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House File 670 - 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 169.3, subsection 3, Code 2023, is
2amended to read as follows:
33. a. “Animal” means any nonhuman primate, dog, cat,
4rabbit, rodent, fish, reptile, and livestock as defined in
5section 717.1, or other vertebrate or nonvertebrate life forms
6 form, living or dead, except domestic poultry.
7b. “Livestock” includes a group of livestock such as a herd
8or flock.
9 Sec. 2. Section 169.3, Code 2023, is amended by adding the
10following new subsection:
11 NEW SUBSECTION. 3A. a. “Animal massage” means a method
12of treating the body of an animal for relaxation or hygienic
13purposes through techniques, with or without the aid of a
14massage device, that include rubbing, stroking, or kneading the
15body of the animal.
16b. “Animal massage” does not include acupuncture,
17chiropractic care, diagnosis, diagnostic treatment,
18prescription, or surgery.
19 Sec. 3. Section 169.3, subsection 10, Code 2023, is amended
20to read as follows:
2110. a. “Practice of veterinary medicine” means any of the
22following:
23a. (1) To diagnose, treat, correct, change, relieve or
24prevent, for a fee, any animal disease, deformity, defect,
25injury or other physical or mental conditions or cosmetic
26surgery; including the prescription or administration of any
27drug, medicine, biologic, apparatus, application, anesthetic,
28or other therapeutic or diagnostic substance or technique, for
29a fee; or to evaluate or correct sterility or infertility, for
30a fee; or to render, advise or recommend with regard to any of
31the above for a fee.
32b. (2) To represent, directly or indirectly, publicly or
33privately, an ability or willingness to do an act described in
34paragraph “a” subparagraph (1).
35c. (3) To use any title, words, abbreviation, or letters in
-1-1a manner or under circumstances which induce the belief that
2the person using them is qualified to do any act described in
3paragraph “a” subparagraph (1).
4(4) The performance or use of complementary, alternative,
5or integrative therapies including veterinary acupuncture,
6acutherapy, acupressure, manipulative therapy based on
7techniques practiced in osteopathy and chiropractic medicine,
8or other similar therapies as specified by rule adopted by the
9board.
10b. “Practice of veterinary medicine” does not include
11providing authorized veterinary medical services to an animal
12patient by veterinary auxiliary personnel when performing
13a delegated task under the supervision of a supervising
14veterinarian as provided in subchapter II.
15 Sec. 4. Section 169.3, subsection 12, Code 2023, is amended
16by striking the subsection.
17 Sec. 5. Section 169.4, unnumbered paragraph 1, Code 2023,
18is amended to read as follows:
19A person may shall not practice veterinary medicine in the
20state who is not a licensed veterinarian or the holder of a
21valid temporary permit issued by the board. This chapter shall
22not be construed to prohibit any of the following:
23 Sec. 6. Section 169.4, subsections 2, 9, and 10, Code 2023,
24are amended to read as follows:
252. A person who is a veterinary student in an accredited
26or approved college of veterinary medicine from performing
27duties or actions assigned by instructors an instructor of the
28college, or working acting under the direct supervision of a
29licensed supervising veterinarian as provided in subchapter II.
30The board shall issue to any a veterinary medicine student who
31attends an accredited veterinary medicine college or school
32and who has been certified as being competent by an instructor
33of such college or school to perform veterinary duties under
34the direction of an instructor of veterinary medicine or under
35the direct supervision of a licensed supervising veterinarian,
-2-1a certificate authorizing the veterinary medicine student to
2perform such functions.
39. Any veterinary assistant employed by a licensed
4veterinarian from performing duties other than diagnosis,
5prescription, or surgery auxiliary personnel when performing
6delegated tasks under the direct supervision of such a
7supervising veterinarian which assistant has been issued a
8certificate by the board subject to section 169.20 as provided
9in subchapter II.
1010. A graduate of a foreign college of veterinary medicine,
11 who has or is in the process of obtaining an ECFVG certificate
12for, when performing duties or actions delegated tasks
13 under the direction or supervision of a licensed supervising
14 veterinarian as provided in subchapter II.
15 Sec. 7. Section 169.4, Code 2023, is amended by adding the
16following new subsection:
17 NEW SUBSECTION. 16. A person performing animal massage.
18 Sec. 8. Section 169.5, subsection 7, paragraph i, Code 2023,
19is amended to read as follows:
20i. Adopt, amend, or repeal rules relating to the
21qualifications, standards of conduct for, the supervision of
22tasks delegated to veterinary auxiliary personnel by a licensed
23veterinarian, and disciplinary action of veterinary auxiliary
24personnel for whom the board has issued a certificate or
25permit. The rules may provide for the testing of individuals
26who will apply to receive a certificate as a registered
27veterinary technician, and the revocation or suspension of
28certificates a certificate issued to a veterinary assistants
29 technician. However, a certificate shall not be suspended or
30revoked by less than a two-thirds vote of the entire board in a
31proceeding conducted in compliance with section 17A.12.
32 Sec. 9. Section 169.5, subsection 7, Code 2023, is amended
33by adding the following new paragraph:
34 NEW PARAGRAPH. k. Adopt, amend, or repeal rules requiring
35a veterinarian to have a valid veterinarian-client-patient
-3-1relationship, except in the case of an emergency, before
2practicing veterinary medicine on an animal, including by
3acting as a supervising veterinarian.
4 Sec. 10. NEW SECTION. 169.31 Subchapter definitions.
5As used in this subchapter:
61. “Accredited or approved veterinary technology program”
7means a program in veterinary technology that is accredited by
8the American veterinary medical association and an accrediting
9agency that has been approved by the United States department
10of education or its successor.
112. “Direct supervision” means supervision by a supervising
12veterinarian that occurs when the supervising veterinarian is
13readily available and on the premises where an animal patient
14is being provided authorized veterinary medical services by
15veterinary auxiliary personnel.
163. “Immediate supervision” means supervision by a
17supervising veterinarian that occurs when the supervising
18veterinarian is in the immediate area, and within audible and
19visual range, of an animal patient and veterinary auxiliary
20personnel providing the animal patient with authorized
21veterinary medical services.
224. “Indirect supervision” means supervision by a supervising
23veterinarian, other than direct supervision or immediate
24supervision, that occurs when all of the following apply:
25a. The supervising veterinarian has given written protocols
26or real-time oral instructions to veterinary auxiliary
27personnel for the treatment of an animal patient for which a
28veterinarian-client-patient relationship exists.
29b. The supervising veterinarian is readily available by
30telephone or other means of immediate communication with the
31veterinary auxiliary personnel providing the animal patient
32with authorized veterinary medical services.
335. “Registered veterinary technician” means an individual
34who has graduated from an accredited or approved veterinary
35technology program and who has been issued a valid certificate
-4-1of registration by the board pursuant to section 169.34.
26. “Supervising veterinarian” means a licensed veterinarian
3who assumes responsibility for supervising veterinary auxiliary
4personnel providing authorized veterinary medical services
5to an animal patient under immediate supervision, direct
6supervision, or indirect supervision.
77. a. “Veterinary assistant” means an individual employed
8to work in veterinary practice who performs tasks under the
9supervision of a supervising veterinarian.
10b. “Veterinary assistant” does not include a person who is a
11licensed veterinarian or a registered veterinary technician,
12veterinary student, veterinary technician student, or graduate
13from a foreign college of veterinary medicine who is not a
14licensed veterinarian or the holder of a valid temporary permit
15issued by the board.
168. “Veterinary auxiliary personnel” means a veterinary
17assistant, registered veterinary technician, veterinary
18student, veterinary technician student, or graduate of a
19foreign college of veterinary medicine who is not a licensed
20veterinarian or the holder of a valid temporary permit issued
21by the board.
229. “Veterinary student” means an individual currently
23admitted to and in good academic standing with an accredited or
24approved college of veterinary medicine.
2510. “Veterinary technician student” means an individual
26currently admitted to and in good academic standing with an
27accredited or approved veterinary technology program.
28 Sec. 11. NEW SECTION. 169.32 Supervising veterinarian.
291. A licensed veterinarian may provide veterinary medical
30services to an animal patient by acting as a supervising
31veterinarian as provided in this subchapter and rules adopted
32by the board.
332. A supervising veterinarian shall determine the
34supervision required for tasks delegated to veterinary
35auxiliary personnel within the limits provided in this
-5-1subchapter and rules adopted by the board. The decision
2must be based on factors such as the veterinary auxiliary
3personnel’s training, experience, and skill. The supervising
4veterinarian is responsible for providing the required
5supervision and delegating tasks to veterinary auxiliary
6personnel. The supervising veterinarian shall not delegate
7veterinary medical services of diagnosis, prescription, or
8surgery to any veterinary assistant, veterinary technician
9student, or registered veterinary technician.
103. The board shall adopt rules providing for when a licensed
11veterinarian must exercise immediate supervision, direct
12supervision, or indirect supervision for each category of
13auxiliary veterinary personnel providing authorized veterinary
14medical services to an animal patient. Nothing in this
15subchapter or the rules adopted by the board shall prohibit the
16supervising veterinarian from providing more supervision than
17required when the veterinary auxiliary personnel’s training,
18experience, and skill indicate more supervision is necessary.
19 Sec. 12. NEW SECTION. 169.33 Veterinary auxiliary personnel
20— employment.
211. a. A licensed veterinarian may employ any number of
22veterinary auxiliary personnel who may be delegated tasks
23associated with providing authorized veterinary medical
24services to an animal patient within the limits provided in
25this subchapter and rules adopted by the board pursuant to this
26subchapter.
27b. A person may employ any number of veterinary auxiliary
28personnel to provide authorized veterinary medical services
29to animals that are owned or cared for by the person if a
30supervising veterinarian who practices at the same place of
31business as the veterinary auxiliary personnel supervises the
32veterinary auxiliary personnel within the limits provided in
33this subchapter and rules adopted by the board pursuant to this
34subchapter.
352. Veterinary auxiliary personnel shall only receive
-6-1compensation for authorized veterinary medical services from
2their employer as provided in this section except for those
3services provided in accordance with section 169.4.
4 Sec. 13. NEW SECTION. 169.34 Registered veterinary
5technician — certificate of registration.
61. The board shall issue a certificate of registration to an
7individual if all of the following apply:
8a. The individual has graduated from an accredited or
9approved veterinary technology program.
10b. The individual has received a passing score on a national
11veterinary technician examination approved by the board.
12c. The individual has submitted a complete application to
13the board that is approved by the board.
14(1) The application must be in a form prescribed by the
15board.
16(2) To be complete, the application must include all of the
17following:
18(a) Information and material required by the board.
19(b) A registration fee in an amount established by the
20board.
21d. The individual meets other criteria or qualifications
22as specified by rule adopted by the board, including but not
23limited to a state veterinary technician examination.
24e. The board may grant a waiver from any qualification for a
25certificate of registration to an individual who was in active
26duty military service or the individual’s spouse in accordance
27with section 272C.4, or to an individual who was previously
28a veterinary medical student and who substantially meets the
29qualifications to receive a certificate of registration.
302. The board may issue an endorsed certificate of
31registration to an individual if the individual holds a valid
32registration, certificate, license, or other authorization
33issued by a jurisdiction recognized by the board, and all of
34the following apply:
35a. The individual meets the educational, experience, or
-7-1testing requirements as specified by the board in rule.
2b. The individual is not subject to an investigation or
3disciplinary action which may result or has resulted in the
4suspension or the revocation of a registration, certificate,
5license, or other authorization issued by a jurisdiction
6recognized by the board.
7c. The individual has submitted a complete application to
8the board that is approved by the board.
9(1) The application must be in a form prescribed by the
10board.
11(2) To be complete, the application must include all of the
12following:
13(a) Information and material required by the board.
14(b) A registration fee in an amount established by the
15board.
16d. The individual meets other criteria, standard, or
17qualification as specified by rule adopted by the board.
18e. The board may grant a waiver from any qualification for
19an endorsed certificate of registration to an individual who
20was in active duty military service or the individual’s spouse
21in accordance with section 272C.4, or to an individual who was
22previously a veterinary medical student who substantially meets
23the qualifications to receive a certificate of registration.
243. A certificate of registration issued under this
25section does not expire. A certificate of registration for a
26registered veterinary technician that was issued prior to July
271, 2024, remains valid and does not expire.
284. A registered veterinary technician is subject to
29investigation and disciplinary action taken by the board
30pursuant to section 272C.3. However, the board shall utilize
31the procedures set forth in section 169.14. A certificate of
32registration shall not be suspended or revoked by less than a
33two-thirds vote of the entire board in a proceeding conducted
34in compliance with section 17A.12.
35 Sec. 14. NEW SECTION. 169.35 Registered veterinary
-8-1technician — credentials.
21. A person shall not use any recognized title,
3abbreviation, or sign to indicate that such person is a
4registered veterinary technician unless that person is an
5individual who has been issued a certificate of registration
6pursuant to section 169.34.
72. A person who violates subsection 1 commits a simple
8misdemeanor.
9 Sec. 15. NEW SECTION. 169.36 Registered veterinary
10technician — scope of authority.
111. A registered veterinary technician shall only perform
12tasks associated with providing authorized veterinary medical
13services to an animal patient under the supervision of a
14supervising veterinarian according to this section and rules
15adopted by the board under this subchapter.
162. A supervising veterinarian shall decide the specific
17tasks delegated to a registered veterinary technician and
18provide the required supervision pursuant to section 169.32 and
19the rules adopted by the board.
203. A veterinary technician shall not do any of the
21following:
22a. Perform equine floating teeth services. However, a
23registered veterinary technician may perform such services
24after submitting to the board all of the following:
25(1) Proof of current certification from the international
26association of equine dentistry or other professional equine
27dentistry association as determined by the board.
28(2) A written statement signed by a supervising
29veterinarian experienced in large animal medicine that the
30applicant will be under the direct supervision or indirect
31supervision of the supervising veterinarian when treating
32floating equine teeth.
33b. Gingival resection.
34 Sec. 16. NEW SECTION. 169.37 Veterinary assistant — scope
35of authority.
-9- 11. A veterinary assistant shall only perform tasks
2associated with providing authorized veterinary medical
3services to an animal patient under the direct supervision of
4a supervising veterinarian according to rules adopted by the
5board under this subchapter.
62. A supervising veterinarian shall decide the specific
7tasks delegated to a veterinary assistant and provide the
8required supervision pursuant to section 169.32 and rules
9adopted by the board.
10 Sec. 17. NEW SECTION. 169.38 Veterinary technician student
11— scope of authority.
121. A veterinary technician student shall only perform
13tasks associated with providing authorized veterinary medical
14services to an animal patient under the supervision of a
15supervising veterinarian according to rules adopted by the
16board under this subchapter.
172. A supervising veterinarian shall decide the specific
18tasks delegated to a veterinary technician student and provide
19the required supervision pursuant to section 169.32 and rules
20adopted by the board.
21 Sec. 18. NEW SECTION. 169.39 Veterinary student — scope
22of authority.
231. A veterinary student shall only perform tasks associated
24with providing authorized veterinary medical services to
25an animal patient under the supervision determined by the
26supervising veterinarian.
272. A supervising veterinarian shall decide the specific
28tasks delegated to a veterinary student and provide the
29required supervision pursuant to section 169.32 and the rules
30adopted by the board.
31 Sec. 19. NEW SECTION. 169.40 Graduate from foreign college
32of veterinary medicine — scope of authority.
331. A graduate from a foreign college of veterinary medicine
34shall only perform tasks associated with providing authorized
35veterinary medical services to an animal patient under the
-10-1supervision determined by the supervising veterinarian.
22. A supervising veterinarian shall decide the specific
3tasks delegated to a graduate from a foreign college of
4veterinary medicine who is not a licensed veterinarian or
5temporary permit holder and provide the required supervision
6pursuant to section 169.32 and the rules adopted by the board.
7 Sec. 20. Section 714.8, Code 2023, is amended by adding the
8following new subsection:
9 NEW SUBSECTION. 22. Practicing veterinary medicine without
10a valid license or temporary permit issued by the board of
11veterinary medicine pursuant to chapter 169, as described in
12section 169.19.
13 Sec. 21. REPEAL. Section 169.20, Code 2023, is repealed.
14 Sec. 22. CODE EDITOR DIRECTIVES. The Code editor shall do
15all of the following:
161. Create a new subchapter in chapter 169 that includes
17sections 169.1 through 169.30.
182. Create a new subchapter in chapter 169 that includes
19sections 169.31 through 169.40, as enacted in this Act.
203. Correct internal references in the Code and in any
21enacted legislation as necessary due to the enactment of this
22Act.
23 Sec. 23. ADMINISTRATIVE RULES. The board of veterinary
24medicine shall submit a notice of intended action to the
25administrative rules coordinator and the Iowa administrative
26code editor pursuant to section 17A.4, subsection 1, paragraph
27“a”, not later than January 1, 2024, for the adoption of rules
28required to implement this Act.
29 Sec. 24. EFFECTIVE DATE.
301. Except as provided in subsection 2, this Act takes effect
31July 1, 2024.
322. The section of this Act requiring the board of veterinary
33medicine to submit a notice of intended action for the adoption
34of rules, being deemed of immediate importance, takes effect
35upon enactment.
-11-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4GENERAL. This bill amends the “Iowa Veterinary Practice
5Act” (Code chapter 169) regulating the practice of veterinary
6medicine by individuals receiving a doctor of veterinary
7medicine degree or equivalent (veterinarians) (amended Code
8section 169.3) and licensed by the Iowa board of veterinary
9medicine (board) by examination or endorsement (licensed
10veterinarians) (Code sections 169.4, 169.9, and 169.10). The
11board may issue a temporary permit (permit) to certain members
12of the college of veterinary medicine of Iowa state university
13of science and technology or persons waiting to be licensed
14(Code sections 169.4 and 169.11). A person who practices
15veterinary medicine without a valid license or permit is guilty
16of a fraudulent practice.
17The bill provides definitions of terms used throughout the
18Code chapter and creates a new subchapter authorizing certain
19individuals to provide authorized veterinary medical services
20to animals in a manner that would otherwise constitute the
21practice of veterinary medicine, so long as the authorized
22veterinary medical services are provided under the supervision
23of a licensed veterinarian (supervising veterinarian).
24DEFINITIONS. The bill amends the term “animal” to expressly
25include livestock. The bill rewrites the definition of
26“practice of veterinary medicine” to include complementary,
27alternative, or integrative therapies such as acupuncture,
28acutherapy, acupressure, or manipulation. The practice
29of veterinary medicine does not include performing animal
30massage. It also does not include providing authorized
31veterinary medical services to an animal patient by veterinary
32auxiliary personnel when performing a delegated task under the
33supervision of a supervising veterinarian as provided in the
34bill.
35SUPERVISION BY LICENSED VETERINARIAN — VETERINARY AUXILIARY
-12-1PERSONNEL. The bill provides that a licensed veterinarian
2may act as a supervising veterinarian directing certain
3individuals in performing delegated tasks under different
4levels of supervision. Such an individual is classified as a
5veterinary auxiliary personnel and includes (1) a registered
6veterinary technician who has graduated from an accredited or
7approved veterinary technology program, received a passing
8score on a national veterinarian technician examination,
9and is issued a certificate of registration by the board;
10(2) a veterinary technician student attending an accredited
11or approved technology program; (3) a veterinary assistant
12subject to qualifications established by the board; (4) a
13veterinary student attending an accredited or approved college
14of veterinary medicine; and (5) a graduate of a foreign college
15of veterinary medicine. The bill provides procedures to become
16certified as a registered veterinary technician, including
17application requirements and the payment of an application fee
18established by the board. The bill authorizes the board to
19waive qualification requirements under certain conditions. It
20provides that a registration recognized prior to July 1, 2024,
21remains in effect. It also provides that a person who falsely
22uses a credential of a registered veterinary technician commits
23a simple misdemeanor. The levels of supervision allowing
24a supervising veterinarian to delegate tasks to veterinary
25auxiliary personnel include: (1) direct supervision in which
26the supervising veterinarian is on the premises where the
27animal patient is being cared for, (2) immediate supervision
28in which a supervising veterinarian is in the immediate area
29of the animal patient, and (3) indirect supervision in which a
30supervising veterinarian has given protocols or instructions
31to the veterinary auxiliary personnel and is available by
32telephone or other means of immediate communication.
33SUPERVISION BY LICENSED VETERINARIAN — DUTY. The board
34is required to adopt rules providing for when a licensed
35veterinarian must exercise direct supervision, immediate
-13-1supervision, or indirect supervision for each category of
2auxiliary veterinary personnel providing authorized veterinary
3medical services to an animal patient. The supervising
4veterinarian may provide more supervision than required by the
5board. Auxiliary personnel cannot be delegated a task relating
6to making a diagnosis, issuing a prescription, or performing
7surgery. A registered veterinary technician may in certain
8circumstances perform equine floating teeth services but cannot
9provide gingival resection. Veterinary auxiliary personnel may
10be employed by a person if a supervising veterinarian practices
11at the same place of business.
12UNAUTHORIZED PRACTICE OF VETERINARY MEDICINE. The bill
13amends provisions describing a fraudulent practice by providing
14that a person who practices veterinary medicine without a
15valid license or valid permit issued by the board commits a
16fraudulent practice.
17ADMINISTRATIVE RULES. The bill requires the board to begin
18the process of adopting rules required to implement the bill’s
19provisions by January 1, 2024. These provisions take effect
20upon enactment.
21PENALTIES. A simple misdemeanor is punishable by
22confinement for no more than 30 days and a fine of at least $105
23but not more than $855. The penalties for fraudulent practice
24range from a simple misdemeanor to a class “C” felony depending
25upon the amount of money or value of the property involved. A
26serious misdemeanor is punishable by confinement for no more
27than one year and a fine of at least $430 but not more than
28$2,560. An aggravated misdemeanor is punishable by confinement
29for no more than two years and a fine of at least $855 but
30not more than $8,540. A class “D” felony is punishable by
31confinement for no more than five years and a fine of at least
32$1,025 but not more than $10,245. A class “C” felony is
33punishable by confinement for no more than 10 years and a fine
34of at least $1,370 but not more than $13,660 (Code sections
35714.8 to 714.14).
-14- 1EFFECTIVE DATE. Other than the provision requiring the
2adoption of rules by the board, the bill takes effect July 1,
32024.
-15-da/ns
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 169.3, subsection 3, Code 2023, is
2amended to read as follows:
33. a. “Animal” means any nonhuman primate, dog, cat,
4rabbit, rodent, fish, reptile, and livestock as defined in
5section 717.1, or other vertebrate or nonvertebrate life forms
6 form, living or dead, except domestic poultry.
7b. “Livestock” includes a group of livestock such as a herd
8or flock.
9 Sec. 2. Section 169.3, Code 2023, is amended by adding the
10following new subsection:
11 NEW SUBSECTION. 3A. a. “Animal massage” means a method
12of treating the body of an animal for relaxation or hygienic
13purposes through techniques, with or without the aid of a
14massage device, that include rubbing, stroking, or kneading the
15body of the animal.
16b. “Animal massage” does not include acupuncture,
17chiropractic care, diagnosis, diagnostic treatment,
18prescription, or surgery.
19 Sec. 3. Section 169.3, subsection 10, Code 2023, is amended
20to read as follows:
2110. a. “Practice of veterinary medicine” means any of the
22following:
23a. (1) To diagnose, treat, correct, change, relieve or
24prevent, for a fee, any animal disease, deformity, defect,
25injury or other physical or mental conditions or cosmetic
26surgery; including the prescription or administration of any
27drug, medicine, biologic, apparatus, application, anesthetic,
28or other therapeutic or diagnostic substance or technique, for
29a fee; or to evaluate or correct sterility or infertility, for
30a fee; or to render, advise or recommend with regard to any of
31the above for a fee.
32b. (2) To represent, directly or indirectly, publicly or
33privately, an ability or willingness to do an act described in
34paragraph “a” subparagraph (1).
35c. (3) To use any title, words, abbreviation, or letters in
-1-1a manner or under circumstances which induce the belief that
2the person using them is qualified to do any act described in
3paragraph “a” subparagraph (1).
4(4) The performance or use of complementary, alternative,
5or integrative therapies including veterinary acupuncture,
6acutherapy, acupressure, manipulative therapy based on
7techniques practiced in osteopathy and chiropractic medicine,
8or other similar therapies as specified by rule adopted by the
9board.
10b. “Practice of veterinary medicine” does not include
11providing authorized veterinary medical services to an animal
12patient by veterinary auxiliary personnel when performing
13a delegated task under the supervision of a supervising
14veterinarian as provided in subchapter II.
15 Sec. 4. Section 169.3, subsection 12, Code 2023, is amended
16by striking the subsection.
17 Sec. 5. Section 169.4, unnumbered paragraph 1, Code 2023,
18is amended to read as follows:
19A person may shall not practice veterinary medicine in the
20state who is not a licensed veterinarian or the holder of a
21valid temporary permit issued by the board. This chapter shall
22not be construed to prohibit any of the following:
23 Sec. 6. Section 169.4, subsections 2, 9, and 10, Code 2023,
24are amended to read as follows:
252. A person who is a veterinary student in an accredited
26or approved college of veterinary medicine from performing
27duties or actions assigned by instructors an instructor of the
28college, or working acting under the direct supervision of a
29licensed supervising veterinarian as provided in subchapter II.
30The board shall issue to any a veterinary medicine student who
31attends an accredited veterinary medicine college or school
32and who has been certified as being competent by an instructor
33of such college or school to perform veterinary duties under
34the direction of an instructor of veterinary medicine or under
35the direct supervision of a licensed supervising veterinarian,
-2-1a certificate authorizing the veterinary medicine student to
2perform such functions.
39. Any veterinary assistant employed by a licensed
4veterinarian from performing duties other than diagnosis,
5prescription, or surgery auxiliary personnel when performing
6delegated tasks under the direct supervision of such a
7supervising veterinarian which assistant has been issued a
8certificate by the board subject to section 169.20 as provided
9in subchapter II.
1010. A graduate of a foreign college of veterinary medicine,
11 who has or is in the process of obtaining an ECFVG certificate
12for, when performing duties or actions delegated tasks
13 under the direction or supervision of a licensed supervising
14 veterinarian as provided in subchapter II.
15 Sec. 7. Section 169.4, Code 2023, is amended by adding the
16following new subsection:
17 NEW SUBSECTION. 16. A person performing animal massage.
18 Sec. 8. Section 169.5, subsection 7, paragraph i, Code 2023,
19is amended to read as follows:
20i. Adopt, amend, or repeal rules relating to the
21qualifications, standards of conduct for, the supervision of
22tasks delegated to veterinary auxiliary personnel by a licensed
23veterinarian, and disciplinary action of veterinary auxiliary
24personnel for whom the board has issued a certificate or
25permit. The rules may provide for the testing of individuals
26who will apply to receive a certificate as a registered
27veterinary technician, and the revocation or suspension of
28certificates a certificate issued to a veterinary assistants
29 technician. However, a certificate shall not be suspended or
30revoked by less than a two-thirds vote of the entire board in a
31proceeding conducted in compliance with section 17A.12.
32 Sec. 9. Section 169.5, subsection 7, Code 2023, is amended
33by adding the following new paragraph:
34 NEW PARAGRAPH. k. Adopt, amend, or repeal rules requiring
35a veterinarian to have a valid veterinarian-client-patient
-3-1relationship, except in the case of an emergency, before
2practicing veterinary medicine on an animal, including by
3acting as a supervising veterinarian.
4 Sec. 10. NEW SECTION. 169.31 Subchapter definitions.
5As used in this subchapter:
61. “Accredited or approved veterinary technology program”
7means a program in veterinary technology that is accredited by
8the American veterinary medical association and an accrediting
9agency that has been approved by the United States department
10of education or its successor.
112. “Direct supervision” means supervision by a supervising
12veterinarian that occurs when the supervising veterinarian is
13readily available and on the premises where an animal patient
14is being provided authorized veterinary medical services by
15veterinary auxiliary personnel.
163. “Immediate supervision” means supervision by a
17supervising veterinarian that occurs when the supervising
18veterinarian is in the immediate area, and within audible and
19visual range, of an animal patient and veterinary auxiliary
20personnel providing the animal patient with authorized
21veterinary medical services.
224. “Indirect supervision” means supervision by a supervising
23veterinarian, other than direct supervision or immediate
24supervision, that occurs when all of the following apply:
25a. The supervising veterinarian has given written protocols
26or real-time oral instructions to veterinary auxiliary
27personnel for the treatment of an animal patient for which a
28veterinarian-client-patient relationship exists.
29b. The supervising veterinarian is readily available by
30telephone or other means of immediate communication with the
31veterinary auxiliary personnel providing the animal patient
32with authorized veterinary medical services.
335. “Registered veterinary technician” means an individual
34who has graduated from an accredited or approved veterinary
35technology program and who has been issued a valid certificate
-4-1of registration by the board pursuant to section 169.34.
26. “Supervising veterinarian” means a licensed veterinarian
3who assumes responsibility for supervising veterinary auxiliary
4personnel providing authorized veterinary medical services
5to an animal patient under immediate supervision, direct
6supervision, or indirect supervision.
77. a. “Veterinary assistant” means an individual employed
8to work in veterinary practice who performs tasks under the
9supervision of a supervising veterinarian.
10b. “Veterinary assistant” does not include a person who is a
11licensed veterinarian or a registered veterinary technician,
12veterinary student, veterinary technician student, or graduate
13from a foreign college of veterinary medicine who is not a
14licensed veterinarian or the holder of a valid temporary permit
15issued by the board.
168. “Veterinary auxiliary personnel” means a veterinary
17assistant, registered veterinary technician, veterinary
18student, veterinary technician student, or graduate of a
19foreign college of veterinary medicine who is not a licensed
20veterinarian or the holder of a valid temporary permit issued
21by the board.
229. “Veterinary student” means an individual currently
23admitted to and in good academic standing with an accredited or
24approved college of veterinary medicine.
2510. “Veterinary technician student” means an individual
26currently admitted to and in good academic standing with an
27accredited or approved veterinary technology program.
28 Sec. 11. NEW SECTION. 169.32 Supervising veterinarian.
291. A licensed veterinarian may provide veterinary medical
30services to an animal patient by acting as a supervising
31veterinarian as provided in this subchapter and rules adopted
32by the board.
332. A supervising veterinarian shall determine the
34supervision required for tasks delegated to veterinary
35auxiliary personnel within the limits provided in this
-5-1subchapter and rules adopted by the board. The decision
2must be based on factors such as the veterinary auxiliary
3personnel’s training, experience, and skill. The supervising
4veterinarian is responsible for providing the required
5supervision and delegating tasks to veterinary auxiliary
6personnel. The supervising veterinarian shall not delegate
7veterinary medical services of diagnosis, prescription, or
8surgery to any veterinary assistant, veterinary technician
9student, or registered veterinary technician.
103. The board shall adopt rules providing for when a licensed
11veterinarian must exercise immediate supervision, direct
12supervision, or indirect supervision for each category of
13auxiliary veterinary personnel providing authorized veterinary
14medical services to an animal patient. Nothing in this
15subchapter or the rules adopted by the board shall prohibit the
16supervising veterinarian from providing more supervision than
17required when the veterinary auxiliary personnel’s training,
18experience, and skill indicate more supervision is necessary.
19 Sec. 12. NEW SECTION. 169.33 Veterinary auxiliary personnel
20— employment.
211. a. A licensed veterinarian may employ any number of
22veterinary auxiliary personnel who may be delegated tasks
23associated with providing authorized veterinary medical
24services to an animal patient within the limits provided in
25this subchapter and rules adopted by the board pursuant to this
26subchapter.
27b. A person may employ any number of veterinary auxiliary
28personnel to provide authorized veterinary medical services
29to animals that are owned or cared for by the person if a
30supervising veterinarian who practices at the same place of
31business as the veterinary auxiliary personnel supervises the
32veterinary auxiliary personnel within the limits provided in
33this subchapter and rules adopted by the board pursuant to this
34subchapter.
352. Veterinary auxiliary personnel shall only receive
-6-1compensation for authorized veterinary medical services from
2their employer as provided in this section except for those
3services provided in accordance with section 169.4.
4 Sec. 13. NEW SECTION. 169.34 Registered veterinary
5technician — certificate of registration.
61. The board shall issue a certificate of registration to an
7individual if all of the following apply:
8a. The individual has graduated from an accredited or
9approved veterinary technology program.
10b. The individual has received a passing score on a national
11veterinary technician examination approved by the board.
12c. The individual has submitted a complete application to
13the board that is approved by the board.
14(1) The application must be in a form prescribed by the
15board.
16(2) To be complete, the application must include all of the
17following:
18(a) Information and material required by the board.
19(b) A registration fee in an amount established by the
20board.
21d. The individual meets other criteria or qualifications
22as specified by rule adopted by the board, including but not
23limited to a state veterinary technician examination.
24e. The board may grant a waiver from any qualification for a
25certificate of registration to an individual who was in active
26duty military service or the individual’s spouse in accordance
27with section 272C.4, or to an individual who was previously
28a veterinary medical student and who substantially meets the
29qualifications to receive a certificate of registration.
302. The board may issue an endorsed certificate of
31registration to an individual if the individual holds a valid
32registration, certificate, license, or other authorization
33issued by a jurisdiction recognized by the board, and all of
34the following apply:
35a. The individual meets the educational, experience, or
-7-1testing requirements as specified by the board in rule.
2b. The individual is not subject to an investigation or
3disciplinary action which may result or has resulted in the
4suspension or the revocation of a registration, certificate,
5license, or other authorization issued by a jurisdiction
6recognized by the board.
7c. The individual has submitted a complete application to
8the board that is approved by the board.
9(1) The application must be in a form prescribed by the
10board.
11(2) To be complete, the application must include all of the
12following:
13(a) Information and material required by the board.
14(b) A registration fee in an amount established by the
15board.
16d. The individual meets other criteria, standard, or
17qualification as specified by rule adopted by the board.
18e. The board may grant a waiver from any qualification for
19an endorsed certificate of registration to an individual who
20was in active duty military service or the individual’s spouse
21in accordance with section 272C.4, or to an individual who was
22previously a veterinary medical student who substantially meets
23the qualifications to receive a certificate of registration.
243. A certificate of registration issued under this
25section does not expire. A certificate of registration for a
26registered veterinary technician that was issued prior to July
271, 2024, remains valid and does not expire.
284. A registered veterinary technician is subject to
29investigation and disciplinary action taken by the board
30pursuant to section 272C.3. However, the board shall utilize
31the procedures set forth in section 169.14. A certificate of
32registration shall not be suspended or revoked by less than a
33two-thirds vote of the entire board in a proceeding conducted
34in compliance with section 17A.12.
35 Sec. 14. NEW SECTION. 169.35 Registered veterinary
-8-1technician — credentials.
21. A person shall not use any recognized title,
3abbreviation, or sign to indicate that such person is a
4registered veterinary technician unless that person is an
5individual who has been issued a certificate of registration
6pursuant to section 169.34.
72. A person who violates subsection 1 commits a simple
8misdemeanor.
9 Sec. 15. NEW SECTION. 169.36 Registered veterinary
10technician — scope of authority.
111. A registered veterinary technician shall only perform
12tasks associated with providing authorized veterinary medical
13services to an animal patient under the supervision of a
14supervising veterinarian according to this section and rules
15adopted by the board under this subchapter.
162. A supervising veterinarian shall decide the specific
17tasks delegated to a registered veterinary technician and
18provide the required supervision pursuant to section 169.32 and
19the rules adopted by the board.
203. A veterinary technician shall not do any of the
21following:
22a. Perform equine floating teeth services. However, a
23registered veterinary technician may perform such services
24after submitting to the board all of the following:
25(1) Proof of current certification from the international
26association of equine dentistry or other professional equine
27dentistry association as determined by the board.
28(2) A written statement signed by a supervising
29veterinarian experienced in large animal medicine that the
30applicant will be under the direct supervision or indirect
31supervision of the supervising veterinarian when treating
32floating equine teeth.
33b. Gingival resection.
34 Sec. 16. NEW SECTION. 169.37 Veterinary assistant — scope
35of authority.
-9- 11. A veterinary assistant shall only perform tasks
2associated with providing authorized veterinary medical
3services to an animal patient under the direct supervision of
4a supervising veterinarian according to rules adopted by the
5board under this subchapter.
62. A supervising veterinarian shall decide the specific
7tasks delegated to a veterinary assistant and provide the
8required supervision pursuant to section 169.32 and rules
9adopted by the board.
10 Sec. 17. NEW SECTION. 169.38 Veterinary technician student
11— scope of authority.
121. A veterinary technician student shall only perform
13tasks associated with providing authorized veterinary medical
14services to an animal patient under the supervision of a
15supervising veterinarian according to rules adopted by the
16board under this subchapter.
172. A supervising veterinarian shall decide the specific
18tasks delegated to a veterinary technician student and provide
19the required supervision pursuant to section 169.32 and rules
20adopted by the board.
21 Sec. 18. NEW SECTION. 169.39 Veterinary student — scope
22of authority.
231. A veterinary student shall only perform tasks associated
24with providing authorized veterinary medical services to
25an animal patient under the supervision determined by the
26supervising veterinarian.
272. A supervising veterinarian shall decide the specific
28tasks delegated to a veterinary student and provide the
29required supervision pursuant to section 169.32 and the rules
30adopted by the board.
31 Sec. 19. NEW SECTION. 169.40 Graduate from foreign college
32of veterinary medicine — scope of authority.
331. A graduate from a foreign college of veterinary medicine
34shall only perform tasks associated with providing authorized
35veterinary medical services to an animal patient under the
-10-1supervision determined by the supervising veterinarian.
22. A supervising veterinarian shall decide the specific
3tasks delegated to a graduate from a foreign college of
4veterinary medicine who is not a licensed veterinarian or
5temporary permit holder and provide the required supervision
6pursuant to section 169.32 and the rules adopted by the board.
7 Sec. 20. Section 714.8, Code 2023, is amended by adding the
8following new subsection:
9 NEW SUBSECTION. 22. Practicing veterinary medicine without
10a valid license or temporary permit issued by the board of
11veterinary medicine pursuant to chapter 169, as described in
12section 169.19.
13 Sec. 21. REPEAL. Section 169.20, Code 2023, is repealed.
14 Sec. 22. CODE EDITOR DIRECTIVES. The Code editor shall do
15all of the following:
161. Create a new subchapter in chapter 169 that includes
17sections 169.1 through 169.30.
182. Create a new subchapter in chapter 169 that includes
19sections 169.31 through 169.40, as enacted in this Act.
203. Correct internal references in the Code and in any
21enacted legislation as necessary due to the enactment of this
22Act.
23 Sec. 23. ADMINISTRATIVE RULES. The board of veterinary
24medicine shall submit a notice of intended action to the
25administrative rules coordinator and the Iowa administrative
26code editor pursuant to section 17A.4, subsection 1, paragraph
27“a”, not later than January 1, 2024, for the adoption of rules
28required to implement this Act.
29 Sec. 24. EFFECTIVE DATE.
301. Except as provided in subsection 2, this Act takes effect
31July 1, 2024.
322. The section of this Act requiring the board of veterinary
33medicine to submit a notice of intended action for the adoption
34of rules, being deemed of immediate importance, takes effect
35upon enactment.
-11-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4GENERAL. This bill amends the “Iowa Veterinary Practice
5Act” (Code chapter 169) regulating the practice of veterinary
6medicine by individuals receiving a doctor of veterinary
7medicine degree or equivalent (veterinarians) (amended Code
8section 169.3) and licensed by the Iowa board of veterinary
9medicine (board) by examination or endorsement (licensed
10veterinarians) (Code sections 169.4, 169.9, and 169.10). The
11board may issue a temporary permit (permit) to certain members
12of the college of veterinary medicine of Iowa state university
13of science and technology or persons waiting to be licensed
14(Code sections 169.4 and 169.11). A person who practices
15veterinary medicine without a valid license or permit is guilty
16of a fraudulent practice.
17The bill provides definitions of terms used throughout the
18Code chapter and creates a new subchapter authorizing certain
19individuals to provide authorized veterinary medical services
20to animals in a manner that would otherwise constitute the
21practice of veterinary medicine, so long as the authorized
22veterinary medical services are provided under the supervision
23of a licensed veterinarian (supervising veterinarian).
24DEFINITIONS. The bill amends the term “animal” to expressly
25include livestock. The bill rewrites the definition of
26“practice of veterinary medicine” to include complementary,
27alternative, or integrative therapies such as acupuncture,
28acutherapy, acupressure, or manipulation. The practice
29of veterinary medicine does not include performing animal
30massage. It also does not include providing authorized
31veterinary medical services to an animal patient by veterinary
32auxiliary personnel when performing a delegated task under the
33supervision of a supervising veterinarian as provided in the
34bill.
35SUPERVISION BY LICENSED VETERINARIAN — VETERINARY AUXILIARY
-12-1PERSONNEL. The bill provides that a licensed veterinarian
2may act as a supervising veterinarian directing certain
3individuals in performing delegated tasks under different
4levels of supervision. Such an individual is classified as a
5veterinary auxiliary personnel and includes (1) a registered
6veterinary technician who has graduated from an accredited or
7approved veterinary technology program, received a passing
8score on a national veterinarian technician examination,
9and is issued a certificate of registration by the board;
10(2) a veterinary technician student attending an accredited
11or approved technology program; (3) a veterinary assistant
12subject to qualifications established by the board; (4) a
13veterinary student attending an accredited or approved college
14of veterinary medicine; and (5) a graduate of a foreign college
15of veterinary medicine. The bill provides procedures to become
16certified as a registered veterinary technician, including
17application requirements and the payment of an application fee
18established by the board. The bill authorizes the board to
19waive qualification requirements under certain conditions. It
20provides that a registration recognized prior to July 1, 2024,
21remains in effect. It also provides that a person who falsely
22uses a credential of a registered veterinary technician commits
23a simple misdemeanor. The levels of supervision allowing
24a supervising veterinarian to delegate tasks to veterinary
25auxiliary personnel include: (1) direct supervision in which
26the supervising veterinarian is on the premises where the
27animal patient is being cared for, (2) immediate supervision
28in which a supervising veterinarian is in the immediate area
29of the animal patient, and (3) indirect supervision in which a
30supervising veterinarian has given protocols or instructions
31to the veterinary auxiliary personnel and is available by
32telephone or other means of immediate communication.
33SUPERVISION BY LICENSED VETERINARIAN — DUTY. The board
34is required to adopt rules providing for when a licensed
35veterinarian must exercise direct supervision, immediate
-13-1supervision, or indirect supervision for each category of
2auxiliary veterinary personnel providing authorized veterinary
3medical services to an animal patient. The supervising
4veterinarian may provide more supervision than required by the
5board. Auxiliary personnel cannot be delegated a task relating
6to making a diagnosis, issuing a prescription, or performing
7surgery. A registered veterinary technician may in certain
8circumstances perform equine floating teeth services but cannot
9provide gingival resection. Veterinary auxiliary personnel may
10be employed by a person if a supervising veterinarian practices
11at the same place of business.
12UNAUTHORIZED PRACTICE OF VETERINARY MEDICINE. The bill
13amends provisions describing a fraudulent practice by providing
14that a person who practices veterinary medicine without a
15valid license or valid permit issued by the board commits a
16fraudulent practice.
17ADMINISTRATIVE RULES. The bill requires the board to begin
18the process of adopting rules required to implement the bill’s
19provisions by January 1, 2024. These provisions take effect
20upon enactment.
21PENALTIES. A simple misdemeanor is punishable by
22confinement for no more than 30 days and a fine of at least $105
23but not more than $855. The penalties for fraudulent practice
24range from a simple misdemeanor to a class “C” felony depending
25upon the amount of money or value of the property involved. A
26serious misdemeanor is punishable by confinement for no more
27than one year and a fine of at least $430 but not more than
28$2,560. An aggravated misdemeanor is punishable by confinement
29for no more than two years and a fine of at least $855 but
30not more than $8,540. A class “D” felony is punishable by
31confinement for no more than five years and a fine of at least
32$1,025 but not more than $10,245. A class “C” felony is
33punishable by confinement for no more than 10 years and a fine
34of at least $1,370 but not more than $13,660 (Code sections
35714.8 to 714.14).
-14- 1EFFECTIVE DATE. Other than the provision requiring the
2adoption of rules by the board, the bill takes effect July 1,
32024.
-15-da/ns