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(d) 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. Jan. 1, 2017.). July 6, 1995. Amended by Stats.1947, c. 1057, p. 2455, § 1; Stats.1959, c. 1645, p. 4023, § 18; Stats.1967, c. 535, p. 1886, § 4; Stats.1995, c. 60 (S.B.42), § 8, eff. (Added by Stats.1978, c. 1314, p. 4302, § 6.). (3) Abstention from the use of alcohol or drugs. (b) No fact, circumstance, or condition exists which, if the certificate of registration were issued, would justify its revocation or suspension. March 21, 1984.). The current policy guidelines are as follows: How can I get a copy of my pet's medical records? Repealed by Stats.1979, c. 522, p. 1714, § 1, § 4809.6. Probation of licensee or registrant; authorized discipline. Jan. 1, 2017.). Amended by Stats.1988, c. 810, § 2; Stats.1991, c. 654 (A.B.1893), § 47; Stats.1995, c. 60 (S.B.42), § 37, eff. Jan. 1, 2017; Stats.2018, c. 571 (S.B.1480), § 27, eff. Dogs over four (4) months of age must have documentation proving current rabies vaccination. Amended by Stats.2004, c. 467 (S.B.1548), § 10; Stats.2008, c. 529 (S.B.1584), § 15.). (b) Separate records for companion animals shall be kept for each animal. (h) Failure to keep the licensee's or registrant's premises and all equipment therein in a clean and sanitary condition. (b) Requiring the licensee or registrant to submit to a complete diagnostic examination by one or more physicians appointed by the board. Investigation and prosecution; priority, § 4875.2. Excerpts from The Confidentiality of Medical Information Act (Civil Code 56 et seq.) Bus. (3) The examinations may be given at the same time or at different times as determined by the board. Probationary registration; terms and conditions, § 4845.5. Have you ever written “routine spay” or “standard closure” or “usual protocol” in a chart? (a) The board shall adopt regulations establishing animal health care tasks and an appropriate degree of supervision required for those tasks that may be performed only by a registered veterinary technician or a licensed veterinarian. All fees collected on behalf of the board and all receipts of every kind and nature shall be reported each month for the month preceding to the Controller and at the same time the entire amount shall be paid into the State Treasury and shall be credited to the Veterinary Medical Board Contingent Fund. 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. (Added by Stats.1937, c. 933, p. 2567. The board may hold meetings that are necessary for the transaction of business. Depending on the circumstances of the bite event or exposure, a fee may be assessed for the processing and establishment of an animal quarantine. Oct. 10, 2015; Stats.2016, c. 484 (S.B.1193), § 48, eff. Veterinary assistant controlled substance permit applications; fees; denial, suspension, or revocation of permit; issue probationary permit; grounds; procedures; submission of fingerprint images and related information; criminal history checks. (2) A process to obtain a standard registration for applicants who were issued a probationary registration. (Added by Stats.1965, c. 1376, p. 3281, § 3. (a) An attending or on-call veterinarian at a rodeo event shall, pursuant to Section 596.7 of the Penal Code, report to the board any animal injury at the event requiring veterinary treatment within 48 hours of the conclusion of the rodeo. Amended by Stats.2010, c. 538 (A.B.1980), § 7; Gov.Reorg.Plan No. The Department of Justice shall review any information returned to it from the Federal Bureau of Investigation and compile and disseminate a response to the board summarizing that information. (1) Shall be numbered as described in Section 4847. Amended by Stats.1984, c. 1635, § 19; Stats.1991, c. 1032 (A.B.1429), § 3; Stats.1995, c. 60 (S.B.42), § 38, eff. (e) Committed any act that resulted in a revocation by another state of his or her license, registration, or other procedure by virtue of which one is licensed or allowed to practice veterinary technology in that state. One or more diversion evaluation committees is hereby authorized to be established by the board. (a) The board shall, in the manner prescribed in Section 4808, adopt regulations covering the assessment of civil penalties under this article which give due consideration to the appropriateness of the penalty with respect to the following factors: (1) The gravity of the violation, including, but not limited to, whether the violation is minor. 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. An applicant for the renewal of a registration 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. The board may adopt regulations to provide for the waiver or refund of the initial registration fee where the registration is issued less than 45 days before the date on which it will expire. (Added by Stats.1974, c. 1223, p. 2659, § 1. (c) For purposes of paragraph (3) of subdivision (a), the board may inspect temporary facilities established pursuant to this section. Reinstatement; terms and conditions, § 4887. (Added by Stats.1937, c. 933, p. 2567. Effective with the 1976 renewal period, if the board determines that the public health and safety would be served by requiring all registrants under the provisions of this article to continue their education after receiving such registration, it may require, as a condition of renewal, that they submit assurances satisfactory to the board that they will, during the succeeding renewal period, inform themselves of the developments in the field of animal health technology since the issuance of their certificate of registration by pursuing one or more courses of study satisfactory to the board or by other means deemed equivalent by the board. Upon conclusion of the board designee's review, the designee shall prepare a finding of fact and a recommendation. (c) Administers a drug, medicine, appliance, application, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of animals, except where the medicine, appliance, application, or treatment is administered by a registered veterinary technician or a veterinary assistant at the direction of and under the direct supervision of a licensed veterinarian subject to Article 2.5 (commencing with Section 4832) or where the drug, including, but not limited to, a drug that is a controlled substance, is administered by a registered veterinary technician or a veterinary assistant pursuant to Section 4836.1. The Governor may, in his judgment, remove any member of the board for neglect of duty or other sufficient cause, after due notice and hearing. The board may order the license or registration to be suspended or revoked, or assess a fine, or decline to issue a license or registration, 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 his or her 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. (d) It shall be noted in the medical record of the animal patient if the consultation described in this section is provided or declined by the client or his or her agent. Continuing education; rules and regulations, § 4839.5. July 6, 1995; Stats.2012, c. 239 (A.B.1839), § 10.). Family Health; Breastfeeding; Genetic Disease Screening; Mental Health; Nutrition and Physical Activity; Pregnancy and Reproductive Health; Women, Infants, and Children. (2) “Multidisciplinary committee” means the Veterinary Medicine Multidisciplinary Advisory Committee established pursuant to Section 4809.8. Each member of a diversion evaluation committee shall receive per diem and expenses as provided in Section 103. CREDIT(S) (Added by Stats.1982, c. 870, p. 3230, § 1.). (a) There is in the Department of Consumer Affairs a Veterinary Medical Board in which the administration of this chapter is vested. The Knox-Keene Act requires that HMO medical records be maintained for a minimum of two years under Title 28 of the California Code of Regulations (CCR) section 1300.67.8 (b). (e) Failure of a licensee or registrant to pay a civil penalty within 30 days of the date of receipt of the assessment, unless the citation is being appealed, may result in disciplinary action being taken by the board. Notwithstanding the provisions of Section 4903, all fines collected pursuant to this section shall be deposited to the credit of the Veterinary Medical Board Contingent Fund. Think this could never happen to you? (Added by Stats.1980, c. 465, p. 974, § 1. 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. California medical records laws state that a patient's information may not be disclosed without authorization unless it is pursuant to a court order, or for purposes of communicating important medical data to other health care providers, insurers, and other interested parties. Renewal of expired certificates, § 4844. Amended by Stats.1978, c. 1161, p. 3674, § 270; Stats.1995, c. 60 (S.B.42), § 21, eff. (d) Renewal under this section shall be effective on the date on which the application is filed, on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever occurs last. Amended by Stats.2015, c. 556 (A.B.316), § 1, eff. How long do we need to keep medical records? Expiration of licenses or registrations; birth date renewal; renewal of unexpired license or registration; fee; effective date of renewal. Record of animals receiving veterinary services, § 4856. The form of the certificate shall be determined by the board. (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. (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. Amended by Stats.1978, c. 1161, p. 3585, § 272; Stats.1995, c. 60 (S.B.42), § 31, eff. If, upon completion of an investigation, the executive officer has probable cause to believe that a veterinarian, a registered veterinary technician, or an unlicensed person acting as a veterinarian or a registered veterinary technician has violated provisions of this chapter, he or she may issue a citation to the veterinarian, registered veterinary technician, or unlicensed person, as provided in this section. Income; no accrual to disqualified person, § 4915. (Added by Stats.1991, c. 1032 (A.B.1429), § 2. Renewal of certification; certificates expired five years or more, § 4845. (6) Unlicensed personnel employed by the Department of Food and Agriculture or the United States Department of Agriculture when in the course of their duties they are directed by a veterinarian supervisor to conduct an examination, obtain biological specimens, apply biological tests, or administer medications or biological products as part of government disease or condition monitoring, investigation, control, or eradication activities. July 6, 1995; Stats.2009, c. 80 (A.B.107), § 12. (Added by Stats.1937, c. 933, p. 2567. The board may deny, revoke, or suspend a license or registration 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. Florida requires veterinarians to retain medical records for a minimum of three years after the last patient treatment entry, terminated their practice or relocated their practice.10 In the event of the veterinarian’s death, their executor should retain the records for two years from the date of their death.11 Though certainly good guidelines, your particular facility or practice may have more specific guidelines you are … The citation shall be served upon the veterinarian, registered veterinary technician, or unlicensed individual personally or by any type of mailing requiring a return receipt. (3) Two or more board-certified specialists are on the staff of the veterinary practice. 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. Amended by Stats.1975, c. 762, p. 1775, § 4; Stats.1978, c. 609, p. 2049, § 4; Stats.1985, c. 612, § 1; Stats.1992, c. 626 (S.B.663), § 1; Stats.2004, c. 467 (S.B.1548), § 8; Stats.2008, c. 529 (S.B.1584), § 4.). 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. March 21, 1984.). No person shall use the title “registered veterinary technician” or “veterinary technician,” or any other words, letters, or symbols, including, but not limited to, the abbreviation “R.V.T.,” with the intent to represent that the person is authorized to act as a registered veterinary technician, unless that person meets the requirements of Section 4839. 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. (5) The applicant completes an approved educational curriculum on regionally specific and important diseases and conditions. (3) A violation of any federal statute, rule, or regulation or any of the statutes, rules, or regulations of this state regulating dangerous drugs or controlled substances. (i) The biennial renewal fee for a university license shall be two hundred ninety dollars ($290), which may be revised by the board in regulation but shall not exceed five hundred dollars ($500). Credits(Added by Stats.1999, c. 418 (S.B.490), § 1. The register shall be prima facie evidence of all matters contained therein. (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. (e) Employment of anyone but a veterinarian licensed in the state to demonstrate the use of biologics in the treatment of animals. Graduate of veterinary college; prohibited from veterinary technician tasks without licensure or registration as veterinary technician, § 4842.1. Veterinary assistant controlled substance permit applications; fees; denial, suspension, or revocation of permit; issue probationary permit; grounds; procedures; submission of fingerprint images and related information; criminal history checks, § 4836.3. (Added by Stats.1937, c. 933, p. 2567. Graduates from unrecognized colleges; deficiency in qualifications; remedial requirements, § 4846.4. (Added by Stats.2010, c. 538 (A.B.1980), § 3.). This section shall not grant immunity from civil damages when the registered veterinary technician is grossly negligent. (b)(1) Notwithstanding any other 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. Report of animal abuse or cruelty; civil liability, § 4830.8. (Added by Stats.1998, c. 1070 (S.B.2003), § 2. A veterinarian who on his or her own initiative, at the request of an owner, or at the request of someone other than the owner, renders emergency treatment to a sick or injured animal at the scene of an accident shall not be liable in damages to the owner of that animal in the absence of gross negligence. (c) The board may adopt regulations, as needed, to define subdivision (c) of Section 4840, including, but not limited to, procedures for citations and fines, in accordance with Section 125.9. (f) Any charge made for duplication or other services shall be set at the cost of rendering the services. The board shall administer the provisions of this article. Repealed by Stats.2010, c. 538 (A.B.1980), § 15, operative Jan. 1, 2012. Veterinary medical board contingent fund; deposit, § 4842.6. However, an application for a new premise registration may be submitted and obtained if both of the following conditions are met: (a) No fact, circumstance, or condition exists that, if the premise registration was issued, would justify its revocation or suspension. (ca 2020) $ 8,494,955,000 Home Loan Funds Issued to Veterans Revocation, suspension, or denial at any time; statement of reasons for denial; criminal history record; time for hearing (a) Notwithstanding Sections 4837 and 4842.6 or any other provision of law, the board may revoke, suspend, or deny at any time a registration under this article on any of the grounds for disciplinary action provided in this article. (d) 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 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. July 6, 1995; Stats.2009, c. 80 (A.B.107), § 10.). (4) The program undergoes annual evaluation and is approved by one or more existing organizations officially recognized for that purpose by the board. Be . Qualifications of members; limit on number of terms, § 4802. CREDIT(S) (Added by Stats.1982, c. 870, p. 3231, § 1. (D) The supervising veterinarian shall be responsible to ensure that accurate and complete records of MSM treatments are maintained in the patient's veterinary medical record. (B) The temporary shelter facility provides veterinary medical care, shelter, food, and water only to animals that are affected by the investigation. The fees related to the administration of this section shall not exceed the costs of administering the corresponding provisions of this section. The board may deny an application to take a written and practical examination for registration as a registered veterinary technician if the applicant has done any of the following: (a) Committed any act which would be grounds for the suspension or revocation of registration under this chapter. (e) This section shall become operative on the date Section 4836.2 becomes operative. Per diem and expense - § 4835. Amended by Stats.2008, c. 529 (S.B.1584), § 7. (2) The good faith of the person being charged. Amended by Stats.1978, c. 1161, p. 3676, § 273; Stats.2001, c. 306 (A.B.446), § 4.). Repealed by Stats.2010, c. 538 (A.B.1980), § 15, operative Jan. 1, 2012, § 4836.1. (m) Cruelty to animals, conviction on a charge of cruelty to animals, or both. (e) The board shall have the right to audit the records of all applicants to verify the completion of the continuing education requirement. 2520 CHAPTER 101 An act to amend Sections 123105 and 123110 of, and to add Section 123114 to, the Health and Safety Code, relating to medical records. (2) Notwithstanding paragraph (1), a total of six hours or less 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. The committee shall also include one veterinarian member of the board, to be appointed by the board president, and the registered veterinary technician member of the board. (2) Provides the board's criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs. (B) The student has prior training in diagnosis, treatment, and surgery as part of the formal curriculum. (g) The fee for filing an application for approval of a school or institution offering a curriculum for training registered veterinary technicians pursuant to Section 4843 shall be set by the board at an amount not to exceed three hundred dollars ($300). (Added by Stats.1974, c. 1223, p. 2658, § 1. (2) Dispense or prescribe a dangerous drug or device, as defined in Section 4022, in reasonable quantities where failure to provide services or medications, including controlled substances, may result in loss of life or intense suffering of the animal patient. In most states, veterinarians, like physicians, are required by law to keep the medical records of their patients confidential, unless their client — the patient’s owner — authorizes the release of the medical records, or the records are requested by the State Board of Veterinary Medical Examiners or as ordered by a court. If the veterinarian, registered veterinary technician, or unlicensed person desires to administratively contest under subdivision (c) a decision made after the informal conference, he or she shall inform the executive officer in writing within 30 calendar days after he or she receives the decision resulting from the informal conference. July 6, 1995.). (a) Each individual registered 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. ), § 4884. July 6, 1995; Stats.1997, c. 380 (S.B.80), § 2; Stats.1998, c. 485 (A.B.2803), § 1; Stats.2012, c. 239 (A.B.1839), § 7.). Amended by Stats.1978, c. 609, p. 2048, § 2; Stats.1995, c. 60 (S.B.42), § 19, eff. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. 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 board may appoint a program director and other personnel as necessary to carry out provisions of this article. (b) Diagnoses or prescribes a drug, medicine, appliance, application, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of animals. (E) Within 30 calendar days upon completion of the provision of veterinary health care services at a temporary shelter facility established pursuant to this section, the veterinarian called from another state by a law enforcement agency or animal control agency to attend to a case shall file a report with the board. (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. (d) "Livestock" includes all animals, poultry, aquatic and amphibian species that are raised, kept, or used for profit. (c) The board may suspend or revoke the controlled substance permit of a veterinary assistant after notice and hearing for any cause provided in this subdivision. (e) Notwithstanding Section 487, the board shall conduct a hearing of a registration denial within 90 days of receiving an applicant's request for a hearing. (i) Fraud, deception, negligence, or incompetence in the practice of veterinary medicine. There may be a cost for duplication. The edible product includes, but is not limited to, milk, meat, and eggs. 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. For purposes of this subdivision, “cannabis licensee” shall have the same meaning as “licensee” in Section 26001. 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. (6) If the care or service was for a horse that has participated in the previous year, or is intended to participate, in a licensed horse race. 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. (c) Prescribing of drugs, medicine, and appliances. (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. Nothing in this article requires an applicant for or a holder of a certificate of registration of veterinary premises described in Section 4853 to be a veterinary corporation. (2)(A) The use of or prescribing for or administering to himself or herself, any controlled substance. West's Annotated California Codes. (b)(1) Notwithstanding any other provision of law, and for purposes of this section, when deciding whether to issue a probationary registration, the board shall request that an applicant with a dismissed conviction provide proof of that dismissal and shall give special consideration to applicants whose convictions have been dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code. (E) American Veterinary Medical Association's affiliated state veterinary medical associations. Credits(Added by Stats.2018, c. 571 (S.B.1480), § 26, eff. Three members of a diversion evaluation committee shall constitute a quorum for the transaction of business at any meeting. Amended by Stats.1978, c. 1161, p. 3678, § 279; Stats.2009, c. 80 (A.B.107), § 20. July 6, 1995; Stats.1996, c. 404 (S.B.1645), § 1; Stats.1997, c. 642 (A.B.839), § 24; Stats.1997, c. 759 (S.B.827), § 39; Stats.1998, c. 1070 (S.B.2003), § 3; Stats.2008, c. 529 (S.B.1584), § 16; Stats.2016, c. 484 (S.B.1193), § 52, eff.

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