House File 670 - Reprinted HOUSE FILE 670 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 640) (SUCCESSOR TO HSB 139) (COMPANION TO SF 541 BY COMMITTEE ON AGRICULTURE) (As Amended and Passed by the House April 12, 2023 ) 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: 5 HF 670 (2) 90 da/ns/md
H.F. 670 Section 1. Section 169.3, subsection 3, Code 2023, is 1 amended to read as follows: 2 3. a. Animal means any nonhuman primate, dog, cat, 3 rabbit, rodent, fish, reptile, and livestock as defined in 4 section 717.1, or other vertebrate or nonvertebrate life forms 5 form , living or dead , except domestic poultry . 6 b. Livestock includes a group of livestock such as a herd 7 or flock. 8 Sec. 2. Section 169.3, Code 2023, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 3A. a. Animal massage means a method 11 of treating the body of an animal for relaxation or hygienic 12 purposes through techniques, with or without the aid of a 13 massage device, that include rubbing, stroking, or kneading the 14 body of the animal. 15 b. Animal massage does not include acupuncture, 16 chiropractic care, diagnosis, diagnostic treatment, 17 prescription, or surgery. 18 Sec. 3. Section 169.3, subsection 10, Code 2023, is amended 19 to read as follows: 20 10. a. Practice of veterinary medicine means any of the 21 following: 22 a. (1) To diagnose, treat, correct, change, relieve or 23 prevent, for a fee, any animal disease, deformity, defect, 24 injury or other physical or mental conditions or cosmetic 25 surgery; including the prescription or administration of any 26 drug, medicine, biologic, apparatus, application, anesthetic, 27 or other therapeutic or diagnostic substance or technique, for 28 a fee; or to evaluate or correct sterility or infertility, for 29 a fee; or to render, advise or recommend with regard to any of 30 the above for a fee. 31 b. (2) To represent, directly or indirectly, publicly or 32 privately, an ability or willingness to do an act described in 33 paragraph a subparagraph (1) . 34 c. (3) To use any title, words, abbreviation, or letters in 35 -1- HF 670 (2) 90 da/ns/md 1/ 12
H.F. 670 a manner or under circumstances which induce the belief that 1 the person using them is qualified to do any act described in 2 paragraph a subparagraph (1) . 3 (4) The performance or use of complementary, alternative, 4 or integrative therapies including veterinary acupuncture, 5 acutherapy, acupressure, manipulative therapy based on 6 techniques practiced in osteopathy and chiropractic medicine, 7 or other similar therapies as specified by rule adopted by the 8 board. 9 b. Practice of veterinary medicine does not include 10 providing authorized veterinary medical services to an animal 11 patient by veterinary auxiliary personnel when performing 12 a delegated task under the supervision of a supervising 13 veterinarian as provided in subchapter II. 14 Sec. 4. Section 169.3, subsection 12, Code 2023, is amended 15 by striking the subsection. 16 Sec. 5. Section 169.4, unnumbered paragraph 1, Code 2023, 17 is amended to read as follows: 18 A person may shall not practice veterinary medicine in the 19 state who is not a licensed veterinarian or the holder of a 20 valid temporary permit issued by the board. This chapter shall 21 not be construed to prohibit any of the following : 22 Sec. 6. Section 169.4, subsections 2, 9, and 10, Code 2023, 23 are amended to read as follows: 24 2. A person who is a veterinary student in an accredited 25 or approved college of veterinary medicine from performing 26 duties or actions assigned by instructors an instructor of the 27 college , or working acting under the direct supervision of a 28 licensed supervising veterinarian as provided in subchapter II . 29 The board shall issue to any a veterinary medicine student who 30 attends an accredited veterinary medicine college or school 31 and who has been certified as being competent by an instructor 32 of such college or school to perform veterinary duties under 33 the direction of an instructor of veterinary medicine or under 34 the direct supervision of a licensed supervising veterinarian, 35 -2- HF 670 (2) 90 da/ns/md 2/ 12
H.F. 670 a certificate authorizing the veterinary medicine student to 1 perform such functions. 2 9. Any veterinary assistant employed by a licensed 3 veterinarian from performing duties other than diagnosis, 4 prescription, or surgery auxiliary personnel when performing 5 delegated tasks under the direct supervision of such a 6 supervising veterinarian which assistant has been issued a 7 certificate by the board subject to section 169.20 as provided 8 in subchapter II . 9 10. A graduate of a foreign college of veterinary medicine , 10 who has or is in the process of obtaining an ECFVG certificate 11 for , when performing duties or actions delegated tasks 12 under the direction or supervision of a licensed supervising 13 veterinarian as provided in subchapter II . 14 Sec. 7. Section 169.4, Code 2023, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 16. A person performing animal massage. 17 Sec. 8. Section 169.5, subsection 7, paragraph i, Code 2023, 18 is amended to read as follows: 19 i. Adopt, amend, or repeal rules relating to the 20 qualifications, standards of conduct for , the supervision 21 of tasks delegated to veterinary auxiliary personnel by a 22 licensed veterinarian, and disciplinary action of veterinary 23 auxiliary personnel for whom the board has issued a certificate 24 or permit. The rules may provide for the testing of , and 25 revocation or suspension of certificates issued to veterinary 26 assistants individuals who apply to be issued a certificate of 27 registration as a veterinary technician, apply to be issued 28 a renewal of a certificate of registration, or apply to be 29 reissued a certificate of registration; and the suspension 30 or revocation of a certificate of registration . However, a 31 certificate shall not be suspended or revoked by less than a 32 two-thirds vote of the entire board in a proceeding conducted 33 in compliance with section 17A.12 . 34 Sec. 9. Section 169.5, subsection 7, Code 2023, is amended 35 -3- HF 670 (2) 90 da/ns/md 3/ 12
H.F. 670 by adding the following new paragraph: 1 NEW PARAGRAPH . k. Adopt, amend, or repeal rules requiring 2 a veterinarian to have a valid veterinarian-client-patient 3 relationship, except in the case of an emergency, before 4 practicing veterinary medicine on an animal, including by 5 acting as a supervising veterinarian. 6 Sec. 10. NEW SECTION . 169.31 Subchapter definitions. 7 As used in this subchapter: 8 1. Accredited or approved veterinary technology program 9 means a program in veterinary technology that is accredited by 10 the American veterinary medical association and an accrediting 11 agency that has been approved by the United States department 12 of education or its successor. 13 2. Direct supervision means supervision by a supervising 14 veterinarian that occurs when the supervising veterinarian is 15 readily available and on the premises where an animal patient 16 is being provided authorized veterinary medical services by 17 veterinary auxiliary personnel. 18 3. Immediate supervision means supervision by a 19 supervising veterinarian that occurs when the supervising 20 veterinarian is in the immediate area, and within audible and 21 visual range, of an animal patient and veterinary auxiliary 22 personnel providing the animal patient with authorized 23 veterinary medical services. 24 4. Indirect supervision means supervision by a supervising 25 veterinarian, other than direct supervision or immediate 26 supervision, that occurs when all of the following apply: 27 a. The supervising veterinarian has given written protocols 28 or real-time oral instructions to veterinary auxiliary 29 personnel for the treatment of an animal patient for which a 30 veterinarian-client-patient relationship exists. 31 b. The supervising veterinarian is readily available by 32 telephone or other means of immediate communication with the 33 veterinary auxiliary personnel providing the animal patient 34 with authorized veterinary medical services. 35 -4- HF 670 (2) 90 da/ns/md 4/ 12
H.F. 670 5. Registered veterinary technician means an individual 1 who has graduated from an accredited or approved veterinary 2 technology program and who has been issued a valid certificate 3 of registration by the board pursuant to section 169.34. 4 6. Supervising veterinarian means a licensed veterinarian 5 who assumes responsibility for supervising veterinary auxiliary 6 personnel providing authorized veterinary medical services 7 to an animal patient under immediate supervision, direct 8 supervision, or indirect supervision. 9 7. a. Veterinary assistant means an individual employed 10 to work in veterinary practice who performs tasks under the 11 supervision of a supervising veterinarian. 12 b. Veterinary assistant does not include a person who is a 13 licensed veterinarian or a registered veterinary technician, 14 veterinary student, veterinary technician student, or graduate 15 from a foreign college of veterinary medicine who is not a 16 licensed veterinarian or the holder of a valid temporary permit 17 issued by the board. 18 8. Veterinary auxiliary personnel means a veterinary 19 assistant, registered veterinary technician, veterinary 20 student, veterinary technician student, or graduate of a 21 foreign college of veterinary medicine who is not a licensed 22 veterinarian or the holder of a valid temporary permit issued 23 by the board. 24 9. Veterinary student means an individual currently 25 admitted to and in good academic standing with an accredited or 26 approved college of veterinary medicine. 27 10. Veterinary technician student means an individual 28 currently admitted to and in good academic standing with an 29 accredited or approved veterinary technology program. 30 Sec. 11. NEW SECTION . 169.32 Supervising veterinarian. 31 1. A licensed veterinarian may provide veterinary medical 32 services to an animal patient by acting as a supervising 33 veterinarian as provided in this subchapter and rules adopted 34 by the board. 35 -5- HF 670 (2) 90 da/ns/md 5/ 12
H.F. 670 2. A supervising veterinarian shall determine the 1 supervision required for tasks delegated to veterinary 2 auxiliary personnel within the limits provided in this 3 subchapter and rules adopted by the board. The decision 4 must be based on factors such as the veterinary auxiliary 5 personnels training, experience, and skill. The supervising 6 veterinarian is responsible for providing the required 7 supervision and delegating tasks to veterinary auxiliary 8 personnel. The supervising veterinarian shall not delegate 9 veterinary medical services of diagnosis, prescription, or 10 surgery to any veterinary assistant, veterinary technician 11 student, or registered veterinary technician. 12 3. The board shall adopt rules providing for when a licensed 13 veterinarian must exercise immediate supervision, direct 14 supervision, or indirect supervision for each category of 15 auxiliary veterinary personnel providing authorized veterinary 16 medical services to an animal patient. Nothing in this 17 subchapter or the rules adopted by the board shall prohibit the 18 supervising veterinarian from providing more supervision than 19 required when the veterinary auxiliary personnels training, 20 experience, and skill indicate more supervision is necessary. 21 Sec. 12. NEW SECTION . 169.33 Veterinary auxiliary personnel 22 employment. 23 1. a. A licensed veterinarian may employ any number of 24 veterinary auxiliary personnel who may be delegated tasks 25 associated with providing authorized veterinary medical 26 services to an animal patient within the limits provided in 27 this subchapter and rules adopted by the board pursuant to this 28 subchapter. 29 b. A person may employ any number of veterinary auxiliary 30 personnel to provide authorized veterinary medical services 31 to animals that are owned or cared for by the person if a 32 supervising veterinarian who practices at the same place of 33 business as the veterinary auxiliary personnel supervises the 34 veterinary auxiliary personnel within the limits provided in 35 -6- HF 670 (2) 90 da/ns/md 6/ 12
H.F. 670 this subchapter and rules adopted by the board pursuant to this 1 subchapter. 2 2. Veterinary auxiliary personnel shall only receive 3 compensation for authorized veterinary medical services from 4 their employer as provided in this section except for those 5 services provided in accordance with section 169.4. 6 Sec. 13. NEW SECTION . 169.34 Registered veterinary 7 technician certificate of registration. 8 1. The board shall issue a certificate of registration to an 9 individual if all of the following apply: 10 a. The individual has graduated from an accredited or 11 approved veterinary technology program. 12 b. The individual has received a passing score on a national 13 veterinary technician examination approved by the board. 14 c. The individual has submitted a complete application to 15 the board that is approved by the board. 16 (1) The application must be in a form prescribed by the 17 board. 18 (2) To be complete, the application must include all of the 19 following: 20 (a) Information and material required by the board. 21 (b) A registration fee in an amount established by the 22 board. 23 d. The individual meets other criteria or qualifications 24 as specified by rule adopted by the board, including but not 25 limited to a state veterinary technician examination. 26 e. The board may grant a waiver from any qualification for a 27 certificate of registration to an individual who was in active 28 duty military service or the individuals spouse in accordance 29 with section 272C.4, or to an individual who was previously 30 a veterinary medical student and who substantially meets the 31 qualifications to receive a certificate of registration. 32 2. The board may issue an endorsed certificate of 33 registration to an individual if the individual holds a valid 34 registration, certificate, license, or other authorization 35 -7- HF 670 (2) 90 da/ns/md 7/ 12
H.F. 670 issued by a jurisdiction recognized by the board, and all of 1 the following apply: 2 a. The individual meets the educational, experience, or 3 testing requirements as specified by the board in rule. 4 b. The individual is not subject to an investigation or 5 disciplinary action which may result or has resulted in the 6 suspension or the revocation of a registration, certificate, 7 license, or other authorization issued by a jurisdiction 8 recognized by the board. 9 c. The individual has submitted a complete application to 10 the board that is approved by the board. 11 (1) The application must be in a form prescribed by the 12 board. 13 (2) To be complete, the application must include all of the 14 following: 15 (a) Information and material required by the board. 16 (b) A registration fee in an amount established by the 17 board. 18 d. The individual meets other criteria, standard, or 19 qualification as specified by rule adopted by the board. 20 e. The board may grant a waiver from any qualification for 21 an endorsed certificate of registration to an individual who 22 was in active duty military service or the individuals spouse 23 in accordance with section 272C.4, or to an individual who was 24 previously a veterinary medical student who substantially meets 25 the qualifications to receive a certificate of registration. 26 3. a. All certificates of registration shall be issued 27 and expire according to a registration period based on a 28 triennium cycle beginning and ending on dates established by 29 the board. However, a new certificate of registration issued 30 during a registration period shall be for the balance of that 31 registration period. 32 b. To renew a certificate of registration, a registered 33 veterinary technician must apply to the board for approval. 34 The application must show that the registered veterinary 35 -8- HF 670 (2) 90 da/ns/md 8/ 12
H.F. 670 technician has completed all continuing education credit hours 1 during the preceding registration period as required by the 2 board. The board shall determine the number of continuing 3 education credit hours required and the type of continuing 4 hours awarded credit. The certificate of registration expires 5 after the individual has been provided a notice and opportunity 6 for a hearing by the board under chapter 17A. An individual 7 whose certificate of registration has expired is no longer 8 credentialed as provided in section 169.35. 9 c. The board shall reissue a certificate of registration to 10 an individual whose certificate of registration has expired. 11 To be reissued a certificate of registration, the individual 12 must apply to the board for approval. The application 13 must show that the individual has completed the same number 14 of continuing education credit hours required to renew a 15 certificate of registration during the prior three years. 16 d. A certificate of registration for a registered veterinary 17 technician that was issued prior to July 1, 2024, remains valid 18 and does not expire. 19 e. The board shall adopt all rules required to administer 20 and enforce this subsection. 21 4. A registered veterinary technician is subject to 22 investigation and disciplinary action taken by the board to 23 suspend or revoke a certificate or registration pursuant 24 to section 272C.3. However, the board shall utilize the 25 procedures set forth in section 169.14. A certificate of 26 registration shall not be suspended or revoked by less than a 27 two-thirds vote of the entire board in a proceeding conducted 28 in compliance with section 17A.12. 29 Sec. 14. NEW SECTION . 169.35 Registered veterinary 30 technician credentials. 31 1. A person shall not use any recognized title, 32 abbreviation, or sign to indicate that such person is a 33 registered veterinary technician unless that person is an 34 individual who has been issued a certificate of registration 35 -9- HF 670 (2) 90 da/ns/md 9/ 12
H.F. 670 pursuant to section 169.34. 1 2. A person who violates subsection 1 commits a simple 2 misdemeanor. 3 Sec. 15. NEW SECTION . 169.36 Registered veterinary 4 technician scope of authority. 5 1. A registered veterinary technician shall only perform 6 tasks associated with providing authorized veterinary medical 7 services to an animal patient under the supervision of a 8 supervising veterinarian according to this section and rules 9 adopted by the board under this subchapter. 10 2. A supervising veterinarian shall decide the specific 11 tasks delegated to a registered veterinary technician and 12 provide the required supervision pursuant to section 169.32 and 13 the rules adopted by the board. 14 3. A veterinary technician shall not do any of the 15 following: 16 a. Perform equine floating teeth services. However, a 17 registered veterinary technician may perform such services 18 after submitting to the board all of the following: 19 (1) Proof of current certification from the international 20 association of equine dentistry or other professional equine 21 dentistry association as determined by the board. 22 (2) A written statement signed by a supervising 23 veterinarian experienced in large animal medicine that the 24 applicant will be under the direct supervision or indirect 25 supervision of the supervising veterinarian when treating 26 floating equine teeth. 27 b. Gingival resection. 28 Sec. 16. NEW SECTION . 169.37 Veterinary assistant scope 29 of authority. 30 1. A veterinary assistant shall only perform tasks 31 associated with providing authorized veterinary medical 32 services to an animal patient under the direct supervision of 33 a supervising veterinarian according to rules adopted by the 34 board under this subchapter. 35 -10- HF 670 (2) 90 da/ns/md 10/ 12
H.F. 670 2. A supervising veterinarian shall decide the specific 1 tasks delegated to a veterinary assistant and provide the 2 required supervision pursuant to section 169.32 and rules 3 adopted by the board. 4 Sec. 17. NEW SECTION . 169.38 Veterinary technician student 5 scope of authority. 6 1. A veterinary technician student shall only perform 7 tasks associated with providing authorized veterinary medical 8 services to an animal patient under the supervision of a 9 supervising veterinarian according to rules adopted by the 10 board under this subchapter. 11 2. A supervising veterinarian shall decide the specific 12 tasks delegated to a veterinary technician student and provide 13 the required supervision pursuant to section 169.32 and rules 14 adopted by the board. 15 Sec. 18. NEW SECTION . 169.39 Veterinary student scope 16 of authority. 17 1. A veterinary student shall only perform tasks associated 18 with providing authorized veterinary medical services to 19 an animal patient under the supervision determined by the 20 supervising veterinarian. 21 2. A supervising veterinarian shall decide the specific 22 tasks delegated to a veterinary student and provide the 23 required supervision pursuant to section 169.32 and the rules 24 adopted by the board. 25 Sec. 19. NEW SECTION . 169.40 Graduate from foreign college 26 of veterinary medicine scope of authority. 27 1. A graduate from a foreign college of veterinary medicine 28 shall only perform tasks associated with providing authorized 29 veterinary medical services to an animal patient under the 30 supervision determined by the supervising veterinarian. 31 2. A supervising veterinarian shall decide the specific 32 tasks delegated to a graduate from a foreign college of 33 veterinary medicine who is not a licensed veterinarian or 34 temporary permit holder and provide the required supervision 35 -11- HF 670 (2) 90 da/ns/md 11/ 12
H.F. 670 pursuant to section 169.32 and the rules adopted by the board. 1 Sec. 20. Section 714.8, Code 2023, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 22. Practicing veterinary medicine without 4 a valid license or temporary permit issued by the board of 5 veterinary medicine pursuant to chapter 169, as described in 6 section 169.19. 7 Sec. 21. REPEAL. Section 169.20, Code 2023, is repealed. 8 Sec. 22. CODE EDITOR DIRECTIVES. The Code editor shall do 9 all of the following: 10 1. Create a new subchapter in chapter 169 that includes 11 sections 169.1 through 169.30. 12 2. Create a new subchapter in chapter 169 that includes 13 sections 169.31 through 169.40, as enacted in this Act. 14 3. Correct internal references in the Code and in any 15 enacted legislation as necessary due to the enactment of this 16 Act. 17 Sec. 23. ADMINISTRATIVE RULES. The board of veterinary 18 medicine shall submit a notice of intended action to the 19 administrative rules coordinator and the Iowa administrative 20 code editor pursuant to section 17A.4, subsection 1, paragraph 21 a, not later than January 1, 2024, for the adoption of rules 22 required to implement this Act. 23 Sec. 24. EFFECTIVE DATE. 24 1. Except as provided in subsection 2, this Act takes effect 25 July 1, 2024. 26 2. The section of this Act requiring the board of veterinary 27 medicine to submit a notice of intended action for the adoption 28 of rules, being deemed of immediate importance, takes effect 29 upon enactment. 30 -12- HF 670 (2) 90 da/ns/md 12/ 12