Bill Text: IA HF434 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act providing for veterinary medicine, including the care of animals under the supervision of a licensed veterinarian, providing penalties, and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-24 - Introduced, referred to Agriculture. H.J. 423. [HF434 Detail]
Download: Iowa-2023-HF434-Introduced.html
House
File
434
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Introduced
HOUSE
FILE
434
BY
SORENSEN
A
BILL
FOR
An
Act
providing
for
veterinary
medicine,
including
the
1
care
of
animals
under
the
supervision
of
a
licensed
2
veterinarian,
providing
penalties,
and
including
effective
3
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
169.4,
subsection
9,
Code
2023,
is
1
amended
to
read
as
follows:
2
9.
Any
veterinary
assistant
Auxiliary
veterinary
personnel
3
employed
by
a
licensed
veterinarian
from
performing
duties
4
other
than
diagnosis,
prescription,
or
surgery
under
the
5
direct
supervision
of
such
veterinarian
which
assistant
has
6
been
issued
a
certificate
by
the
board
subject
to
section
7
169.20
performing
tasks
associated
with
providing
authorized
8
veterinary
medical
services
to
an
animal
patient
under
9
subchapter
II
.
10
Sec.
2.
Section
169.5,
subsection
7,
paragraph
i,
Code
2023,
11
is
amended
by
striking
the
paragraph
and
inserting
in
lieu
12
thereof
the
following:
13
i.
Adopt,
amend,
or
repeal
rules
relating
to
the
standards
14
of
conduct
for,
testing
of,
and
revocation
or
suspension
of
15
certificates
and
licenses
issued
to
auxiliary
veterinary
16
personnel.
However,
a
certificate
or
license
issued
to
17
auxiliary
veterinary
personnel
shall
not
be
suspended
or
18
revoked
by
less
than
a
two-thirds
vote
of
the
entire
board
in
a
19
proceeding
conducted
in
compliance
with
section
17A.12.
20
Sec.
3.
Section
169.20,
subsection
1,
Code
2023,
is
amended
21
to
read
as
follows:
22
1.
A
licensed
veterinarian
may
employ
one
or
more
certified
23
veterinary
assistants
for
any
purpose
other
than
diagnosis,
24
prescription
or
surgery
.
Veterinary
assistants
A
certified
25
veterinary
assistant
shall
only
provide
authorized
veterinary
26
medical
services
to
an
animal
patient
within
limits
prescribed
27
by
rules
adopted
by
the
board.
A
certified
veterinary
28
assistant
shall
not
make
a
diagnosis
or
prescribe
a
drug.
29
A
certified
veterinary
assistant
must
act
under
the
direct
30
supervision
of
a
licensed
veterinarian.
31
Sec.
4.
NEW
SECTION
.
169.31
Subchapter
definitions.
32
As
used
in
this
subchapter,
unless
the
context
otherwise
33
requires:
34
1.
“Animal
patient”
means
an
animal
provided
authorized
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veterinary
medical
services,
including
diagnosis
and
treatment.
1
2.
a.
“Authorized
veterinary
medical
services”
means
2
diagnosing
and
treating
animal
disease,
illness,
or
injury
3
subject
to
restrictions
provided
in
this
subchapter.
4
b.
“Authorized
veterinary
medical
services”
does
not
include
5
performing
any
of
the
following:
6
(1)
Prescribing
or
administering
a
drug
or
class
of
drugs,
7
to
the
extent
prohibited
by
rules
adopted
by
the
board.
8
(2)
Structurally
altering
an
animal’s
body
by
incision
or
by
9
removing
or
destroying
bone
or
tissue.
10
3.
“Auxiliary
veterinary
personnel”
means
a
certified
11
veterinary
assistant,
certified
veterinary
technician,
or
12
licensed
veterinary
technician.
13
4.
“Certified
veterinary
assistant”
means
an
individual
who
14
has
been
issued
a
certification
pursuant
to
section
169.35.
15
5.
“Certified
veterinary
technician”
means
an
individual
who
16
has
been
issued
a
certificate
of
registration
as
provided
in
17
section
169.32.
18
6.
“Licensed
veterinary
technician”
means
a
veterinary
19
technician
who
has
been
issued
a
license
as
provided
in
section
20
169.32.
21
Sec.
5.
NEW
SECTION
.
169.32
Veterinary
technicians
——
22
qualifications.
23
1.
The
board
shall
issue
a
certificate
of
registration
to
a
24
veterinary
technician
who
meets
the
requirements
of
the
board,
25
which
may
include
one
or
more
of
the
following:
26
a.
Completing
a
two-year
program
approved
by
the
American
27
veterinarian
medical
association
committee
on
accreditation
of
28
training
for
veterinary
technicians.
29
b.
Receiving
a
passing
score
on
the
veterinary
technician
30
national
exam
or
a
comparable
exam
approved
by
the
board.
31
c.
Passing
an
examination
for
certification
as
provided
in
32
section
169.5.
33
d.
Assisting
a
licensed
veterinarian
for
a
minimum
number
34
of
hours
as
established
by
rule
adopted
by
the
board.
This
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requirement
may
be
used
as
a
substitute
for
a
requirement
1
described
in
paragraphs
“a”
through
“c”
.
2
2.
a.
The
board
shall
issue
a
license
to
a
certified
3
veterinary
technician
who
completed
a
program
concentrating
4
on
advanced
aspects
of
the
diagnosis
and
treatment
of
animal
5
disease,
illness,
and
injury.
6
b.
The
program
must
be
approved
by
any
of
the
following:
7
(1)
The
American
veterinarian
medical
association
committee
8
on
accreditation
of
training
for
veterinary
technicians.
9
(2)
The
board
according
to
criteria
established
by
rules
10
adopted
by
the
board.
The
program
must
include
at
least
three
11
semesters
of
a
curriculum
equal
to
at
least
thirty
credit
12
hours.
13
c.
The
board
may
require
the
certified
veterinary
technician
14
to
pass
an
examination
for
licensure
as
provided
in
section
15
169.5.
16
3.
In
order
to
be
certified
or
licensed
under
this
section,
17
an
individual
must
submit
a
complete
application
to
the
board
18
that
is
approved
by
the
board,
subject
to
all
of
the
following:
19
a.
The
application
must
be
in
a
form
prescribed
by
the
20
board.
21
b.
To
be
complete,
the
application
must
at
least
include
all
22
of
the
following:
23
(1)
Information
and
material
required
by
the
board.
24
(2)
(a)
A
registration
fee
accompanying
an
application
to
25
be
issued
a
certificate
of
registration
in
an
amount
determined
26
by
the
board.
27
(b)
A
license
fee
accompanying
an
application
to
be
issued
a
28
license
in
an
amount
determined
by
the
board.
29
(3)
Proof
as
required
by
the
board
that
the
applicant
meets
30
the
requirements
for
certification
or
licensure.
31
Sec.
6.
NEW
SECTION
.
169.33
Certified
veterinary
technician
32
——
scope
of
authority.
33
1.
A
certified
veterinary
technician
shall
only
perform
a
34
task
associated
with
providing
authorized
veterinary
medical
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services
to
an
animal
patient
under
a
level
of
supervision
1
determined
by
the
board.
2
2.
The
licensed
veterinarian’s
decision
to
delegate
a
task
3
to
a
certified
veterinary
technician
in
accordance
with
rules
4
adopted
by
the
board
may
be
based
on
any
of
the
following:
5
a.
The
certified
veterinary
technician’s
training,
6
experience,
and
skill.
7
b.
The
extent
to
which
the
licensed
veterinarian
is
in
8
proximity
to
the
animal
patient
or
is
available
via
remote
9
audio
and
video
communication
to
the
certified
veterinary
10
technician
where
the
animal
patient
is
located.
11
Sec.
7.
NEW
SECTION
.
169.34
Licensed
veterinary
technician
12
——
scope
of
authority.
13
1.
A
licensed
veterinary
technician
shall
only
perform
a
14
task
associated
with
providing
authorized
veterinary
medical
15
services
to
an
animal
patient
under
a
level
of
supervision
16
determined
by
a
licensed
veterinarian.
17
2.
The
licensed
veterinarian’s
decision
to
delegate
a
task
18
to
a
licensed
veterinary
technician
may
be
based
on
any
of
the
19
following:
20
a.
The
licensed
veterinary
technician’s
training,
21
experience,
and
skill.
22
b.
The
extent
to
which
the
licensed
veterinarian
is
in
23
proximity
to
the
animal
patient
or
is
available
via
remote
24
audio
and
video
communication
with
the
licensed
veterinary
25
technician
where
the
animal
patient
is
located.
26
Sec.
8.
NEW
SECTION
.
169.36
Auxiliary
veterinary
personnel
27
——
recognized
credentials.
28
1.
The
board
shall
recognize
credentials
of
auxiliary
29
veterinary
personnel
issued
by
other
jurisdictions,
which
shall
30
at
least
include
another
state,
a
United
States
territory,
or
a
31
province
of
Canada.
32
2.
a.
A
person
shall
not
use
any
recognized
title,
33
abbreviation,
or
sign
to
indicate
that
the
person
is
34
certified
as
a
veterinary
assistant,
certified
as
a
veterinary
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technician,
or
licensed
as
a
veterinary
technician,
unless
that
1
person
is
an
individual
who
has
been
issued
that
certificate
or
2
license
by
the
board
pursuant
to
this
subchapter.
3
b.
A
person
who
violates
paragraph
“a”
commits
a
simple
4
misdemeanor.
5
Sec.
9.
CODE
EDITOR
DIRECTIVE.
6
1.
The
Code
editor
is
directed
to
make
the
following
7
transfer:
8
Section
169.20,
as
amended
by
this
Act,
to
section
169.35.
9
2.
The
Code
editor
shall
correct
internal
references
in
the
10
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
11
enactment
of
this
section.
12
Sec.
10.
ADMINISTRATIVE
RULES.
The
board
of
veterinary
13
medicine
shall
submit
a
notice
of
intended
action
to
the
14
administrative
rules
coordinator
and
the
Iowa
administrative
15
code
editor
pursuant
to
section
17A.4,
subsection
1,
paragraph
16
“a”,
not
later
than
September
1,
2023,
for
the
adoption
of
17
rules
required
to
implement
this
Act.
18
Sec.
11.
EFFECTIVE
DATE.
The
section
of
this
Act
requiring
19
the
board
of
veterinary
medicine
to
submit
a
notice
of
intended
20
action
for
the
adoption
of
rules,
being
deemed
of
immediate
21
importance,
takes
effect
upon
enactment.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
GENERAL.
This
bill
amends
the
“Iowa
Veterinary
Practice
26
Act”
(Code
chapter
169)
regulating
the
practice
of
veterinary
27
medicine
by
individuals
receiving
a
doctor
of
veterinary
28
medicine
degree
or
equivalent
(a
veterinarian)
(Code
section
29
162.3)
and
licensed
by
the
Iowa
board
of
veterinary
medicine
30
(board)
by
examination
or
endorsement
(a
licensed
veterinarian)
31
(Code
sections
169.4,
169.9,
and
169.10).
The
board
may
32
issue
a
temporary
permit
to
certain
members
of
the
college
of
33
veterinary
medicine
of
Iowa
state
university
of
science
and
34
technology
or
persons
waiting
to
be
licensed
(Code
sections
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169.4
and
169.11).
Under
current
law,
a
licensed
veterinarian
1
may
employ
one
or
more
veterinary
assistants
who
must
be
2
certified
by
the
board
and
may
perform
functions
under
the
3
direct
supervision
of
the
licensed
veterinarian,
excluding
4
diagnosis,
prescription,
or
surgery.
The
board
has
also
5
adopted
rules
regulating
care
provided
to
animals
by
veterinary
6
technicians
who
are
certified
according
to
requirements,
which
7
may
include
graduating
from
a
two-year
American
veterinary
8
medical
association-accredited
school
of
veterinary
technology
9
or
working
under
the
direction
of
a
licensed
veterinarian,
and
10
having
successfully
passed
an
examination
prescribed
by
the
11
board
(811
IAC
ch.
8).
12
AUXILIARY
VETERINARY
PERSONNEL
——
QUALIFICATIONS.
The
bill
13
recognizes
three
types
of
auxiliary
veterinary
personnel:
14
the
two
current
personnel,
a
certified
veterinary
assistant
15
and
a
certified
veterinary
technician;
and
new
personnel,
16
referred
to
as
a
licensed
veterinary
technician.
The
bill
17
provides
that
auxiliary
veterinary
personnel
must
meet
18
qualification
requirements
set
forth
in
rules
adopted
by
the
19
board.
The
board
may
require
that
a
certified
veterinary
20
technician
have
completed
an
accredited
or
approved
veterinary
21
technology
program,
received
a
passing
score
on
a
national
22
veterinary
technician
examination,
passed
a
board-administered
23
examination,
or
assisted
a
licensed
veterinarian
for
a
minimum
24
number
of
hours.
In
order
to
be
licensed
as
a
veterinary
25
technician,
a
certified
veterinary
technician
must
have
26
completed
a
program
concentrating
on
advanced
aspects
of
the
27
diagnosis
and
treatment
of
animal
disease,
illness,
and
injury
28
(e.g.,
master
of
veterinary
clinical
care).
The
board
may
29
require
that
the
certified
veterinary
technician
also
pass
an
30
exam
for
licensure
administered
by
the
board
(amended
Code
31
section
169.5
and
new
Code
section
169.32).
32
AUXILIARY
VETERINARY
PERSONNEL
——
SCOPE
OF
AUTHORITY.
33
Auxiliary
veterinary
personnel
may
perform
authorized
34
veterinary
medical
services
associated
with
the
practice
of
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veterinary
medicine,
excluding
prescribing
or
administering
1
a
drug
or
class
of
drugs,
if
prohibited
by
rules
adopted
by
2
the
board,
and
structurally
altering
an
animal’s
body
by
3
incision
or
by
removing
or
destroying
bone
or
tissue
(new
4
Code
section
169.31).
Each
type
of
auxiliary
veterinary
5
personnel
is
subject
to
its
own
level
of
supervision
which
6
includes
associated
tasks
that
may
be
delegated
by
a
licensed
7
veterinarian.
For
a
certified
veterinary
technician,
the
level
8
is
determined
by
a
licensed
veterinarian
acting
within
rules
9
adopted
by
the
board
(new
Code
section
169.33),
and
for
a
10
licensed
veterinary
technician,
the
level
is
determined
solely
11
by
the
licensed
veterinarian
(new
Code
section
169.34).
In
12
both
cases,
when
delegating
a
task
to
a
certified
or
licensed
13
veterinary
technician,
a
licensed
veterinarian
may
take
into
14
account
the
training,
experience,
and
skill
of
the
certified
15
or
licensed
veterinary
technician;
and
the
extent
to
which
the
16
licensed
veterinarian
is
in
proximity
to
the
animal
patient
17
or
has
remote
access
to
the
certified
or
licensed
veterinary
18
technician
where
the
animal
patient
is
located
(new
Code
19
sections
169.33
and
169.34).
A
certified
veterinary
assistant
20
can
only
provide
authorized
veterinary
services
within
the
21
limits
prescribed
by
the
board.
A
certified
veterinary
22
assistant
is
prohibited
from
making
a
diagnosis
or
prescribing
23
a
drug
and
must
act
under
the
direct
supervision
of
a
licensed
24
veterinarian
(amended
Code
section
169.20
transferred
to
Code
25
section
169.35).
26
AUXILIARY
VETERINARY
PERSONNEL
——
RECOGNIZED
CREDENTIALS.
27
The
board
must
recognize
credentials
of
auxiliary
veterinary
28
personnel
issued
by
other
jurisdictions.
The
bill
also
29
provides
that
a
person
who
is
not
a
certified
veterinary
30
assistant,
certified
veterinary
technician,
or
licensed
31
veterinary
technician
commits
a
simple
misdemeanor
by
32
wrongfully
claiming
to
hold
such
a
credential.
33
UNAUTHORIZED
PRACTICE
OF
VETERINARY
MEDICINE.
A
person
34
who
acts
in
violation
of
requirements
governing
veterinary
35
-7-
LSB
1824YH
(5)
90
da/ns
7/
8
H.F.
434
medicine
may
be
guilty
of
a
fraudulent
practice.
This
includes
1
practicing
veterinary
medicine
without
a
valid
license
or
2
temporary
permit
(Code
sections
169.4,
169.11,
and
714.8).
3
ADMINISTRATIVE
RULES.
The
bill
requires
the
board
to
begin
4
the
process
of
adopting
rules
required
to
implement
the
bill’s
5
provisions
by
September
1,
2023.
These
provisions
take
effect
6
upon
enactment.
7
PENALTIES.
A
simple
misdemeanor
is
punishable
by
8
confinement
for
no
more
than
30
days
and
a
fine
of
at
least
$105
9
but
not
more
than
$855.
The
penalties
for
fraudulent
practice
10
range
from
a
simple
misdemeanor
to
a
class
“C”
felony
depending
11
upon
the
amount
of
money
or
value
of
the
property
involved.
A
12
serious
misdemeanor
is
punishable
by
confinement
for
no
more
13
than
one
year
and
a
fine
of
at
least
$430
but
not
more
than
14
$2,560.
An
aggravated
misdemeanor
is
punishable
by
confinement
15
for
no
more
than
two
years
and
a
fine
of
at
least
$855
but
16
not
more
than
$8,540.
A
class
“D”
felony
is
punishable
by
17
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
18
$1,025
but
not
more
than
$10,245.
A
class
“C”
felony
is
19
punishable
by
confinement
for
no
more
than
10
years
and
a
fine
20
of
at
least
$1,370
but
not
more
than
$13,660
(Code
sections
21
714.8
to
714.14).
22
-8-
LSB
1824YH
(5)
90
da/ns
8/
8
