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SB-1205 Veterinary medicine.(2007-2008)



Current Version: 04/09/08 - Amended Senate

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SB1205:v97#DOCUMENT

Amended  IN  Senate  April 09, 2008
Amended  IN  Senate  April 01, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Senate Bill
No. 1205

Introduced  by  Senator Aanestad

February 13, 2008

An act to amend Sections 4832, 4841.5, 4875.2, 4875.4, and 4883 and 4875.4 of, and to add Section 4875.1 Sections 4875.1 and 4875.3 to, and to add and repeal Section 4809.8 of, the Business and Professions Code, relating to veterinary medicine.


LEGISLATIVE COUNSEL'S DIGEST


SB 1205, as amended, Aanestad. Veterinary medicine.
Existing law, the Veterinary Medicine Practice Act, provides for the licensure, registration, and regulation of veterinarians and veterinary technicians by the Veterinary Medical Board. Existing law requires the board to adopt a regular inspection program that provides for random, unannounced inspections and authorizes the board to deny, revoke, or suspend a license for various acts, including, but not limited to, unprofessional conduct, as specified inspect at any time a premises in which veterinary medicine, veterinary dentistry, or veterinary surgery is being practiced.
This bill would require the board to appoint a voluntary, advisory multidisciplinary committee to assist, advise, and make recommendations for the establishment implementation of rules and regulations necessary to ensure proper administration and enforcement of the act and would make this provision inoperative on July 1, 2011, and repealed on January 1, 2012. The bill would require the board to prioritize its investigative and prosecutorial resources in a specified manner and to annually report and make publicly available the number of disciplinary actions that are taken in each priority category. The bill would also specify that unprofessional conduct includes incompetence, negligence, or gross negligence in carrying out the usual functions of a licensed veterinarian. The bill would provide that, if the board determines, as a result of inspection, that a premises or place is not in compliance with board standards, the board provide a notice of deficiencies and a reasonable time for complaince prior to commencing further action.
Existing law authorizes the executive officer of the board to, upon completion of an investigation, issue a citation to a veterinarian or unlicensed person for violations of the act, as specified. Existing law requires that, before issuing a citation, the executive officer 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. Existing law provides that a citation may contain a civil penalty in certain circumstances and authorizes requires the board to adopt regulations covering the assessment of civil penalties which give due consideration to the appropriateness of the penalty with respect to various factors, including, but not limited to, the gravity of the violation.
This bill would require that consideration of the gravity of the violation include a consideration of the extent to which a minor deviation from the standard of care occurred whether the violation is minor. The bill would require that, before the issuance of a citation, the alleged violation be submitted to at least one designee of the board who is a current, practicing veterinarian licensed in or employed by the state, as specified. The bill would also authorize a citation to contain an assessment of a civil penalty upon the cited person’s failure to comply with the citation after the time period allotted for compliance has expired in all cases.
Existing law requires the board to establish an advisory committee on issues pertaining to the practice of registered veterinary technicians and vests that committee with various powers and duties. Existing law authorizes the board to remove a member of the committee for continued neglect of a duty, for incompetency, or for unprofessional conduct.
This bill would require that the committee consist of 3 5 registered veterinary technicians to be appointed by the board commencing January 1, 2009. The bill would specify the term length and term limit for committee members, would limit the number of times the committee may meet each year, and would enact other related provisions.
Existing law requires that an applicant for registration as a veterinary technician furnish satisfactory evidence of graduation from a 2-year curriculum in veterinary technology in a college or postsecondary institution approved by the board. Alternatively, existing law authorizes an applicant to furnish satisfactory evidence of the equivalent of that requirement as determined by the board.
This bill would specify that education or a combination of education and clinical practice experience may constitute the equivalent of that requirement, as determined by the board.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


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 establishment implementation of rules and regulations necessary to ensure proper administration and enforcement of this chapter. Appointments Members of the committee shall be made appointed from lists of nominees solicited by the board and shall provide adequate and proper representation of all persons affected by this chapter. Subcommittees of the committee may be appointed, consisting of committee members and consultants having particular knowledge in a subject area, for the purpose of making recommendations to the board for consideration in the establishment of rules and regulations pertaining to inspections conducted pursuant to Sections 4809.5 and 4809.7. The board shall determine the terms of office of the members of the committee and its subcommittees..
(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 three 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 who 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 be eligible to take the written and practical examination for registration as a registered veterinary technician, the applicant shall:
(a) Be at least 18 years of age.
(b) (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 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 and Vocational Education.
(2) For purposes of this subdivision, education or a combination of education and clinical practice experience may constitute the equivalent of the graduation requirement imposed under this subdivision, as determined by the board.

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 the first paragraph paragraph (1):

(1)Gross negligence, negligence, incompetence, or repeated negligent acts that involve

(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.

(2)

(4) Drug or alcohol abuse by a veterinarian or registered veterinary technician involving death or serious bodily injury to an animal patient.

(3)

(5) Repeated acts of clearly excessive prescribing, furnishing, or administering of controlled substances, or repeated acts of prescribing, dispensing, or furnishing of controlled substances without having first established a veterinarian-client-patient relationship pursuant to Section 2032.1 of Title 16 of the California Code of Regulations..

(4)

(6) Practicing veterinary medicine while under the influence of drugs or alcohol.

(5)Unlicensed activity.

(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 or an unlicensed person acting as a veterinarian has violated provisions of this chapter, he or she may issue a citation to the veterinarian 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 upon the cited person’s failure to comply with the terms of the citation after the time period allotted for compliance has expired 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 current, practicing 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, the extent to which a minor deviation from the standard of care occurred. 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.

SEC. 7. Section 4883 of the Business and Professions Code is amended to read:
4883.

The board may deny, revoke, or suspend a license 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 one’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 suspended or revoked, or assess a fine, or decline to issue a license, 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 of the Penal Code allowing the person to withdraw his or her 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 prescribing for or administering to himself or herself, 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 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 to conduct with safety the practice authorized by the license.

(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 suspended or revoked or assess a fine, or may decline to issue a license, 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 of the Penal Code allowing the person to withdraw his or her 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.

(4)Gross negligence, negligence, or incompetence in carrying out his or her usual functions.

(h)Failure to keep one’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.

(l)The revocation, suspension, or other discipline by another state or territory of a license or certificate to practice veterinary medicine 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.

(o)Violation, or the assisting or abetting violation, of any regulations adopted by the board pursuant to this chapter.