SECTIONS 4846-4857 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 4846-4857

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.

4846.1. If the veterinary college from which an applicant is
graduated is not recognized by the board, the board shall have the
authority to determine the qualifications of such graduates and to
review the quality of the educational experience attained by them in
an unrecognized veterinary college. The board shall have the
authority to adopt rules and regulations to implement this provision.

4846.2. If the board finds in evaluating the graduate described in
Section 4846.1 that such applicant is deficient in qualification or
in the quality of his educational experience the board may require
such applicant to fulfill such other remedial or other requirements
as the board, by regulation, may prescribe.

4846.4. (a) Each individual licensed by the board shall biennially
apply for renewal of his or her license or registration on or before
the last day of the applicant's birthday month. The application shall
be made on a form provided by the board.
(b) The application shall contain a statement to the effect that
the applicant has not been convicted of a felony, has not been the
subject of professional disciplinary action taken by any public
agency in California or any other state or territory, and has not
violated any of the provisions of this chapter. If the applicant is
unable to make that statement, the application shall contain a
statement of the conviction, professional discipline, or violation.
(c) The board may, as part of the renewal process, make necessary
inquiries of the applicant and conduct an investigation in order to
determine if cause for disciplinary action exists.

4846.5. (a) Except as provided in this section, the board shall
issue renewal licenses only to those applicants that have completed a
minimum of 36 hours of continuing education in the preceding two
years.
(b) (1) Notwithstanding any other provision of law, continuing
education hours shall be earned by attending courses relevant to
veterinary medicine and sponsored or cosponsored by any of the
following:
(A) American Veterinary Medical Association (AVMA) accredited
veterinary medical colleges.
(B) Accredited colleges or universities offering programs relevant
to veterinary medicine.
(C) The American Veterinary Medical Association.
(D) American Veterinary Medical Association recognized specialty
or affiliated allied groups.
(E) American Veterinary Medical Association's affiliated state
veterinary medical associations.
(F) Nonprofit annual conferences established in conjunction with
state veterinary medical associations.
(G) Educational organizations affiliated with the American
Veterinary Medical Association or its state affiliated veterinary
medical associations.
(H) Local veterinary medical associations affiliated with the
California Veterinary Medical Association.
(I) Federal, state, or local government agencies.
(J) Providers accredited by the Accreditation Council for
Continuing Medical Education (ACCME) or approved by the American
Medical Association (AMA), providers recognized by the American
Dental Association Continuing Education Recognition Program (ADA
CERP), and AMA or ADA affiliated state, local, and specialty
organizations.
(2) Continuing education credits shall be granted to those
veterinarians taking self-study courses, which may include, but are
not limited to, reading journals, viewing video recordings, or
listening to audio recordings. The taking of these courses shall be
limited to no more than six hours biennially.
(3) The board may approve other continuing veterinary medical
education providers not specified in paragraph (1).
(A) The board has the authority to recognize national continuing
education approval bodies for the purpose of approving continuing
education providers not specified in paragraph (1).
(B) Applicants seeking continuing education provider approval
shall have the option of applying to the board or to a
board-recognized national approval body.
(4) For good cause, the board may adopt an order specifying, on a
prospective basis, that a provider of continuing veterinary medical
education authorized pursuant to paragraph (1) or (3) is no longer an
acceptable provider.
(5) Continuing education hours earned by attending courses
sponsored or cosponsored by those entities listed in paragraph (1)
between January 1, 2000, and January 1, 2001, shall be credited
toward a veterinarian's continuing education requirement under this
section.
(c) Every person renewing his or her license issued pursuant to
Section 4846.4 or any person applying for relicensure or for
reinstatement of his or her license to active status, shall submit
proof of compliance with this section to the board certifying that he
or she is in compliance with this section. Any false statement
submitted pursuant to this section shall be a violation subject to
Section 4831.
(d) This section shall not apply to a veterinarian's first license
renewal. This section shall apply only to second and subsequent
license renewals granted on or after January 1, 2002.
(e) The board shall have the right to audit the records of all
applicants to verify the completion of the continuing education
requirement. Applicants shall maintain records of completion of
required continuing education coursework for a period of four years
and shall make these records available to the board for auditing
purposes upon request. If the board, during this audit, questions
whether any course reported by the veterinarian satisfies the
continuing education requirement, the veterinarian shall provide
information to the board concerning the content of the course; the
name of its sponsor and cosponsor, if any; and specify the specific
curricula that was of benefit to the veterinarian.
(f) A veterinarian desiring an inactive license or to restore an
inactive license under Section 701 shall submit an application on a
form provided by the board. In order to restore an inactive license
to active status, the veterinarian shall have completed a minimum of
36 hours of continuing education within the last two years preceding
application. The inactive license status of a veterinarian shall not
deprive the board of its authority to institute or continue a
disciplinary action against a licensee.
(g) Knowing misrepresentation of compliance with this article by a
veterinarian constitutes unprofessional conduct and grounds for
disciplinary action or for the issuance of a citation and the
imposition of a civil penalty pursuant to Section 4883.
(h) The board, in its discretion, may exempt from the continuing
education requirement any veterinarian who for reasons of health,
military service, or undue hardship cannot meet those requirements.
Applications for waivers shall be submitted on a form provided by the
board.
(i) The administration of this section may be funded through
professional license and continuing education provider fees. The fees
related to the administration of this section shall not exceed the
costs of administering the corresponding provisions of this section.
(j) For those continuing education providers not listed in
paragraph (1) of subdivision (b), the board or its recognized
national approval agent shall establish criteria by which a provider
of continuing education shall be approved. The board shall initially
review and approve these criteria and may review the criteria as
needed. The board or its recognized agent shall monitor, maintain,
and manage related records and data. The board may impose an
application fee, not to exceed two hundred dollars ($200) biennially,
for continuing education providers not listed in paragraph (1) of
subdivision (b).

4847. The board shall number consecutively all applications
received, note upon each the disposition made of it, and preserve the
same for reference.

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 mail 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.

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.

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.

4850. Every person holding a license under this chapter shall
conspicuously display the license in his or her principal place of
business.

4852. Every person holding a license issued under this chapter who
changes his or her mailing address shall notify the board of his or
her new mailing address within 30 days of the change. The board shall
not renew the license of any person who fails to comply with this
section unless the person pays the penalty fee prescribed in Section
4905. An applicant for the renewal of a license shall specify in his
or her application whether he or she has changed his or her mailing
address and the board may accept that statement as evidence of the
fact.

4853. (a) All premises where veterinary medicine, veterinary
dentistry, veterinary surgery, and the various branches thereof is
being practiced 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 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
shall set forth in the application the name of the responsible
licensee manager who is to act for and on behalf of the licensed
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 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.

4853.1. (a) Each application to register a premise pursuant to
Section 4853 shall be made on a form provided by the board. An
application for renewal of that registration shall be made annually.
(b) The application shall contain a statement to the effect that
the applicant has not been convicted of a felony, has not been the
subject of professional disciplinary action taken by any public
agency in California or any other state or territory, and has not
violated any of the provisions of this chapter. If the applicant is
unable to make that statement, the application shall contain a
statement of the conviction, professional discipline, or violation.
(c) The board may, as part of the renewal process, make necessary
inquiries of the applicant and conduct an investigation in order to
determine if cause for disciplinary action exists.

4853.5. When it has been adjudicated in an administrative hearing
that the licensee manager has failed to keep the premises and all
equipment therein in a clean and sanitary condition as provided for
in subdivision (h) of Section 4883, or is in violation of any of the
provisions of Section 4854, the board may withhold, suspend, or
revoke the registration of veterinary premises, or assess a fine of
not less than fifty dollars ($50) nor more than five hundred dollars
($500) per day until such violation has been rectified, or by both
such suspension and fine. The total amount of any fine assessed
pursuant to this section shall not exceed five thousand dollars
($5,000).

4853.6. The board shall withhold, suspend or revoke registration of
veterinary premises:
(a) When 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 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.

4854. All premises where veterinary medicine, veterinary dentistry,
or veterinary surgery is being practiced, and all instruments,
apparatus and apparel used in connection with those practices, shall
be kept clean and sanitary at all times, and shall conform to those
minimum standards established by the board.

4854.5. (a) Every off-campus educational program site shall display
in a conspicuous place a consumer notification specifying that the
veterinary facilities are also being used for diagnosis and treatment
of animals by graduate students enrolled in a veterinary medicine
program.
(b) Notwithstanding Section 4831, or any other provision of law, a
violation of subdivision (a) shall not be a crime.

4855. A veterinarian subject to the provisions of this chapter
shall, as required by regulation of the board, keep a written record
of all animals receiving veterinary services, and provide a summary
of that record to the owner of animals receiving veterinary services,
when requested. The minimum amount of information which shall be
included in written records and summaries shall be established by the
board. The minimum duration of time for which a licensed premise
shall retain the written record or a complete copy of the written
record shall be determined by the board.

4856. (a) All records required by law to be kept by a veterinarian
subject to this chapter, including, but not limited to, records
pertaining to diagnosis and treatment of animals and records
pertaining to drugs or devices for use on animals, shall be open to
inspection by the board, or its authorized representatives, during an
inspection as part of a regular inspection program by the board, or
during an investigation initiated in response to a complaint that a
licensee has violated any law or regulation that constitutes grounds
for disciplinary action by the board. A copy of all those records
shall be provided to the board immediately upon request.
(b) Equipment and drugs on the premises, or any other place, where
veterinary medicine, veterinary dentistry, veterinary surgery, or
the various branches thereof is being practiced, or otherwise in the
possession of a veterinarian for purposes of that practice, shall be
open to inspection by the board, or its authorized representatives,
during an inspection as part of a regular inspection program by the
board, or during an investigation initiated in response to a
complaint that a licensee has violated any law or regulation that
constitutes grounds for disciplinary action by the board.

4857. (a) A veterinarian licensed under the provisions of this
chapter shall not disclose any information concerning an animal
receiving veterinary services, the client responsible for the animal
receiving veterinary services, or the veterinary care provided to an
animal, except under any one of the following circumstances:
(1) Upon written or witnessed oral authorization by knowing and
informed consent of the client responsible for the animal receiving
services or an authorized agent of the client.
(2) Upon authorization received by electronic transmission when
originated by the client responsible for the animal receiving
services or an authorized agent of the client.
(3) In response to a valid court order or subpoena.
(4) As may be required to ensure compliance with any federal,
state, county, or city law or regulation, including, but not limited
to, the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code).
(5) Nothing in this section is intended to prevent the sharing of
veterinary medical information between veterinarians or facilities
for the purpose of diagnosis or treatment of the animal who is the
subject of the medical records.
(6) As otherwise provided in this section.
(b) This section shall not apply to the extent that the client
responsible for an animal or an authorized agent of the client
responsible for the animal has filed or caused to be filed a civil or
criminal complaint that places the veterinarian's care and treatment
of the animal or the nature and extent of the injuries to the animal
at issue, or when the veterinarian is acting to comply with federal,
state, county, or city laws or regulations.
(c) A veterinarian shall be subject to the criminal penalties set
forth in Section 4831 or any other provision of this code for a
violation of this section. In addition, any veterinarian who
negligently releases confidential information shall be liable in a
civil action for any damages caused by the release of that
information.
(d) Nothing in this section is intended to prevent the sharing of
veterinary medical information between veterinarians and peace
officers, humane society officers, or animal control officers who are
acting to protect the welfare of animals.