Section § 4875

Explanation

This law allows the California Veterinary Medical Board to either revoke or suspend a veterinary license or registration after a formal notice and hearing. Additionally, the board can fine veterinarians up to $5,000 for specific violations instead of, or along with, suspension or revocation. The process for these actions follows established government procedures, and any fines collected are added to a special fund for the board.

The board may revoke or suspend for a certain time the license or registration of any person to practice veterinary medicine or any branch of veterinary medicine in this state after notice and hearing for any of the causes provided in this article. In addition to its authority to suspend or revoke a license or registration, the board shall have the authority to assess a fine not in excess of five thousand dollars ($5,000) against a licensee or registrant for any of the causes specified in Section 4883. A fine may be assessed in lieu of or in addition to a suspension or revocation. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted in that chapter. Notwithstanding Section 4903, all fines collected pursuant to this section shall be deposited to the credit of the California Veterinary Medical Board Contingent Fund.

Section § 4875.1

Explanation

This section of the law outlines how the veterinary board in California should focus its resources on investigations and actions against veterinarians and vet technicians posing the most serious risks to animals and the public. The top priority is given to cases of negligence or incompetence leading to death or serious injury to animals. Other high-priority cases include animal cruelty, involvement in criminal activities, working under the influence, substance abuse, self-prescribing dangerous drugs, over-prescribing without proper relationships, and poor sanitary conditions threatening health and safety. Additionally, the board must annually report on the disciplinary actions taken categorized by these priorities.

(a)CA Business & Professions Code § 4875.1(a) In order to ensure that its resources are maximized for the protection of the public, the board shall prioritize its investigative and prosecutorial resources to ensure that veterinarians and registered veterinary technicians representing the greatest threat of harm are identified and disciplined expeditiously. Cases involving any of the following allegations shall be handled on a priority basis, as follows, with the highest priority being given to cases in paragraph (1):
(1)CA Business & Professions Code § 4875.1(a)(1) Negligence or incompetence that involves death or serious bodily injury to an animal patient, such that the veterinarian or registered veterinary technician represents a danger to the public.
(2)CA Business & Professions Code § 4875.1(a)(2) Cruelty to animals.
(3)CA Business & Professions Code § 4875.1(a)(3) A conviction or convictions for a criminal charge or charges or being subject to a felony criminal proceeding without consideration of the outcome of the proceeding.
(4)CA Business & Professions Code § 4875.1(a)(4) Practicing veterinary medicine while under the influence of drugs or alcohol.
(5)CA Business & Professions Code § 4875.1(a)(5) Drug or alcohol abuse by a veterinarian or registered veterinary technician involving death or serious bodily injury to an animal patient or to the public.
(6)CA Business & Professions Code § 4875.1(a)(6) Self-prescribing of any dangerous drug, as defined in Section 4022, or any controlled substance, as defined in Section 4021.
(7)CA Business & Professions Code § 4875.1(a)(7) Repeated acts of excessive prescribing, furnishing, or administering of controlled substances, as defined in Section 4021, or repeated acts of prescribing, dispensing, or furnishing of controlled substances, as defined in Section 4021, without having first established a veterinarian-client-patient relationship pursuant to Section 4826.6.
(8)CA Business & Professions Code § 4875.1(a)(8) Extreme departures from minimum sanitary conditions such that there is a threat to an animal patient or the public and animal health and safety, only if the case has already been subject to Section 494 and board action.
(b)CA Business & Professions Code § 4875.1(b) The board may prioritize cases involving an allegation of conduct that is not described in subdivision (a). Those cases prioritized shall not be assigned a priority equal to or higher than the priorities established in subdivision (a).
(c)CA Business & Professions Code § 4875.1(c) The board shall annually report and make publicly available the number of disciplinary actions that are taken in each priority category specified in subdivisions (a) and (b).

Section § 4875.2

Explanation

When an investigation finds that a vet, vet tech, or someone without a license has likely broken the rules, the executive officer can issue a citation, following certain procedures and regulations.

If, upon completion of an investigation, the executive officer has probable cause to believe that a veterinarian, a registered veterinary technician, or an unlicensed person has violated provisions of this chapter, the executive officer may issue a citation to the veterinarian, registered veterinary technician, or unlicensed person, in accordance with Sections 125.9 and 148 and the board’s regulations established pursuant thereto.

Section § 4875.3

Explanation

This law states that if the board finds that a veterinarian's workplace does not meet required standards during an inspection, they must notify the veterinarian of any problems and allow time to fix them before taking further action. However, if the issues pose an immediate threat to public or animal health and safety, the board can quickly suspend the veterinarian's practice with an interim order.

If the board determines, as a result of its inspection of the premises pursuant to Section 4809.5, or any other place where veterinary medicine, veterinary dentistry, veterinary surgery, or the various branches thereof is practiced, or that is otherwise in the possession of a veterinarian for purpose of that practice, that it is not in compliance with the standards established by the board, the board shall provide a notice of any deficiencies and provide a reasonable time for compliance with those standards prior to commencing any further action pursuant to this article. The board may issue an interim suspension order pursuant to Section 494 in those cases where the violations represent an immediate threat to the public and animal health and safety.

Section § 4875.4

Explanation

This California law states that when the board issues fines for certain violations, they must follow specific guidelines. These guidelines consider how serious the violation is, whether the person honestly tried to comply, and their history of past violations. The highest fine for each violation can't be more than $5,000. Regulations must align with existing citation and fine procedures.

(a)CA Business & Professions Code § 4875.4(a) The board shall, in the manner prescribed in Section 4808, adopt regulations covering the assessment of civil penalties under this article which give due consideration to the appropriateness of the penalty with respect to the following factors:
(1)CA Business & Professions Code § 4875.4(a)(1) The gravity of the violation, including, but not limited to, whether the violation is minor.
(2)CA Business & Professions Code § 4875.4(a)(2) The good faith of the person being charged.
(3)CA Business & Professions Code § 4875.4(a)(3) The history of previous violations.
(b)CA Business & Professions Code § 4875.4(b) In no event shall the civil penalty for each citation issued be assessed in an amount greater than five thousand dollars ($5,000).
(c)CA Business & Professions Code § 4875.4(c) Regulations adopted by the board shall be pursuant to the procedures for citations and fines in accordance with Section 125.9.

Section § 4875.6

Explanation

If someone is cited under this regulation, they can request an informal meeting to discuss their citation within 30 days. This meeting, held by an executive officer or their representative, should occur within 60 days of the request, unless there's a good reason to delay. After the meeting, the citation can be kept as is, changed, or dropped. The decision and reasons must be given to the person within 30 days of the meeting. If the citation is upheld or changed, the person has another 30 days to ask for a formal hearing. Once a decision is made after the informal meeting, another such meeting cannot be requested for the same citation.

(a)CA Business & Professions Code § 4875.6(a) In addition to requesting an administrative hearing as provided for in paragraph (4) of subdivision (b) of Section 125.9, the cited person may request an informal conference to review the acts shared in the citation. The cited person shall make the request for an informal conference in writing, within 30 days of the date of issuance of the citation, to the executive officer.
(b)CA Business & Professions Code § 4875.6(b) The executive officer or their designee shall hold, within 60 days from the receipt of the request, an informal conference with the cited person. The executive officer or their designee may extend the 60-day period for good cause.
(c)CA Business & Professions Code § 4875.6(c) Following the informal conference, the executive officer or their designee may affirm, modify, or dismiss the citation, including any fine that is levied, order of abatement, or order of correction issued. The executive officer or their designee shall state in writing the reasons for the action and transmit a copy of those findings to the cited person within 30 days after the informal conference.
(d)CA Business & Professions Code § 4875.6(d) If the citation, including any fine that is levied, order of abatement, or order of correction, is affirmed or modified following the informal conference, the respondent may make a request in writing to the executive officer within 30 days of the affirmed or modified citation, for a formal hearing, which shall be conducted as provided in paragraph (4) of subdivision (b) of Section 125.9.
(e)CA Business & Professions Code § 4875.6(e) A cited person shall not request an informal conference for a citation that has been affirmed or modified following an informal conference.

Section § 4876

Explanation

This law gives the board the power to discipline people with licenses or registrations by putting them on probation. This could involve making them take courses, undergo medical exams, or limiting what they can do in their profession. These steps aim to ensure competent practice and may be used instead of, or in addition to, suspending or revoking a license or issuing fines.

In addition to its authority to suspend or revoke a license or registration, or assess a fine on a person licensed or registered under this chapter, the board shall have the authority to place a licensee or registrant on probation. The authority of the board to discipline by placing the licensee or registrant on probation shall include, but is not limited to, the following:
(a)CA Business & Professions Code § 4876(a) Requiring the licensee or registrant to complete a course of study or service, or both, as prescribed by the board, and to demonstrate renewed competence to the satisfaction of the board.
(b)CA Business & Professions Code § 4876(b) Requiring the licensee or registrant to submit to a complete diagnostic examination by one or more physicians appointed by the board. If the board requires a licensee or registrant to submit to that examination, the board shall receive and consider any other report of a complete diagnostic examination given by one or more physicians of the licensee’s or registrant’s choice.
(c)CA Business & Professions Code § 4876(c) Restricting or limiting the extent, scope, or type of practice of the licensee or registrant.

Section § 4881

Explanation

Whenever a professional license is suspended, revoked, restricted, or when fines are issued, it's the responsibility of the executive officer to record these actions officially. This record is considered initial proof that these actions happened, and that everything done by the board regarding these actions followed the proper procedures.

The executive officer in all cases of suspension, revocation, or restriction of licenses or assessment of fines shall enter on the register the fact of suspension, revocation, restriction, or fine, as the case may be. The record of any suspension, revocation, restriction, or fine so made by the county clerks shall be prima facie evidence of the fact thereof, and of the regularity of all the proceedings of the board in the matter of the suspension, revocation, restriction, or fine.

Section § 4883

Explanation

This section explains the reasons why the board can deny, revoke, or suspend a veterinary license. These reasons include criminal convictions related to veterinary practice, associating with illegal practitioners, violating the law, using fraudulent practices, or unprofessional conduct. Other reasons include involvement with controlled substances, false advertising, mistreatment of animals, sanitary violations, and misleading claims of veterinary specialty certification. Additionally, engaging with cannabis businesses without proper disclosure or recommending cannabis improperly, along with improper influence over other veterinarians, can lead to disciplinary actions.

The board may deny, revoke, or suspend a license or registration or assess a fine as provided in Section 4875 for any of the following:
(a)CA Business & Professions Code § 4883(a) Conviction of a crime substantially related to the qualifications, functions, or duties of veterinary medicine, surgery, or dentistry, in which case the record of the conviction shall be conclusive evidence.
(b)CA Business & Professions Code § 4883(b) For having professional connection with, or lending the licensee’s or registrant’s name to, any illegal practitioner of veterinary medicine and the various branches thereof.
(c)CA Business & Professions Code § 4883(c) Violation or attempting to violate, directly or indirectly, any of the provisions of this chapter.
(d)CA Business & Professions Code § 4883(d) Fraud or dishonesty in applying, treating, or reporting on tuberculin or other biological tests.
(e)CA Business & Professions Code § 4883(e) Employment of anyone but a veterinarian licensed in the state to demonstrate the use of biologics in the treatment of animals.
(f)CA Business & Professions Code § 4883(f) False or misleading advertising.
(g)CA Business & Professions Code § 4883(g) Unprofessional conduct, that includes, but is not limited to, the following:
(1)CA Business & Professions Code § 4883(g)(1) Conviction of a charge of violating any federal statutes or rules or any statute or rule of this state regulating dangerous drugs or controlled substances. The record of the conviction is conclusive evidence thereof. A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The board may order the license or registration to be suspended or revoked, or assess a fine, or decline to issue a license or registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4, 1210.1, or 3063.1 of the Penal Code allowing the person to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(2)Copy CA Business & Professions Code § 4883(g)(2)
(A)Copy CA Business & Professions Code § 4883(g)(2)(A) The use of, or prescribing for or administering to oneself, any controlled substance.
(B)CA Business & Professions Code § 4883(g)(2)(A)(B) The use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages to the extent, or in any manner as to be dangerous or injurious to a person licensed or registered under this chapter, or to any other person or to the public, or to the extent that the use impairs the ability of the person so licensed or registered to conduct with safety the practice authorized by the license or registration.
(C)CA Business & Professions Code § 4883(g)(2)(A)(C) The conviction of more than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section or any combination thereof, and the record of the conviction is conclusive evidence.
A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The board may order the license or registration to be suspended or revoked or assess a fine, or may decline to issue a license or registration, when the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending imposition of sentence, irrespective of a subsequent order under Section 1203.4, 1210.1, or 3063.1 of the Penal Code allowing the person to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(3)CA Business & Professions Code § 4883(3) A violation of any federal statute, rule, or regulation or any of the statutes, rules, or regulations of this state regulating dangerous drugs or controlled substances.
(h)CA Business & Professions Code § 4883(h) Failure to keep the licensee’s or registrant’s premises and all equipment therein in a clean and sanitary condition.
(i)CA Business & Professions Code § 4883(i) Fraud, deception, negligence, or incompetence in the practice of veterinary medicine.
(j)CA Business & Professions Code § 4883(j) Aiding or abetting in any acts that are in violation of any of the provisions of this chapter.
(k)CA Business & Professions Code § 4883(k) The employment of fraud, misrepresentation, or deception in obtaining the license or registration.
(l)CA Business & Professions Code § 4883(l) The revocation, suspension, or other discipline by another state or territory of a license, certificate, or registration to practice veterinary medicine or as a veterinary technician in that state or territory.
(m)CA Business & Professions Code § 4883(m) Cruelty to animals, conviction on a charge of cruelty to animals, or both.
(n)CA Business & Professions Code § 4883(n) Disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of veterinary medicine or the practice of a veterinary technician.
(o)CA Business & Professions Code § 4883(o) Violation, or the assisting or abetting violation, of any regulations adopted by the board pursuant to this chapter.
(p)CA Business & Professions Code § 4883(p) Accepting, soliciting, or offering any form of remuneration from or to a cannabis licensee if the veterinarian or the veterinarian’s immediate family have a financial interest with the cannabis licensee. For purposes of this subdivision, the following definitions shall apply:
(1)CA Business & Professions Code § 4883(p)(1) “Cannabis licensee” shall have the same meaning as “licensee” in Section 26001.
(2)CA Business & Professions Code § 4883(p)(2) “Financial interest” shall have the same meaning as in Section 650.01.
(q)CA Business & Professions Code § 4883(q) Discussing or recommending cannabis for use with a client while the veterinarian is employed by, or has an agreement with, a cannabis licensee. For purposes of this subdivision, “cannabis licensee” shall have the same meaning as “licensee” in Section 26001.
(r)CA Business & Professions Code § 4883(r) Distributing any form of advertising for cannabis in California.
(s)CA Business & Professions Code § 4883(s) Making any statement, claim, or advertisement that the licensee or registrant is a veterinary specialist or board certified unless they are certified by an American Veterinary Medical Association-Recognized Veterinary Specialty Organization or a National Association of Veterinary Technicians in America-Recognized Veterinary Specialty Organization.
(t)CA Business & Professions Code § 4883(t) Exercising control over, interfering with, or attempting to influence the professional judgment of another California-licensed veterinarian or registered veterinary technician through coercion, extortion, inducement, collusion, or intimidation through any means, including, but not limited to, compensation, in order to require the other California-licensed veterinarian or registered veterinary technician to perform veterinary services in a manner inconsistent with current veterinary medical practice in this state.

Section § 4884

Explanation

This law says that veterinarians in California can't give or sell cannabis to animal patients. However, they won't get into trouble with the state board for talking about or suggesting cannabis for animals as long as they aren't being negligent or incompetent. The board was required to set up some guidelines by 2020 for vets on how to talk about cannabis with pet owners, and by 2024 for how to recommend it. These guidelines are available on the board's website.

(a)CA Business & Professions Code § 4884(a) A licensee shall not dispense or administer cannabis or cannabis products to an animal patient.
(b)CA Business & Professions Code § 4884(b) Notwithstanding any other law and absent negligence or incompetence, a veterinarian licensed under this chapter shall not be disciplined by the board or have their license denied, revoked, or suspended solely for discussing or recommending the use of cannabis on an animal for potential therapeutic effect or health supplementation purposes.
(c)CA Business & Professions Code § 4884(c) On or before January 1, 2020, the board shall adopt guidelines for veterinarians to follow when discussing cannabis within the veterinarian-client-patient relationship. The board shall post the guidelines on its internet website.
(d)CA Business & Professions Code § 4884(d) By January 1, 2024, the board shall adopt guidelines for veterinarians to follow when recommending cannabis within the veterinarian-client-patient relationship. The board shall post the guidelines on its internet website.

Section § 4885

Explanation

If someone in the veterinary field is found guilty or pleads no contest to a felony or any offense related to their work, it's considered a conviction. This can lead to their license being revoked, suspended, or a fine being imposed. If the person doesn't appeal or loses their appeal, or even if their conviction is later dismissed or set aside, the board in charge can still take these actions against their license.

A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of a felony or of any offense related to the practice of veterinary medicine or the practice of a veterinary technician is deemed to be a conviction within the meaning of this article. The board may order the license or registration to be suspended or revoked, or assess a fine as provided in Section 4883 or may decline to issue a license or registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4, 1210.1, or 3063.1 of the Penal Code allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.

Section § 4886

Explanation

If someone's veterinary license or registration was taken away or suspended, and they want it back, the board might set some rules for them to follow after it's reinstated. These rules can include taking extra professional training and passing tests, showing their current ability with different types of exams, getting checked out by doctors (with the board looking at results from both their own chosen doctors and ones appointed by the board), or having limits on what they can do in their veterinary practice.

In reinstating a license or registration that has been revoked or suspended under Section 4883, the board may impose terms and conditions to be followed by the licensee or registrant after the license or registration has been reinstated. The authority of the board to impose terms and conditions includes, but is not limited to, the following:
(a)CA Business & Professions Code § 4886(a) Requiring the licensee or registrant to obtain additional professional training and to pass an examination upon completion of the training.
(b)CA Business & Professions Code § 4886(b) Requiring the licensee or registrant to pass a verbal, written, practical, or clinical examination, or any combination of those examinations, to determine their present fitness to engage in the practice of veterinary medicine or to practice as a veterinary technician.
(c)CA Business & Professions Code § 4886(c) Requiring the licensee or registrant to submit to a complete diagnostic examination by one or more physicians appointed by the board. If the board requires the licensee or registrant to submit to that examination, the board shall receive and consider any other report of a complete diagnostic examination given by one or more physicians of the licensee’s or registrant’s choice.
(d)CA Business & Professions Code § 4886(d) Restricting or limiting the extent, scope, or type of practice of the licensee or registrant.

Section § 4887

Explanation

If your professional license has been revoked or you're on probation, you can ask the board to give it back or lessen the penalty after some time has passed. This period depends on the original punishment: at least three years for revoked licenses, two years for long probations, and one year for shorter probations. In certain cases, you might be allowed to petition earlier. The request must include recommendations from two veterinarians who know you well. The board will consider your past actions, reputation, and efforts to improve before deciding. They might add conditions if they decide to reinstate your license. They won't consider your petition if you're still under criminal sentence, and they can turn down requests made within two years of a previous decision without further discussion.

(a)Copy CA Business & Professions Code § 4887(a)
(1)Copy CA Business & Professions Code § 4887(a)(1) A person whose license or registration has been revoked or who has been placed on probation may petition the board for reinstatement or modification of penalty including modification or termination of probation after the period as described below in subparagraphs (A) to (C), inclusive, has elapsed from the effective date of the decision ordering the disciplinary action. The petition shall state facts as required by the board. The period shall be as follows:
(A)CA Business & Professions Code § 4887(a)(1)(A) At least three years for reinstatement of a surrendered or revoked license.
(B)CA Business & Professions Code § 4887(a)(1)(B) At least two years for early termination or modification of probation of three years or more.
(C)CA Business & Professions Code § 4887(a)(1)(C) At least one year for modification of a condition or termination of probation of less than three years.
(2)CA Business & Professions Code § 4887(a)(2) Notwithstanding paragraph (1), the board may, upon a showing of good cause, specify in a revocation order, a surrender order, or an order imposing probation of more than three years that the person may petition the board for reinstatement or modification or termination of probation after one year.
(b)CA Business & Professions Code § 4887(b) The petition shall be accompanied by at least two verified recommendations from veterinarians licensed by the board who have personal knowledge of the activities of the petitioner since the disciplinary penalty was imposed. The petition shall be heard by the board. The board may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioner’s activities since the license or registration was in good standing, and the petitioner’s rehabilitation efforts, general reputation for truth, and professional ability. The hearing may be continued from time to time as the board finds necessary.
(c)CA Business & Professions Code § 4887(c) The board reinstating the license or registration or modifying a penalty may impose terms and conditions as it determines necessary. To reinstate a revoked license or registration or to otherwise reduce a penalty or modify probation shall require a vote of five of the members of the board.
(d)CA Business & Professions Code § 4887(d) The petition shall not be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. The board may deny without a hearing or argument any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section.