BILL NUMBER: SB 307 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 24, 2013
INTRODUCED BY Senator Price
FEBRUARY 15, 2013
An act to amend Sections 4800 and 4800,
4804.5 , 4809.5, 4809.7, 4809.8, and 4836.1 of the
Business and Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 307, as amended, Price. Healing arts: Veterinary Medical Board.
Existing
(1) Existing law, the Veterinary
Medicine Practice Act, provides for the licensure and registration of
veterinarians and registered veterinary technicians and the
regulation of the practice of veterinary medicine by the Veterinary
Medical Board. Under existing law, the board consists of 7
members, 8 members: 3 of whom are
public members and members, 4
of whom are licensed veterinarians , and one
registered veterinary technician . Existing law repeals the
provisions establishing the board, and authorizing the board to
appoint an executive officer as as, of
January 1, 2014.
Under existing law, the board is subject to evaluation by the
Joint Sunset Review Committee prior to its repeal.
This bill would provide that those provisions are instead repealed
as of January 1, 2018. 2016. This bill
would instead , upon repeal, require
that the board be subject to review by the appropriate policy
committees of the Legislature.
(2) Existing law permits the board, at any time, to inspect the
premises in which veterinary medicine, veterinary dentistry, or
veterinary surgery is being practiced.
This bill would exclude nonprofit animal rescue or adoption
centers from inspection.
(3) Existing law requires the board to establish a regular
inspection program that will provide for random, unannounced
inspections.
This bill would require the board to make every effort to inspect
at least 20% of veterinary premises on an annual basis.
(4) Existing law requires the board to establish an advisory
committee, the Veterinary Medicine Multidisciplinary Advisory
Committee, to assist, advise, and make recommendations for the
implementation of rules and regulations necessary to ensure proper
administration and enforcement of specified provisions and to assist
the board in its examination, licensure, and registration programs.
Existing law requires that members of the multidisciplinary committee
to be appointed by the board from lists of nominees solicited by the
board. Existing law requires the committee to consist of 7 members,
with 4 licensed veterinarians, 2 registered veterinary technicians,
and one public member.
This bill would expand the committee to 9 members, to include a
veterinarian member of the board and the registered veterinarian
technician of the board, both of whom would serve concurrently with
their term of office. The bill would make other technical and
conforming changes.
(5) Existing law permits a registered veterinary technician or a
veterinary assistant to administer a drug, including, but not limited
to, a drug that is a controlled substance, under the direct or
indirect supervision of a licensed veterinarian when done pursuant to
the order, control, and full professional responsibility of a
licensed veterinarian. Existing law limits access to controlled
substances by veterinary assistants to persons who have undergone a
background check and who, to the best of the licensee manager's
knowledge, do not have any drug or alcohol related felony
convictions. Existing law repeals these provisions on January 1,
2015.
This bill would make these provisions operative indefinitely and
limit access to controlled substances by veterinary assistants to
person who have obtained a valid permit from the board. The bill
would, as part of the application for a permit, require the board to
require an applicant to furnish a set of fingerprints for purposes of
conducting a criminal history record check. The bill would make the
permit requirement contingent on the board receiving sufficient
staffing and a fee to cover its costs to implement the permit
program.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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 consists of the following 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,
2018, 2016, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2018, 2016, deletes or
extends that date.
(c) Notwithstanding any other law, the repeal of this section
renders the board subject to review by the appropriate policy
committees of the Legislature.
SEC. 2. Section 4804.5 of the Business and Professions Code is
amended to read:
4804.5. 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 him or her by this chapter.
This section shall remain in effect only until January 1,
2018, 2016, and as of that date is repealed,
unless a later enacted statute, that is enacted before January 1,
2018, 2016, deletes or extends that
date.
SEC. 3. Section 4809.5 of the
Business and Professions Code is amended to read:
4809.5. The board may at any time inspect the premises in which
veterinary medicine, veterinary dentistry, or veterinary surgery is
being practiced. Veterinary premises to be inspected by the
board do not include nonprofit animal rescue or adoption centers.
SEC. 4. Section 4809.7 of the Business
and Professions Code is amended to read:
4809.7. The board shall establish a regular inspection program
which that will provide for random,
unannounced inspections. The board shall make every effort to
inspect at least 20 percent of veterinary premises on an annual
basis.
SEC. 5 . Section
4809.8 of the Business and Professions Code is
amended to read:
4809.8. (a) The board shall establish an advisory committee to
assist, advise, and make recommendations for the implementation of
rules and regulations necessary to ensure proper administration and
enforcement of this chapter and to assist the board in its
examination, licensure, and registration programs. This committee
shall be known as the Veterinary Medicine Multidisciplinary Advisory
Committee. Members The multidisciplinary
committee shall consist of nine members. The following members
of the multidisciplinary committee shall be appointed by the board
from lists of nominees solicited by the board. The committee
shall consist of the following seven members: board:
four licensed veterinarians, two registered veterinary
technicians, and one public member. The committee shall also
include a veterinarian member of the board and the registered
veterinarian technician of the board. Members of the
multidisciplinary committee shall represent a sufficient cross
section of the interests in veterinary medicine in order to address
the issues before it, as determined by the board, including
veterinarians, registered veterinary technicians, and members of the
public.
(b) Multidisciplinary committee members appointed by the
board shall hold office serve for
a term of three years and appointments shall be staggered
accordingly. A member may be reappointed, but no person shall serve
as a member of the committee for more than two consecutive terms.
Vacancies occurring shall be filled by appointment for the unexpired
term, within 90 days after they occur. Board members of the
multidisciplinary committee shall serve concurrently with their term
of office.
(c) The multidisciplinary committee shall be subject to the
requirements of Article 9 (commencing with Section 11120) of Chapter
1 of Part 1 of Division 3 of Title 2 of the Government Code.
(d) Multidisciplinary committee members shall receive a per diem
as provided in Section 103 and shall be compensated for their actual
travel expenses in accordance with the rules and regulations adopted
by the Department of Human Resources.
(e) The board may remove a member of the multidisciplinary
committee appointed by the board for continued neglect of
a duty required by this chapter, for incompetency, or for
unprofessional conduct.
(f) It is the intent of the Legislature that the multidisciplinary
committee, in implementing this section, give specific consideration
to issues pertaining to the practice of registered veterinarian
technicians.
SEC. 6 . Section
4836.1 of the Business and Professions Code is
amended to read:
4836.1. (a) Notwithstanding any other provision of law, a
registered veterinary technician or a veterinary assistant may
administer a drug, including, but not limited to, a drug that is a
controlled substance, under the direct or indirect supervision of a
licensed veterinarian when done pursuant to the order, control, and
full professional responsibility of a licensed veterinarian. However,
no person, other than a licensed veterinarian, may induce anesthesia
unless authorized by regulation of the board.
(b) Access to controlled substances by veterinary assistants under
this section is limited to persons who have undergone a
background check and who, to the best of the licensee manager's
knowledge, do not have any drug or alcohol related felony
convictions. obtained a valid permit from the board.
(c) As part of the application for a permit, the board shall
require an applicant to furnish a set of fingerprints for purposes of
conducting a criminal history record check. Fingerprints furnished
pursuant to this subdivision shall be submitted in an electronic
format if readily available. The board shall use the fingerprints
furnished by the applicant to obtain criminal history information on
the applicant from the Department of Justice and the United States
Federal Bureau of Investigation, and the board shall obtain any
subsequent arrest information that is available.
(c)
(d) Notwithstanding subdivision (b), if the Veterinary
Medical Board, in consultation with the Board of Pharmacy, identifies
a dangerous drug, as defined in Section 4022, as a drug
which that has an established pattern of being
diverted, the Veterinary Medical Board may restrict access to that
drug by veterinary assistants.
(d)
(e) For purposes of this section, the following
definitions apply:
(1) "Controlled substance" has the same meaning as that term is
defined in Section 11007 of the Health and Safety Code.
(2) "Direct supervision" has the same meaning as that term is
defined in subdivision (e) of Section 2034 of Title 16 of the
California Code of Regulations.
(3) "Drug" has the same meaning as that term is defined in Section
11014 of the Health and Safety Code.
(4) "Indirect supervision" has the same meaning as that term is
defined in subdivision (f) of Section 2034 of Title 16 of the
California Code of Regulations.
(e) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
(f) The requirement for a permit is contingent on the board
receiving sufficient staffing and a fee to cover its costs to
implement subdivision (c).
(g) This section shall become operative January 1, 2015.