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Senate Study Bill 47.1

Bill Text

PAG LIN
  1  1    Section 1.  Section 169.3, Code 1997, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  3A.  "Authorized veterinary entity" means
  1  4 any of the following:
  1  5    a.  A licensed veterinarian.
  1  6    b.  The holder of a valid temporary permit issued by the
  1  7 board pursuant to section 169.11.
  1  8    c.  A professional corporation incorporated as provided in
  1  9 section 496C.6 for the purpose of engaging in the practice of
  1 10 veterinary medicine or a professional limited liability
  1 11 company organized as provided in section 490A.1505 for the
  1 12 purpose of engaging in the practice of veterinary medicine.
  1 13    NEW SUBSECTION.  4A.  "Clinic" means a place where
  1 14 veterinary medicine is practiced.
  1 15    Sec. 2.  Section 169.3, subsection 12, Code 1997, is
  1 16 amended to read as follows:
  1 17    12.  "Veterinary assistant" means an assistant employed by
  1 18 a licensed veterinarian an authorized veterinary entity as an
  1 19 animal technician and any other assistant the board designates
  1 20 by rule.
  1 21    Sec. 3.  Section 169.4, unnumbered paragraph 1, Code 1997,
  1 22 is amended to read as follows:
  1 23    A person may shall not practice veterinary medicine in the
  1 24 state who is not unless the person is a licensed veterinarian
  1 25 or the holder of a valid temporary permit issued by the board
  1 26 as provided in section 169.11.  This chapter shall not be
  1 27 construed to prohibit:
  1 28    Sec. 4.  Section 169.4, subsection 9, Code 1997, is amended
  1 29 to read as follows:
  1 30    9.  Any veterinary assistant, if the veterinary assistant
  1 31 is employed by a licensed veterinarian from performing an
  1 32 authorized veterinary entity; performs duties other than
  1 33 diagnosis, prescription, or surgery; is under the direct
  1 34 supervision of such a licensed veterinarian which assistant;
  1 35 and has been issued a certificate by the board subject to
  2  1 section 169.20.
  2  2    Sec. 5.  Section 169.4A, Code 1997, is amended to read as
  2  3 follows:
  2  4    169.4A  PROVISION OF VETERINARY SERVICES.
  2  5    A person, including a corporation, limited liability
  2  6 company, or partnership, established on or after July 1, 1994,
  2  7 other than either a professional corporation organized under
  2  8 chapter 496C or a veterinarian licensed under this chapter but
  2  9 prior to the effective date of this Act, shall not provide
  2 10 veterinary medical services, own a veterinary clinic, or
  2 11 practice veterinary medicine in this state, except as
  2 12 otherwise provided in this chapter of the 1997 Iowa Code.
  2 13 However, this section shall not prohibit apply to a person
  2 14 from owning who is one of the following:
  2 15    1.  A professional corporation organized under chapter 496C
  2 16 or a veterinarian licensed under this chapter who established
  2 17 a veterinary clinic prior to the effective date of this Act.
  2 18    2.  A person who, prior to the effective date of this Act,
  2 19 acquired an interest in real property or a building where a
  2 20 clinic is located, if veterinary medical services or a
  2 21 practice is conducted by the clinic by a professional
  2 22 corporation or a veterinarian licensed under this chapter.
  2 23    Sec. 6.  NEW SECTION.  169.4B  AUTHORIZED PROVIDERS OF
  2 24 VETERINARY SERVICES.
  2 25    On and after the effective date of this Act, a person,
  2 26 other than an authorized veterinary entity, shall not do any
  2 27 of the following:
  2 28    1.  Establish, own, purchase, lease, or otherwise acquire a
  2 29 legal or equitable interest in a clinic.  However, this
  2 30 subsection shall not apply to any of the following:
  2 31    a.  A person owning, purchasing, leasing, or otherwise
  2 32 acquiring a legal or equitable interest in real property or a
  2 33 building where a clinic is located, if the practice of
  2 34 veterinary medicine is conducted by a licensed veterinarian or
  2 35 the holder of a temporary permit issued by the board pursuant
  3  1 to section 169.11.
  3  2    b.  An accredited or approved college of veterinary
  3  3 medicine.
  3  4    2.  Exercise influence or control or attempt to exercise
  3  5 influence or control over the professional judgment, skill, or
  3  6 responsibility of a licensed veterinarian or holder of a valid
  3  7 temporary permit issued by the board pursuant to this chapter.
  3  8    Sec. 7.  NEW SECTION.  169.4C  RECORDS.
  3  9    A person who practices veterinary medicine shall maintain
  3 10 records of animals on which the person practiced veterinary
  3 11 medicine as provided by rules which shall be adopted by the
  3 12 board.  The records shall contain information prescribed by
  3 13 the board.  The records shall at a minimum identify the clinic
  3 14 where veterinary medicine is being practiced, any individual
  3 15 who provides care under this chapter, and information
  3 16 regarding the type of care provided.  The records may be
  3 17 maintained by a clinic on behalf of individuals employed by
  3 18 the clinic.
  3 19    Sec. 8.  Section 169.5, subsection 9, is amended by adding
  3 20 the following new paragraph and relettering subsequent
  3 21 paragraphs:
  3 22    NEW PARAGRAPH.  i.  Refer any matter regarding a violation
  3 23 of this chapter as provided in section 169.19 to the attorney
  3 24 general or the county attorney in the county where the
  3 25 violation occurred for prosecution.
  3 26    Sec. 9.  Section 169.19, subsection 1, Code 1997, is
  3 27 amended to read as follows:
  3 28    1.  a.  Any person who practices veterinary medicine
  3 29 without a currently valid license or temporary permit as
  3 30 provided in this chapter is guilty of a fraudulent practice.
  3 31 Each act of such unlawful practice shall constitute a distinct
  3 32 and separate offense.
  3 33    b.  Any person who violates section 169.4A or 169.4B is
  3 34 guilty of a serious misdemeanor.
  3 35    Sec. 10.  Section 169.20, unnumbered paragraph 1, Code
  4  1 1997, is amended to read as follows:
  4  2    A veterinarian An authorized veterinary entity may employ
  4  3 certified veterinary assistants for any purpose other than
  4  4 diagnosis, prescription, or surgery.  Veterinary assistants
  4  5 must act under the direct supervision of a licensed
  4  6 veterinarian.  
  4  7                           EXPLANATION
  4  8    This bill amends Code chapter 169 which regulates
  4  9 veterinary practices.  Specifically, the bill prohibits a
  4 10 person other than an authorized veterinary entity from
  4 11 establishing, owning, or acquiring a legal or equitable
  4 12 interest in a veterinary clinic after the effective date of
  4 13 the bill.  Less stringent restrictions in current law would
  4 14 continue to apply to persons who established clinics as
  4 15 professional corporations prior to the effective date of the
  4 16 bill.  The bill amends the provision to enhance readability.
  4 17 The bill provides that an authorized veterinary entity
  4 18 includes a person who currently holds a valid license or
  4 19 temporary permit under the chapter.  An authorized entity also
  4 20 includes a professional corporation or a professional limited
  4 21 liability company.  The prohibition does not apply to a person
  4 22 owning or acquiring an interest in real property or a building
  4 23 where a clinic is located, if the practice of veterinary
  4 24 medicine is conducted by a licensed veterinarian or temporary
  4 25 permitholder.  It also does not apply to a college of
  4 26 veterinary medicine.  The bill prohibits a person from
  4 27 exercising influence or control over the professional
  4 28 judgment, skill, or responsibility of a licensed veterinarian.
  4 29 The bill requires that persons practicing veterinary medicine
  4 30 maintain records relating to the veterinary practice.  The
  4 31 prohibition against the establishment of clinics does not
  4 32 apply to persons who established clinics prior to the
  4 33 effective date of the bill.  A person who violates the bill's
  4 34 provisions is guilty of a serious misdemeanor.  
  4 35 LSB 1483XC 77
  5  1 da/jw/5.1
     

                                        
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