2007 California Business and Professions Code Article 3.5. Diversion Evaluation Committees

CA Codes (bpc:4860-4873)

4860.  It is the intent of the Legislature that the Veterinary
Medical 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.



4861.  One or more diversion evaluation committees is hereby
authorized to be established by the board.  Each diversion evaluation
committee shall be composed of five persons appointed by the board.

   Each diversion evaluation committee shall have the following
composition:
   (a) Three veterinarians licensed under this chapter.  The board in
making its appointments shall give consideration to recommendations
of veterinary associations and local veterinary societies and shall
consider, among others, where appropriate, the appointment of
veterinarians who have recovered from impairment or who have
knowledge and expertise in the management of impairment.
   (b) Two public members.
   Each person appointed to a diversion evaluation committee shall
have experience or knowledge in the evaluation or management of
persons who are impaired due to alchohol or drug abuse.
   It shall require the majority vote of the board to appoint a
person to a diversion 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.
   The board may appoint a program director and other personnel as
necessary to carry out provisions of this article.




4862.  Each member of a diversion evaluation committee shall receive
per diem and expenses as provided in Section 103.



4863.  Three members of a diversion evaluation committee shall
constitute a quorum for the transaction of business at any meeting.
Any action requires the majority vote of the diversion evaluation
committee.


4864.  Each diversion evaluation committee shall elect from its
membership a chairperson and a vice chairperson.



4865.  The board shall administer the provisions of this article.



4866.  (a) The board shall establish criteria for the acceptance,
denial, or termination of veterinarians and animal health technicians
in a diversion program.  Only those veterinarians and animal health
technicians who have voluntarily requested diversion treatment and
supervision by a diversion evaluation committee shall participate in
a program.
   (b) The board shall establish criteria for the selection of
administrative physicians who shall examine veterinarians and animal
health technicians requesting diversion 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) The diversion program may accept no more than 100 participants
who are licensees of the board.


4867.  The diversion evaluation committee shall inform each
veterinarian and animal health technician who requests participation
in a program of the procedures followed in the program, of the rights
and responsibilities of the veterinarian and animal health
technician in the program, and of the possible results of
noncompliance with the program.



4868.  Each diversion evaluation committee shall have the following
duties and responsibilities:
   (a) To evaluate those veterinarians and animal health 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
animal health technician to the diversion program.
   (b) To review and designate those treatment facilities to which
veterinarians and animal health technicians in a diversion program
may be referred.
   (c) To receive and review information concerning veterinarians and
animal health technicians participating in the program.
   (d) To call meetings as necessary to consider the requests of
veterinarians and animal health technicians to participate in a
diversion program, and to consider reports regarding veterinarians
and animal health technicians participating in a program from an
administrative physician, or from others.
   (e) To consider in the case of each veterinarian and animal health
technician participating in a program whether he or she may with
safety continue or resume the practice of veterinary medicine or the
assisting in the practice of veterinary medicine.
   (f) To set forth in writing for each veterinarian and animal
health technician participating in a program a treatment program
established for each such veterinarian and animal health technician
with the requirements for supervision and surveillance.
   (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
diversion program.



4869.  Notwithstanding the provisions of 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 diversion evaluation
committee may convene in closed session to consider reports
pertaining to any veterinarian or animal health technician requesting
or participating in a diversion program.  A diversion evaluation
committee shall only convene in closed session to the extent that it
is necessary to protect the privacy of such a veterinarian or animal
health technician.


4870.  Each veterinarian and animal health technician who requests
participation in a diversion program shall agree to cooperate with
the treatment program designed by a diversion evaluation committee.
Any failure to comply with the provisions of a treatment program may
result in termination of the veterinarian's or animal health
technician's participation in a program.



4871.  (a) After a diversion evaluation committee in its discretion
has determined that a veterinarian or animal health technician has
been rehabilitated and the diversion program is completed, the
diversion evaluation committee shall purge and destroy all records
pertaining to the veterinarian's or animal health technician's
participation in a diversion program.
   (b) All board and diversion evaluation committee records and
records of proceedings pertaining to the treatment of a veterinarian
or animal health technician in a program shall be kept confidential
and are not subject to discovery or subpoena.



4872.  The board shall provide for the representation of any persons
making reports to a diversion evaluation committee or the board
under this article in any action for defamation.



4873.  The board shall charge each veterinarian and animal health
technician who is accepted to participate in the diversion program a
diversion program registration fee.  The diversion program
registration fee shall be set by the board in an amount not to exceed
sixteen hundred dollars (,600).  In the event that the diversion
program registration exceeds two hundred dollars (0), the board
may provide for quarterly payments.