Iowa 2023 2023-2024 Regular Session

Iowa House Bill HF670 Amended / Bill

Filed 04/12/2023

                    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