Iowa 2023-2024 Regular Session

Iowa House Bill HF670 Latest Draft

Bill / Enrolled Version Filed 04/26/2023

                            House File 670 - Enrolled   House File 670   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.   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:    Section 1. Section 169.3, subsection 3, Code 2023, is    amended to read as follows:    3. a.   Animal means any nonhuman primate, dog, cat,    rabbit, rodent, fish, reptile, and livestock as defined in    section 717.1, or other vertebrate or nonvertebrate life forms    form , living or dead , except domestic poultry .    b. Livestock includes a group of livestock such as a herd    or flock.      Sec. 2. Section 169.3, Code 2023, is amended by adding the    following new subsection:    NEW SUBSECTION   . 3A. a. Animal massage means a method    of treating the body of an animal for relaxation or hygienic    purposes through techniques, with or without the aid of a    massage device, that include rubbing, stroking, or kneading the    body of the animal.    b. Animal massage does not include acupuncture,    chiropractic care, diagnosis, diagnostic treatment,    prescription, or surgery.                

  House File 670, p. 2   Sec. 3. Section 169.3, subsection 10, Code 2023, is amended    to read as follows:    10. a.   Practice of veterinary medicine means any of the    following:    a.   (1) To diagnose, treat, correct, change, relieve or    prevent, for a fee, any animal disease, deformity, defect,    injury or other physical or mental conditions or cosmetic    surgery; including the prescription or administration of any    drug, medicine, biologic, apparatus, application, anesthetic,    or other therapeutic or diagnostic substance or technique, for    a fee; or to evaluate or correct sterility or infertility, for    a fee; or to render, advise or recommend with regard to any of    the above for a fee.    b.   (2) To represent, directly or indirectly, publicly or    privately, an ability or willingness to do an act described in    paragraph   a subparagraph (1) .    c. (3) To use any title, words, abbreviation, or letters in    a manner or under circumstances which induce the belief that    the person using them is qualified to do any act described in    paragraph   a subparagraph (1) .    (4) The performance or use of complementary, alternative,    or integrative therapies including veterinary acupuncture,      acutherapy, acupressure, manipulative therapy based on    techniques practiced in osteopathy and chiropractic medicine,      or other similar therapies as specified by rule adopted by the    board.    b. Practice of veterinary medicine does not include    providing authorized veterinary medical services to an animal    patient by veterinary auxiliary personnel when performing      a delegated task under the supervision of a supervising    veterinarian as provided in subchapter II.      Sec. 4. Section 169.3, subsection 12, Code 2023, is amended      by striking the subsection.    Sec. 5. Section 169.4, unnumbered paragraph 1, Code 2023,    is amended to read as follows:      A person may   shall not practice veterinary medicine in the    state who is not a licensed veterinarian or the holder of a    valid temporary permit issued by the board. This chapter shall    not be construed to prohibit any of the following   :                                   

  House File 670, p. 3   Sec. 6. Section 169.4, subsections 2, 9, and 10, Code 2023,    are amended to read as follows:    2. A person who is a veterinary student in an accredited    or approved college of veterinary medicine from performing    duties or actions assigned by instructors   an instructor of the    college   , or working acting under the direct supervision of a    licensed   supervising veterinarian as provided in subchapter II .    The board shall issue to any a veterinary medicine student who    attends an accredited veterinary medicine college or school    and who has been certified as being competent by an instructor    of such college or school to perform veterinary duties under    the direction of an instructor of veterinary medicine or under    the direct   supervision of a licensed supervising veterinarian,    a certificate authorizing the veterinary medicine student to    perform such functions.    9. Any veterinary assistant employed by a licensed      veterinarian from performing duties other than diagnosis,    prescription, or surgery auxiliary personnel when performing    delegated tasks   under the direct supervision of such a    supervising veterinarian which assistant has been issued a    certificate by the board subject to section 169.20 as provided    in subchapter II   .    10. A graduate of a foreign college of veterinary medicine ,    who has or   is in the process of obtaining an ECFVG certificate    for , when performing duties or actions delegated tasks    under the direction or supervision of a licensed supervising    veterinarian as provided in subchapter II .    Sec. 7. Section 169.4, Code 2023, is amended by adding the    following new subsection:    NEW SUBSECTION   . 16. A person performing animal massage.    Sec. 8. Section 169.5, subsection 7, paragraph i, Code 2023,    is amended to read as follows:      i. Adopt, amend, or repeal rules relating to the    qualifications,   standards of conduct for , the supervision    of tasks delegated to veterinary auxiliary personnel by a      licensed veterinarian, and disciplinary action of veterinary    auxiliary personnel for whom the board has issued a certificate      or permit. The rules may provide for the testing of , and    revocation or suspension of certificates issued to veterinary                                                   

  House File 670, p. 4   assistants   individuals who apply to be issued a certificate of    registration as a veterinary technician, apply to be issued    a renewal of a certificate of registration, or apply to be      reissued a certificate of registration; and the suspension      or revocation of a certificate of registration . However, a    certificate shall not be suspended or revoked by less than a      two-thirds vote of the entire board in a proceeding conducted      in compliance with section 17A.12 .    Sec. 9. Section 169.5, subsection 7, Code 2023, is amended    by adding the following new paragraph:    NEW PARAGRAPH   . k. Adopt, amend, or repeal rules requiring    a veterinarian to have a valid veterinarian-client-patient    relationship, except in the case of an emergency, before    practicing veterinary medicine on an animal, including by    acting as a supervising veterinarian.    Sec. 10. NEW SECTION   . 169.31 Subchapter definitions.    As used in this subchapter:    1. Accredited or approved veterinary technology program    means a program in veterinary technology that is accredited by    the American veterinary medical association and an accrediting    agency that has been approved by the United States department    of education or its successor.    2. Direct supervision means supervision by a supervising    veterinarian that occurs when the supervising veterinarian is    readily available and on the premises where an animal patient    is being provided authorized veterinary medical services by    veterinary auxiliary personnel.    3. Immediate supervision means supervision by a    supervising veterinarian that occurs when the supervising    veterinarian is in the immediate area, and within audible and    visual range, of an animal patient and veterinary auxiliary    personnel providing the animal patient with authorized    veterinary medical services.    4. Indirect supervision means supervision by a supervising    veterinarian, other than direct supervision or immediate    supervision, that occurs when all of the following apply:    a. The supervising veterinarian has given written protocols    or real-time oral instructions to veterinary auxiliary    personnel for the treatment of an animal patient for which a                 

  House File 670, p. 5   veterinarian-client-patient relationship exists.    b. The supervising veterinarian is readily available by    telephone or other means of immediate communication with the    veterinary auxiliary personnel providing the animal patient    with authorized veterinary medical services.    5. Registered veterinary technician means an individual    who has graduated from an accredited or approved veterinary    technology program and who has been issued a valid certificate    of registration by the board pursuant to section 169.34.    6. Supervising veterinarian means a licensed veterinarian    who assumes responsibility for supervising veterinary auxiliary    personnel providing authorized veterinary medical services    to an animal patient under immediate supervision, direct    supervision, or indirect supervision.    7. a. Veterinary assistant means an individual employed    to work in veterinary practice who performs tasks under the    supervision of a supervising veterinarian.    b. Veterinary assistant does not include a person who is a    licensed veterinarian or a registered veterinary technician,    veterinary student, veterinary technician student, or graduate    from a foreign college of veterinary medicine who is not a    licensed veterinarian or the holder of a valid temporary permit    issued by the board.    8. Veterinary auxiliary personnel means a veterinary    assistant, registered veterinary technician, veterinary    student, veterinary technician student, or graduate of a    foreign college of veterinary medicine who is not a licensed    veterinarian or the holder of a valid temporary permit issued    by the board.    9. Veterinary student means an individual currently    admitted to and in good academic standing with an accredited or    approved college of veterinary medicine.    10. Veterinary technician student means an individual    currently admitted to and in good academic standing with an    accredited or approved veterinary technology program.    Sec. 11. NEW SECTION   . 169.32 Supervising veterinarian.    1. A licensed veterinarian may provide veterinary medical    services to an animal patient by acting as a supervising    veterinarian as provided in this subchapter and rules adopted    

  House File 670, p. 6   by the board.    2. A supervising veterinarian shall determine the    supervision required for tasks delegated to veterinary    auxiliary personnel within the limits provided in this    subchapter and rules adopted by the board. The decision    must be based on factors such as the veterinary auxiliary    personnels training, experience, and skill. The supervising    veterinarian is responsible for providing the required    supervision and delegating tasks to veterinary auxiliary    personnel. The supervising veterinarian shall not delegate    veterinary medical services of diagnosis, prescription, or    surgery to any veterinary assistant, veterinary technician    student, or registered veterinary technician.    3. The board shall adopt rules providing for when a licensed    veterinarian must exercise immediate supervision, direct    supervision, or indirect supervision for each category of    auxiliary veterinary personnel providing authorized veterinary    medical services to an animal patient. Nothing in this    subchapter or the rules adopted by the board shall prohibit the    supervising veterinarian from providing more supervision than    required when the veterinary auxiliary personnels training,    experience, and skill indicate more supervision is necessary.    Sec. 12. NEW SECTION   . 169.33 Veterinary auxiliary personnel     employment.    1. a. A licensed veterinarian may employ any number of    veterinary auxiliary personnel who may be delegated tasks    associated with providing authorized veterinary medical    services to an animal patient within the limits provided in    this subchapter and rules adopted by the board pursuant to this    subchapter.    b. A person may employ any number of veterinary auxiliary    personnel to provide authorized veterinary medical services    to animals that are owned or cared for by the person if a    supervising veterinarian who practices at the same place of    business as the veterinary auxiliary personnel supervises the    veterinary auxiliary personnel within the limits provided in    this subchapter and rules adopted by the board pursuant to this    subchapter.    2. Veterinary auxiliary personnel shall only receive    

  House File 670, p. 7   compensation for authorized veterinary medical services from    their employer as provided in this section except for those    services provided in accordance with section 169.4.    Sec. 13. NEW SECTION   . 169.34 Registered veterinary    technician  certificate of registration.    1. The board shall issue a certificate of registration to an    individual if all of the following apply:    a. The individual has graduated from an accredited or    approved veterinary technology program.    b. The individual has received a passing score on a national    veterinary technician examination approved by the board.    c. The individual has submitted a complete application to    the board that is approved by the board.    (1) The application must be in a form prescribed by the    board.    (2) To be complete, the application must include all of the    following:    (a) Information and material required by the board.    (b) A registration fee in an amount established by the    board.    d. The individual meets other criteria or qualifications    as specified by rule adopted by the board, including but not    limited to a state veterinary technician examination.    e. The board may grant a waiver from any qualification for a    certificate of registration to an individual who was in active    duty military service or the individuals spouse in accordance    with section 272C.4, or to an individual who was previously    a veterinary medical student and who substantially meets the    qualifications to receive a certificate of registration.    2. The board may issue an endorsed certificate of    registration to an individual if the individual holds a valid    registration, certificate, license, or other authorization    issued by a jurisdiction recognized by the board, and all of    the following apply:    a. The individual meets the educational, experience, or    testing requirements as specified by the board in rule.    b. The individual is not subject to an investigation or    disciplinary action which may result or has resulted in the    suspension or the revocation of a registration, certificate,    

  House File 670, p. 8   license, or other authorization issued by a jurisdiction    recognized by the board.    c. The individual has submitted a complete application to    the board that is approved by the board.    (1) The application must be in a form prescribed by the    board.    (2) To be complete, the application must include all of the    following:    (a) Information and material required by the board.    (b) A registration fee in an amount established by the    board.    d. The individual meets other criteria, standard, or    qualification as specified by rule adopted by the board.    e. The board may grant a waiver from any qualification for    an endorsed certificate of registration to an individual who    was in active duty military service or the individuals spouse    in accordance with section 272C.4, or to an individual who was    previously a veterinary medical student who substantially meets    the qualifications to receive a certificate of registration.    3. a. All certificates of registration shall be issued    and expire according to a registration period based on a    triennium cycle beginning and ending on dates established by    the board. However, a new certificate of registration issued    during a registration period shall be for the balance of that    registration period.    b. To renew a certificate of registration, a registered    veterinary technician must apply to the board for approval.    The application must show that the registered veterinary    technician has completed all continuing education credit hours    during the preceding registration period as required by the    board. The board shall determine the number of continuing    education credit hours required and the type of continuing    hours awarded credit. The certificate of registration expires    after the individual has been provided a notice and opportunity    for a hearing by the board under chapter 17A. An individual    whose certificate of registration has expired is no longer    credentialed as provided in section 169.35.    c. The board shall reissue a certificate of registration to    an individual whose certificate of registration has expired.   

  House File 670, p. 9   To be reissued a certificate of registration, the individual    must apply to the board for approval. The application    must show that the individual has completed the same number    of continuing education credit hours required to renew a    certificate of registration during the prior three years.    d. A certificate of registration for a registered veterinary    technician that was issued prior to July 1, 2024, remains valid    and does not expire.    e. The board shall adopt all rules required to administer    and enforce this subsection.    4. A registered veterinary technician is subject to    investigation and disciplinary action taken by the board to    suspend or revoke a certificate or registration pursuant    to section 272C.3. However, the board shall utilize the    procedures set forth in section 169.14. A certificate of    registration shall not be suspended or revoked by less than a    two-thirds vote of the entire board in a proceeding conducted    in compliance with section 17A.12.    Sec. 14. NEW SECTION   . 169.35 Registered veterinary    technician  credentials.    1. A person shall not use any recognized title,    abbreviation, or sign to indicate that such person is a    registered veterinary technician unless that person is an    individual who has been issued a certificate of registration    pursuant to section 169.34.    2. A person who violates subsection 1 commits a simple    misdemeanor.    Sec. 15. NEW SECTION   . 169.36 Registered veterinary    technician  scope of authority.    1. A registered veterinary technician shall only perform    tasks associated with providing authorized veterinary medical    services to an animal patient under the supervision of a    supervising veterinarian according to this section and rules    adopted by the board under this subchapter.    2. A supervising veterinarian shall decide the specific    tasks delegated to a registered veterinary technician and    provide the required supervision pursuant to section 169.32 and    the rules adopted by the board.    3. A veterinary technician shall not do any of the     

  House File 670, p. 10   following:    a. Perform equine floating teeth services. However, a    registered veterinary technician may perform such services    after submitting to the board all of the following:    (1) Proof of current certification from the international    association of equine dentistry or other professional equine    dentistry association as determined by the board.    (2) A written statement signed by a supervising    veterinarian experienced in large animal medicine that the    applicant will be under the direct supervision or indirect    supervision of the supervising veterinarian when treating    floating equine teeth.    b. Gingival resection.    Sec. 16. NEW SECTION   . 169.37 Veterinary assistant  scope    of authority.    1. A veterinary assistant shall only perform tasks    associated with providing authorized veterinary medical    services to an animal patient under the direct supervision of    a supervising veterinarian according to rules adopted by the    board under this subchapter.    2. A supervising veterinarian shall decide the specific    tasks delegated to a veterinary assistant and provide the    required supervision pursuant to section 169.32 and rules    adopted by the board.    Sec. 17. NEW SECTION   . 169.38 Veterinary technician student     scope of authority.    1. A veterinary technician student shall only perform    tasks associated with providing authorized veterinary medical    services to an animal patient under the supervision of a    supervising veterinarian according to rules adopted by the    board under this subchapter.    2. A supervising veterinarian shall decide the specific    tasks delegated to a veterinary technician student and provide    the required supervision pursuant to section 169.32 and rules    adopted by the board.    Sec. 18. NEW SECTION   . 169.39 Veterinary student  scope    of authority.    1. A veterinary student shall only perform tasks associated    with providing authorized veterinary medical services to      

  House File 670, p. 11   an animal patient under the supervision determined by the    supervising veterinarian.    2. A supervising veterinarian shall decide the specific    tasks delegated to a veterinary student and provide the    required supervision pursuant to section 169.32 and the rules    adopted by the board.    Sec. 19. NEW SECTION   . 169.40 Graduate from foreign college    of veterinary medicine  scope of authority.    1. A graduate from a foreign college of veterinary medicine    shall only perform tasks associated with providing authorized    veterinary medical services to an animal patient under the    supervision determined by the supervising veterinarian.    2. A supervising veterinarian shall decide the specific    tasks delegated to a graduate from a foreign college of    veterinary medicine who is not a licensed veterinarian or    temporary permit holder and provide the required supervision    pursuant to section 169.32 and the rules adopted by the board.    Sec. 20. Section 714.8, Code 2023, is amended by adding the    following new subsection:    NEW SUBSECTION   . 22. Practicing veterinary medicine without    a valid license or temporary permit issued by the board of    veterinary medicine pursuant to chapter 169, as described in    section 169.19.    Sec. 21. REPEAL. Section 169.20, Code 2023, is repealed.    Sec. 22. CODE EDITOR DIRECTIVES. The Code editor shall do    all of the following:    1. Create a new subchapter in chapter 169 that includes    sections 169.1 through 169.30.    2. Create a new subchapter in chapter 169 that includes    sections 169.31 through 169.40, as enacted in this Act.    3. Correct internal references in the Code and in any    enacted legislation as necessary due to the enactment of this    Act.      Sec. 23. ADMINISTRATIVE RULES. The board of veterinary    medicine shall submit a notice of intended action to the    administrative rules coordinator and the Iowa administrative      code editor pursuant to section 17A.4, subsection 1, paragraph    a, not later than January 1, 2024, for the adoption of rules    required to implement this Act.     

  House File 670, p. 12   Sec. 24. EFFECTIVE DATE.    1. Except as provided in subsection 2, this Act takes effect    July 1, 2024.    2. The section of this Act requiring the board of veterinary    medicine to submit a notice of intended action for the adoption    of rules, being deemed of immediate importance, takes effect    upon enactment.    ______________________________   PAT GRASSLEY   Speaker of the House   ______________________________   AMY SINCLAIR   President of the Senate   I hereby certify that this bill originated in the House and   is known as House File 670, Ninetieth General Assembly.   ______________________________   MEGHAN NELSON   Chief Clerk of the House   Approved _______________, 2023 ______________________________   KIM REYNOLDS   Governor