AB 1502: Veterinary medicine: California Veterinary Medical Board.

4800.

(a) There is in the Department of Consumer Affairs a California Veterinary Medical Board in which the administration of this chapter is vested. The board shall consist of the following nine members:

(1) Four licensed veterinarians, at least one of whom shall practice in equine or livestock care, or both.

(2) Two registered veterinary technicians.

(3) Three public members.

(b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. However, the review of the board shall be limited to those issues identified by the appropriate policy committees of the Legislature and shall involve the preparation or submission of a sunset review document or evaluative questionnaire.

4804.5.

(a) 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 them by this chapter.

(b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

4809.7.

The board shall establish a regular inspection program that will provide for random announced or unannounced inspections of veterinary premises. The board shall make every reasonable effort to ensure veterinary premises are inspected in a timely manner.

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. The committee shall serve only in an advisory capacity to the board and the objectives, duties, and actions of the committee shall not be a substitute for or conflict with any of the powers, duties, and responsibilities of the board. The committee shall be known as the Veterinary Medicine Multidisciplinary Advisory Committee. 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: four licensed veterinarians, two registered veterinary technicians, and one public member. The committee shall also include one veterinarian member of the board and one registered veterinary technician member of the board, both to be appointed by the board president. 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 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 terms of office on the board.

(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 appropriate consideration to issues pertaining to the practice of registered veterinarian technicians.

4826.5.

Notwithstanding any other law, a licensed veterinarian, registered veterinary technician, or veterinary assistant controlled substance permitholder under the supervision of a licensed veterinarian may compound drugs for animal use pursuant to Section 530 of Title 21 of the Code of Federal Regulations and in accordance with regulations promulgated by the board. The regulations promulgated by the board shall, at a minimum, address the storage of drugs, the level and type of supervision required for compounding drugs by a registered veterinary technician or a veterinary assistant controlled substance permitholder, and the equipment necessary for the safe compounding of drugs. Any violation of the regulations adopted by the board pursuant to this section shall constitute grounds for an enforcement or disciplinary action.

4826.6.

(a) A veterinarian shall not prescribe, dispense, or administer a drug, medicine, application, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of animals unless a veterinarian-client-patient relationship exists or as otherwise permitted by law, except when the animal patient is a wild animal or the owner of the animal patient is unknown. A veterinarian-client-patient relationship exists if all of the following conditions are met:

(1) The client has authorized the veterinarian to assume responsibility for medical judgments regarding the health of the animal patient.

(2) The veterinarian possesses sufficient knowledge of the animal patient to initiate at least a general or preliminary diagnosis of the animal patient’s medical condition.

(3) The veterinarian has assumed responsibility for making medical judgments regarding the health of the animal patient and has communicated with the client a medical, treatment, diagnostic, or therapeutic plan appropriate to the circumstances.

(b) A veterinarian possesses sufficient knowledge of the animal patient for purposes of paragraph (2) of subdivision (a) if the veterinarian has recently seen, or is personally acquainted with, the care of the animal patient by doing any of the following:

(1) Examining the animal patient in person.

(2) Examining the animal patient by use of synchronous audio-video communication.

(3) Making medically appropriate and timely visits to the premises on which the animal patient is kept.

(c) For purposes of paragraphs (1) and (3) of subdivision (a), the client may authorize an agent to act on the client’s behalf.

(d) Synchronous audio-video communication is not required for the delivery of veterinary medicine via telehealth after a veterinarian-client-patient relationship has been established unless the veterinarian determines that it is necessary in order to provide care consistent with prevailing veterinary medical practice.

(e) A veterinarian-client-patient relationship shall not be established solely by audio-only communication or by means of a questionnaire.

(f) Only a person who holds a current license to practice veterinary medicine in this state is authorized to practice veterinary medicine via telehealth on an animal patient located in this state.

(g) Before delivering veterinary medicine via telehealth, the veterinarian shall inform the client about the use and potential limitations of telehealth and obtain consent from the client to use telehealth, including acknowledgment of all of the following:

(1) The same standards of care apply to veterinary medicine services via telehealth and in-person veterinary medical services.

(2) The client has the option to choose an in-person visit from a veterinarian at any time.

(3) The client has been advised how to receive followup care or assistance in the event of an adverse reaction to the treatment or in the event of an inability to communicate resulting from technological or equipment failure.

(h) A veterinarian who practices veterinary medicine via telehealth shall do all of the following:

(1) Ensure that the technology, method, and equipment used to provide veterinary medicine services via telehealth comply with all current privacy protection laws.

(2) Have historical knowledge of the animal patient by obtaining and reviewing the animal patient’s relevant medical history, and, if available, medical records. If medical records exist from a previous in-person visit and are available to the client, the client may transmit those records, including any diagnostic data contained therein, to the veterinarian electronically.

(3) Employ sound professional judgment to determine whether using telehealth is an appropriate method for delivering medical advice or treatment to the animal patient and providing quality of care consistent with prevailing veterinary medical practice.

(4) Be familiar with available medical resources, including emergency resources near the animal patient’s location, be able to provide the client with a list of nearby veterinarians who may be able to see the animal patient in person upon the request of the client, and keep, maintain, and make available a copy or summary of the animal patient record, as specified in Section 4855.

(5) Provide the client with the veterinarian’s name, contact information, and license number.

(6) Secure an alternative means of contacting the client if the electronic means is interrupted.

(i) (1) A veterinarian shall not prescribe a drug for a duration of time that is inconsistent with the medical condition of the animal patient or the type of drug prescribed.

(2) A veterinarian who established the required veterinarian-client-patient relationship by examining the animal patient in person or by making medically appropriate and timely visits to the premises on which the animal patient is kept shall not prescribe a drug for a duration of time that is longer than one year from the date that the veterinarian examined the animal patient in person or visited the premises and prescribed the drug.

(3) Except as provided in paragraphs (4) to (8), inclusive, a veterinarian who practices veterinary medicine via telehealth may order, prescribe, or make available drugs, as defined in Section 11014 of the Health and Safety Code, in accordance with all relevant state and federal regulations.

(4) A veterinarian who established the required veterinarian-client-patient relationship using synchronous audio-video communication shall not prescribe a drug to the animal patient for use for a period longer than six months from the date upon which the veterinarian examined the animal patient or prescribed the drug. The veterinarian shall not issue another prescription to the animal patient for the same drug unless they have conducted another examination of the animal patient, either in person or using telehealth.

(5) A veterinarian who established the required veterinarian-client-patient relationship using synchronous audio-video communication shall not prescribe an antimicrobial drug to the animal patient for a period longer than 14 days of treatment. The veterinarian shall not issue any further antimicrobial drug prescription, including a refill, to treat the condition of the animal patient unless the veterinarian has conducted an in-person examination of the animal patient.

(6) The veterinarian shall not order, prescribe, or make available a controlled substance, as defined in Section 4021, or xylazine, unless the veterinarian has performed an in-person physical examination of the animal patient or made medically appropriate and timely visits to the premises where the animal patient is kept.

(7) The veterinarian shall notify the client that some prescription drugs or medications may be available at a pharmacy and, if requested, the veterinarian shall submit a prescription to a pharmacy that the client chooses.

(8) A veterinarian shall not prescribe via telehealth any drug or medication for use on a horse engaged in racing or training at a facility under the jurisdiction of the California Horse Racing Board pursuant to Chapter 4 (commencing with Section 19400) of Division 8.

(j) As used in this section, “drug” means any controlled substance, as defined in Section 4021, or any dangerous drug, as defined in Section 4022.

(k) A veterinarian is permitted to use telehealth without establishing a veterinarian-client-patient relationship in order to provide advice in an emergency, as defined in Section 4840.5.

4827.

(a) Nothing in this chapter prohibits any person from:

(1) Practicing veterinary medicine as a bona fide owner of one’s own animals. This exemption applies to the following:

(A) The owner’s bona fide employees.

(B) Any person assisting the owner, provided that the practice is performed gratuitously.

(2) Lay testing of poultry by the whole blood agglutination test. For purposes of this section, “poultry” means flocks of avian species maintained for food production, including, but not limited to, chickens, turkeys, and exotic fowl.

(3) Making any determination as to the status of pregnancy, sterility, or infertility upon livestock, equine, or food animals at the time an animal is being inseminated, providing no charge is made for this determination.

(4) Administering sodium pentobarbital for euthanasia of sick, injured, homeless, or surrendered domestic pets or animals without the presence of a veterinarian when the person is administering the treatment in their capacity as an employee of an animal control shelter and its agencies or humane society and has received proper training in the administration of sodium pentobarbital for these purposes.

(5) Providing the following care to animals lawfully deposited with or impounded by a shelter not registered with the board pursuant to Section 4853:

(A) Administering preventative or prophylactic nonprescription vaccinations to the animal pursuant to protocols written by a veterinarian licensed in this state for the purposes of preventing the spread of communicable diseases, without the presence of a veterinarian when the person has received proper training in the administration of the nonprescription preventative or prophylactic vaccinations.

(B) Administering nonprescription medications to the animal pursuant to protocols written by a veterinarian licensed in this state, for the control or eradication of apparent or anticipated internal or external parasites, including, but not limited to, fleas, ticks, or worms, without the presence of a veterinarian when the person has received proper training in the administration of the nonprescription medications for the control or eradication of those internal or external parasites. A person’s decision to administer these medications shall not be construed to mean the person has made a diagnosis of the animal’s medical condition.

(C) Administering medications prescribed by a veterinarian licensed in the state to the animal without the presence of a veterinarian when the shelter has received a written treatment plan from the licensed veterinarian for that specific animal and has a dispensing protocol in place for the tracking of dispensed prescribed medications and when the person has received proper training in the administration of prescription medications.

(b) For the purposes of paragraph (5) of subdivision (a):

(1) “Proper training” means completing a training curriculum of at least four hours provided by a veterinarian licensed to practice in this state, and includes, but is not limited to, an overview of intake procedures and preventative medicine, recognizing when an animal is required to be seen by a veterinarian, prescription and nonprescription medications, humane animal restraint techniques, vaccination injection methods and procedures, and documentation.

(2) “Shelter” means a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter that is not registered with the board pursuant to Section 4853.

(c) A shelter providing care to an animal pursuant to this section that is not registered with the board pursuant to Section 4853 shall report to the board any adverse event resulting in significant impairment or death from the care provided, on a form prescribed by the board, including severe injuries, infections, and unintended reactions caused by the incorrect or inappropriate administration of a vaccine or medications.

4827.

(a) Nothing in this chapter prohibits any person from:

(1) Practicing veterinary medicine as a bona fide owner of one’s own animals, except for the procedures specified in Section 4826.8. This exemption applies to the following:

(A) The owner’s bona fide employees.

(B) Any person assisting the owner, provided that the practice is performed gratuitously.

(2) Lay testing of poultry by the whole blood agglutination test. For purposes of this section, “poultry” means flocks of avian species maintained for food production, including, but not limited to, chickens, turkeys, and exotic fowl.

(3) Making any determination as to the status of pregnancy, sterility, or infertility upon livestock, equine, or food animals at the time an animal is being inseminated, providing no charge is made for this determination.

(4) Administering sodium pentobarbital for euthanasia of sick, injured, homeless, or surrendered domestic pets or animals without the presence of a veterinarian when the person is administering the treatment in their capacity as an employee of an animal control shelter and its agencies or humane society and has received proper training in the administration of sodium pentobarbital for these purposes.

(5) Providing the following care to animals lawfully deposited with or impounded by a shelter not registered with the board pursuant to Section 4853:

(A) Administering preventative or prophylactic nonprescription vaccinations to the animal pursuant to protocols written by a veterinarian licensed in this state for the purposes of preventing the spread of communicable diseases, without the presence of a veterinarian when the person has received proper training in the administration of the nonprescription preventative or prophylactic vaccinations.

(B) Administering nonprescription medications to the animal pursuant to protocols written by a veterinarian licensed in this state, for the control or eradication of apparent or anticipated internal or external parasites, including, but not limited to, fleas, ticks, or worms, without the presence of a veterinarian when the person has received proper training in the administration of the nonprescription medications for the control or eradication of those internal or external parasites. A person’s decision to administer these medications shall not be construed to mean the person has made a diagnosis of the animal’s medical condition.

(C) Administering medications prescribed by a veterinarian licensed in the state to the animal without the presence of a veterinarian when the shelter has received a written treatment plan from the licensed veterinarian for that specific animal and has a dispensing protocol in place for the tracking of dispensed prescribed medications and when the person has received proper training in the administration of prescription medications.

(b) For the purposes of paragraph (5) of subdivision (a):

(1) “Proper training” means completing a training curriculum of at least four hours provided by a veterinarian licensed to practice in this state, and includes, but is not limited to, an overview of intake procedures and preventative medicine, recognizing when an animal is required to be seen by a veterinarian, prescription and nonprescription medications, humane animal restraint techniques, vaccination injection methods and procedures, and documentation.

(2) “Shelter” means a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter that is not registered with the board pursuant to Section 4853.

(c) A shelter providing care to an animal pursuant to this section that is not registered with the board pursuant to Section 4853 shall report to the board any adverse event resulting in significant impairment or death from the care provided, on a form prescribed by the board, including severe injuries, infections, and unintended reactions caused by the incorrect or inappropriate administration of a vaccine or medications.

4836.2.

(a) To obtain a veterinary assistant controlled substance permit in California, an individual shall satisfy the following requirements:

(1) Complete and submit an application furnished by the board.

(2) Pay the applicable fees specified in Section 4905.

(3) Pursuant to Section 144, submit a full set of fingerprints for the purpose of conducting a criminal history record check and undergoing a state and federal criminal offender record information search conducted through the Department of Justice, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state or federal response to the board pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.

(b) The applicant shall 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. License verification, including any disciplinary or enforcement history, shall be confirmed through electronic means or direct submission from each state, Canadian province, or United States territory in which the applicant has identified that the applicant holds or has ever held a license to practice veterinary medicine.

(c) A veterinary assistant controlled substance permit application shall be subject to denial pursuant to Sections 480 and 4883.

4839.

For purposes of this article, “registered veterinary technician” means a person who has met the requirements set forth in Section 4841.5 and is registered by the board.

4841.1.

This article shall not apply to students in a California veterinary technology program who perform the job tasks for registered veterinary technicians as part of their educational experience, including students both on and off campus acting under the direct supervision of a California licensed veterinarian, except that those students shall only administer controlled substances and perform drug compounding under the immediate supervision of a registered veterinary technician or California licensed veterinarian. For purposes of this section, “immediate supervision” means supervision by a person who is within audible and visual range of both the animal patient and the person being supervised.

4841.4.

(a) The board, by means of examination, shall determine the professional qualifications of all applicants who wish to register as veterinary technicians in California. A registration shall not be issued to anyone who has not demonstrated their competency by examination.

(b) The examination for veterinary technicians shall consist of a national licensing examination.

(c) 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.

4841.5.

(a) To obtain registration as a registered veterinary technician, the applicant shall satisfy the following requirements:

(1) Complete and submit an application upon a form furnished by the board.

(2) Pay the applicable fees specified in Section 4905.

(3) Pursuant to Section 144, submit a full set of fingerprints for the purpose of conducting a criminal history record check and undergo a state and federal criminal offender record information search conducted through the Department of Justice, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state or federal response to the board pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.

(4) Furnish satisfactory evidence of one of the following:

(A) Graduation from, at minimum, a two-year curriculum in veterinary technology, in a college or other postsecondary institution accredited by the American Veterinary Medical Association (AVMA). In the case of a private postsecondary institution, the institution shall also be approved by the Bureau for Private Postsecondary Education (BPPE). Proof of graduation shall be confirmed through electronic means or direct submission from the college, other postsecondary institution, or American Association of Veterinary State Boards (AAVSB).

(B) A combination of education and clinical practice experience, as determined by the board. All education shall be accredited by the AVMA or the Accrediting Commission for Community and Junior Colleges, or approved by the BPPE.

(C) Graduation from a veterinary college recognized by the board. Proof of graduation shall be confirmed through electronic means or direct submission from the veterinary college or the AAVSB.

(D) Education equivalency certified by the AAVSB’s Program for the Assessment of Veterinary Education Equivalence (PAVE) for Veterinary Technicians. The certificate of education equivalence shall be confirmed through electronic means or direct submission from the American Association of Veterinary State Boards.

(E) Education equivalency certified by the Educational Commission for Foreign Veterinary Graduates (ECFVG) or PAVE. The certificate of education equivalence shall be confirmed through electronic means or direct submission from ECFVG or PAVE.

(5) Pass the national licensing examination for veterinary technicians. If the applicant passed the national licensing examination over five years from the date of submitting the veterinary technician registration application, the applicant shall perform one of the following:

(A) Retake and pass the national licensing examination.

(B) Submit proof of having practiced clinical veterinary medicine for a minimum of two years and completed a minimum of 2,500 hours of clinical practice in another state, Canadian province, or United States territory within the three years immediately preceding filing an application for licensure in this state.

(C) Complete the minimum continuing education requirements of Section 4858.2 for the current and preceding year.

(b) The applicant shall 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. License verification, including any disciplinary or enforcement history, shall be confirmed through electronic means or direct submission from each state, Canadian province, or United States territory in which the applicant has identified that the applicant holds or has ever held a license to practice veterinary medicine.

(c) An application for veterinary technician registration shall be subject to denial pursuant to Sections 480 and 4883.

4842.

The board may deny a registered veterinary technician application if the applicant has done any of the following:

(a) Committed any act that would be grounds for the suspension or revocation of registration under this chapter.

(b) While unregistered, committed, or aided and abetted the commission of, any act for which a certificate of registration is required by this chapter.

(c) Knowingly made any false statement in the application.

(d) Been convicted of a crime substantially related to the qualifications, functions and duties of a registered veterinary technician.

(e) Committed any act that resulted in a revocation by another state of the applicant’s license, registration, or other procedure by virtue of which one is licensed or allowed to practice veterinary technology in that state.

4846.

(a) In order to obtain a license to practice veterinary medicine in California, an individual shall meet the following requirements:

(1) Graduate from a veterinary college recognized by the board or receive a certificate from the Educational Commission for Foreign Veterinary Graduates (ECFVG) or the Program for the Assessment of Veterinary Education Equivalence (PAVE). Proof of graduation shall be directly submitted to the board by the veterinary college or from the American Association of Veterinary State Boards (AAVSB). Proof of certificate shall be directly submitted to the board by ECFVG or PAVE.

(2) Complete a board-approved license application.

(3) Pay the applicable fees specified in Section 4905.

(4) As directed by the board pursuant to Section 144, submit a full set of fingerprints for the purpose of conducting a criminal history record check and undergo a state and federal criminal offender record information search conducted through the Department of Justice, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state or federal response to the board pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.

(5) Pass an examination consisting of the following:

(A) A licensing examination that is administered on a national basis. If the applicant passed the national licensing examination over five years from the date of submitting the California veterinarian license application, the applicant shall satisfy one of the following:

(i) Retake and pass the national licensing examination.

(ii) Submit proof of having practiced clinical veterinary medicine for a minimum of two years and completed a minimum of 2,500 hours of clinical practice in another state, Canadian province, or United States territory within the three years immediately preceding filing an application for licensure in this state.

(iii) Complete the minimum continuing education requirements of Section 4858.1 for the current and preceding year.

(B) A veterinary law examination administered by the board concerning the statutes and regulations of this chapter. The examination may be administered by regular mail, email, or by other electronic means. The applicant shall certify that the applicant personally completed the examination. Any false statement is a violation subject to Section 4831. Every applicant who obtains a score of at least 80 percent on the veterinary law examination shall be deemed to have passed. 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 this chapter shall be exempt from this subparagraph.

(b) The applicant shall disclose each state, Canadian province, or United States territory in which the applicant currently holds or has ever held a license to practice veterinary medicine. License verification, including any disciplinary or enforcement history, shall be confirmed through electronic means or direct submission from each state, Canadian province, or United States territory in which the applicant has identified the applicant holds or has ever held a license to practice veterinary medicine.

(c) A veterinarian license application shall be subject to denial pursuant to Sections 480, 4875, and 4883.

4848.1.

(a) A veterinarian engaged in the practice of veterinary medicine, as defined in Section 4826, employed by the University of California and engaged in the performance of duties in connection with the School of Veterinary Medicine or employed by the Western University of Health Sciences and engaged in the performance of duties in connection with the College of Veterinary Medicine shall be issued a university license pursuant to this section or hold a license to practice veterinary medicine in this state.

(b) An individual may apply for and be issued a university license if all of the following are satisfied:

(1) The applicant is currently employed by the University of California or Western University of Health Sciences, as defined in subdivision (a).

(2) The applicant passes an examination concerning the statutes and regulations of this chapter, administered by the board, pursuant to subparagraph (B) of paragraph (5) of subdivision (a) of Section 4846.

(3) The applicant completes and submits the application specified by the board and pays the application and the initial license fee, pursuant to Section 4905.

(c) A university license:

(1) Shall automatically cease to be valid upon termination or cessation of employment by the University of California or by the Western University of Health Sciences.

(2) Shall be subject to the license renewal provisions in Section 4900 and the payment of the renewal fee pursuant to subdivision (g) of Section 4905.

(3) Shall be subject to denial, revocation, or suspension pursuant to Sections 480, 4875, and 4883.

(4) Authorizes the holder to practice veterinary medicine only at an educational institution described in subdivision (a) and any locations formally affiliated with those institutions.

(d) An individual who holds a university license is exempt from satisfying the license renewal requirements of Section 4858.1.

4855.

(a) 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 copy of that record to the client or the client’s authorized agent within five days of receiving the client’s or the client’s authorized agent’s verbal or written request.

(b) If requested verbally or in writing by the client or the client’s authorized agent because the animal is in critical condition or direct transfer to another veterinary premises for medical care is recommended, the veterinarian, upon release of the animal patient from the veterinarian’s care, shall either:

(1) Provide a copy or summary of the written record to the client or the client’s authorized agent.

(2) If a written record is not available upon release of the animal patient, communicate information to facilitate continuity of care of the animal patient either to:

(A) The receiving veterinarian or veterinary premises.

(B) The client or the client’s authorized agent if the receiving veterinary premises is unknown.

(c) The minimum amount of information that shall be included in written records and summaries shall be established by the board.

(d) The minimum duration of time for which a registered veterinary premises shall retain the written record or a complete copy of the written record shall be determined by the board.

4855.1.

Within 30 days of receiving a written or verbal request by the client or their authorized agent for a record of client payments, the licensee manager of the veterinary premises shall provide a record of client payments made to the veterinary premises related to services and treatment provided. A record of client payments made to the veterinary premises related to services and treatments provided shall be maintained for a minimum of three years after the animal’s last visits.

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.

(c) The licensee manager for the registered veterinary premises shall make any records related to the services a veterinarian has provided on behalf of the registered veterinary premises available for inspection by that veterinarian.

4858.

(a) Except for the first renewal period, all holders of veterinarian licenses and veterinary technician registrations issued under the provisions of this chapter shall obtain continuing education relevant to developments in the practice of veterinary medicine.

(b) A person applying for renewal of their license or registration in active status shall certify, under penalty of perjury, that they are in compliance with this article, as applicable.

(c) 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 upon request for auditing purposes. If the board, during this audit, questions whether any course reported by the applicant satisfies the continuing education requirement, the applicant shall provide information to the board concerning the content of the course, course hours, and the name of its sponsor and cosponsor.

(d) An applicant may apply for an inactive license or to restore an inactive license under the provisions of Article 9 (commencing with Section 700) of Chapter 1.

(e) Notwithstanding Section 4858.1, the board, in its discretion, may exempt from the continuing education requirement an applicant 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.

4858.1.

(a) The board shall issue renewed veterinarian licenses only to those applicants who have completed a minimum of 36 hours of continuing education in the preceding two years.

(b) Continuing education hours for veterinarians shall be earned as follows:

(1) Attending courses relevant to veterinary medicine and sponsored or cosponsored by any of the following:

(A) The American Veterinary Medical Association (AVMA), its accredited veterinary medical colleges, or its recognized specialty or affiliated allied groups or educational organizations.

(B) State veterinary medical associations or their affiliated associations or educational organizations.

(C) Federal, state, or local government agencies.

(D) Providers accredited, approved, or recognized by the Accreditation Council for Continuing Medical Education (ACCME), American Medical Association (AMA), American Dental Association Continuing Education Recognition Program (ADA CERP), or American Association of Veterinary State Boards (AAVSB).

(2) A total of 6 hours or fewer of the required 36 hours of continuing education may be earned by doing either of the following, or a combination thereof:

(A) Up to six hours may be earned by taking self-study courses, which may include, but are not limited to, reading journals, viewing video recordings, or listening to audio recordings.

(B) Up to four hours may be earned by providing pro bono spaying or neutering services for a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in compliance with the following:

(i) The services shall be performed at a veterinary premises registered with the board pursuant to Section 4853.

(ii) Proof of completion of continuing education pursuant to this subparagraph shall be documented by the director or administrator of the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group, with a copy provided to the veterinarian, and include the date of performing the spaying and neutering services, the name, address, and telephone number of the entity for which the spaying and neutering services were provided, and the name, address, and veterinary premises registration where the spaying and neutering services were performed.

(3) A veterinarian who teaches a course specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (b) may receive continuing education credit for the course one time during a renewal period.

(4) Up to 16 hours of continuing education credit may be earned by participating as an expert in an examination preparation workshop for the national licensing examination.

(5) Up to 24 hours of continuing education credit may be earned for completing courses in business practice management or licensee mental health and wellness and its impact on the delivery of veterinary services.

(6) Up to one hour of continuing education credit may be earned by passing the Veterinary Law Examination (VLE).

(7) Up to two hours of continuing education credit may be earned by attending a board of Veterinary Medicine Multidisciplinary Advisory Committee meeting, as verified by the board.

(c) Providers offering continuing education courses pursuant to paragraph (1) or (2) of subdivision (b) shall comply with the requirements of Section 4858.3.

(d) For good cause, the board may adopt an order specifying, on a prospective basis, that a course provider authorized pursuant to paragraph (1) or (2) of subdivision (b) is no longer an acceptable provider.

(e) (1) A licensed veterinarian who renews their license shall complete a minimum of one credit hour of continuing education on the judicious use of medically important antimicrobial drugs every four years as part of their continuing education requirements.

(2) For purposes of this subdivision, “medically important antimicrobial drug” means an antimicrobial drug listed in Appendix A of the federal Food and Drug Administration’s Guidance for Industry #152, including critically important, highly important, and important antimicrobial drugs, as that appendix may be amended.

4858.2.

(a) The board shall issue renewed veterinary technician registrations only to those applicants who have completed a minimum of 20 hours of continuing education in the preceding two years.

(b) Continuing education hours for registered veterinary technicians shall be earned as follows:

(1) Attending courses provided by those specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (b) of Section 4858.1 or sponsored or cosponsored by one of the following:

(A) National Association of Veterinary Technicians in America (NAVTA) recognized veterinary technician specialty organizations.

(B) State veterinary technician associations recognized by the secretary of state in that state.

(2) Up to 4 hours of the required 20 hours of continuing education may be earned by doing either of the following, or a combination thereof:

(A) Up to four hours may be earned by taking self-study courses, which may include, but are not limited to, reading journals, viewing video recordings, or listening to audio recordings.

(B) Up to two hours may be earned by performing pro bono animal health care tasks related to spaying or neutering services for a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in compliance with the following:

(i) The services shall be performed under the direct supervision of a licensed veterinarian at a veterinary premises registered with the board pursuant to Section 4853.

(ii) Proof of completion of continuing education pursuant to this subparagraph shall be documented, with a copy provided to the registered veterinary technician, by the supervising veterinarian and include the date of performance of animal health care tasks, the name, address, and telephone number of the entity for which the animal health care tasks were provided, the name and veterinarian license number of the supervising veterinarian, and the name, address, and veterinary premises registration where the animal health care tasks were performed.

(3) A registered veterinary technician who teaches a course described in paragraph (1) of subdivision (b) may receive continuing education credit for the course one time during a renewal period.

(4) Up to nine hours of continuing education credit may be earned by participating as an expert in an examination preparation workshop for the national licensing examination.

(5) Up to 13 hours of continuing education credit may be earned for completing courses in business practice management or mental health and wellness and its impact on the delivery of veterinary services.

(6) Up to one hour of continuing education credit may be earned by passing the Veterinary Law Examination.

(7) Up to two hours of continuing education credit may be earned by attending a board or Veterinary Medicine Multidisciplinary Advisory Committee meeting, as verified by the board.

(c) Providers offering continuing education courses pursuant to paragraph (1) or (2) of subdivision (b) shall comply with the requirements of Section 4858.3.

(d) For good cause, the board may adopt an order specifying, on a prospective basis, that a continuing education source authorized pursuant to paragraph (1) or (2) of subdivision (b) is no longer an acceptable source.

4858.3.

(a) Upon a course attendee’s completion of a continuing education course sponsored by a provider pursuant to paragraph (1) of subdivision (b) of Section 4858.1 or paragraph (1) of subdivision (b) of Section 4858.2, as applicable, the course provider shall issue to the course attendee a certificate of course completion containing the following:

(1) The name of the attendee.

(2) The course title.

(3) The provider name and address.

(4) The provider number assigned by the entity accrediting, approving, or recognizing the course provider, if applicable, and the name of that entity.

(5) The date of the course.

(6) The number of continuing education hours granted for the course.

(7) The signature of the course instructor, provider, or provider designee.

(b) For providers that hold continuing education events with multiple and concurrent courses, the record of course completion shall specify both of the following:

(1) The information specified in paragraphs (1) to (7), inclusive, of subdivision (a).

(2) The maximum number of hours offered at the continuing education event, accompanied by a log of the actual courses attended by the attendee. The log of courses attended shall be completed by either the provider or the attendee.

(c) The course provider shall maintain records related to continuing education courses provided for a period of four years from the date the course was completed. The records shall include:

(1) Syllabi or course outlines for each course.

(2) The time and location of each course.

(3) Course instructors’ curriculum vitae or resumes.

(4) Registration rosters with the names and addresses of individuals who attended the courses.

(5) A sample of the record of course completion form provided to attendees for verifying attendance.

(6) A sample of the evaluation form completed by attendees.

4875.

In addition to its authority to suspend or revoke a license, registration, or permit, the board shall have the authority to assess a fine not in excess of five thousand dollars ($5,000) against a licensee, registrant, or permitholder for any of the causes specified in Section 4883. A fine may be assessed in lieu of or in addition to a suspension or revocation. Notwithstanding Section 4903, all fines collected pursuant to this section shall be deposited to the credit of the California Veterinary Medical Board Contingent Fund.

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 individuals 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 paragraph (1):

(1) Negligence or incompetence that involves death or serious bodily injury to an animal patient, such that the individual represents a danger to the public.

(2) Cruelty to animals.

(3) A conviction or convictions for a criminal charge or charges or being subject to a felony criminal proceeding without consideration of the outcome of the proceeding.

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

(5) Drug or alcohol abuse by an individual involving death or serious bodily injury to an animal patient or to the public.

(6) Self-prescribing of any dangerous drug, as defined in Section 4022, or any controlled substance, as defined in Section 4021.

(7) Repeated acts of excessive prescribing, furnishing, or administering of controlled substances, as defined in Section 4021, or repeated acts of prescribing, dispensing, or furnishing of controlled substances, as defined in Section 4021, without having first established a veterinarian-client-patient relationship pursuant to Section 4826.6.

(8) Extreme departures from minimum sanitary conditions such that there is a threat to an animal patient or the public and animal health and safety, only if the case has already been subject to Section 494 and board action.

(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).

4875.2.

If, upon completion of an investigation, the executive officer has probable cause to believe that a veterinarian, registered veterinary technician, veterinary assistant controlled substance permitholder, or veterinary premises registration holder has violated provisions of this chapter, the executive officer may issue a citation to the veterinarian, registered veterinary technician, veterinary assistant controlled substance permitholder, or veterinary premises registration holder in accordance with Section 125.9 and the board’s regulations established pursuant thereto.

4875.7.

(a) Notwithstanding paragraph (3) of subdivision (b) of Section 125.9 and Section 148, the executive officer may issue a citation to a person or entity, and that person or entity shall be subject to an administrative fine of no less than two thousand dollars ($2,000) and not exceeding ten thousand dollars ($10,000) for each violation of practicing or offering to practice veterinary medicine without a license, registration, or permit issued by the board pursuant to this chapter. The maximum fine for unlicensed activity is separate and not inclusive of fines for other violations.

(b) Administrative fines collected pursuant to this section shall be deposited in accordance with Section 4903.

4882.

(a) The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have the powers granted therein.

(b) Notwithstanding subdivision (b) of Section 11415.60 of the Government Code, a licensee, registrant, or permitholder may enter into a settlement to resolve an administrative action, including through license, registration, or permit surrender, suspension or revocation, or placing the license, registration, or permit on probation, instead of a commencement of proceedings pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. That settlement shall be subject to board approval or a counteroffer of terms of the settlement action. At any time prior to the issuance of a decision and order by the board adopting the settlement, the licensee, registrant, or permitholder may withdraw the settlement and request a commencement of proceedings pursuant to subdivision (a). The decision and order adopting the settlement shall be considered discipline and shall be posted on the board’s internet website.

4883.

The board may deny, revoke, suspend, or place on probation a license, registration, or permit 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 the licensee’s, registrant’s, or permitholder’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, registration, or permit to be suspended or revoked, or assess a fine, or decline to issue a license, registration, or permit 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, 1210.1, or 3063.1 of the Penal Code allowing the person to withdraw a 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 oneself, 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 issued a license, registration, or permit under this chapter, or to any other person or to the public, or to the extent that the use impairs the ability of the licensee, registrant, or permitholder to conduct with safety the practice authorized by the license, registration, or permit.

(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, registration, or permit to be suspended or revoked or assess a fine, or may decline to issue a license, registration, or permit 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, 1210.1, or 3063.1 of the Penal Code allowing the person to withdraw a 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, including antimicrobial drugs in animal feed, or controlled substances.

(h) Failure to keep the licensee’s or registrant’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, registration, or permit.

(l) The revocation, suspension, or other discipline by another state or territory of a license, certificate, or registration to practice veterinary medicine or as a veterinary technician 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 or the practice of a veterinary technician, or veterinary assistant controlled substance permitholder.

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

(p) Accepting, soliciting, or offering any form of remuneration from or to a cannabis licensee if the veterinarian or the veterinarian’s immediate family have a financial interest with the cannabis licensee. For purposes of this subdivision, the following definitions shall apply:

(1) “Cannabis licensee” shall have the same meaning as “licensee” in Section 26001.

(2) “Financial interest” shall have the same meaning as in Section 650.01.

(q) Discussing or recommending cannabis for use with a client while the veterinarian is employed by, or has an agreement with, a cannabis licensee. For purposes of this subdivision, “cannabis licensee” shall have the same meaning as “licensee” in Section 26001.

(r) Distributing any form of advertising for cannabis in California.

(s) Making any statement, claim, or advertisement that the licensee or registrant is a veterinary specialist or board certified unless they are certified by an American Veterinary Medical Association-Recognized Veterinary Specialty Organization or a National Association of Veterinary Technicians in America-Recognized Veterinary Specialty Organization.

(t) Exercising control over, interfering with, or attempting to influence the professional judgment of another California-licensed veterinarian or registered veterinary technician through coercion, extortion, inducement, collusion, or intimidation through any means, including, but not limited to, compensation, in order to require the other California-licensed veterinarian or registered veterinary technician to perform veterinary services in a manner inconsistent with current veterinary medical practice in this state.

4883.

The board may deny, revoke, suspend, or place on probation a license, registration, or permit 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 the licensee’s, registrant’s, or permitholder’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, registration, or permit to be suspended or revoked, or assess a fine, or decline to issue a license, registration, or permit 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, 1210.1, or 3063.1 of the Penal Code allowing the person to withdraw a 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 oneself, 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 issued a license, registration, or permit under this chapter, or to any other person or to the public, or to the extent that the use impairs the ability of the licensee, registrant, or permitholder to conduct with safety the practice authorized by the license, registration, or permit.

(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, registration, or permit to be suspended or revoked or assess a fine, or may decline to issue a license, registration, or permit 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, 1210.1, or 3063.1 of the Penal Code allowing the person to withdraw a 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, including antimicrobial drugs in animal feed, or controlled substances.

(h) Failure to keep the licensee’s or registrant’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, registration, or permit.

(l) The revocation, suspension, or other discipline by another state or territory of a license, certificate, or registration to practice veterinary medicine or as a veterinary technician 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 or the practice of a veterinary technician, or veterinary assistant controlled substance permitholder.

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

(p) Accepting, soliciting, or offering any form of remuneration from or to a cannabis licensee if the veterinarian or the veterinarian’s immediate family have a financial interest with the cannabis licensee. For purposes of this subdivision, the following definitions shall apply:

(1) “Cannabis licensee” shall have the same meaning as “licensee” in Section 26001.

(2) “Financial interest” shall have the same meaning as in Section 650.01.

(q) Discussing or recommending cannabis for use with a client while the veterinarian is employed by, or has an agreement with, a cannabis licensee. For purposes of this subdivision, “cannabis licensee” shall have the same meaning as “licensee” in Section 26001.

(r) Distributing any form of advertising for cannabis in California.

(s) Making any statement, claim, or advertisement that the licensee or registrant is a veterinary specialist or board certified unless they are certified by an American Veterinary Medical Association-Recognized Veterinary Specialty Organization or a National Association of Veterinary Technicians in America-Recognized Veterinary Specialty Organization.

(t) Exercising control over, interfering with, or attempting to influence the professional judgment of another California-licensed veterinarian or registered veterinary technician through coercion, extortion, inducement, collusion, or intimidation through any means, including, but not limited to, compensation, in order to require the other California-licensed veterinarian or registered veterinary technician to perform veterinary services in a manner inconsistent with current veterinary medical practice in this state.

(u) Performing a surgical claw removal, declawing, onychectomy, or a tendonectomy on any feline or otherwise altering a feline’s toes, claws, or paws to prevent or impair the normal function of the feline’s toes, claws, or paws for any reason other than a therapeutic purpose.

4885.

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 is deemed to be a conviction within the meaning of this article. The board may order the license, registration, or permit to be suspended or revoked, or assess a fine as provided in Section 4883 or may decline to issue a license, registration, or permit 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 the provisions of Section 1203.4, 1210.1, or 3063.1 of the Penal Code allowing that person to withdraw their 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.

4886.

In reinstating a license, registration, or permit that has been revoked or suspended under Section 4883, the board may impose terms and conditions to be followed by the licensee, registrant, or permitholder after the license, registration, or permit has been reinstated. The authority of the board to impose terms and conditions includes, but is not limited to, the following:

(a) Requiring the licensee, registrant, or permitholder to obtain additional professional training and to pass an examination upon completion of the training.

(b) Requiring the licensee, registrant, or permitholder to pass a verbal, written, practical, or clinical examination, or any combination of those examinations, to determine their present fitness to engage in the practice of veterinary medicine.

(c) Requiring the licensee, registrant, or permitholder to submit to a complete diagnostic examination by one or more physicians appointed by the board. If the board requires the licensee, registrant, or permitholder to submit to that examination, the board shall receive and consider any other report of a complete diagnostic examination given by one or more physicians of the licensee’s, registrant’s, or permitholder’s choice.

(d) Restricting or limiting the extent, scope, or type of practice of the licensee, registrant, or permitholder.

4887.

(a) (1) A person whose license or registration has been revoked or who has been placed on probation may petition the board for reinstatement or modification of penalty including modification or termination of probation after the period as described below in subparagraphs (A) to (C), inclusive, has elapsed from the effective date of the decision ordering the disciplinary action. The petition shall state facts as required by the board. The period shall be as follows:

(A) At least three years for reinstatement of a surrendered or revoked license.

(B) At least two years for early termination or modification of probation of three years or more.

(C) At least one year for modification of a condition or termination of probation of less than three years.

(2) Notwithstanding paragraph (1), the board may, upon a showing of good cause, specify in a revocation order, a surrender order, or an order imposing probation of more than three years that the person may petition the board for reinstatement or modification or termination of probation after one year.

(b) The petition shall be accompanied by both of the following:

(1) At least two verified recommendations from veterinarians licensed by the board who have personal knowledge of the activities of the petitioner since the disciplinary penalty was imposed.

(2) A full set of fingerprints for purposes of conducting a criminal history record check.

(c) The petition shall be heard by the board. The board may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioner’s activities since the license or registration was in good standing, and the petitioner’s rehabilitation efforts, general reputation for truth, and professional ability. The hearing may be continued from time to time as the board finds necessary.

(d) The board reinstating the license or registration or modifying a penalty may impose terms and conditions as it determines necessary. To reinstate a revoked license or registration or to otherwise reduce a penalty or modify probation shall require a vote of five of the members of the board.

(e) The petition shall not be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. The board may deny without a hearing or argument any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section.

4901.2.

(a) A revoked or surrendered license, registration, or permit is subject to expiration as provided in this article, but it shall not be renewed. If it is reinstated after its expiration, the licensee, registrant, or permitholder, as a condition precedent to reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated plus the delinquency fee, if any, accrued at the time of its revocation.

(b) If reinstatement fees, delinquency fees, or reimbursement of costs of prosecution and enforcement, as applicable, are not paid by a petitioner pursuant to Section 4887 within one year of the effective date of a decision reinstating the license, registration, or permit, the petition shall be deemed abandoned, and the license, registration, or permit shall not be reinstated as ordered by the decision.

4902.

A license, registration, or permit that is not renewed within five years after its expiration shall be canceled and shall not be renewed, restored, reissued, or reinstated thereafter, but the licensee, registrant, or permitholder may apply for and obtain a new license, registration, or permit if the person applies for a license, registration, or permit as a new applicant and meets all of the requirements for the license, registration, or permit.

4905.

(a) For purposes of this section, the following definitions apply:

(1) “Small veterinary premises” means a veterinary premises where up to three full-time equivalent veterinarians provide veterinary services.

(2) “Medium veterinary premises” means a veterinary premises where four to eight full-time equivalent veterinarians provide veterinary services.

(3) “Large veterinary premises” means a veterinary premises where nine or more full-time equivalent veterinarians provide veterinary services.

(b) The following fees shall be collected by the board and shall be credited to the California Veterinary Medical Board Contingent Fund:

(1) The veterinarian license application fee shall not exceed five hundred forty dollars ($540).

(2) The California Veterinary Medicine Practice Act course fee shall not exceed one hundred fifty-five dollars ($155).

(3) The initial veterinarian license fee shall not exceed eight hundred dollars ($800).

(4) The biennial veterinarian license renewal fee shall not exceed eight hundred dollars ($800).

(5) The university licensee application fee shall not exceed five hundred forty dollars ($540).

(6) The initial university license fee shall not exceed eight hundred dollars ($800).

(7) The biennial university licensee renewal fee shall not exceed eight hundred dollars ($800).

(8) The initial small veterinary premises registration fee shall not exceed eight hundred forty dollars ($840) annually.

(9) The annual small veterinary premises registration renewal fee shall not exceed nine hundred ten dollars ($910).

(10) The initial medium veterinary premises registration fee shall not exceed one thousand one hundred twenty dollars ($1,120).

(11) The annual medium veterinary premises registration renewal fee shall not exceed one thousand one hundred ninety dollars ($1,190).

(12) The initial large veterinary premises registration fee shall not exceed one thousand six hundred seventy-five dollars ($1,675).

(13) The annual large veterinary premises registration renewal fee shall not exceed one thousand seven hundred forty-five dollars ($1,745).

(14) The registered veterinary technician application fee shall not exceed three hundred dollars ($300).

(15) The initial registered veterinary technician registration fee shall not exceed three hundred dollars ($300).

(16) The biennial registered veterinary technician renewal fee shall not exceed three hundred dollars ($300).

(17) The veterinary assistant controlled substance permit application fee shall not exceed three hundred dollars ($300).

(18) The veterinary assistant controlled substance permit fee shall not exceed three hundred dollars ($300).

(19) The biennial veterinary assistant controlled substance permit renewal fee shall not exceed three hundred dollars ($300).

(20) All license, registration, and permit delinquency fees shall be 50 percent of the renewal fee in effect on the date of the renewal, but shall not be less than fifty dollars ($50) nor more than one hundred fifty dollars ($150).