Cal. Code Regs. Tit. 16, § 2021 - Temporary License - Definitions

For purposes of this article and the provisions of sections 4848 and 4848.3 of the code relating to temporary licenses:

(a) "Year of full time clinical veterinary medical practice" shall mean that the applicant for a temporary license has performed clinical veterinary medicine at least 46 weeks in a calendar year and averaged 32 hours per week.

(b) "Temporary licensee" shall mean a holder of a temporary license issued pursuant to section 4848(b) of the code.

(c) "Temporary licensee intern" or "intern" shall mean a holder of a temporary license issued pursuant to section 4848.3 of the code.

(d) "Good standing" as used in reference to a California licensed veterinarian shall mean that the veterinarian:

(1) Is not currently under investigation or has not been charged with an offense for any act substantially related to the practice of veterinary medicine by any public agency, nor entered into any consent agreement or subject to an administrative decision that contains conditions placed by an agency upon the veterinarian's professional conduct or practice, including any voluntary surrender of license, nor been the subject of an adverse judgment resulting from the practice of veterinary medicine that the board determines constitutes evidence of a pattern of incompetence or negligence.

(2) Has no physical or mental impairment related to drugs, alcohol, or has not been found mentally incompetent by a physician so that the veterinarian is unable to undertake the practice of veterinary medicine in a manner consistent with the safety of a patient or the public.

(e)

(1) "Supervision", shall mean that the supervisor of a temporary licensee or temporary licensee intern is ensuring that the extent, kind, and quality of veterinary services performed by the temporary licensee is consistent with that which is ordinarily provided by veterinarians in good standing, practicing in this state, under similar circumstances and conditions; reviewing client/patient records, monitoring and evaluating diagnosis, and treatment decisions of the temporary licensee; monitoring and evaluating the ability of the temporary licensee to provide the services where he or she will be practicing and to the particular clientele being served; and ensuring compliance with the laws and regulations governing the practice of veterinary medicine.

(2) Supervision shall include at least one face-to-face observation and review by the supervisor of the temporary licensee's veterinary services per week which shall be documented and maintained by the supervisor.

(3) Supervision shall include the establishment of a protocol where the supervisor or another designated California licensed veterinarian in good standing are available to the temporary licensee in the event of an emergency or a need arises for a consultation.

(f) "Direct supervision" shall mean that the supervisor of a temporary licensee intern has complied with the provisions of subdivision (e)(1) of this section, and all of the following:

(1) When the supervising board-certified specialist is not physically on site where the intern is performing veterinary medical services, the supervisor shall be available by telephone for consultation with the intern or has designated another board-certified specialist to be available at the site or by telephone for consultation with the intern, and

(2) The supervisor or another board-certified specialist conducts daily face-to-face observation and review of the intern's veterinary medical services.

If a board-certified specialist is unavailable to conduct the daily face-to-face review of the intern's veterinary medical services, the supervisor may order that such a review be performed by a California licensed veterinarian in good standing who is not a board-certified specialist for a period not to exceed fourteen consecutive days.

(g) A "qualifying internship or residency program," within the meaning of section 4848.3 shall mean that the program undergoes annual evaluation and has been approved by the California Veterinary Medical Association ("CVMA") in accordance with its publication entitled "Internship and Residency Approval Program" dated April 10, 2007. If an evaluation results in the withdrawal of approval by the CVMA, the internship or residency program shall no longer be deemed to be a qualifying internship or residency program.

(h) "Board-certified" shall mean a veterinarian who possesses a current and valid regular renewable license to practice veterinary medicine in this state and holds a current and valid certification from the American Veterinary Medical Association in one of the following specialties: anesthesiology, dentistry, dermatology, emergency and critical care, internal medicine (all specialties), ophthalmology, radiology, surgery and theriogenology.

Notes

Cal. Code Regs. Tit. 16, § 2021

1. New article 2.5 (sections 2021-2021.10) and section filed 3-29-99 as an emergency; operative 3-29-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-27-99 or emergency language will be repealed by operation of law on the following day. For prior history of section 2021, see Register 92, No. 12.
2. Certificate of Compliance as to 3-29-99 order transmitted to OAL 7-15-99 and filed 7-30-99 (Register 99, No. 31).
3. Amendment of section and NOTE filed 8-2-99 as an emergency; operative 8-2-99 (Register 99, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-30-99 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-2-99 order, including further amendment of subsections (f)(2)-(h), transmitted to OAL 11-30-99 and filed 1-11-2000 (Register 2000, No. 2).
5. Amendment of subsection (g) filed 6-12-2009; operative 7-12-2009 (Register 2009, No. 24).

Note: Authority cited: Section 4808, Business and Professions Code. Reference: Sections 4848 and 4848.3, Business and Professions Code.

1. New article 2.5 (sections 2021-2021.10) and section filed 3-29-99 as an emergency; operative 3-29-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-27-99 or emergency language will be repealed by operation of law on the following day. For prior history of section 2021, see Register 92, No. 12.
2. Certificate of Compliance as to 3-29-99 order transmitted to OAL 7-15-99 and filed 7-30-99 (Register 99, No. 31).
3. Amendment of section and Note filed 8-2-99 as an emergency; operative 8-2-99 (Register 99, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-30-99 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-2-99 order, including further amendment of subsections (f)(2)-(h), transmitted to OAL 11-30-99 and filed 1-11-2000 (Register 2000, No. 2).
5. Amendment of subsection (g) filed 6-12-2009; operative 7-12-2009 (Register 2009, No. 24).