PROPOSED ACTION ON REGULATIONS

TITLE 16. VETERINARY MEDICAL BOARD

NOTICE IS HEREBY GIVEN that the Veterinary Medical Board (Board) is proposing to take the action described in the Informative Digest. Any person interested may present statements or arguments orally or in writing relevant to the action proposed at a hearing to be held at the Hearing Room at 2005 Evergreen Street, Sacramento, California at 10 a.m. on Wednesday, July 24, 2013.

Written comments, including those sent by mail, facsimile, or e-mail to the addresses listed under Contact Person in this Notice, must be received by the Board at its office not later than 5:00 p.m. on Monday, July 15, 2013, or must be received by the Board at the hearing.

The Board upon its own motion or at the instance of any interested party may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text. With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

Authority and Reference:

Pursuant to authority vested by Business and Professions Code section 4808 and to implement, interpret or make specific sections 135, 4800, 4841.1, 4841.4, 4841.5, 4842.5, 4846.1, and 4848 of said Code, the Board is considering changes to Division 20 of Title 16 of the California Code of Regulations (CCR) as follows:

INFORMATIVE DIGEST

A. Informative Digest

BPC section 4808 authorizes the Board to adopt, amend, or repeal such rules and regulations as may be reasonably necessary to enable it to carry into effect the provisions of the Veterinarian Medicine Practice Act.

This regulatory proposal will adopt or amend CCR sections 2002, 2010, 2010.1, 2010.2, 2014, 2014.1, 2015, 2015.1, 2068.6, and 2071.

B. Policy Statement Overview/Anticipated Benefits of Proposal

C. BPC section 4841.4 specifically directs the Board, among other things, to establish that the examination for veterinary technicians shall consist of a national licensing examination and an examination specific to animal health care tasks limited to California registered veterinary technicians. The Board currently administers a single veterinary technician examination that measures knowledge on health care tasks in California.

The Board currently administers a single veterinary technician examination that focuses on California animal health care tasks. By incorporating the national veterinary technician examination as a prerequisite to eligibility for licensure the Board is formally adopting the national minimum competency standard for veterinary technicians. Then, by creating a separate examination specific to animal health care tasks in California the Board will be more effectively testing for all minimum competencies of veterinary technology in California and thereby affording increased protection to the consumer through increased assessment of applicants' knowledge and ability to perform veterinary technician-specific job tasks.

The American Association of Veterinary State Boards (AAVSB) approves veterinary technician applicants for most licensing jurisdictions. Only those applicants who have graduated from American Veterinary Medical Association accredited schools are eligible to take the Veterinary Technician National Examination (VTNE) through the AAVSB approval process. California veterinary technician candidates who apply for examination eligibility through California's "alternate route" (CCR section 2068.5) will be made eligible to take the VTNE. Adopting the VTNE as the single standard for competency provides consumer protection and allows veterinary technicians more licensure mobility from state to state.

D. Consistency and Compatibility with Existing State Regulations

The Board has evaluated this regulatory proposal and it is not inconsistent nor incompatible with existing state regulations.

FISCAL IMPACT ESTIMATES

Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None.

Nondiscretionary Costs/Savings to Local Agencies: None.

Local Mandate: None.

Cost to Any Local Agency or School District for Which Government Code Sections 17500-17630 Require Reimbursement: None.

Business Impact:

The board has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

BPC section 4841.4 directs the Board to establish that the veterinary technician examination shall consist of a national licensing examination and an examination specific to animal health care tasks limited to California registered veterinary technicians.

Along with other application requirements, veterinary technician candidates are required to have passed the VTNE and California veterinary technician examination prior to licensure and presumed employment by a California business as a registered veterinary technician. The Board does not anticipate there will be any change to the number of veterinary technician applicants based on the new examination requirements.

Cost Impact on Representative Private Person or Business:

The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Effect on Housing Costs: None.

EFFECT ON SMALL BUSINESS

The Board has determined that the proposed regulations would not affect small businesses. BPC section 4841.4 directs the Board to establish that the veterinary technician examination shall consist of a national licensing examination and an examination specific to animal health care tasks limited to California registered veterinary technicians.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS

Impact on Jobs/Businesses:

The Board has determined that this regulatory proposal will not have any impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the State of California.

Benefits of Regulation:

By requiring California veterinary technician applicants to take the national veterinary technician examination and California veterinary technician examination consumers are assured that veterinary technicians have met the national examination standard as well as the California standard thereby affording increased protection to the consumer through increased assessment of applicants' knowledge and ability to practice veterinary technician-specific job tasks.

CONSIDERATION OF ALTERNATIVES

The Board must determine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposal described in this Notice, or would be more cost-effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may present statements or arguments orally or in writing relevant to the above determinations at the above-mentioned hearing.

INITIAL STATEMENT OF REASONS AND INFORMATION

The Board has prepared an initial statement of the reasons for the proposed action and has available all the information upon which the proposal is based.

TEXT OF PROPOSAL

Copies of the exact language of the proposed regulations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained at the hearing or prior to the hearing upon request from the Board at 2005 Evergreen Street, Sacramento, California 95815.

AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE

All the information upon which the proposed regulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below.

You may obtain a copy of the final statement of reasons once it has been prepared, by making a written request to the contact person named below or by accessing the website listed below.

CONTACT PERSON

Inquiries or comments concerning the proposed rulemaking action may be addressed to:

The backup contact person is:

Website Access: Materials regarding this proposal can be found at www.vmb.ca.gov.