4832. (a) The board shall establish an advisory committee on issues
pertaining to the practice of veterinary technicians, that shall be
known as the Registered Veterinary Technician Committee, hereafter
referred to as the committee.
(b) It is the intent of the Legislature that the Veterinary
Medical Board, in implementing this article, give specific
consideration to the recommendations of the Registered Veterinary
Technician Committee.
(c) The committee shall consist of five members appointed by the
board commencing January 1, 2009. Three members shall be registered
veterinary technicians, one member shall be either a licensed
veterinarian or an additional registered veterinary technician, and
one member shall be a member of the public. Appointments shall be for
a term of three years, and shall be staggered accordingly.
(d) No member of the committee shall serve for more than two
terms. The committee shall annually elect one of its members as
chairperson.
(e) The committee shall comply with Section 101.7.
(f) The scope of the committee shall not exceed the authority
provided under Section 4833.
(g) This section shall become inoperative on the July 1 following
the initial appointment of a registered veterinary technician to the
board, and on the January 1 following that date is repealed, unless a
later enacted statute, that becomes operative on or before that
January 1, deletes or extends the dates on which it becomes
inoperative and is repealed.
4833. (a) The committee shall advise and may assist the board in
the examination of applicants for veterinary technician registration.
The examination shall be held at least once a year at the times and
places designated by the board.
(b) The committee may investigate and evaluate each applicant
applying for registration as a registered veterinary technician and
may recommend to the board for final determination the admission of
the applicant to the examination and eligibility for registration.
(c) The committee may make recommendations to the board regarding
the establishment and operation of the continuing education
requirements authorized by Section 4838 of this article.
(d) The committee shall advise and may assist the board in the
inspection and approval of all schools or institutions offering a
curriculum for training registered veterinary technicians.
(e) The committee may advise and assist the board in developing
regulations to establish animal health care tasks and the appropriate
degree of supervision required for those tasks for registered
veterinary technicians and for unregistered assistants.
(f) The committee may advise and assist the board in developing
regulations to define subdivision (c) of Section 4840, including, but
not limited to, procedures for citations and fines, in accordance
with Section 125.9.
(g) This section shall become inoperative on the July 1 following
the initial appointment of a registered veterinary technician to the
board, and on the January 1 following that date is repealed, unless a
later enacted statute, that becomes operative on or before that
January 1, deletes or extends the dates on which it becomes
inoperative and is repealed.
4834. (a) The board has the power to remove from office at any time
any member of the committee for continued neglect of any duty
required by this article, for incompetency, or for unprofessional
conduct.
(b) This section shall become inoperative on the July 1 following
the initial appointment of a registered veterinary technician to the
board, and on the January 1 following that date is repealed, unless a
later enacted statute, that becomes operative on or before that
January 1, deletes or extends the dates on which it becomes
inoperative and is repealed.
4835. (a) Each member of the committee shall receive a per diem and
expenses, as provided in Section 103.
(b) This section shall become inoperative on the July 1 following
the initial appointment of a registered veterinary technician to the
board, and on the January 1 following that date is repealed, unless a
later enacted statute, that becomes operative on or before that
January 1, deletes or extends the dates on which it becomes
inoperative and is repealed.
4836. (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.
(b) The board also may adopt regulations establishing animal
health care tasks that may be performed by an unregistered assistant
as well as by a registered veterinary technician or a licensed
veterinarian. The board shall establish an appropriate degree of
supervision by a registered veterinary technician or a licensed
veterinarian over an unregistered assistant for any tasks established
under this subdivision and the degree of supervision for any of
those tasks shall be higher than, or equal to, the degree of
supervision required when a registered veterinary technician performs
the task.
(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.
4836.1. (a) Notwithstanding any other provision of law, a
registered veterinary technician or an unregistered assistant may
administer a drug, including, but not limited to, a drug that is a
controlled substance, under the direct or indirect supervision of a
licensed veterinarian when done pursuant to the order, control, and
full professional responsibility of a licensed veterinarian. However,
no person, other than a licensed veterinarian, may induce anesthesia
unless authorized by regulation of the board.
(b) For purposes of this section, the following definitions apply:
(1) "Controlled substance" has the same meaning as that term is
defined in Section 11007 of the Health and Safety Code.
(2) "Direct supervision" has the same meaning as that term is
defined in subdivision (e) of Section 2034 of Title 16 of the
California Code of Regulations.
(3) "Drug" has the same meaning as that term is defined in Section
11014 of the Health and Safety Code.
(4) "Indirect supervision" has the same meaning as that term is
defined in subdivision (f) of Section 2034 of Title 16 of the
California Code of Regulations.
(c) This section shall remain in effect until January 1, 2012, and
as of that date is repealed, unless a later enacted statute, which
is enacted before January 1, 2012, deletes or extends that date.
4836.5. The board shall take action pursuant to Article 4
(commencing with Section 4875) of this chapter against any
veterinarian licensed or authorized to practice in this state who
permits any registered veterinary technician or unregistered
assistant to perform any animal health care services other than those
allowed by this article.
4837. The board may revoke or suspend the registration of a
registered veterinary technician in this state after notice and
hearing for any cause provided in this article. The proceedings under
this article shall be conducted in accordance with the provisions
for administrative adjudication in Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code,
and the board shall have all the powers granted therein. The board
may revoke or suspend a certificate of registration for any of the
following reasons:
(a) The employment of fraud, misrepresentation or deception in
obtaining a registration.
(b) Conviction of a crime substantially related to the
qualifications, functions and duties of a registered veterinary
technician in which case the record of such conviction will be
conclusive evidence.
(c) Chronic inebriety or habitual use of controlled substances.
(d) For having professional connection with or lending one's name
to any illegal practitioner of veterinary medicine and the various
branches thereof.
(e) Violating or attempts to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter, or of the regulations adopted under
this chapter.
4838. 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.
The board shall adopt regulations providing for the suspension of
registration at the end of each annual renewal period until
compliance with the assurances provided for in this section is
accomplished.
4839. (a) For purposes of this article, a registered veterinary
technician means a person who has met the requirements set forth in
Sections 4841.4 and 4841.5, has passed the examination described in
Section 4841.4, and is registered by the board.
(b) This section shall become operative on January 1, 2011.
4839.5. 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.
4840. (a) Registered veterinary technicians and unregistered
assistants are approved to perform those animal health care services
prescribed by law under the supervision of a veterinarian licensed or
authorized to practice in this state.
(b) Registered veterinary technicians may perform animal health
care services on those animals impounded by a state, county, city, or
city and county agency pursuant to the direct order, written order,
or telephonic order of a veterinarian licensed or authorized to
practice in this state.
(c) Registered veterinary technicians may apply for registration
from the federal Drug Enforcement Administration that authorizes the
direct purchase of sodium pentobarbital for the performance of
euthanasia as provided for in subdivision (d) of Section 4827 without
the supervision or authorization of a licensed veterinarian.
4840.2. Registered veterinary technicians and unregistered
assistants shall not perform the following health care services:
(a) Surgery.
(b) Diagnosis and prognosis of animal diseases.
(c) Prescribing of drugs, medicine and appliances.
4840.5. Under conditions of an emergency, a registered veterinary
technician may render such lifesaving aid and treatment as may be
prescribed under regulations adopted by the board pursuant to Section
4836. Such emergency aid and treatment if rendered to an animal
patient not in the presence of a licensed veterinarian may only be
continued under the direction of a licensed veterinarian. "Emergency"
for the purpose of this section, means that the animal has been
placed in a life-threatening condition where immediate treatment is
necessary to sustain life.
4840.6. Any registered veterinary technician registered in this
state who in good faith renders emergency animal health care at the
scene of the emergency, or his or her employing veterinarian or
agency authorized under Section 4840.9, shall not be liable for any
civil damages as the result of acts or omissions by a registered
veterinary technician rendering the emergency care. This section
shall not grant immunity from civil damages when the registered
veterinary technician is grossly negligent.
4840.7. (a) A registered veterinary technician who has been
examined by the board in the area of radiation safety and techniques
may operate radiographic equipment under the indirect supervision of
a licensed veterinarian.
(b) (1) An unregistered assistant who has been trained in the area
of radiation safety and techniques may operate radiographic
equipment under the direct supervision of a registered veterinary
technician or a licensed veterinarian.
(2) The responsible managing licensee of a veterinary premises
shall maintain records of the training described in paragraph (1). An
unregistered assistant for whom records of this training do not
exist shall not operate radiographic equipment.
(3) The training records described in paragraph (2) shall be made
available to the board upon request and at the time of any inspection
of the veterinary premises.
4840.9. Registered veterinary technicians and unregistered
assistants may be employed by any veterinarian licensed or authorized
to practice in this state or by any governmental agency which
employs veterinarians. However, the employer must be fully aware of
the provisions of this article as stated by regulations adopted by
the board pursuant to Section 4836.
4841. Any person performing any of the tasks designated by the
board pursuant to Section 4836 and any person representing himself or
herself as a registered veterinary technician in this state, shall
hold a valid unexpired certificate of registration as provided in
this article.
4841.1. (a) This article shall not apply to students in the
clinical portion of their final year of study in a board-approved
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 supervision of a licensed veterinarian in good standing, as
defined in paragraph (1) of subdivision (b) of Section 4848.
(b) The board shall adopt regulations defining the parameters of
supervision required for the students described in subdivision (a).
4841.4. (a) The board shall, by means of examination, determine the
professional qualifications of all applicants who wish to register
as veterinary technicians in California. No registration shall be
issued to anyone who has not demonstrated his or her competency by
examination.
(b) Subject to subdivision (d), the examination for veterinary
technicians shall consist of both of the following:
(1) A national licensing examination.
(2) An examination specific to the animal health care tasks
limited to California registered veterinary technicians, as approved
by the board.
(c) The examinations may be given at the same time or at different
times as determined by the board. For examination purposes, the
board may make contractual arrangements on a sole source basis with
organizations furnishing examination material as it may deem
desirable and shall be exempt from Section 10115 of the Public
Contract Code.
(d) The national licensing examination shall be implemented upon
availability of the computerized examination on or after January 1,
2011.
4841.5. To be eligible to take the written and practical
examination for registration as a registered veterinary technician,
the applicant shall:
(a) Be at least 18 years of age.
(b) (1) Furnish satisfactory evidence of graduation from, at
minimum, a two-year curriculum in veterinary technology, in a college
or other postsecondary institution approved by the board, or the
equivalent thereof as determined by the board. In the case of a
private postsecondary institution, the institution shall also be
approved by the Bureau for Private Postsecondary and Vocational
Education.
(2) For purposes of this subdivision, education or a combination
of education and clinical practice experience may constitute the
equivalent of the graduation requirement imposed under this
subdivision, as determined by the board.
4842. 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.
(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 his or her license, registration, or other procedure by
virtue of which one is licensed or allowed to practice veterinary
technology in that state.
4842.1. The board shall issue a certificate of registration to each
applicant who passes the examination. The form of the certificate
shall be determined by the board.
4842.2. All funds collected by the board under this article shall
be deposited in the Veterinary Medical Board Contingent Fund.
4842.5. The amount of fees prescribed by this article is that fixed
by the following schedule:
(a) The fee for filing an application for examination shall be set
by the board in an amount it determines is reasonably necessary to
provide sufficient funds to carry out the purposes of this chapter,
not to exceed three hundred fifty dollars ($350).
(b) The fee for the California registered veterinary technician
examination shall be set by the board in an amount it determines is
reasonably necessary to provide sufficient funds to carry out the
purposes of this chapter, not to exceed three hundred dollars ($300).
(c) The initial registration fee shall be set by the board at not
more than three hundred fifty dollars ($350), except that, if the
license is issued less than one year before the date on which it will
expire, then the fee shall be set by the board at not more than one
hundred seventy-five dollars ($175). 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.
(d) The biennial renewal fee shall be set by the board at not more
than three hundred fifty dollars ($350).
(e) The delinquency fee shall be set by the board at not more than
fifty dollars ($50).
(f) Any charge made for duplication or other services shall be set
at the cost of rendering the services.
(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). The school or
institution shall also pay for the actual costs of an onsite
inspection conducted by the board pursuant to Section 2065.6 of Title
16 of the California Code of Regulations, including, but not limited
to, the travel, food, and lodging expenses incurred by an inspection
team sent by the board.
(h) The fee for failure to report a change in the mailing address
is twenty-five dollars ($25).
4842.6. (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. The
application shall be made on a form provided by the board.
(b) The application shall contain a statement to the effect that
the applicant has not been convicted of a felony, has not been the
subject of professional disciplinary action taken by any public
agency in California or any other state or territory, and has not
violated any of the provisions of this chapter. If the applicant is
unable to make that statement, the application shall contain a
statement of the conviction, professional discipline, or violation.
(c) The board may, as part of the renewal process, make necessary
inquiries of the applicant and conduct an investigation in order to
determine if cause for disciplinary action exists.
4842.7. Every person registered by the board under this article who
changes his or her mailing address shall notify the board of his or
her new mailing address within 30 days of the change. The board shall
not renew the registration of any person who fails to comply with
this section unless the person pays the penalty fee prescribed in
Section 4842.5. 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.
4843. The board shall approve all schools or institutions offering
a curriculum for training registered veterinary technicians.
Application forms for schools requesting approval shall be furnished
by the board. Approval by the board shall be for a two-year period.
Reapplication for approval by the board shall be made at the end of
the expiration date.
4843.5. Except as otherwise provided in this article, an expired
certificate of registration may be renewed at any time within five
years after its expiration on filing of an application for renewal on
a form prescribed by the board, and payment of all accrued and
unpaid renewal fees. If the certificate of registration is renewed
more than 30 days after its expiration, the registrant, as a
condition precedent to renewal, shall also pay the delinquency fee
prescribed by this article. Renewal under this section shall be
effective on the date on which the application is filed, on the date
all renewal fees are paid, or on the date on which the delinquency
fee, if any, is paid, whichever occurs last.
4844. A person who fails to renew his certificate of registration
within five years after its expiration may not renew it, and it shall
not be restored, reissued, or reinstated thereafter, but such person
may apply for and obtain a new certificate of registration if:
(a) He is not subject to denial of registration under Section 480.
(b) No fact, circumstance, or condition exists which, if the
certificate of registration were issued, would justify its revocation
or suspension.
(c) He takes and passes the examination, if any, which would be
required of him if he were then applying for a certificate of
registration for the first time, or otherwise establishes to the
satisfaction of the board that, with due regard for the public
interest, he is qualified to be a registered animal health
technician.
(d) He pays all of the fees that would be required of him if he
were applying for the certificate of registration for the first time.
The board may, by regulation, provide for the waiver or refund of
all or any part of the examination fee in those cases in which a
certificate of registration is issued without an examination pursuant
to the provisions of this section.
4845. (a) Notwithstanding any other provision of law, the board
may, in its sole discretion, issue a probationary registration to an
applicant subject to terms and conditions deemed appropriate by the
board, including, but not limited to, the following:
(1) Continuing medical, psychiatric, or psychological treatment.
(2) Ongoing participation in a specified rehabilitation program.
(3) Abstention from the use of alcohol or drugs.
(4) Compliance with all provisions of this chapter.
(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.
(2) The board shall also take into account and consider any other
reasonable documents or individual character references provided by
the applicant that may serve as evidence of rehabilitation as deemed
appropriate by the board.
(c) The board may modify or terminate the terms and conditions
imposed on the probationary registration upon receipt of a petition
from the applicant or registrant.
(d) For purposes of issuing a probationary license to qualified
new applicants, the board shall develop standard terms of probation
that shall include, but not be limited to, the following:
(1) A three-year limit on the individual probationary
registration.
(2) A process to obtain a standard registration for applicants who
were issued a probationary registration.
(3) Supervision requirements.
(4) Compliance and quarterly reporting requirements.
4845.5. (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. The proceedings under
this section 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 all the powers granted
therein.
(b) The board may deny a registration to an applicant on any of
the grounds specified in Section 480.
(c) In addition to the requirements provided in Sections 485 and
486, upon denial of an application for registration, the board shall
provide a statement of reasons for the denial that does the
following:
(1) Evaluates evidence of rehabilitation submitted by the
applicant, if any.
(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.
(3) If the board's decision was based on the applicant's prior
criminal conviction, justifies the board's denial of a registration
and conveys the reasons why the prior criminal conviction is
substantially related to the qualifications, functions, or duties of
a registered veterinary technician.
(d) Commencing July 1, 2009, all of the following shall apply:
(1) If the denial of a registration is due at least in part to the
applicant's state or federal criminal history record, the board
shall, in addition to the information provided pursuant to paragraph
(3) of subdivision (c), provide to the applicant a copy of his or her
criminal history record if the applicant makes a written request to
the board for a copy, specifying an address to which it is to be
sent.
(A) The state or federal criminal history record shall not be
modified or altered from its form or content as provided by the
Department of Justice.
(B) The criminal history record shall be provided in such a manner
as to protect the confidentiality and privacy of the applicant's
criminal history record and the criminal history record shall not be
made available by the board to any employer.
(C) The board shall retain a copy of the applicant's written
request and a copy of the response sent to the applicant, which shall
include the date and the address to which the response was sent.
(2) The board shall make that information available upon request
by the Department of Justice or the Federal Bureau of Investigation.
(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. For all other hearing requests, the board
shall determine when the hearing shall be conducted.
4832. (a) The board shall establish an advisory committee on issues
pertaining to the practice of veterinary technicians, that shall be
known as the Registered Veterinary Technician Committee, hereafter
referred to as the committee.
(b) It is the intent of the Legislature that the Veterinary
Medical Board, in implementing this article, give specific
consideration to the recommendations of the Registered Veterinary
Technician Committee.
(c) The committee shall consist of five members appointed by the
board commencing January 1, 2009. Three members shall be registered
veterinary technicians, one member shall be either a licensed
veterinarian or an additional registered veterinary technician, and
one member shall be a member of the public. Appointments shall be for
a term of three years, and shall be staggered accordingly.
(d) No member of the committee shall serve for more than two
terms. The committee shall annually elect one of its members as
chairperson.
(e) The committee shall comply with Section 101.7.
(f) The scope of the committee shall not exceed the authority
provided under Section 4833.
(g) This section shall become inoperative on the July 1 following
the initial appointment of a registered veterinary technician to the
board, and on the January 1 following that date is repealed, unless a
later enacted statute, that becomes operative on or before that
January 1, deletes or extends the dates on which it becomes
inoperative and is repealed.
4833. (a) The committee shall advise and may assist the board in
the examination of applicants for veterinary technician registration.
The examination shall be held at least once a year at the times and
places designated by the board.
(b) The committee may investigate and evaluate each applicant
applying for registration as a registered veterinary technician and
may recommend to the board for final determination the admission of
the applicant to the examination and eligibility for registration.
(c) The committee may make recommendations to the board regarding
the establishment and operation of the continuing education
requirements authorized by Section 4838 of this article.
(d) The committee shall advise and may assist the board in the
inspection and approval of all schools or institutions offering a
curriculum for training registered veterinary technicians.
(e) The committee may advise and assist the board in developing
regulations to establish animal health care tasks and the appropriate
degree of supervision required for those tasks for registered
veterinary technicians and for unregistered assistants.
(f) The committee may advise and assist the board in developing
regulations to define subdivision (c) of Section 4840, including, but
not limited to, procedures for citations and fines, in accordance
with Section 125.9.
(g) This section shall become inoperative on the July 1 following
the initial appointment of a registered veterinary technician to the
board, and on the January 1 following that date is repealed, unless a
later enacted statute, that becomes operative on or before that
January 1, deletes or extends the dates on which it becomes
inoperative and is repealed.
4834. (a) The board has the power to remove from office at any time
any member of the committee for continued neglect of any duty
required by this article, for incompetency, or for unprofessional
conduct.
(b) This section shall become inoperative on the July 1 following
the initial appointment of a registered veterinary technician to the
board, and on the January 1 following that date is repealed, unless a
later enacted statute, that becomes operative on or before that
January 1, deletes or extends the dates on which it becomes
inoperative and is repealed.
4835. (a) Each member of the committee shall receive a per diem and
expenses, as provided in Section 103.
(b) This section shall become inoperative on the July 1 following
the initial appointment of a registered veterinary technician to the
board, and on the January 1 following that date is repealed, unless a
later enacted statute, that becomes operative on or before that
January 1, deletes or extends the dates on which it becomes
inoperative and is repealed.
4836. (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.
(b) The board also may adopt regulations establishing animal
health care tasks that may be performed by an unregistered assistant
as well as by a registered veterinary technician or a licensed
veterinarian. The board shall establish an appropriate degree of
supervision by a registered veterinary technician or a licensed
veterinarian over an unregistered assistant for any tasks established
under this subdivision and the degree of supervision for any of
those tasks shall be higher than, or equal to, the degree of
supervision required when a registered veterinary technician performs
the task.
(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.
4836.1. (a) Notwithstanding any other provision of law, a
registered veterinary technician or an unregistered assistant may
administer a drug, including, but not limited to, a drug that is a
controlled substance, under the direct or indirect supervision of a
licensed veterinarian when done pursuant to the order, control, and
full professional responsibility of a licensed veterinarian. However,
no person, other than a licensed veterinarian, may induce anesthesia
unless authorized by regulation of the board.
(b) For purposes of this section, the following definitions apply:
(1) "Controlled substance" has the same meaning as that term is
defined in Section 11007 of the Health and Safety Code.
(2) "Direct supervision" has the same meaning as that term is
defined in subdivision (e) of Section 2034 of Title 16 of the
California Code of Regulations.
(3) "Drug" has the same meaning as that term is defined in Section
11014 of the Health and Safety Code.
(4) "Indirect supervision" has the same meaning as that term is
defined in subdivision (f) of Section 2034 of Title 16 of the
California Code of Regulations.
(c) This section shall remain in effect until January 1, 2012, and
as of that date is repealed, unless a later enacted statute, which
is enacted before January 1, 2012, deletes or extends that date.
4836.5. The board shall take action pursuant to Article 4
(commencing with Section 4875) of this chapter against any
veterinarian licensed or authorized to practice in this state who
permits any registered veterinary technician or unregistered
assistant to perform any animal health care services other than those
allowed by this article.
4837. The board may revoke or suspend the registration of a
registered veterinary technician in this state after notice and
hearing for any cause provided in this article. The proceedings under
this article shall be conducted in accordance with the provisions
for administrative adjudication in Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code,
and the board shall have all the powers granted therein. The board
may revoke or suspend a certificate of registration for any of the
following reasons:
(a) The employment of fraud, misrepresentation or deception in
obtaining a registration.
(b) Conviction of a crime substantially related to the
qualifications, functions and duties of a registered veterinary
technician in which case the record of such conviction will be
conclusive evidence.
(c) Chronic inebriety or habitual use of controlled substances.
(d) For having professional connection with or lending one's name
to any illegal practitioner of veterinary medicine and the various
branches thereof.
(e) Violating or attempts to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter, or of the regulations adopted under
this chapter.
4838. 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.
The board shall adopt regulations providing for the suspension of
registration at the end of each annual renewal period until
compliance with the assurances provided for in this section is
accomplished.
4839. (a) For purposes of this article, a registered veterinary
technician means a person who has met the requirements set forth in
Sections 4841.4 and 4841.5, has passed the examination described in
Section 4841.4, and is registered by the board.
(b) This section shall become operative on January 1, 2011.
4839.5. 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.
4840. (a) Registered veterinary technicians and unregistered
assistants are approved to perform those animal health care services
prescribed by law under the supervision of a veterinarian licensed or
authorized to practice in this state.
(b) Registered veterinary technicians may perform animal health
care services on those animals impounded by a state, county, city, or
city and county agency pursuant to the direct order, written order,
or telephonic order of a veterinarian licensed or authorized to
practice in this state.
(c) Registered veterinary technicians may apply for registration
from the federal Drug Enforcement Administration that authorizes the
direct purchase of sodium pentobarbital for the performance of
euthanasia as provided for in subdivision (d) of Section 4827 without
the supervision or authorization of a licensed veterinarian.
4840.2. Registered veterinary technicians and unregistered
assistants shall not perform the following health care services:
(a) Surgery.
(b) Diagnosis and prognosis of animal diseases.
(c) Prescribing of drugs, medicine and appliances.
4840.5. Under conditions of an emergency, a registered veterinary
technician may render such lifesaving aid and treatment as may be
prescribed under regulations adopted by the board pursuant to Section
4836. Such emergency aid and treatment if rendered to an animal
patient not in the presence of a licensed veterinarian may only be
continued under the direction of a licensed veterinarian. "Emergency"
for the purpose of this section, means that the animal has been
placed in a life-threatening condition where immediate treatment is
necessary to sustain life.
4840.6. Any registered veterinary technician registered in this
state who in good faith renders emergency animal health care at the
scene of the emergency, or his or her employing veterinarian or
agency authorized under Section 4840.9, shall not be liable for any
civil damages as the result of acts or omissions by a registered
veterinary technician rendering the emergency care. This section
shall not grant immunity from civil damages when the registered
veterinary technician is grossly negligent.
4840.7. (a) A registered veterinary technician who has been
examined by the board in the area of radiation safety and techniques
may operate radiographic equipment under the indirect supervision of
a licensed veterinarian.
(b) (1) An unregistered assistant who has been trained in the area
of radiation safety and techniques may operate radiographic
equipment under the direct supervision of a registered veterinary
technician or a licensed veterinarian.
(2) The responsible managing licensee of a veterinary premises
shall maintain records of the training described in paragraph (1). An
unregistered assistant for whom records of this training do not
exist shall not operate radiographic equipment.
(3) The training records described in paragraph (2) shall be made
available to the board upon request and at the time of any inspection
of the veterinary premises.
4840.9. Registered veterinary technicians and unregistered
assistants may be employed by any veterinarian licensed or authorized
to practice in this state or by any governmental agency which
employs veterinarians. However, the employer must be fully aware of
the provisions of this article as stated by regulations adopted by
the board pursuant to Section 4836.
4841. Any person performing any of the tasks designated by the
board pursuant to Section 4836 and any person representing himself or
herself as a registered veterinary technician in this state, shall
hold a valid unexpired certificate of registration as provided in
this article.
4841.1. (a) This article shall not apply to students in the
clinical portion of their final year of study in a board-approved
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 supervision of a licensed veterinarian in good standing, as
defined in paragraph (1) of subdivision (b) of Section 4848.
(b) The board shall adopt regulations defining the parameters of
supervision required for the students described in subdivision (a).
4841.4. (a) The board shall, by means of examination, determine the
professional qualifications of all applicants who wish to register
as veterinary technicians in California. No registration shall be
issued to anyone who has not demonstrated his or her competency by
examination.
(b) Subject to subdivision (d), the examination for veterinary
technicians shall consist of both of the following:
(1) A national licensing examination.
(2) An examination specific to the animal health care tasks
limited to California registered veterinary technicians, as approved
by the board.
(c) The examinations may be given at the same time or at different
times as determined by the board. For examination purposes, the
board may make contractual arrangements on a sole source basis with
organizations furnishing examination material as it may deem
desirable and shall be exempt from Section 10115 of the Public
Contract Code.
(d) The national licensing examination shall be implemented upon
availability of the computerized examination on or after January 1,
2011.
4841.5. To be eligible to take the written and practical
examination for registration as a registered veterinary technician,
the applicant shall:
(a) Be at least 18 years of age.
(b) (1) Furnish satisfactory evidence of graduation from, at
minimum, a two-year curriculum in veterinary technology, in a college
or other postsecondary institution approved by the board, or the
equivalent thereof as determined by the board. In the case of a
private postsecondary institution, the institution shall also be
approved by the Bureau for Private Postsecondary and Vocational
Education.
(2) For purposes of this subdivision, education or a combination
of education and clinical practice experience may constitute the
equivalent of the graduation requirement imposed under this
subdivision, as determined by the board.
4842. 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.
(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 his or her license, registration, or other procedure by
virtue of which one is licensed or allowed to practice veterinary
technology in that state.
4842.1. The board shall issue a certificate of registration to each
applicant who passes the examination. The form of the certificate
shall be determined by the board.
4842.2. All funds collected by the board under this article shall
be deposited in the Veterinary Medical Board Contingent Fund.
4842.5. The amount of fees prescribed by this article is that fixed
by the following schedule:
(a) The fee for filing an application for examination shall be set
by the board in an amount it determines is reasonably necessary to
provide sufficient funds to carry out the purposes of this chapter,
not to exceed three hundred fifty dollars ($350).
(b) The fee for the California registered veterinary technician
examination shall be set by the board in an amount it determines is
reasonably necessary to provide sufficient funds to carry out the
purposes of this chapter, not to exceed three hundred dollars ($300).
(c) The initial registration fee shall be set by the board at not
more than three hundred fifty dollars ($350), except that, if the
license is issued less than one year before the date on which it will
expire, then the fee shall be set by the board at not more than one
hundred seventy-five dollars ($175). 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.
(d) The biennial renewal fee shall be set by the board at not more
than three hundred fifty dollars ($350).
(e) The delinquency fee shall be set by the board at not more than
fifty dollars ($50).
(f) Any charge made for duplication or other services shall be set
at the cost of rendering the services.
(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). The school or
institution shall also pay for the actual costs of an onsite
inspection conducted by the board pursuant to Section 2065.6 of Title
16 of the California Code of Regulations, including, but not limited
to, the travel, food, and lodging expenses incurred by an inspection
team sent by the board.
(h) The fee for failure to report a change in the mailing address
is twenty-five dollars ($25).
4842.6. (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. The
application shall be made on a form provided by the board.
(b) The application shall contain a statement to the effect that
the applicant has not been convicted of a felony, has not been the
subject of professional disciplinary action taken by any public
agency in California or any other state or territory, and has not
violated any of the provisions of this chapter. If the applicant is
unable to make that statement, the application shall contain a
statement of the conviction, professional discipline, or violation.
(c) The board may, as part of the renewal process, make necessary
inquiries of the applicant and conduct an investigation in order to
determine if cause for disciplinary action exists.
4842.7. Every person registered by the board under this article who
changes his or her mailing address shall notify the board of his or
her new mailing address within 30 days of the change. The board shall
not renew the registration of any person who fails to comply with
this section unless the person pays the penalty fee prescribed in
Section 4842.5. 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.
4843. The board shall approve all schools or institutions offering
a curriculum for training registered veterinary technicians.
Application forms for schools requesting approval shall be furnished
by the board. Approval by the board shall be for a two-year period.
Reapplication for approval by the board shall be made at the end of
the expiration date.
4843.5. Except as otherwise provided in this article, an expired
certificate of registration may be renewed at any time within five
years after its expiration on filing of an application for renewal on
a form prescribed by the board, and payment of all accrued and
unpaid renewal fees. If the certificate of registration is renewed
more than 30 days after its expiration, the registrant, as a
condition precedent to renewal, shall also pay the delinquency fee
prescribed by this article. Renewal under this section shall be
effective on the date on which the application is filed, on the date
all renewal fees are paid, or on the date on which the delinquency
fee, if any, is paid, whichever occurs last.
4844. A person who fails to renew his certificate of registration
within five years after its expiration may not renew it, and it shall
not be restored, reissued, or reinstated thereafter, but such person
may apply for and obtain a new certificate of registration if:
(a) He is not subject to denial of registration under Section 480.
(b) No fact, circumstance, or condition exists which, if the
certificate of registration were issued, would justify its revocation
or suspension.
(c) He takes and passes the examination, if any, which would be
required of him if he were then applying for a certificate of
registration for the first time, or otherwise establishes to the
satisfaction of the board that, with due regard for the public
interest, he is qualified to be a registered animal health
technician.
(d) He pays all of the fees that would be required of him if he
were applying for the certificate of registration for the first time.
The board may, by regulation, provide for the waiver or refund of
all or any part of the examination fee in those cases in which a
certificate of registration is issued without an examination pursuant
to the provisions of this section.
4845. (a) Notwithstanding any other provision of law, the board
may, in its sole discretion, issue a probationary registration to an
applicant subject to terms and conditions deemed appropriate by the
board, including, but not limited to, the following:
(1) Continuing medical, psychiatric, or psychological treatment.
(2) Ongoing participation in a specified rehabilitation program.
(3) Abstention from the use of alcohol or drugs.
(4) Compliance with all provisions of this chapter.
(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.
(2) The board shall also take into account and consider any other
reasonable documents or individual character references provided by
the applicant that may serve as evidence of rehabilitation as deemed
appropriate by the board.
(c) The board may modify or terminate the terms and conditions
imposed on the probationary registration upon receipt of a petition
from the applicant or registrant.
(d) For purposes of issuing a probationary license to qualified
new applicants, the board shall develop standard terms of probation
that shall include, but not be limited to, the following:
(1) A three-year limit on the individual probationary
registration.
(2) A process to obtain a standard registration for applicants who
were issued a probationary registration.
(3) Supervision requirements.
(4) Compliance and quarterly reporting requirements.
4845.5. (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. The proceedings under
this section 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 all the powers granted
therein.
(b) The board may deny a registration to an applicant on any of
the grounds specified in Section 480.
(c) In addition to the requirements provided in Sections 485 and
486, upon denial of an application for registration, the board shall
provide a statement of reasons for the denial that does the
following:
(1) Evaluates evidence of rehabilitation submitted by the
applicant, if any.
(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.
(3) If the board's decision was based on the applicant's prior
criminal conviction, justifies the board's denial of a registration
and conveys the reasons why the prior criminal conviction is
substantially related to the qualifications, functions, or duties of
a registered veterinary technician.
(d) Commencing July 1, 2009, all of the following shall apply:
(1) If the denial of a registration is due at least in part to the
applicant's state or federal criminal history record, the board
shall, in addition to the information provided pursuant to paragraph
(3) of subdivision (c), provide to the applicant a copy of his or her
criminal history record if the applicant makes a written request to
the board for a copy, specifying an address to which it is to be
sent.
(A) The state or federal criminal history record shall not be
modified or altered from its form or content as provided by the
Department of Justice.
(B) The criminal history record shall be provided in such a manner
as to protect the confidentiality and privacy of the applicant's
criminal history record and the criminal history record shall not be
made available by the board to any employer.
(C) The board shall retain a copy of the applicant's written
request and a copy of the response sent to the applicant, which shall
include the date and the address to which the response was sent.
(2) The board shall make that information available upon request
by the Department of Justice or the Federal Bureau of Investigation.
(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. For all other hearing requests, the board
shall determine when the hearing shall be conducted.
4832. (a) The board shall establish an advisory committee on issues
pertaining to the practice of veterinary technicians, that shall be
known as the Registered Veterinary Technician Committee, hereafter
referred to as the committee.
(b) It is the intent of the Legislature that the Veterinary
Medical Board, in implementing this article, give specific
consideration to the recommendations of the Registered Veterinary
Technician Committee.
(c) The committee shall consist of five members appointed by the
board commencing January 1, 2009. Three members shall be registered
veterinary technicians, one member shall be either a licensed
veterinarian or an additional registered veterinary technician, and
one member shall be a member of the public. Appointments shall be for
a term of three years, and shall be staggered accordingly.
(d) No member of the committee shall serve for more than two
terms. The committee shall annually elect one of its members as
chairperson.
(e) The committee shall comply with Section 101.7.
(f) The scope of the committee shall not exceed the authority
provided under Section 4833.
(g) This section shall become inoperative on the July 1 following
the initial appointment of a registered veterinary technician to the
board, and on the January 1 following that date is repealed, unless a
later enacted statute, that becomes operative on or before that
January 1, deletes or extends the dates on which it becomes
inoperative and is repealed.
4833. (a) The committee shall advise and may assist the board in
the examination of applicants for veterinary technician registration.
The examination shall be held at least once a year at the times and
places designated by the board.
(b) The committee may investigate and evaluate each applicant
applying for registration as a registered veterinary technician and
may recommend to the board for final determination the admission of
the applicant to the examination and eligibility for registration.
(c) The committee may make recommendations to the board regarding
the establishment and operation of the continuing education
requirements authorized by Section 4838 of this article.
(d) The committee shall advise and may assist the board in the
inspection and approval of all schools or institutions offering a
curriculum for training registered veterinary technicians.
(e) The committee may advise and assist the board in developing
regulations to establish animal health care tasks and the appropriate
degree of supervision required for those tasks for registered
veterinary technicians and for unregistered assistants.
(f) The committee may advise and assist the board in developing
regulations to define subdivision (c) of Section 4840, including, but
not limited to, procedures for citations and fines, in accordance
with Section 125.9.
(g) This section shall become inoperative on the July 1 following
the initial appointment of a registered veterinary technician to the
board, and on the January 1 following that date is repealed, unless a
later enacted statute, that becomes operative on or before that
January 1, deletes or extends the dates on which it becomes
inoperative and is repealed.
4834. (a) The board has the power to remove from office at any time
any member of the committee for continued neglect of any duty
required by this article, for incompetency, or for unprofessional
conduct.
(b) This section shall become inoperative on the July 1 following
the initial appointment of a registered veterinary technician to the
board, and on the January 1 following that date is repealed, unless a
later enacted statute, that becomes operative on or before that
January 1, deletes or extends the dates on which it becomes
inoperative and is repealed.
4835. (a) Each member of the committee shall receive a per diem and
expenses, as provided in Section 103.
(b) This section shall become inoperative on the July 1 following
the initial appointment of a registered veterinary technician to the
board, and on the January 1 following that date is repealed, unless a
later enacted statute, that becomes operative on or before that
January 1, deletes or extends the dates on which it becomes
inoperative and is repealed.
4836. (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.
(b) The board also may adopt regulations establishing animal
health care tasks that may be performed by an unregistered assistant
as well as by a registered veterinary technician or a licensed
veterinarian. The board shall establish an appropriate degree of
supervision by a registered veterinary technician or a licensed
veterinarian over an unregistered assistant for any tasks established
under this subdivision and the degree of supervision for any of
those tasks shall be higher than, or equal to, the degree of
supervision required when a registered veterinary technician performs
the task.
(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.
4836.1. (a) Notwithstanding any other provision of law, a
registered veterinary technician or an unregistered assistant may
administer a drug, including, but not limited to, a drug that is a
controlled substance, under the direct or indirect supervision of a
licensed veterinarian when done pursuant to the order, control, and
full professional responsibility of a licensed veterinarian. However,
no person, other than a licensed veterinarian, may induce anesthesia
unless authorized by regulation of the board.
(b) For purposes of this section, the following definitions apply:
(1) "Controlled substance" has the same meaning as that term is
defined in Section 11007 of the Health and Safety Code.
(2) "Direct supervision" has the same meaning as that term is
defined in subdivision (e) of Section 2034 of Title 16 of the
California Code of Regulations.
(3) "Drug" has the same meaning as that term is defined in Section
11014 of the Health and Safety Code.
(4) "Indirect supervision" has the same meaning as that term is
defined in subdivision (f) of Section 2034 of Title 16 of the
California Code of Regulations.
(c) This section shall remain in effect until January 1, 2012, and
as of that date is repealed, unless a later enacted statute, which
is enacted before January 1, 2012, deletes or extends that date.
4836.5. The board shall take action pursuant to Article 4
(commencing with Section 4875) of this chapter against any
veterinarian licensed or authorized to practice in this state who
permits any registered veterinary technician or unregistered
assistant to perform any animal health care services other than those
allowed by this article.
4837. The board may revoke or suspend the registration of a
registered veterinary technician in this state after notice and
hearing for any cause provided in this article. The proceedings under
this article shall be conducted in accordance with the provisions
for administrative adjudication in Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code,
and the board shall have all the powers granted therein. The board
may revoke or suspend a certificate of registration for any of the
following reasons:
(a) The employment of fraud, misrepresentation or deception in
obtaining a registration.
(b) Conviction of a crime substantially related to the
qualifications, functions and duties of a registered veterinary
technician in which case the record of such conviction will be
conclusive evidence.
(c) Chronic inebriety or habitual use of controlled substances.
(d) For having professional connection with or lending one's name
to any illegal practitioner of veterinary medicine and the various
branches thereof.
(e) Violating or attempts to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter, or of the regulations adopted under
this chapter.
4838. 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.
The board shall adopt regulations providing for the suspension of
registration at the end of each annual renewal period until
compliance with the assurances provided for in this section is
accomplished.
4839. (a) For purposes of this article, a registered veterinary
technician means a person who has met the requirements set forth in
Sections 4841.4 and 4841.5, has passed the examination described in
Section 4841.4, and is registered by the board.
(b) This section shall become operative on January 1, 2011.
4839.5. 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.
4840. (a) Registered veterinary technicians and unregistered
assistants are approved to perform those animal health care services
prescribed by law under the supervision of a veterinarian licensed or
authorized to practice in this state.
(b) Registered veterinary technicians may perform animal health
care services on those animals impounded by a state, county, city, or
city and county agency pursuant to the direct order, written order,
or telephonic order of a veterinarian licensed or authorized to
practice in this state.
(c) Registered veterinary technicians may apply for registration
from the federal Drug Enforcement Administration that authorizes the
direct purchase of sodium pentobarbital for the performance of
euthanasia as provided for in subdivision (d) of Section 4827 without
the supervision or authorization of a licensed veterinarian.
4840.2. Registered veterinary technicians and unregistered
assistants shall not perform the following health care services:
(a) Surgery.
(b) Diagnosis and prognosis of animal diseases.
(c) Prescribing of drugs, medicine and appliances.
4840.5. Under conditions of an emergency, a registered veterinary
technician may render such lifesaving aid and treatment as may be
prescribed under regulations adopted by the board pursuant to Section
4836. Such emergency aid and treatment if rendered to an animal
patient not in the presence of a licensed veterinarian may only be
continued under the direction of a licensed veterinarian. "Emergency"
for the purpose of this section, means that the animal has been
placed in a life-threatening condition where immediate treatment is
necessary to sustain life.
4840.6. Any registered veterinary technician registered in this
state who in good faith renders emergency animal health care at the
scene of the emergency, or his or her employing veterinarian or
agency authorized under Section 4840.9, shall not be liable for any
civil damages as the result of acts or omissions by a registered
veterinary technician rendering the emergency care. This section
shall not grant immunity from civil damages when the registered
veterinary technician is grossly negligent.
4840.7. (a) A registered veterinary technician who has been
examined by the board in the area of radiation safety and techniques
may operate radiographic equipment under the indirect supervision of
a licensed veterinarian.
(b) (1) An unregistered assistant who has been trained in the area
of radiation safety and techniques may operate radiographic
equipment under the direct supervision of a registered veterinary
technician or a licensed veterinarian.
(2) The responsible managing licensee of a veterinary premises
shall maintain records of the training described in paragraph (1). An
unregistered assistant for whom records of this training do not
exist shall not operate radiographic equipment.
(3) The training records described in paragraph (2) shall be made
available to the board upon request and at the time of any inspection
of the veterinary premises.
4840.9. Registered veterinary technicians and unregistered
assistants may be employed by any veterinarian licensed or authorized
to practice in this state or by any governmental agency which
employs veterinarians. However, the employer must be fully aware of
the provisions of this article as stated by regulations adopted by
the board pursuant to Section 4836.
4841. Any person performing any of the tasks designated by the
board pursuant to Section 4836 and any person representing himself or
herself as a registered veterinary technician in this state, shall
hold a valid unexpired certificate of registration as provided in
this article.
4841.1. (a) This article shall not apply to students in the
clinical portion of their final year of study in a board-approved
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 supervision of a licensed veterinarian in good standing, as
defined in paragraph (1) of subdivision (b) of Section 4848.
(b) The board shall adopt regulations defining the parameters of
supervision required for the students described in subdivision (a).
4841.4. (a) The board shall, by means of examination, determine the
professional qualifications of all applicants who wish to register
as veterinary technicians in California. No registration shall be
issued to anyone who has not demonstrated his or her competency by
examination.
(b) Subject to subdivision (d), the examination for veterinary
technicians shall consist of both of the following:
(1) A national licensing examination.
(2) An examination specific to the animal health care tasks
limited to California registered veterinary technicians, as approved
by the board.
(c) The examinations may be given at the same time or at different
times as determined by the board. For examination purposes, the
board may make contractual arrangements on a sole source basis with
organizations furnishing examination material as it may deem
desirable and shall be exempt from Section 10115 of the Public
Contract Code.
(d) The national licensing examination shall be implemented upon
availability of the computerized examination on or after January 1,
2011.
4841.5. To be eligible to take the written and practical
examination for registration as a registered veterinary technician,
the applicant shall:
(a) Be at least 18 years of age.
(b) (1) Furnish satisfactory evidence of graduation from, at
minimum, a two-year curriculum in veterinary technology, in a college
or other postsecondary institution approved by the board, or the
equivalent thereof as determined by the board. In the case of a
private postsecondary institution, the institution shall also be
approved by the Bureau for Private Postsecondary and Vocational
Education.
(2) For purposes of this subdivision, education or a combination
of education and clinical practice experience may constitute the
equivalent of the graduation requirement imposed under this
subdivision, as determined by the board.
4842. 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.
(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 his or her license, registration, or other procedure by
virtue of which one is licensed or allowed to practice veterinary
technology in that state.
4842.1. The board shall issue a certificate of registration to each
applicant who passes the examination. The form of the certificate
shall be determined by the board.
4842.2. All funds collected by the board under this article shall
be deposited in the Veterinary Medical Board Contingent Fund.
4842.5. The amount of fees prescribed by this article is that fixed
by the following schedule:
(a) The fee for filing an application for examination shall be set
by the board in an amount it determines is reasonably necessary to
provide sufficient funds to carry out the purposes of this chapter,
not to exceed three hundred fifty dollars ($350).
(b) The fee for the California registered veterinary technician
examination shall be set by the board in an amount it determines is
reasonably necessary to provide sufficient funds to carry out the
purposes of this chapter, not to exceed three hundred dollars ($300).
(c) The initial registration fee shall be set by the board at not
more than three hundred fifty dollars ($350), except that, if the
license is issued less than one year before the date on which it will
expire, then the fee shall be set by the board at not more than one
hundred seventy-five dollars ($175). 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.
(d) The biennial renewal fee shall be set by the board at not more
than three hundred fifty dollars ($350).
(e) The delinquency fee shall be set by the board at not more than
fifty dollars ($50).
(f) Any charge made for duplication or other services shall be set
at the cost of rendering the services.
(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). The school or
institution shall also pay for the actual costs of an onsite
inspection conducted by the board pursuant to Section 2065.6 of Title
16 of the California Code of Regulations, including, but not limited
to, the travel, food, and lodging expenses incurred by an inspection
team sent by the board.
(h) The fee for failure to report a change in the mailing address
is twenty-five dollars ($25).
4842.6. (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. The
application shall be made on a form provided by the board.
(b) The application shall contain a statement to the effect that
the applicant has not been convicted of a felony, has not been the
subject of professional disciplinary action taken by any public
agency in California or any other state or territory, and has not
violated any of the provisions of this chapter. If the applicant is
unable to make that statement, the application shall contain a
statement of the conviction, professional discipline, or violation.
(c) The board may, as part of the renewal process, make necessary
inquiries of the applicant and conduct an investigation in order to
determine if cause for disciplinary action exists.
4842.7. Every person registered by the board under this article who
changes his or her mailing address shall notify the board of his or
her new mailing address within 30 days of the change. The board shall
not renew the registration of any person who fails to comply with
this section unless the person pays the penalty fee prescribed in
Section 4842.5. 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.
4843. The board shall approve all schools or institutions offering
a curriculum for training registered veterinary technicians.
Application forms for schools requesting approval shall be furnished
by the board. Approval by the board shall be for a two-year period.
Reapplication for approval by the board shall be made at the end of
the expiration date.
4843.5. Except as otherwise provided in this article, an expired
certificate of registration may be renewed at any time within five
years after its expiration on filing of an application for renewal on
a form prescribed by the board, and payment of all accrued and
unpaid renewal fees. If the certificate of registration is renewed
more than 30 days after its expiration, the registrant, as a
condition precedent to renewal, shall also pay the delinquency fee
prescribed by this article. Renewal under this section shall be
effective on the date on which the application is filed, on the date
all renewal fees are paid, or on the date on which the delinquency
fee, if any, is paid, whichever occurs last.
4844. A person who fails to renew his certificate of registration
within five years after its expiration may not renew it, and it shall
not be restored, reissued, or reinstated thereafter, but such person
may apply for and obtain a new certificate of registration if:
(a) He is not subject to denial of registration under Section 480.
(b) No fact, circumstance, or condition exists which, if the
certificate of registration were issued, would justify its revocation
or suspension.
(c) He takes and passes the examination, if any, which would be
required of him if he were then applying for a certificate of
registration for the first time, or otherwise establishes to the
satisfaction of the board that, with due regard for the public
interest, he is qualified to be a registered animal health
technician.
(d) He pays all of the fees that would be required of him if he
were applying for the certificate of registration for the first time.
The board may, by regulation, provide for the waiver or refund of
all or any part of the examination fee in those cases in which a
certificate of registration is issued without an examination pursuant
to the provisions of this section.
4845. (a) Notwithstanding any other provision of law, the board
may, in its sole discretion, issue a probationary registration to an
applicant subject to terms and conditions deemed appropriate by the
board, including, but not limited to, the following:
(1) Continuing medical, psychiatric, or psychological treatment.
(2) Ongoing participation in a specified rehabilitation program.
(3) Abstention from the use of alcohol or drugs.
(4) Compliance with all provisions of this chapter.
(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.
(2) The board shall also take into account and consider any other
reasonable documents or individual character references provided by
the applicant that may serve as evidence of rehabilitation as deemed
appropriate by the board.
(c) The board may modify or terminate the terms and conditions
imposed on the probationary registration upon receipt of a petition
from the applicant or registrant.
(d) For purposes of issuing a probationary license to qualified
new applicants, the board shall develop standard terms of probation
that shall include, but not be limited to, the following:
(1) A three-year limit on the individual probationary
registration.
(2) A process to obtain a standard registration for applicants who
were issued a probationary registration.
(3) Supervision requirements.
(4) Compliance and quarterly reporting requirements.
4845.5. (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. The proceedings under
this section 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 all the powers granted
therein.
(b) The board may deny a registration to an applicant on any of
the grounds specified in Section 480.
(c) In addition to the requirements provided in Sections 485 and
486, upon denial of an application for registration, the board shall
provide a statement of reasons for the denial that does the
following:
(1) Evaluates evidence of rehabilitation submitted by the
applicant, if any.
(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.
(3) If the board's decision was based on the applicant's prior
criminal conviction, justifies the board's denial of a registration
and conveys the reasons why the prior criminal conviction is
substantially related to the qualifications, functions, or duties of
a registered veterinary technician.
(d) Commencing July 1, 2009, all of the following shall apply:
(1) If the denial of a registration is due at least in part to the
applicant's state or federal criminal history record, the board
shall, in addition to the information provided pursuant to paragraph
(3) of subdivision (c), provide to the applicant a copy of his or her
criminal history record if the applicant makes a written request to
the board for a copy, specifying an address to which it is to be
sent.
(A) The state or federal criminal history record shall not be
modified or altered from its form or content as provided by the
Department of Justice.
(B) The criminal history record shall be provided in such a manner
as to protect the confidentiality and privacy of the applicant's
criminal history record and the criminal history record shall not be
made available by the board to any employer.
(C) The board shall retain a copy of the applicant's written
request and a copy of the response sent to the applicant, which shall
include the date and the address to which the response was sent.
(2) The board shall make that information available upon request
by the Department of Justice or the Federal Bureau of Investigation.
(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. For all other hearing requests, the board
shall determine when the hearing shall be conducted.
