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Senate Study Bill 47

Bill Text

PAG LIN
  1  1    Section 1.  Section 169.4A, Code 1997, is amended by
  1  2 striking the section and inserting in lieu thereof the
  1  3 following:
  1  4    169.4A  PROVISION OF VETERINARY SERVICES.
  1  5    1.  A person, including a corporation, limited liability
  1  6 company, or partnership, established on or after July 1, 1994,
  1  7 other than either a professional corporation organized under
  1  8 chapter 496C, a professional limited liability company
  1  9 organized under chapter 490A, or a veterinarian licensed under
  1 10 this chapter, shall not provide veterinary medical services;
  1 11 own, purchase, establish, or otherwise acquire a veterinary
  1 12 clinic; or practice in this state, except as otherwise
  1 13 provided in this chapter.
  1 14    2.  A person who provides veterinary medical services, owns
  1 15 a veterinary clinic, or practices in this state, other than a
  1 16 professional corporation organized under chapter 496C, a
  1 17 professional limited liability company organized under chapter
  1 18 490A, or a veterinarian licensed under this chapter, shall not
  1 19 influence or control, or attempt to influence or control, the
  1 20 professional judgment, skill, or responsibility of a licensed
  1 21 veterinarian.
  1 22    3.  A person who provides veterinary medical services, owns
  1 23 a veterinary clinic, or practices in this state, other than a
  1 24 professional corporation organized under chapter 496C, a
  1 25 professional limited liability company organized under chapter
  1 26 490A, or a veterinarian licensed under this chapter, shall
  1 27 maintain records of all animals and their owners for whom care
  1 28 is provided for a period of five years after the date of last
  1 29 services provided.  The records shall provide the identity of
  1 30 the veterinarian or other individual providing care to that
  1 31 animal, and other relevant information regarding the care of
  1 32 the animal, including but not limited to, identity of the
  1 33 animal, owner of the animal, diagnosis, and treatment.
  1 34    4.  This section shall not prohibit a person from owning an
  1 35 interest in real property or a building where a clinic is
  2  1 located, if veterinary medical services or a practice is
  2  2 conducted by the clinic by a professional corporation, a
  2  3 professional limited liability company, or a veterinarian
  2  4 licensed under this chapter, provided that person does not
  2  5 influence or control, or attempt to influence or control, the
  2  6 professional judgment, skill, or responsibility of a licensed
  2  7 veterinarian.
  2  8    5.  A violation of this section is a serious misdemeanor.
  2  9    Sec. 2.  Section 169.5, subsection 9, Code 1997, is amended
  2 10 by adding the following new paragraph:
  2 11    NEW PARAGRAPH.  k.  Refer matters regarding the violation
  2 12 of section 169.4A or 169.19 to the county attorney for
  2 13 prosecution pursuant to section 331.756, subsection 31, or to
  2 14 the attorney general for prosecution under section 169.19,
  2 15 subsection 3A.
  2 16    Sec. 3.  Section 169.19, Code 1997, is amended by adding
  2 17 the following new subsection:
  2 18    NEW SUBSECTION.  3A.  Upon request of the board, the
  2 19 attorney general shall institute in the name of the state the
  2 20 proper proceedings against any person in violation of section
  2 21 169.4A.
  2 22    Sec. 4.  Section 331.756, subsection 31, Code 1997, is
  2 23 amended to read as follows:
  2 24    31.  Prosecute violations of the Iowa veterinary practice
  2 25 Act as provided in section sections 169.4A and 169.19.  
  2 26                           EXPLANATION
  2 27    This bill relates to the practice of veterinary medicine.
  2 28 The bill adds professional limited liability companies to the
  2 29 list of permissible business entities which veterinarians may
  2 30 form, as authorized in Code chapter 490, subchapter XV.  The
  2 31 bill adds language to Code section 169.4A providing that
  2 32 nonveterinarians, who were not providing veterinary services
  2 33 by July 1, 1994, may not open new veterinary clinics and that
  2 34 nonveterinarians who were in the past authorized to provide
  2 35 veterinary medical services may not make decisions for, or
  3  1 influence the decisions of, a veterinarian.  The bill provides
  3  2 that records regarding veterinary care and the identity of a
  3  3 veterinarian or other individual providing care to an animal
  3  4 shall be maintained for a period of five years after the date
  3  5 of the last service provided.  The bill adds language to Code
  3  6 section 169.4A regarding owning an interest in real property
  3  7 or a building where a veterinary clinic is operated, providing
  3  8 that this is not prohibited if the owner does not influence or
  3  9 control, or attempt to influence or control, the professional
  3 10 judgment, skill, or responsibility of a veterinarian.  The
  3 11 bill provides that in cases involving violations of Code
  3 12 sections 169.4A or 169.19 the case shall be referred to the
  3 13 county attorney or attorney general for prosecution.  The bill
  3 14 provides that a violation of Code section 169.4A is a serious
  3 15 misdemeanor.  
  3 16 LSB 1483XC 77
  3 17 rn/jw/5
     

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