SECTIONS 4860-4873 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 4860-4873

4860. It is the intent of the Legislature that the Veterinary
Medical Board seek ways and means to identify and rehabilitate
veterinarians and registered veterinary technicians with impairment
due to abuse of dangerous drugs or alcohol, affecting competency so
that veterinarians and registered veterinary technicians so afflicted
may be treated and returned to the practice of veterinary medicine
in a manner that will not endanger the public health and safety.

4861. 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 diversion evaluation committee shall have the following
composition:
(a) 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) Two public members.
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 or drug abuse.
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.
The board may appoint a program director and other personnel as
necessary to carry out provisions of this article.

4862. Each member of a diversion evaluation committee shall receive
per diem and expenses as provided in Section 103.

4863. Three members of a diversion evaluation committee shall
constitute a quorum for the transaction of business at any meeting.
Any action requires the majority vote of the diversion evaluation
committee.

4864. Each diversion evaluation committee shall elect from its
membership a chairperson and a vice chairperson.

4865. The board shall administer the provisions of this article.

4866. (a) The board shall establish criteria for the acceptance,
denial, or termination of veterinarians and registered veterinary
technicians in a diversion program. Only those veterinarians and
registered veterinary technicians who have voluntarily requested
diversion treatment and supervision by a diversion evaluation
committee shall participate in a program.
(b) The board shall establish criteria for the selection of
administrative physicians who shall examine veterinarians and
registered veterinary technicians requesting diversion under a
program. Any reports made under this article by the administrative
physician shall constitute an exception to Sections 994 and 995 of
the Evidence Code.
(c) The diversion program may accept no more than 100 participants
who are licensees of the board.

4867. The diversion evaluation committee shall inform each
veterinarian and registered veterinary technician who requests
participation in a program of the procedures followed in the program,
of the rights and responsibilities of the veterinarian and
registered veterinary technician in the program, and of the possible
results of noncompliance with the program.

4868. Each diversion evaluation committee shall have the following
duties and responsibilities:
(a) To evaluate those veterinarians and registered veterinary
technicians who request participation in the program according to the
guidelines prescribed by the board and to consider the
recommendation of the administrative physician on the admission of
the veterinarian or registered veterinary technician to the diversion
program.
(b) To review and designate those treatment facilities to which
veterinarians and registered veterinary technicians in a diversion
program may be referred.
(c) To receive and review information concerning veterinarians and
registered veterinary technicians participating in the program.
(d) To call meetings as necessary to consider the requests of
veterinarians and registered veterinary technicians to participate in
a diversion program, and to consider reports regarding veterinarians
and registered veterinary technicians participating in a program
from an administrative physician, or from others.
(e) To consider in the case of each veterinarian and registered
veterinary technician participating in a program whether he or she
may with safety continue or resume the practice of veterinary
medicine or the assisting in the practice of veterinary medicine.
(f) To set forth in writing for each veterinarian and registered
veterinary technician participating in a program a treatment program
established for each such veterinarian and registered veterinary
technician with the requirements for supervision and surveillance.
(g) To hold a general meeting at least twice a year, which shall
be open and public, to evaluate the program's progress, to review
data as required in reports to the board, to prepare reports to be
submitted to the board, and to suggest proposals for changes in the
diversion program.

4869. Notwithstanding the provisions of Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code, relating to public meetings, a diversion evaluation
committee may convene in closed session to consider reports
pertaining to any veterinarian or registered veterinary technician
requesting or participating in a diversion program. A diversion
evaluation committee shall only convene in closed session to the
extent that it is necessary to protect the privacy of a veterinarian
or registered veterinary technician.

4870. Each veterinarian and registered veterinary technician who
requests participation in a diversion program shall agree to
cooperate with the treatment program designed by a diversion
evaluation committee. Any failure to comply with the provisions of a
treatment program may result in termination of the veterinarian's or
registered veterinary technician's participation in a program.

4871. (a) After a diversion evaluation committee in its discretion
has determined that a veterinarian or registered veterinary
technician has been rehabilitated and the diversion program is
completed, the diversion evaluation committee shall purge and destroy
all records pertaining to the veterinarian's or registered
veterinary technician's participation in a diversion program.
(b) All board and diversion evaluation committee records and
records of proceedings pertaining to the treatment of a veterinarian
or registered veterinary technician in a program shall be kept
confidential and are not subject to discovery or subpoena.

4872. The board shall provide for the representation of any persons
making reports to a diversion evaluation committee or the board
under this article in any action for defamation.

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.