Veterinary medicine: California Veterinary Medical Board.

Existing law makes a violation of the act a crime.

This bill would extend the existence of the board until January 1, 2030, add an additional registered veterinary technician member to the board, and make conforming changes. The bill would require at least one of the licensed veterinarian members to practice in equine or livestock care, or both.

(2) Existing law requires an individual to meet certain requirements for registration as a veterinary technician, as defined, including furnishing satisfactory evidence of educational or experiential qualifications, as specified.

This bill would expand the qualifications that the applicant for registration as a veterinary technician may furnish as proof of compliance with the educational or experiential qualifications requirement to include, among other things, graduation from a veterinary college recognized by the board. The bill would expand the requirements of registration as a veterinary technician to include, among other things, submission of a full set of fingerprints for the purpose of conducting a criminal history record check and a state and federal criminal offender record information search, as specified.

(3) Existing law requires an individual to meet certain requirements for issuance of a veterinary assistant controlled substance permit, including submitting to the Department of Justice fingerprint images and related information, as specified.

This bill would require an applicant for a veterinary assistant controlled substance permit to disclose each state, Canadian province, or United States territory in which the applicant currently holds or has ever held a license, registration, certificate, or permit to practice veterinary medicine.

(4) Existing law requires a veterinarian to keep a written record of all animals receiving veterinary services, and to provide a summary of that record to the owner of animals receiving veterinary services, when requested. Existing law requires the board to establish the minimum amount of information to be included in written records and summaries and the minimum duration of time that a licensed premises must retain the written record or a copy of the written record.

This bill would instead require a veterinarian to provide a client or client's authorized agent with a copy of that record, upon their request, as specified. The bill would also require the veterinarian, if requested by the client or client's authorized agent, as specified, because the animal is in critical condition or direct transfer to another veterinary premises for medical care is recommended, to provide a copy or summary of the written record to the client or the client's authorized agent. If a written record is not available upon release of the animal patient, the bill would require the veterinarian to communicate information to facilitate continuity of care of the animal patient either to the receiving veterinarian or veterinary premises or, if the receiving veterinary premises is unknown, to the client or the client's authorized agent.

This bill would also require a licensee manager to provide a client or client's authorized agent, upon their request, with a record of client payments made to the veterinary premises related to services and treatment provided, as specified. The bill would require a record of client payments made to the veterinary premises related to services and treatments provided to be maintained for a minimum of 3 years after the animal's last visits. The bill would also require a licensee manager to make any records related to the services a veterinarian has provided on behalf of the registered veterinary premises available for inspection by that veterinarian.

By expanding the requirements of the act, the violation of which is a crime, the bill would impose a state-mandated local program.

(5) Existing law requires the board to establish a regular inspection program that will provide for random, unannounced inspections of veterinary premises and requires the board to inspect at least 20% of veterinary premises annually.

This bill would, instead, provide that the random inspections described above shall be announced or unannounced. The bill would remove the requirement for the board to inspect 20% of veterinary premises annually and would, instead, require the board to make every reasonable effort to ensure veterinary premises are inspected in a timely manner.

(6) Existing law authorizes the board to revoke or suspend for a certain time the license or registration of a veterinarian or veterinarian technician to practice veterinary medicine, as specified, and, in addition to its authority to suspend or revoke a license or registration, to assess a fine not in excess of $5,000 against a licensee or registrant, as specified. Existing law authorizes the board to place a licensee or registrant on probation, as specified, and to issue a probationary veterinary assistant controlled substance permit, as specified. Existing law requires the board to 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, as specified.

Existing law authorizes the executive officer to issue a citation to a veterinarian or registered veterinary technician for specified violations. Existing law authorizes the board to deny, revoke, or suspend a license or registration for specified violations, including 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. Existing law authorizes the board, upon a plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of a felony or of any offense related to the practice of veterinary medicine, to order the suspension or revocation of the license or registration of the convicted individual or to assess a fine, as specified.

This bill would recast and expand the above-described authorizations and requirements for the board and authorizations for the executive officer related to the disciplinary proceedings of a licensee or registrant to also apply to a veterinary assistant controlled substance permitholder. The bill would authorize the board to place on probation a license, registration, or permit for certain violations, including the above-described violations relating to dangerous drugs or controlled substances, and would specify that dangerous drugs includes antimicrobial drugs in animal feed. The bill would authorize the executive officer to issue a citation to a person or entity for practicing or offering to practice veterinary medicine without a license, registration, or permit, as specified. The bill would authorize a veterinary assistant controlled substance permitholder to, under the supervision of a licensed veterinarian, compound drugs for animal use, as specified. The bill would authorize a licensee, registrant, or permitholder to enter into a settlement to resolve an administrative action, as specified.

Existing law authorizes the board, on reinstatement of a license or registration, to impose certain terms and conditions to be followed by the licensee or registrant, including requiring the licensee or registrant to obtain additional professional training and to pass an examination upon completion of the training. Existing law requires the holder of a revoked license or registration that is reinstated after its expiration to pay a reinstatement fee, as specified. Existing law provides that a person who fails to renew their license within five years of its expiration may not renew it, and it shall not be restored, reissued, or reinstated, but such a person may apply for and obtain a new license, as specified.

This bill would also authorize the board to impose the above-referenced terms and conditions on the reinstatement of a veterinary assistant controlled substance permit, and would impose the above-described fee requirement on the reinstatement of that permit. The bill would deem a reinstatement petition abandoned if enforcement fees and costs, as applicable, are not paid by a petitioner within one year of the effective date of a decision reinstating the license, registration, or permit. The bill would deem a license, registration, or permit canceled if it is not renewed within 5 years after its expiration, but would allow the licensee, registrant, or permitholder to apply for and obtain a new license, registration, or permit, as specified.

Existing law requires the executive officer in all cases of suspension, revocation, or restriction of licenses or assessment of fines to enter on the register the fact of suspension, revocation, restriction, or fine, as the case may be. Existing law deems a record of any suspension, revocation, restriction, or fine as made by the county clerk to be prima facie evidence of the fact thereof, and of the regularity of all the proceedings of the board in the matter of the suspension, revocation, restriction, or fine. Existing law requires the board to, upon denial of an application for registration, provide certain information related to the denial, as specified.

This bill would delete those provisions.

Existing law authorizes a person whose license or registration has been revoked or who has been placed on probation to petition the board for reinstatement or modification of penalties, as specified.

This bill would require those petitions to be accompanied by a full set of fingerprints for purposes of conducting a criminal history record check.

(7) Existing law requires the board to collect specified fees related to, among other things, licensure, registration, issuance of permit, course licensure, and veterinary premises registration and to credit those fees to the California Veterinary Medical Board Contingent Fund, an account in the Professions and Vocations Fund subject to appropriation by the Legislature. Existing law requires the fee for filing an application for approval of a school or institution offering a curriculum for training registered veterinary technicians to be set by the board at an amount not to exceed $300 and requires the school or institution to pay for the reasonable regulatory costs incident to an onsite inspection conducted by the board, as specified. Existing law requires the fees assessed by the board to be reduced, upon specified conditions, but not reduced so as to cause the California Veterinary Medical Board Contingent Fund to have a reserve of less than 3 months of annual authorized board expenditures.

This bill would recast those provisions and would revise the cost of those fees to not exceed specified amounts. The bill would establish new categories for veterinary premises registration fees based on the number of full-time equivalent veterinarians providing veterinary services at the premises and would define terms for that purpose. The bill would delete the above-described provisions related to filing an application for approval of a school or institution offering a curriculum for training registered veterinary technicians and the reduction of fees.

(8) Existing law requires the board to issue renewal licenses only to applicants who have completed a minimum of 36 hours of continuing education in the preceding 2 years, except as specified, and provides sources to earn continuing education credit, including courses offered by nonprofit annual conferences established in conjunction with state veterinary medical associations. Existing law authorizes the board to require, if the board determines that the public health and safety would be served by requiring all registrants to continue their education after receiving registration, that they submit assurances satisfactory to the board that they will, during the succeeding renewal period, inform themselves of the developments in the field of animal health technology since the issuance of their certificate of registration, as specified.

This bill would recast those provisions to instead require all holders of veterinarian licenses and veterinary technician registrations to, except for during the first renewal period, obtain continuing education relevant to developments in the practice of veterinary medicine, as specified, and would make conforming changes. The bill would require a person applying for renewal to certify, under penalty of perjury, that they are in compliance with the applicable continuing education requirements. By expanding the scope of a crime, the bill would impose a state-mandated local program.

This bill would authorize the board to audit the records of all applicants to verify the completion of the continuing education requirement. The bill would revise the courses that previously fulfilled that continuing education requirement by, among other things, removing courses offered by the nonprofit annual conferences described above. The bill would, among other things, authorize a veterinarian or a veterinarian technician who teaches a course that meets the continuing education requirement to receive continuing education credit, as specified. The bill would authorize continuing education credit to be received for, among other things, passing the California Veterinary Law Examination. The bill would delete the above provision related to registrant continuing education.

This bill would require the board to issue renewed veterinary technician registrations to only those applicants who have completed a minimum of 20 hours of continuing education in the preceding 2 years. The bill would specify sources to earn continuing education credit, including taking self-study courses. The bill would require providers offering continuing education courses for veterinarians or veterinarian technicians to comply with specified requirements and would authorize the board, for good cause, to adopt an order specifying, on a prospective basis, that a continuing education source is no longer an acceptable source.

(9) Existing law requires the board to approve all schools or institutions offering a curriculum for training registered veterinary technicians and to furnish application forms to schools requesting approval.

This bill would delete those approval and application form requirements.

(10) This bill would incorporate additional changes to Sections 4827 and 4883 of the Business and Professions Code proposed by AB 867 to be operative only if this bill and AB 867 are enacted and this bill is enacted last.

(11) 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.