Bill Text: IA HF2374 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act providing that a licensed veterinarian is immune from administrative, civil, or criminal liability in investigations or proceedings involving the mistreatment of animals. (Formerly HSB 556.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2020-03-09 - Subcommittee: Rozenboom, Bisignano, and Schultz. S.J. 543. [HF2374 Detail]
Download: Iowa-2019-HF2374-Introduced.html
House
File
2374
-
Introduced
HOUSE
FILE
2374
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
556)
A
BILL
FOR
An
Act
providing
that
a
licensed
veterinarian
is
immune
1
from
administrative,
civil,
or
criminal
liability
in
2
investigations
or
proceedings
involving
the
mistreatment
of
3
animals.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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2374
Section
1.
Section
169.13,
Code
2020,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
1A.
A
licensed
veterinarian
immune
3
from
administrative,
civil,
or
criminal
liability
under
4
section
169.18A
is
not
subject
to
disciplinary
action
under
5
this
chapter.
Any
information
disclosed
by
a
licensed
6
veterinarian
acting
under
section
169.18A
is
not
subject
to
a
7
confidentiality
requirement
that
would
otherwise
be
applicable
8
to
the
licensed
veterinarian
under
this
chapter.
9
Sec.
2.
NEW
SECTION
.
169.18A
Immunity.
10
A
licensed
veterinarian,
when
acting
in
reasonable
good
11
faith
and
in
conformance
within
the
minimal
standard
of
12
acceptable
and
prevailing
practice
of
veterinary
medicine
13
as
defined
in
rules
adopted
by
the
board,
is
immune
from
14
administrative,
civil,
or
criminal
liability
which
might
15
otherwise
be
incurred
or
imposed
as
a
result
of
the
licensed
16
veterinarian
doing
any
of
the
following:
17
1.
Cooperating
with
a
peace
officer
as
defined
in
section
18
801.4,
in
a
matter
relating
to
another
person’s
conduct
19
that,
if
true,
would
constitute
an
offense
punishable
as
a
20
misdemeanor
or
felony
under
chapter
717B,
717C,
or
717D.
The
21
licensed
veterinarian
may
provide
such
cooperation
in
any
22
manner
that
assists
the
peace
officer,
including
but
not
23
limited
to
making
a
report
to
a
peace
officer
or
providing
the
24
peace
officer
with
information
regarding
the
other
person’s
25
conduct.
26
2.
Cooperating
with
a
local
authority
or
law
enforcement
27
officer,
as
each
is
defined
in
section
717B.1,
to
rescue
a
28
threatened
animal
as
provided
in
section
717B.5.
29
3.
Participating
in
a
dispositional
proceeding
or
complying
30
with
a
court
order
arising
from
the
dispositional
proceeding
31
as
provided
in
section
717B.4.
32
4.
Providing
evidence
in
an
administrative,
civil,
33
or
criminal
case
relating
to
another
person’s
conduct
34
that,
if
true,
would
constitute
an
offense
punishable
as
a
35
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misdemeanor
or
felony
under
chapter
717B,
717C,
or
717D.
The
1
licensed
veterinarian
may
provide
answers
in
a
deposition
2
or
interrogatory,
testimony,
records
as
defined
in
section
3
554D.103,
or
other
physical
evidence.
4
Sec.
3.
Section
670.4,
subsection
1,
Code
2020,
is
amended
5
by
adding
the
following
new
paragraph:
6
NEW
PARAGRAPH
.
0n.
A
claim
based
on
an
act
by
a
licensed
7
veterinarian
when
assisting
a
municipality
in
rescuing
a
8
threatened
animal
as
provided
in
section
717B.5,
if
the
9
licensed
veterinarian
is
immune
from
administrative,
criminal,
10
or
civil
liability
as
provided
in
section
169.18A.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
IMMUNITY
FROM
LIABILITY.
This
bill
amends
provisions
15
in
Code
chapter
169,
the
“Iowa
Veterinary
Practice
Act”,
16
by
providing
that
a
licensed
veterinarian
is
immune
from
17
administrative,
civil,
or
criminal
liability
for
actions
18
taken
while
assisting
in
the
investigation
or
prosecution
of
19
another
person
for
conduct
that,
if
true,
would
constitute
an
20
offense
punishable
as
a
misdemeanor
or
felony
under
several
21
Code
chapters.
Code
chapter
717B
prohibits
various
forms
22
of
animal
mistreatment,
including
abuse,
neglect,
torture,
23
and
injuring
or
interfering
with
a
police
service
dog;
Code
24
chapter
717C
prohibits
bestiality;
and
Code
chapter
717D
25
prohibits
animal
contest
events.
The
licensed
veterinarian
is
26
shielded
from
administrative,
civil,
or
criminal
liability
for
27
cooperating
in
a
criminal
investigation;
assisting
a
county
28
or
city
in
rescuing
a
threatened
animal;
participating
in
a
29
civil
proceeding
to
determine
the
disposition
of
an
animal
or
30
complying
with
a
court
order
arising
from
that
proceeding;
or
31
providing
evidence
in
an
administrative,
civil,
or
criminal
32
proceeding.
The
bill
provides
that
the
licensed
veterinarian
33
is
not
subject
to
professional
discipline
by
the
Iowa
34
veterinary
board
for
taking
action
that
shields
the
licensed
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2374
veterinarian
from
liability.
Finally,
the
bill
provides
that
1
a
licensed
veterinarian
is
immune
from
liability
from
a
claim
2
based
on
an
act
by
the
licensed
veterinarian
while
assisting
a
3
municipality
in
rescuing
a
threatened
animal.
4
BACKGROUND.
The
offenses
in
Code
chapter
717B
apply
5
generally
to
all
nonhuman
vertebrate
animals,
including
dogs
6
and
cats,
unless
specifically
excluded.
It
does
not
apply
to
7
livestock
(Code
chapter
717);
game,
fur-bearing
animals,
fish,
8
reptiles,
or
amphibians
(Code
chapter
481A),
unless
such
animal
9
is
owned,
confined,
or
controlled
by
a
person;
or
nongame
10
animals
declared
to
be
a
nuisance
by
the
natural
resource
11
commission
(Code
chapter
481A).
A
local
authority
(city
or
12
county)
may
rescue
a
threatened
animal
and
a
court
may
provide
13
for
the
disposition
of
that
animal.
A
threatened
animal
14
is
an
animal
that
has
been
abused,
neglected,
or
tortured.
15
Code
chapter
717C
applies
to
any
nonhuman
vertebrate
animal
16
without
exception
and
the
offense
involves
a
person’s
sexual
17
contact
with
the
animal.
Code
chapter
717D
also
applies
to
any
18
nonhuman
vertebrate
animal
without
exception
and
the
offense
19
involves
a
person
participating
in
an
event
organized
for
20
entertainment
or
profit
where
any
animal
is
injured,
tormented,
21
or
killed.
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