It is the intent of the Legislature that the board seek ways and means to identify and rehabilitate veterinarians and registered veterinary technicians with impairment due to abuse of dangerous drugs or alcohol, affecting competency so that veterinarians and registered veterinary technicians so afflicted may be treated and returned to the practice of veterinary medicine in a manner that will not endanger the public health and safety.
Article 3.5Wellness Evaluation Committees
Section § 4860
This law is about helping veterinarians and veterinary technicians who have issues with drugs or alcohol. The goal is to find ways to help them get better so they can safely return to work without risking public safety.
veterinarians rehabilitation veterinary technicians drug abuse recovery alcohol impairment public health safety competency restoration dangerous drugs impairment treatment return to practice substance abuse support programs for vets veterinary medicine health and safety rehabilitation programs legislative intent
Section § 4861
This section allows the creation of wellness evaluation committees by the board, which will have five members. These committees are meant to assist with issues of impairment, like alcohol or drug abuse, in the veterinary field. The committees must include a licensed veterinarian, two public members, and one registered veterinary technician. Members should have experience with these issues, and the board appoints them for up to four years. The board president can suspend or remove members if there's evidence of relapse. Additionally, the board can hire a program director and necessary staff to support this initiative.
(a)CA Business and Professions Code § 4861(a) One or more wellness evaluation committees is hereby authorized to be established by the board. Each wellness evaluation committee shall be composed of five persons appointed by the board. The board, in making its appointments, shall give consideration to recommendations of state and local associations and shall consider, among others, where appropriate, the appointment of individuals who have recovered from impairment or who have knowledge and expertise in the management of impairment.
(b)CA Business and Professions Code § 4861(b) Each wellness evaluation committee shall have the following composition:
(1)CA Business and Professions Code § 4861(b)(1) At least one veterinarian licensed under this chapter.
(2)CA Business and Professions Code § 4861(b)(2) At least
two public members.
(3)CA Business and Professions Code § 4861(b)(3) At least one registered veterinary technician registered under this chapter.
(c)CA Business and Professions Code § 4861(c) Each person appointed to a wellness evaluation committee shall have experience or knowledge in the evaluation or management of persons who are impaired due to alcohol or drug abuse.
(d)CA Business and Professions Code § 4861(d) It shall require the majority vote of the board to appoint a person to a wellness evaluation committee. Each appointment shall be at the pleasure of the board for a term not to exceed four years. In its discretion the board may stagger the terms of the initial members appointed.
(e)CA Business and Professions Code § 4861(e) The board president may suspend any wellness evaluation committee member pending an investigation into allegations of existing alcohol or drug addiction. If, after investigation, there is
evidence of an alcohol or drug addiction relapse, the board president shall have authorized discretion to remove the member without input from the board.
(f)CA Business and Professions Code § 4861(f) The board may appoint a program director and other personnel as necessary to carry out this article.
wellness evaluation committee veterinarian registered veterinary technician alcohol or drug abuse impairment management public members board appointments committee composition term limits suspension and removal program director board president authority relapse investigation committee member qualifications staggered terms
Section § 4862
Members of a wellness evaluation committee get paid a daily allowance and are reimbursed for their expenses according to the details in another section called Section 103.
Each member of a wellness evaluation committee shall receive per diem and expenses as provided in Section 103.
wellness evaluation committee per diem member compensation reimbursement expenses Section 103 daily allowance committee members evaluation procedures financial compensation
Section § 4863
For a wellness evaluation committee to make decisions or conduct business during a meeting, at least three members need to be present. Any decisions they make must be approved by more than half of the members present.
Three members of a wellness evaluation committee shall constitute a quorum for the transaction of business at any meeting. Any action requires the majority vote of the wellness evaluation committee.
wellness evaluation committee quorum transaction of business majority vote committee meeting requirements business decisions member present criteria voting threshold three members meeting quorum committee actions approval process decision-making group meeting attendance business transactions
Section § 4864
Each wellness evaluation committee needs to choose a chairperson and vice chairperson from among its members.
Each wellness evaluation committee shall elect from its membership a chairperson and a vice chairperson.
wellness evaluation committee elect chairperson vice chairperson membership committee roles election process leadership selection committee organization committee governance
Section § 4865
This part of the law assigns the responsibility of overseeing and carrying out the rules in this article to a specific board.
The board shall administer the provisions of this article.
board responsibility administer provisions implementation authority article enforcement oversight rules management governance policy execution directive supervision
Section § 4866
This section outlines how veterinarians and veterinary technicians in California can participate in a wellness program. The board sets rules for who can join or leave the program, but only those who ask for support can participate. It mentions that special doctors will assess the participants, and their evaluations are not subject to usual evidence code rules. Additionally, the program is capped at 100 participants.
(a)CA Business and Professions Code § 4866(a) The board shall establish criteria for the acceptance, denial, or termination of veterinarians and registered veterinary technicians in a wellness program. Only those veterinarians and registered veterinary technicians who have voluntarily requested wellness treatment and supervision by a
wellness evaluation committee shall participate in a program.
(b)CA Business and Professions Code § 4866(b) The board shall establish criteria for the selection of administrative physicians who shall examine veterinarians and registered veterinary technicians requesting wellness under a program. Any reports made under this article by the administrative physician shall constitute an exception to Sections 994 and 995 of the Evidence Code.
(c)CA Business and Professions Code § 4866(c) The wellness program may accept no more
than 100 participants who are licensees of the board.
veterinarian wellness program registered veterinary technicians criteria for participation wellness evaluation committee voluntary participation administrative physicians evidence code exception participant limit supervision and treatment licensees board criteria program acceptance program denial program termination wellness treatment
Section § 4867
This law requires that a wellness evaluation committee must clearly explain the program procedures, rights, and responsibilities to any veterinarian or veterinary technician who wants to join. They also need to explain what might happen if the veterinarian or technician doesn't follow the program rules.
The wellness evaluation committee shall inform each veterinarian and registered veterinary technician who requests participation in a program of the procedures followed in the program, of the rights and responsibilities of the veterinarian and registered veterinary technician in the program, and of the possible results of noncompliance with the program.
wellness evaluation committee veterinarian participation veterinary technician rights program procedures noncompliance consequences program responsibilities wellness program veterinary compliance vet technician procedures program rights informing veterinarians informing technicians veterinary program program failure outcomes
Section § 4868
This law section outlines what a wellness evaluation committee must do. Their tasks include assessing veterinarians and veterinary technicians who want to join health programs, setting up treatment options, and deciding where they can get treatment. They gather information about participants and meet to discuss their cases. The committee also determines if these professionals can safely continue practicing, creates specific treatment plans with rules for oversight, and holds biannual public meetings to review and suggest improvements for the program.
Each wellness evaluation committee shall have the following duties and responsibilities:
(a)CA Business and Professions Code § 4868(a) To evaluate those veterinarians and registered veterinary technicians who request participation in the program according to the guidelines prescribed by the board and to consider the recommendation of the administrative physician on the admission of the veterinarian or registered veterinary technician to the
wellness program.
(b)CA Business and Professions Code § 4868(b) To review and designate those treatment facilities to which veterinarians and registered veterinary technicians in a wellness program may be referred.
(c)CA Business and Professions Code § 4868(c) To receive and review information concerning veterinarians and registered veterinary technicians participating in the program.
(d)CA Business and Professions Code § 4868(d) To call meetings as necessary to consider the requests of veterinarians and registered veterinary technicians to participate in a
wellness program, and to consider reports regarding veterinarians and registered veterinary technicians participating in a program from an administrative physician, or from others.
(e)CA Business and Professions Code § 4868(e) To consider in the case of each veterinarian and registered veterinary technician participating in a program whether they may with safety continue or resume the practice of veterinary medicine or the assisting in the practice of veterinary medicine.
(f)CA Business and Professions Code § 4868(f) To set forth in writing for each veterinarian and registered veterinary technician participating in a program a treatment program established for each such veterinarian and registered veterinary technician
with the requirements for supervision and surveillance.
(g)CA Business and Professions Code § 4868(g) To hold a general meeting at least twice a year, which shall be open and public, to evaluate the program’s progress, to review data as required in reports to the board, to prepare reports to be submitted to the board, and to suggest proposals for changes in the
wellness program.
wellness evaluation committee veterinarians veterinary technicians wellness program treatment facilities safety assessments supervision requirements public meetings treatment plans program evaluation administrative physician health programs participation requests program progress reporting to board
Section § 4869
This law allows a wellness evaluation committee to hold private meetings to discuss reports about veterinarians or veterinary technicians who are either part of or seeking to join a wellness program. The meetings can only be private if it's necessary to protect the individual's privacy.
Notwithstanding Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, relating to public meetings, a wellness evaluation committee may convene in closed session to consider reports pertaining to any veterinarian or registered veterinary technician requesting or participating in a
wellness program. A
wellness evaluation committee shall only convene in closed session to the extent that it is necessary to protect the privacy of a veterinarian or registered veterinary technician.
wellness program veterinarian privacy veterinary technician closed session committee meetings confidential reports privacy protection wellness evaluation private meetings veterinary practice wellness committee vet techs mental health support professional wellness confidentiality
Section § 4870
This section states that veterinarians and veterinary technicians in California who want to be part of a wellness program must agree to follow a treatment plan created by an evaluation committee. If they don't stick to the plan, they might be kicked out of the program.
Each veterinarian and registered veterinary technician who requests participation in a wellness program shall agree to cooperate with the treatment program designed by a wellness evaluation committee. Any failure to comply with the provisions of a treatment program may result in termination of the veterinarian’s or registered veterinary technician’s participation in a
program.
veterinarian wellness program registered veterinary technician treatment program compliance wellness evaluation committee cooperation requirement program termination veterinary treatment plan California wellness program veterinary professional standards veterinary wellness participation
Section § 4871
This law states that once a veterinarian or registered veterinary technician has successfully completed a wellness program and is considered rehabilitated, all records related to their participation in the program must be destroyed. Additionally, any records concerning their treatment in the program are confidential and cannot be accessed or requested through legal processes.
(a)CA Business and Professions Code § 4871(a) After a wellness evaluation committee in its discretion has determined that a veterinarian or registered veterinary technician has been rehabilitated and the wellness program is completed, the wellness
evaluation committee shall purge and destroy all records pertaining to the veterinarian’s or registered veterinary technician’s participation in a wellness program.
(b)CA Business and Professions Code § 4871(b) All board and wellness evaluation committee records and records of proceedings pertaining to the treatment of a veterinarian or registered veterinary technician in a program shall be kept confidential and are not subject to discovery or subpoena.
wellness evaluation committee rehabilitated veterinarian registered veterinary technician wellness program purge records destroy records confidentiality treatment records not subject to discovery not subject to subpoena
Section § 4872
This law says that if someone reports to a wellness evaluation committee or the board, the board will ensure they have legal representation in case they are sued for defamation because of that report.
The board shall provide for the representation of any persons making reports to a wellness evaluation committee or the board under this article in any action for defamation.
wellness evaluation committee reporting protection defamation defense legal representation board responsibility defamation lawsuit reporting individuals board protection defense in court legal backup for reports
Section § 4873
This law states that veterinarians and registered veterinary technicians who join the wellness program must pay a registration fee and any necessary administrative fees.
The board shall charge each veterinarian and registered veterinary technician who is accepted to participate in the wellness program a wellness program registration fee and reasonable administrative fees.
veterinarian veterinary technician wellness program registration fee administrative fees board participation wellness services health program veterinary professionals program fees
