House File 434 - IntroducedA Bill ForAn Act 1providing for veterinary medicine, including the
2care of animals under the supervision of a licensed
3veterinarian, providing penalties, and including effective
4date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 169.4, subsection 9, Code 2023, is
2amended to read as follows:
   39.  Any veterinary assistant Auxiliary veterinary personnel
4 employed by a licensed veterinarian from performing duties
5other than diagnosis, prescription, or surgery under the
6direct supervision of such veterinarian which assistant has
7been issued a certificate by the board subject to section
8169.20
 performing tasks associated with providing authorized
9veterinary medical services to an animal patient under
10subchapter II
.
11   Sec. 2.  Section 169.5, subsection 7, paragraph i, Code 2023,
12is amended by striking the paragraph and inserting in lieu
13thereof the following:
   14i.  Adopt, amend, or repeal rules relating to the standards
15of conduct for, testing of, and revocation or suspension of
16certificates and licenses issued to auxiliary veterinary
17personnel. However, a certificate or license issued to
18auxiliary veterinary personnel shall not be suspended or
19revoked by less than a two-thirds vote of the entire board in a
20proceeding conducted in compliance with section 17A.12.
21   Sec. 3.  Section 169.20, subsection 1, Code 2023, is amended
22to read as follows:
   231.  A licensed veterinarian may employ one or more certified
24veterinary assistants for any purpose other than diagnosis,
25prescription or surgery
. Veterinary assistants A certified
26veterinary assistant shall only provide authorized veterinary
27medical services to an animal patient within limits prescribed
28by rules adopted by the board. A certified veterinary
29assistant shall not make a diagnosis or prescribe a drug.
30A certified veterinary assistant
must act under the direct
31supervision of a licensed veterinarian.
32   Sec. 4.  NEW SECTION.  169.31  Subchapter definitions.
   33As used in this subchapter, unless the context otherwise
34requires:
   351.  “Animal patient” means an animal provided authorized
-1-1veterinary medical services, including diagnosis and treatment.
   22.  a.  “Authorized veterinary medical services” means
3diagnosing and treating animal disease, illness, or injury
4subject to restrictions provided in this subchapter.
   5b.  “Authorized veterinary medical services” does not include
6performing any of the following:
   7(1)  Prescribing or administering a drug or class of drugs,
8to the extent prohibited by rules adopted by the board.
   9(2)  Structurally altering an animal’s body by incision or by
10removing or destroying bone or tissue.
   113.  “Auxiliary veterinary personnel” means a certified
12veterinary assistant, certified veterinary technician, or
13licensed veterinary technician.
   144.  “Certified veterinary assistant” means an individual who
15has been issued a certification pursuant to section 169.35.
   165.  “Certified veterinary technician” means an individual who
17has been issued a certificate of registration as provided in
18section 169.32.
   196.  “Licensed veterinary technician” means a veterinary
20technician who has been issued a license as provided in section
21169.32.
22   Sec. 5.  NEW SECTION.  169.32  Veterinary technicians —
23qualifications.
   241.  The board shall issue a certificate of registration to a
25veterinary technician who meets the requirements of the board,
26which may include one or more of the following:
   27a.  Completing a two-year program approved by the American
28veterinarian medical association committee on accreditation of
29training for veterinary technicians.
   30b.  Receiving a passing score on the veterinary technician
31national exam or a comparable exam approved by the board.
   32c.  Passing an examination for certification as provided in
33section 169.5.
   34d.  Assisting a licensed veterinarian for a minimum number
35of hours as established by rule adopted by the board. This
-2-1requirement may be used as a substitute for a requirement
2described in paragraphs “a” through “c”.
   32.  a.  The board shall issue a license to a certified
4veterinary technician who completed a program concentrating
5on advanced aspects of the diagnosis and treatment of animal
6disease, illness, and injury.
   7b.  The program must be approved by any of the following:
   8(1)  The American veterinarian medical association committee
9on accreditation of training for veterinary technicians.
   10(2)  The board according to criteria established by rules
11adopted by the board. The program must include at least three
12semesters of a curriculum equal to at least thirty credit
13hours.
   14c.  The board may require the certified veterinary technician
15to pass an examination for licensure as provided in section
16169.5.
   173.  In order to be certified or licensed under this section,
18an individual must submit a complete application to the board
19that is approved by the board, subject to all of the following:
   20a.  The application must be in a form prescribed by the
21board.
   22b.  To be complete, the application must at least include all
23of the following:
   24(1)  Information and material required by the board.
   25(2)  (a)  A registration fee accompanying an application to
26be issued a certificate of registration in an amount determined
27by the board.
   28(b)  A license fee accompanying an application to be issued a
29license in an amount determined by the board.
   30(3)  Proof as required by the board that the applicant meets
31the requirements for certification or licensure.
32   Sec. 6.  NEW SECTION.  169.33  Certified veterinary technician
33— scope of authority.
   341.  A certified veterinary technician shall only perform a
35task associated with providing authorized veterinary medical
-3-1services to an animal patient under a level of supervision
2determined by the board.
   32.  The licensed veterinarian’s decision to delegate a task
4to a certified veterinary technician in accordance with rules
5adopted by the board may be based on any of the following:
   6a.  The certified veterinary technician’s training,
7experience, and skill.
   8b.  The extent to which the licensed veterinarian is in
9proximity to the animal patient or is available via remote
10audio and video communication to the certified veterinary
11technician where the animal patient is located.
12   Sec. 7.  NEW SECTION.  169.34  Licensed veterinary technician
13— scope of authority.
   141.  A licensed veterinary technician shall only perform a
15task associated with providing authorized veterinary medical
16services to an animal patient under a level of supervision
17determined by a licensed veterinarian.
   182.  The licensed veterinarian’s decision to delegate a task
19to a licensed veterinary technician may be based on any of the
20following:
   21a.  The licensed veterinary technician’s training,
22experience, and skill.
   23b.  The extent to which the licensed veterinarian is in
24proximity to the animal patient or is available via remote
25audio and video communication with the licensed veterinary
26technician where the animal patient is located.
27   Sec. 8.  NEW SECTION.  169.36  Auxiliary veterinary personnel
28— recognized credentials.
   291.  The board shall recognize credentials of auxiliary
30veterinary personnel issued by other jurisdictions, which shall
31at least include another state, a United States territory, or a
32province of Canada.
   332.  a.  A person shall not use any recognized title,
34abbreviation, or sign to indicate that the person is
35certified as a veterinary assistant, certified as a veterinary
-4-1technician, or licensed as a veterinary technician, unless that
2person is an individual who has been issued that certificate or
3license by the board pursuant to this subchapter.
   4b.  A person who violates paragraph “a” commits a simple
5misdemeanor.
6   Sec. 9.  CODE EDITOR DIRECTIVE.
   71.  The Code editor is directed to make the following
8transfer:
   9Section 169.20, as amended by this Act, to section 169.35.
   102.  The Code editor shall correct internal references in the
11Code and in any enacted legislation as necessary due to the
12enactment of this section.
13   Sec. 10.  ADMINISTRATIVE RULES.  The board of veterinary
14medicine shall submit a notice of intended action to the
15administrative rules coordinator and the Iowa administrative
16code editor pursuant to section 17A.4, subsection 1, paragraph
17“a”, not later than September 1, 2023, for the adoption of
18rules required to implement this Act.
19   Sec. 11.  EFFECTIVE DATE.  The section of this Act requiring
20the board of veterinary medicine to submit a notice of intended
21action for the adoption of rules, being deemed of immediate
22importance, takes effect upon enactment.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
   26GENERAL. This bill amends the “Iowa Veterinary Practice
27Act” (Code chapter 169) regulating the practice of veterinary
28medicine by individuals receiving a doctor of veterinary
29medicine degree or equivalent (a veterinarian) (Code section
30162.3) and licensed by the Iowa board of veterinary medicine
31(board) by examination or endorsement (a licensed veterinarian)
32(Code sections 169.4, 169.9, and 169.10). The board may
33issue a temporary permit to certain members of the college of
34veterinary medicine of Iowa state university of science and
35technology or persons waiting to be licensed (Code sections
-5-1169.4 and 169.11). Under current law, a licensed veterinarian
2may employ one or more veterinary assistants who must be
3certified by the board and may perform functions under the
4direct supervision of the licensed veterinarian, excluding
5diagnosis, prescription, or surgery. The board has also
6adopted rules regulating care provided to animals by veterinary
7technicians who are certified according to requirements, which
8may include graduating from a two-year American veterinary
9medical association-accredited school of veterinary technology
10or working under the direction of a licensed veterinarian, and
11having successfully passed an examination prescribed by the
12board (811 IAC ch.8).
   13AUXILIARY VETERINARY PERSONNEL — QUALIFICATIONS. The bill
14recognizes three types of auxiliary veterinary personnel:
15the two current personnel, a certified veterinary assistant
16and a certified veterinary technician; and new personnel,
17referred to as a licensed veterinary technician. The bill
18provides that auxiliary veterinary personnel must meet
19qualification requirements set forth in rules adopted by the
20board. The board may require that a certified veterinary
21technician have completed an accredited or approved veterinary
22technology program, received a passing score on a national
23veterinary technician examination, passed a board-administered
24examination, or assisted a licensed veterinarian for a minimum
25number of hours. In order to be licensed as a veterinary
26technician, a certified veterinary technician must have
27completed a program concentrating on advanced aspects of the
28diagnosis and treatment of animal disease, illness, and injury
29(e.g., master of veterinary clinical care). The board may
30require that the certified veterinary technician also pass an
31exam for licensure administered by the board (amended Code
32section 169.5 and new Code section 169.32).
   33AUXILIARY VETERINARY PERSONNEL — SCOPE OF AUTHORITY.
34 Auxiliary veterinary personnel may perform authorized
35veterinary medical services associated with the practice of
-6-1veterinary medicine, excluding prescribing or administering
2a drug or class of drugs, if prohibited by rules adopted by
3the board, and structurally altering an animal’s body by
4incision or by removing or destroying bone or tissue (new
5Code section 169.31). Each type of auxiliary veterinary
6personnel is subject to its own level of supervision which
7includes associated tasks that may be delegated by a licensed
8veterinarian. For a certified veterinary technician, the level
9is determined by a licensed veterinarian acting within rules
10adopted by the board (new Code section 169.33), and for a
11licensed veterinary technician, the level is determined solely
12by the licensed veterinarian (new Code section 169.34). In
13both cases, when delegating a task to a certified or licensed
14veterinary technician, a licensed veterinarian may take into
15account the training, experience, and skill of the certified
16or licensed veterinary technician; and the extent to which the
17licensed veterinarian is in proximity to the animal patient
18or has remote access to the certified or licensed veterinary
19technician where the animal patient is located (new Code
20sections 169.33 and 169.34). A certified veterinary assistant
21can only provide authorized veterinary services within the
22limits prescribed by the board. A certified veterinary
23assistant is prohibited from making a diagnosis or prescribing
24a drug and must act under the direct supervision of a licensed
25veterinarian (amended Code section 169.20 transferred to Code
26section 169.35).
   27AUXILIARY VETERINARY PERSONNEL — RECOGNIZED CREDENTIALS.
28 The board must recognize credentials of auxiliary veterinary
29personnel issued by other jurisdictions. The bill also
30provides that a person who is not a certified veterinary
31assistant, certified veterinary technician, or licensed
32veterinary technician commits a simple misdemeanor by
33wrongfully claiming to hold such a credential.
   34UNAUTHORIZED PRACTICE OF VETERINARY MEDICINE. A person
35who acts in violation of requirements governing veterinary
-7-1medicine may be guilty of a fraudulent practice. This includes
2practicing veterinary medicine without a valid license or
3temporary permit (Code sections 169.4, 169.11, and 714.8).
   4ADMINISTRATIVE RULES. The bill requires the board to begin
5the process of adopting rules required to implement the bill’s
6provisions by September 1, 2023. These provisions take effect
7upon enactment.
   8PENALTIES. A simple misdemeanor is punishable by
9confinement for no more than 30 days and a fine of at least $105
10but not more than $855. The penalties for fraudulent practice
11range from a simple misdemeanor to a class “C” felony depending
12upon the amount of money or value of the property involved. A
13serious misdemeanor is punishable by confinement for no more
14than one year and a fine of at least $430 but not more than
15$2,560. An aggravated misdemeanor is punishable by confinement
16for no more than two years and a fine of at least $855 but
17not more than $8,540. A class “D” felony is punishable by
18confinement for no more than five years and a fine of at least
19$1,025 but not more than $10,245. A class “C” felony is
20punishable by confinement for no more than 10 years and a fine
21of at least $1,370 but not more than $13,660 (Code sections
22714.8 to 714.14).
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