Text: S05806                            Text: S05808
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Senate Amendment 5807

Amendment Text

PAG LIN
  1  1    Amend the House amendment, S-3465, to Senate File
  1  2 253, as passed by the Senate, as follows:
  1  3    #1.  By striking page 1, line 3 through page 2,
  1  4 line 22, and inserting the following:
  1  5    "#   .  Page 1, by inserting after line 14 the
  1  6 following:
  1  7    "Sec. ___.  Section 169.3, subsection 10,
  1  8 unnumbered paragraph 1, Code 1997, is amended to read
  1  9 as follows:
  1 10    "Practice of veterinary medicine" or "veterinary
  1 11 medical services" means any of the following:"
  1 12    #   .  By striking page 1, line 28, through page 3,
  1 13 line 7, and inserting the following:
  1 14    "Sec.  __.  NEW SECTION.  169.4B  CERTIFICATION OF
  1 15 CLINIC OPERATORS.
  1 16    1.  A person who operates a clinic, including the
  1 17 owner of a clinic, shall not provide veterinary
  1 18 medical services at the clinic, or employ or contract
  1 19 with a licensed veterinarian or the holder of a valid
  1 20 temporary permit as provided in section 169.4, to
  1 21 provide veterinary medical services, unless the person
  1 22 is one of the following:
  1 23    a.  An authorized veterinary entity.
  1 24    b.  A state agency or political subdivision.
  1 25    c.  An animal shelter or pound as defined in
  1 26 section 162.2.
  1 27    d.  A person who is certified as a clinic operator
  1 28 pursuant to this section.
  1 29    2.  A clinic shall not be used to provide
  1 30 veterinary medical services unless the veterinary
  1 31 medical services are provided by a licensed
  1 32 veterinarian or holder of a temporary permit.
  1 33    3.  A person required to be certified under this
  1 34 section must apply for certification with the board
  1 35 according to procedures required by the board.  A
  1 36 certification shall be renewed periodically as
  1 37 required by the board, but not less than once every
  1 38 three years.
  1 39    4.  A person required to be certified under this
  1 40 section shall comply with standards of conduct
  1 41 established by the board for the operation of a
  1 42 clinic, as provided in this chapter and rules adopted
  1 43 by the board.  A certificate issued under this section
  1 44 is not a license or a temporary permit.
  1 45    5.  The board shall do all of the following:
  1 46    a.  Issue, renew, or deny the issuance or renewal
  1 47 of a clinic operator's certificate according to
  1 48 procedures established by the board.
  1 49    b.  Adopt, amend, or rescind rules necessary to
  1 50 administer this section in accordance with chapter
  2  1 17A.
  2  2    6.  a.  The board may take disciplinary action
  2  3 against a person required to be certified as a clinic
  2  4 operator under this section, if it determines that the
  2  5 person has done any of the following:
  2  6    (1)  Violated this section, including rules adopted
  2  7 by the board under this section.
  2  8    (2)  Committed an act or offense prohibited in
  2  9 section 169.13.
  2 10    b.  A disciplinary action taken against a person
  2 11 required to be certified as a clinic operator shall
  2 12 comply with the requirements of section 169.14."
  2 13    #   .  Page 3, by striking lines 9 through 11 and
  2 14 inserting the following:
  2 15    "A person who provides veterinary medical services,
  2 16 including an authorized veterinary entity or a clinic,
  2 17 shall maintain records regarding the care provided to
  2 18 animals as provided by rules which shall be adopted by
  2 19 the".
  2 20    #   .  Page 3, line 16, by striking the word "may"
  2 21 and inserting the following:  "shall".
  2 22    #   .  Page 3, line 18, by inserting after the word
  2 23 "clinic." the following:  "The records shall be
  2 24 maintained for at least five years from the date that
  2 25 the person last provided veterinary medical services."
  2 26    #   .  By striking page 3, line 19, through page 3,
  2 27 line 34, and inserting the following:
  2 28    "Sec. ___.  Section 169.19, subsections 1 through
  2 29 3, Code 1997, are amended to read as follows:
  2 30    1.  a.  Any A person who practices does any of the
  2 31 following is guilty of a fraudulent practice:
  2 32    (1)  Practices veterinary medicine without a
  2 33 currently valid license or temporary permit is guilty
  2 34 of a fraudulent practice.
  2 35    (2)  Operates a clinic without a clinic operator's
  2 36 certificate as provided in section 169.4B.
  2 37    b.  Each act of such unlawful practice shall
  2 38 constitute prohibited in this subsection constitutes a
  2 39 distinct and separate offense.
  2 40    2.  A person who shall practice does any of the
  2 41 following shall not receive compensation for providing
  2 42 veterinary medical services:
  2 43    a.  Practices veterinary medicine without a
  2 44 currently valid license or temporary permit shall not
  2 45 receive any compensation for services so rendered.
  2 46    b.  Owns or operates a clinic without being issued
  2 47 a valid clinic operator's certificate as provided in
  2 48 section 169.4B.
  2 49    3.  The county attorney of the county in which any
  2 50 violation of this chapter occurs shall conduct the
  3  1 necessary prosecution for such violation.
  3  2 Notwithstanding this provision, the board of
  3  3 veterinary medicine or any citizen of this state may
  3  4 bring an action to enjoin any person from providing
  3  5 veterinary medical services, including practicing
  3  6 veterinary medicine, without a currently valid
  3  7 license, or temporary permit, or clinic operator's
  3  8 certificate.  The action brought to restrain a person
  3  9 from engaging in the practice of providing veterinary
  3 10 medicine without possessing a license medical services
  3 11 as provided in this subsection, shall be brought in
  3 12 the name of the state of Iowa.  If the court finds
  3 13 that the individual is violating or threatening to
  3 14 violate this chapter it shall enter an injunction
  3 15 restraining the individual from such unlawful acts.""
  3 16    #2.  By renumbering as necessary.  
  3 17 
  3 18 
  3 19                               
  3 20 STEWART IVERSON, Jr. 
  3 21 SF 253.502 77
  3 22 da/jw/28
     

Text: S05806                            Text: S05808
Text: S05800 - S05899                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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