Bill Text: IA SF316 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act providing for the conduct of licensed veterinarians when involved in certain legal matters involving the alleged mistreatment of animals, including by providing for immunity from administrative, civil, or criminal liability when acting in good faith; providing for administrative, civil, or criminal liability when not acting in good faith; and making penalties applicable.(Formerly SSB 1038.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-06-05 - Referred to State Government. S.J. 1091. [SF316 Detail]
Download: Iowa-2023-SF316-Introduced.html
Senate
File
316
-
Introduced
SENATE
FILE
316
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
1038)
A
BILL
FOR
An
Act
providing
for
the
conduct
of
licensed
veterinarians
when
1
involved
in
certain
legal
matters
involving
the
alleged
2
mistreatment
of
animals,
including
by
providing
for
immunity
3
from
administrative,
civil,
or
criminal
liability
when
4
acting
in
good
faith;
providing
for
administrative,
civil,
5
or
criminal
liability
when
not
acting
in
good
faith;
and
6
making
penalties
applicable.
7
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
8
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Section
1.
Section
169.3,
Code
2023,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
8A.
“Peace
officer”
means
the
same
as
3
defined
in
section
801.4.
4
Sec.
2.
Section
169.13,
Code
2023,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
1A.
A
licensed
veterinarian
immune
7
from
administrative,
civil,
or
criminal
liability
under
8
section
169.18A
is
not
subject
to
disciplinary
action
under
9
this
chapter.
Any
information
disclosed
by
a
licensed
10
veterinarian
acting
under
section
169.18A
is
not
subject
to
a
11
confidentiality
requirement
that
would
otherwise
be
applicable
12
to
the
licensed
veterinarian
under
this
chapter.
13
Sec.
3.
NEW
SECTION
.
169.18A
Immunity
——
limitations
——
14
administrative,
civil,
and
criminal
liability.
15
1.
A
licensed
veterinarian,
when
acting
in
good
faith
and
16
in
conformance
within
the
minimal
standard
of
acceptable
and
17
prevailing
practice
of
veterinary
medicine
as
defined
in
rules
18
adopted
by
the
board,
is
immune
from
administrative,
civil,
19
or
criminal
liability
which
might
otherwise
be
incurred
or
20
imposed
as
a
result
of
the
licensed
veterinarian
doing
any
of
21
the
following:
22
a.
Cooperating
with
a
peace
officer
in
a
matter
relating
23
to
the
alleged
conduct
of
a
licensed
veterinarian’s
client
24
that,
if
true,
would
constitute
an
offense
punishable
as
a
25
misdemeanor
or
felony
under
chapter
717B,
717C,
or
717D.
The
26
licensed
veterinarian
may
provide
such
cooperation
in
any
27
manner
that
assists
the
peace
officer,
including
but
not
28
limited
to
making
a
report
to
a
peace
officer
or
providing
the
29
peace
officer
with
information
regarding
the
alleged
conduct.
30
b.
Cooperating
with
a
local
authority
or
law
enforcement
31
officer,
as
each
is
defined
in
section
717B.1,
to
rescue
a
32
threatened
animal
as
provided
in
section
717B.5.
33
c.
Participating
in
a
dispositional
proceeding
or
complying
34
with
a
court
order
arising
from
the
dispositional
proceeding
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as
provided
in
section
717B.4.
1
d.
Providing
competent
and
truthful
evidence
in
an
2
administrative,
civil,
or
criminal
case
relating
to
another
3
person’s
conduct
that,
if
true,
would
constitute
an
offense
4
punishable
as
a
misdemeanor
or
felony
under
chapter
717B,
717C,
5
or
717D.
The
licensed
veterinarian
may
provide
answers
in
a
6
deposition
or
interrogatory,
testimony,
record
as
defined
in
7
section
554.1201,
or
other
physical
evidence.
8
2.
A
licensed
veterinarian
who
knowingly
makes
a
false
9
report
to
a
peace
officer
or
knowingly
provides
the
peace
10
officer
with
false
information
regarding
a
client’s
alleged
11
conduct
as
provided
in
subsection
1,
paragraph
“a”
,
is
not
12
acting
in
good
faith,
is
subject
to
disciplinary
action
by
the
13
board,
is
civilly
liable
for
damages
proximately
caused
by
14
making
such
report
or
providing
such
information
to
a
peace
15
officer,
and
is
guilty
of
a
simple
misdemeanor.
16
Sec.
4.
Section
670.4,
subsection
1,
Code
2023,
is
amended
17
by
adding
the
following
new
paragraph:
18
NEW
PARAGRAPH
.
0n.
A
claim
based
on
an
act
by
a
licensed
19
veterinarian
when
assisting
a
municipality
in
rescuing
a
20
threatened
animal
as
provided
in
section
717B.5,
if
the
21
licensed
veterinarian
is
immune
from
administrative,
criminal,
22
or
civil
liability
as
provided
in
section
169.18A,
subsection
23
1.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
IMMUNITY
FROM
LIABILITY
——
LIMITATIONS
——
ADMINISTRATIVE,
28
CIVIL,
AND
CRIMINAL
LIABILITY.
This
bill
amends
provisions
29
in
Code
chapter
169,
the
Iowa
veterinary
practice
Act,
by
30
providing
that
a
licensed
veterinarian
who
acts
in
good
faith
31
is
immune
from
administrative,
civil,
or
criminal
liability
32
for
actions
involving
cases
of
alleged
animal
misconduct
33
under
several
Code
chapters.
Code
chapter
717B
prohibits
34
various
forms
of
animal
mistreatment,
including
abuse,
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neglect,
torture,
and
injuring
or
interfering
with
a
police
1
service
dog;
Code
chapter
717C
prohibits
bestiality;
and
Code
2
chapter
717D
prohibits
animal
contest
events.
The
licensed
3
veterinarian
is
shielded
from
civil
or
criminal
liability
for
4
cooperating
in
a
criminal
investigation
including
by
making
a
5
report
to
a
peace
officer
or
providing
the
peace
officer
with
6
information
regarding
a
client’s
conduct;
assisting
a
county
7
or
city
in
rescuing
a
threatened
animal;
participating
in
a
8
civil
proceeding
to
determine
the
disposition
of
an
animal
or
9
complying
with
a
court
order
arising
from
that
proceeding;
or
10
providing
evidence
in
an
administrative,
civil,
or
criminal
11
proceeding.
However,
the
bill
also
provides
that
a
licensed
12
veterinarian
who
knowingly
makes
a
false
report
to
a
peace
13
officer
or
knowingly
provides
the
peace
officer
with
false
14
information
regarding
a
client’s
conduct
is
not
acting
in
good
15
faith,
is
subject
to
disciplinary
action
by
the
board,
is
16
civilly
liable
for
damages
proximately
caused
by
making
such
17
report
or
providing
such
information
to
a
peace
officer,
and
18
is
guilty
of
a
simple
misdemeanor.
A
simple
misdemeanor
is
19
punishable
by
confinement
for
no
more
than
30
days
and
a
fine
20
of
at
least
$105
but
not
more
than
$855.
21
A
veterinarian
is
defined
as
any
person
who
has
received
a
22
doctor
of
veterinary
medicine
degree
or
its
equivalent
from
an
23
accredited
or
approved
college
of
veterinary
medicine
(Code
24
section
169.3(11))
as
compared
to
a
licensed
veterinarian
25
who
also
meets
the
exam
requirements
to
practice
veterinary
26
medicine
or
as
otherwise
prescribed
by
the
board
(Code
sections
27
169.9
and
169.10).
28
BACKGROUND.
The
offenses
in
Code
chapter
717B
apply
29
generally
to
all
nonhuman
vertebrate
animals,
including
dogs
30
and
cats,
unless
specifically
excluded.
It
does
not
apply
to
31
livestock
(Code
chapter
717);
game,
fur-bearing
animals,
fish,
32
reptiles,
or
amphibians
(Code
chapter
481A),
unless
such
animal
33
is
owned,
confined,
or
controlled
by
a
person;
or
nongame
34
animals
declared
to
be
a
nuisance
by
the
natural
resource
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commission
(Code
chapter
481A).
A
local
authority
(city
or
1
county)
may
rescue
a
threatened
animal
and
a
court
may
provide
2
for
the
disposition
of
that
animal.
A
threatened
animal
3
is
an
animal
that
has
been
abused,
neglected,
or
tortured.
4
Code
chapter
717C
applies
to
any
nonhuman
vertebrate
animal
5
without
exception
and
the
offense
involves
a
person’s
sexual
6
contact
with
the
animal.
Code
chapter
717D
also
applies
to
any
7
nonhuman
vertebrate
animal
without
exception
and
the
offense
8
involves
a
person
participating
in
an
event
organized
for
9
entertainment
or
profit
where
any
animal
is
injured,
tormented,
10
or
killed.
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