Senate Study Bill 1196 SENATE FILE BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CO=CHAIRPERSONS HORN and McKIBBEN) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act limiting causes of action against veterinary practitioners 2 who provide care to animals suffering distress. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2011XC 81 5 da/gg/14 PAG LIN 1 1 Section 1. Section 169.3, Code 2005, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 14. "Veterinary practitioner" means any 1 4 of the following: 1 5 a. A veterinarian who may practice veterinary medicine 1 6 pursuant to a valid license or temporary permit issued by the 1 7 board pursuant to section 169.4. 1 8 b. A professional corporation organized under chapter 496C 1 9 which is owned and operated by one or more veterinarians 1 10 practicing veterinary medicine pursuant to a valid license 1 11 issued by the board pursuant to section 169.4. 1 12 Sec. 2. Section 169.12, unnumbered paragraph 4, Code 2005, 1 13 is amended to read as follows: 1 14 Any licensee who is desirous of changing residence to 1 15 another state or territory shall, upon application to the 1 16 department and payment of the legal fee, receive a certified 1 17 statement that the licensee isaduly licensedpractitionerin 1 18 this state. 1 19 Sec. 3. NEW SECTION. 169.21 LIMITATION ON LIABILITY == 1 20 CARE OF ABUSED OR NEGLECTED ANIMAL. 1 21 1. A veterinary practitioner shall not be liable for civil 1 22 damages for an act or omission occurring when providing care 1 23 to an animal as defined in section 717A.1, including any act 1 24 or omission arising from the practice of veterinary medicine. 1 25 The care must be provided in good faith and the act or 1 26 omission must not constitute recklessness. In addition, one 1 27 of the following conditions must apply: 1 28 a. The animal is taken by a county or city, including as 1 29 part of a rescue of livestock as provided in section 717.2A, 1 30 for disposition pursuant to section 717.5, or as part of the 1 31 rescue of another animal, for disposition pursuant to section 1 32 717B.4. 1 33 b. The animal is distressed by disease or injury that 1 34 would result in severe and prolonged suffering. An animal's 1 35 distress is conclusively presumed to result in severe and 2 1 prolonged suffering if the animal is livestock which is abused 2 2 or neglected as provided in chapter 717 or the animal is 2 3 subject to abuse, neglect, or torture as provided in chapter 2 4 717B. The veterinary practitioner must provide notice of the 2 5 care to a peace officer of a county sheriff's office or police 2 6 department which has jurisdiction to take the animal. 2 7 2. A veterinary assistant shall not be liable for civil 2 8 damages for an act or omission occurring when providing care 2 9 to an animal, including any act or omission arising from the 2 10 practice of veterinary medicine, if all of the following 2 11 apply: 2 12 a. The care is provided in good faith and the act or 2 13 omission does not constitute recklessness. 2 14 b. The act or omission is under the direction or 2 15 supervision of a veterinary practitioner as provided in 2 16 subsection 1. 2 17 EXPLANATION 2 18 This bill amends Code chapter 169, which governs veterinary 2 19 practice, including by regulating veterinarians who are 2 20 required to be issued a license or temporary permit by the 2 21 Iowa board of veterinary medicine. The bill refers to these 2 22 persons as veterinary practitioners. The bill also provides 2 23 that a veterinary practitioner includes a professional 2 24 corporation owned and operated by veterinarians. 2 25 The bill provides for the care of animals which are subject 2 26 to unwarranted physical harm. Specifically, the bill creates 2 27 a "good Samaritan" exception to a right to bring a civil 2 28 action for damages. Under the bill, the exception bars a 2 29 person from bringing a cause of action against a veterinary 2 30 practitioner for an act or omission occurring when the 2 31 veterinary practitioner provided care to an animal. Certain 2 32 conditions apply. The care must be provided in good faith and 2 33 the act or omission cannot constitute recklessness. Livestock 2 34 or another domesticated animal must be taken by a county or 2 35 city, including as part of a rescue under Code chapter 717 or 3 1 717B. The animal must be distressed by disease or injury that 3 2 would result in prolonged suffering. Alternatively, it is 3 3 conclusively presumed that an animal is in distress if it is 3 4 harmed in a manner that violates a provision in only those 3 5 Code chapters providing for abuse, torture, or neglect. The 3 6 veterinary practitioner must notify the appropriate county 3 7 sheriff's office or police department. 3 8 The bill also bars a civil action against a veterinary 3 9 assistant for an act or omission occurring when providing care 3 10 to the animal as long as the care is provided in good faith, 3 11 the act or omission does not constitute recklessness, and the 3 12 act or omission is under the direction or supervision of a 3 13 veterinary practitioner. 3 14 LSB 2011XC 81 3 15 da:nh/gg/14