its discretion, may extend the expiration date of a temporary license issued pursuant to subdivision (c) for not more than one year for reasons of health, military service, or undue hardship. An application for an extension shall be submitted on a form provided by the board.

SEC. 11.

 Section 4848.1 of the Business and Professions Code is amended to read:

4848.1.
 (a) A veterinarian engaged in the practice of veterinary medicine, as defined in Section 4826, employed by the University of California and engaged in the performance of duties in connection with the School of Veterinary Medicine or employed by the Western University of Health Sciences and engaged in the performance of duties in connection with the College of Veterinary Medicine shall be issued a university license pursuant to this section or hold a license to practice veterinary medicine in this state.
(b) An individual may apply for and be issued a university license if all of the following are satisfied:
(1) He or she The applicant is currently employed by the University of California or Western University of Health Sciences, as defined in subdivision (a).
(2) He or she 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) of Section 4848.

(3)He or she successfully completes the approved educational curriculum described in paragraph (5) of subdivision (b) of Section 4848 on regionally specific and important diseases and conditions.

(4)He or she

(3) The applicant completes and submits the application specified by the board and pays the application fee, pursuant to subdivision (g) of Section 4905, and the initial license fee, pursuant to subdivision (h) of Section 4905.
(c) A university license:

(1)Shall be numbered as described in Section 4847.

(2)

(1) Shall automatically cease to be valid upon termination or cessation of employment by the University of California or by the Western University of Health Sciences.

(3)

(2) Shall be subject to the license renewal provisions in Section 4846.4 and the payment of the renewal fee pursuant to subdivision (i) of Section 4905.

(4)

(3) Shall be subject to denial, revocation, or suspension pursuant to Sections 480, 4875, and 4883.

(5)

(4) Authorizes the holder to practice veterinary medicine only at an educational institution described in subdivision (a) and any locations formally affiliated with those institutions.
(d) An individual who holds a university license is exempt from satisfying the license renewal requirements of Section 4846.5.

SEC. 12.

 Section 4848.3 of the Business and Professions Code is repealed.
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 or the Program for the Assessment of Veterinary Education Equivalency, 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.

(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. 13.

 Section 4849 of the Business and Professions Code is repealed.
4849.

The state board examination shall be given at least twice each year. It shall include all the subjects that are ordinarily included in the curricula of veterinary colleges in good standing and may include any other subjects that the board may by rule authorize and direct.

SEC. 14.

 Section 4853 of the Business and Professions Code is amended to read:

4853.
 (a) All premises where veterinary medicine, veterinary dentistry, veterinary surgery, and the various branches thereof is being practiced veterinary premises shall be registered with the board. The certificate of registration shall be on a form prescribed in accordance with Section 164.
(b) “Premises” for the purpose of this chapter shall mean the location of operation where veterinary medicine, veterinary dentistry, veterinary surgery, and the various branches thereof is being practiced and shall include a building, kennel, mobile unit, or vehicle. Mobile units and vehicles shall be exempted from independent registration with the board when they are operated from a building or facility which is the licensee manager’s principal place of business and the building is registered with the board, and the registration identifies and declares the use of the mobile unit or vehicle.
(c) Every application for registration of veterinary premises The owner or operator of a veterinary premises shall submit a premises registration application to the board. The application shall set forth in the application the name of each owner or operator of the premises, including the type of corporate entity, if applicable, the name of the premises, and the name of the responsible licensee manager who is to act for and on behalf of the licensed registered premises. Substitution of the responsible licensee manager may be accomplished by application to the board if the following conditions are met:
(1) The person substituted qualifies by presenting satisfactory evidence that he or she the person possesses a valid, unexpired, and unrevoked license as provided by this chapter and that the license is not currently under suspension.
(2) No circumvention of the law is contemplated by the substitution.
(d) If the owner or operator of a veterinary premises is a veterinary corporation practicing pursuant to Article 6 (commencing with Section 4910), the application shall set forth the names and titles of each officer, director, or shareholder. Any changes in the officers, directors, or shareholders shall be reported to the board within 30 days.
(e) If the owner or operator of a veterinary premises is a corporation or other artificial legal entity other than a veterinary corporation as provided under subdivision (d), the application shall set forth the names and titles of all owners, officers, general partners, if any, and the agent for service of process. Any changes in the owners, officers, general partners, or agent for service of process shall be reported to the board within 30 days.
(f) The premises registration is nontransferrable. In the event of change of an owner or operator of the premises, the premises registration holder shall notify the board of the change within 30 days after any such change.
(g) This section does not authorize any person, corporation, or artificial legal entity, other than a California-licensed veterinarian or a veterinary corporation practicing pursuant to Article 6 (commencing with Section 4910) and the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), to furnish to any person or animal patient any veterinary services, diagnosis, or treatment within the scope of California veterinarian licensure under this chapter. This section does not authorize any person, other than a California-licensed veterinarian within the scope of their license, to engage directly or indirectly in the practice of veterinary medicine, veterinary surgery, veterinary dentistry, and the various branches thereof in accordance with Section 4826. This section does not regulate, govern, or affect in any manner the practice of veterinary medicine, veterinary surgery, or veterinary dentistry by any person duly licensed to engage in such practice.

SEC. 15.

 Section 4853.6 of the Business and Professions Code is amended to read:

4853.6.
 (a) The board shall withhold, suspend deny, suspend, or revoke registration of a veterinary premises: premises if any of the following occur:

(a)When the

(1) The licensee manager set forth in the application in accordance with Section 4853 ceases to become responsible for management of the registered premises and no substitution of the responsible licensee manager has been made by application as provided for in Section 4853.

(b)When

(2) The premises registration holder or the licensee manager has, under proceedings conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the license to practice veterinary medicine, surgery, and dentistry revoked or suspended.
(3) Unless licensed pursuant to Section 4825, the premises registration holder has practiced, influenced, or exerted control over the provision of veterinary medicine, veterinary dentistry, veterinary surgery, and the various branches thereof.
(b) The board shall not renew the premises registration if there is no licensee manager associated with the premises.
(c) The board may deny, suspend, or revoke registration of the veterinary premises for unlicensed practice of veterinary medicine, veterinary dentistry, veterinary surgery, and the various branches thereof by the premises registration holder.

SEC. 16.

 Section 4854.1 is added to the Business and Professions Code, to read:

4854.1.
 A premises registration holder who is not a California-licensed veterinarian pursuant to Section 4825 shall not interfere with, control, or otherwise direct the professional judgment of any California licensed veterinarian or registered veterinary technician. The board may require any information, including, but not limited to, employment contracts between the premises registration holder and a California-licensed veterinarian or registered veterinary technician, the board deems is reasonably necessary for the enforcement of this section.

SEC. 17.

 Section 4861 of the Business and Professions Code is amended to read:

4861.
 (a) One or more diversion evaluation committees is hereby authorized to be established by the board. Each diversion evaluation committee shall be composed of five persons appointed by the board.

Each

(b) Each diversion evaluation committee shall have the following composition:

(a)

(1) Three veterinarians licensed under this chapter. The board in making its appointments shall give consideration to recommendations of veterinary associations and local veterinary societies and shall consider, among others, where appropriate, the appointment of veterinarians who have recovered from impairment or who have knowledge and expertise in the management of impairment.

(b)

(2) Two public members.

Each

(c) Each person appointed to a diversion evaluation committee shall have experience or knowledge in the evaluation or management of persons who are impaired due to alchohol alcohol or drug abuse.

It

(d) It shall require the majority vote of the board to appoint a person to a diversion evaluation committee. Each appointment shall be at the pleasure of the board for a term not to exceed four years. In its discretion the board may stagger the terms of the initial members appointed.
(e) The board president may suspend any diversion evaluation committee member pending an investigation into allegations of existing alcohol or drug addiction. If, after investigation, there is evidence of an alcohol or drug addiction relapse, the board president shall have authorized discretion to remove the member without input from the board.

The

(f) The board may appoint a program director and other personnel as necessary to carry out provisions of this article.

SEC. 18.

 Section 4873 of the Business and Professions Code is amended to read:

4873.
 The board shall charge each veterinarian and registered veterinary technician who is accepted to participate in the diversion program a diversion program registration fee. The diversion program registration fee shall be set by the board in an amount not to exceed four thousand dollars ($4,000). In the event that the diversion program registration exceeds five hundred dollars ($500), the board may provide for quarterly payments. fee and reasonable administrative fees.

SEC. 19.

 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, or an unlicensed person acting as a veterinarian or a registered veterinary technician has violated provisions of this chapter, he or she the executive officer may issue a citation to the veterinarian, registered veterinary technician, or unlicensed person, 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, registered veterinary technician, 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. The review shall include attempts to contact the veterinarian, registered veterinary technician, 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, registered veterinary technician, or unlicensed person has violated any provisions of this chapter, a civil citation shall be issued to the veterinarian, registered veterinary technician, or unlicensed person. in accordance with Sections 125.9 and 148 and the board’s regulations established pursuant thereto.

SEC. 20.

 Section 4875.6 of the Business and Professions Code is repealed.
4875.6.

(a)If a veterinarian, a registered veterinary technician, or an unlicensed person desires to administratively contest a civil citation or the proposed assessment of a civil penalty therefor, he or she shall, within 10 business days after receipt of the citation, notify the executive officer in writing of his or her request for an informal conference with the executive officer or his or her designee. The executive officer or his or her designee shall hold, within 60 days from the receipt of the request, an informal conference. At the conclusion of the informal conference, the executive officer may affirm, modify, or dismiss the citation or proposed assessment of a civil penalty, and he or she shall state with particularity in writing his or her reasons for the action, and shall immediately transmit a copy thereof to the board, the veterinarian, registered veterinary technician, or unlicensed person, and the person who submitted the verified complaint. If the veterinarian, registered veterinary technician, or unlicensed person desires to administratively contest under subdivision (c) a decision made after the informal conference, he or she shall inform the executive officer in writing within 30 calendar days after he or she receives the decision resulting from the informal conference.

If the veterinarian, registered veterinary technician, or unlicensed person fails to notify the executive officer in writing that he or she intends to contest the citation or the proposed assessment of a civil penalty therefor or the decision made after an informal conference within the time specified in this subdivision, the citation or the proposed assessment of a civil penalty or the decision made after an informal conference shall be deemed a final order of the board and shall not be subject to further administrative review.

Notwithstanding any other provision of law, where a fine is paid to satisfy an assessment based on the finding of a violation, payment of the fine shall be represented as satisfactory resolution of the matter for purposes of public disclosure.

(b)A veterinarian, a registered veterinary technician, or an unlicensed person may, in lieu of contesting a citation pursuant to this section, transmit to the board the amount assessed in the citation as a civil penalty, within 10 business days after receipt of the citation. An unlicensed person may notify the board and file a petition for a writ of administrative mandamus under Section 1094.5 of the Code of Civil Procedure within 30 calendar days after receipt of the citation, without engaging in an informal conference or administrative hearing. If a petition is not filed pursuant to this section, payment of any fine shall not constitute an admission of the violation charged.

(c)If a veterinarian, a registered veterinary technician, or an unlicensed person has notified the executive officer that he or she intends to administratively contest the decision made after the informal conference, the executive officer shall forward the matter to the Attorney General’s office who shall prepare a notice of appeal of the citation and civil penalty. After the hearing, the board and administrative law judge shall issue a decision, based on findings of fact, affirming, modifying, or vacating the citation, or directing other appropriate relief that shall include, but need not be limited to, a notice that the failure of a veterinarian, registered veterinary technician, or unlicensed person to comply with any provision of the board’s decision constitutes grounds for suspension or denial of licensure, or both, or suspension or denial of registration, or both. The administrative proceedings under this section shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), and the board shall have all the powers granted therein.

(d)After the exhaustion of the review procedures provided for in this section or if the time for all appeals has passed, the board may bring an action in the appropriate court in the county in which the offense occurred to recover the civil penalty and obtain an order compelling the cited person to comply with the order of abatement. In that action, the complaint shall include a certified copy of the final order of the board, together with the factual findings and determinations of the board and administrative law judge. The findings shall be prima facie evidence of the facts stated therein, and in the absence of contrary evidence may serve as the basis for the issuance of the judgment and order.

(e)Failure of a licensee or registrant to pay a civil penalty within 30 days of the date of receipt of the assessment, unless the citation is being appealed, may result in disciplinary action being taken by the board. When a citation is not contested and a civil penalty is not paid, the full amount of the assessed civil penalty shall be added to the fee for renewal of the license or registration. A license or registration shall not be renewed without payment of the renewal fee and civil penalty.

(f)Any civil penalties received under this chapter shall be deposited in the Veterinary Medical Board Contingent Fund.

SEC. 21.

 Section 4875.6 is added to the Business and Professions Code, to read:

4875.6.
 (a) In addition to requesting an administrative hearing as provided for in paragraph (4) of subdivision (b) of Section 125.9, the cited person may request an informal conference to review the acts shared in the citation. The cited person shall make the request for an informal conference in writing, within 30 days of the date of issuance of the citation, to the executive officer.
(b) The executive officer or their designee shall hold, within 60 days from the receipt of the request, an informal conference with the cited person. The executive officer or their designee may extend the 60-day period for good cause.
(c) Following the informal conference, the executive officer or their designee may affirm, modify, or dismiss the citation, including any fine that is levied, order of abatement, or order of correction issued. The executive officer or their designee shall state in writing the reasons for the action and transmit a copy of those findings to the cited person within 30 days after the informal conference.
(d) If the citation, including any fine that is levied, order of abatement, or order of correction, is affirmed or modified following the informal conference, the respondent may make a request in writing to the executive officer within 30 days of the affirmed or modified citation, for a formal hearing, which shall be conducted as provided in paragraph (4) of subdivision (b) of Section 125.9.
(e) A cited person shall not request an informal conference for a citation that has been affirmed or modified following an informal conference.

SEC. 22.

 Section 4883 of the Business and Professions Code is amended to read:

4883.
 The board may deny, revoke, or suspend a license or registration or assess a fine as provided in Section 4875 for any of the following:
(a) Conviction of a crime substantially related to the qualifications, functions, or duties of veterinary medicine, surgery, or dentistry, in which case the record of the conviction shall be conclusive evidence.
(b) For having professional connection with, or lending the licensee’s or registrant’s name to, any illegal practitioner of veterinary medicine and the various branches thereof.
(c) Violation or attempting to violate, directly or indirectly, any of the provisions of this chapter.
(d) Fraud or dishonesty in applying, treating, or reporting on tuberculin or other biological tests.
(e) Employment of anyone but a veterinarian licensed in the state to demonstrate the use of biologics in the treatment of animals.
(f) False or misleading advertising.
(g) Unprofessional conduct, that includes, but is not limited to, the following:
(1) Conviction of a charge of violating any federal statutes or rules or any statute or rule of this state regulating dangerous drugs or controlled substances. The record of the conviction is conclusive evidence thereof. A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The board may order the license or registration to be suspended or revoked, or assess a fine, or decline to issue a license or registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4, 1210.1, or 3063.1 of the Penal Code allowing the person to withdraw his or her a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(2) (A) The use of or of, or prescribing for or administering to himself or herself, oneself, any controlled substance.
(B) The use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages to the extent, or in any manner as to be dangerous or injurious to a person licensed or registered under this chapter, or to any other person or to the public, or to the extent that the use impairs the ability of the person so licensed or registered to conduct with safety the practice authorized by the license or registration.
(C) The conviction of more than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section or any combination thereof, and the record of the conviction is conclusive evidence.
A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The board may order the license or registration to be suspended or revoked or assess a fine, or may decline to issue a license or registration, when the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending imposition of sentence, irrespective of a subsequent order under Section 1203.4, 1210.1, or 3063.1 of the Penal Code allowing the person to withdraw his or her a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(3) A violation of any federal statute, rule, or regulation or any of the statutes, rules, or regulations of this state regulating dangerous drugs or controlled substances.
(h) Failure to keep the licensee’s or registrant’s premises and all equipment therein in a clean and sanitary condition.
(i) Fraud, deception, negligence, or incompetence in the practice of veterinary medicine.
(j) Aiding or abetting in any acts that are in violation of any of the provisions of this chapter.
(k) The employment of fraud, misrepresentation, or deception in obtaining the license or registration.
(l) The revocation, suspension, or other discipline by another state or territory of a license, certificate, or registration to practice veterinary medicine or as a veterinary technician in that state or territory.
(m) Cruelty to animals, conviction on a charge of cruelty to animals, or both.
(n) Disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of veterinary medicine or the practice of a veterinary technician.
(o) Violation, or the assisting or abetting violation, of any regulations adopted by the board pursuant to this chapter.
(p) Accepting, soliciting, or offering any form of remuneration from or to a cannabis licensee if the veterinarian or his or her the veterinarian’s immediate family have a financial interest with the cannabis licensee. For purposes of this subdivision, the following definitions shall apply:
(1) “Cannabis licensee” shall have the same meaning as “licensee” in Section 26001.
(2) “Financial interest” shall have the same meaning as in Section 650.01.
(q) Discussing medicinal cannabis with a client while the veterinarian is employed by, or has an agreement with, a cannabis licensee. For purposes of this subdivision, “cannabis licensee” shall have the same meaning as “licensee” in Section 26001.
(r) Distributing any form of advertising for cannabis in California.
(s) Making any statement, claim, or advertisement that the licensee or registrant is a veterinary specialist or board certified unless they are certified by an American Veterinary Medical Association-Recognized Veterinary Specialty Organization.
(t) Exercising control over, interfering with, or attempting to influence the professional judgment of another California-licensed veterinarian or registered veterinary technician through coercion, extortion, inducement, collusion, or intimidation through any means, including, but not limited to, compensation, in order to require the other California-licensed veterinarian or registered veterinary technician to perform veterinary services in a manner inconsistent with current veterinary medical practice in this state.

SEC. 23.

 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 three hundred fifty dollars ($350).

(b)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 three hundred fifty dollars ($350).

(c)

(b) The fee for the Veterinary Medicine Practice Act veterinary law 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 one hundred dollars ($100).

(d)

(c) The initial license fee shall be set by the board not to exceed five hundred dollars ($500) 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 not to exceed two hundred fifty dollars ($250). 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.

(e)

(d) 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 five hundred dollars ($500).

(f)

(e) 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 two hundred fifty dollars ($250).

(g)

(f) The fee for filing an application for a university license shall be one hundred twenty-five dollars ($125), which may be revised by the board in regulation but shall not exceed three hundred fifty dollars ($350).

(h)

(g) The initial license fee for a university license shall be two hundred ninety dollars ($290), which may be revised by the board in regulation but shall not exceed five hundred dollars ($500).

(i)

(h) The biennial renewal fee for a university license shall be two hundred ninety dollars ($290), which may be revised by the board in regulation but shall not exceed five hundred dollars ($500).

(j)

(i) The delinquency fee shall be set by the board, not to exceed fifty dollars ($50).

(k)

(j) The fee for issuance of a duplicate license is twenty-five dollars ($25).

(l)

(k) Any charge made for duplication or other services shall be set at the cost of rendering the service, except as specified in subdivision (k). (j).

(m)

(l) The fee for failure to report a change in the mailing address is twenty-five dollars ($25).

(n)

(m) The initial and annual renewal fees for registration of veterinary premises shall be set by the board in an amount not to exceed four hundred dollars ($400) annually.

(o)

(n) 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. 24.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.