Senate File 541 S-3163 Amend Senate File 541 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 169.3, subsection 3, Code 2023, is 4 amended to read as follows: 5 3. a. “Animal” means any nonhuman primate, dog, cat, 6 rabbit, rodent, fish, reptile, and livestock as defined in 7 section 717.1, or other vertebrate or nonvertebrate life forms 8 form , living or dead , except domestic poultry . 9 b. “Livestock” includes a group of livestock such as a herd 10 or flock. 11 Sec. 2. Section 169.3, Code 2023, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 3A. a. “Animal massage” means a method 14 of treating the body of an animal for relaxation or hygienic 15 purposes through techniques, with or without the aid of a 16 massage device, that include rubbing, stroking, or kneading the 17 body of the animal. 18 b. “Animal massage” does not include acupuncture, 19 chiropractic care, diagnosis, diagnostic treatment, 20 prescription, or surgery. 21 Sec. 3. Section 169.3, subsection 10, Code 2023, is amended 22 to read as follows: 23 10. a. “Practice of veterinary medicine” means any of the 24 following: 25 a. (1) To diagnose, treat, correct, change, relieve or 26 prevent, for a fee, any animal disease, deformity, defect, 27 injury or other physical or mental conditions or cosmetic 28 surgery; including the prescription or administration of any 29 drug, medicine, biologic, apparatus, application, anesthetic, 30 or other therapeutic or diagnostic substance or technique, for 31 a fee; or to evaluate or correct sterility or infertility, for 32 a fee; or to render, advise or recommend with regard to any of 33 the above for a fee. 34 b. (2) To represent, directly or indirectly, publicly or 35 -1- SF 541.1759 (3) 90 (amending this SF 541 to CONFORM to HF 670) da/ns 1/ 13 #1.
privately, an ability or willingness to do an act described in 1 paragraph “a” subparagraph (1) . 2 c. (3) To use any title, words, abbreviation, or letters in 3 a manner or under circumstances which induce the belief that 4 the person using them is qualified to do any act described in 5 paragraph “a” subparagraph (1) . 6 (4) The performance or use of complementary, alternative, 7 or integrative therapies including veterinary acupuncture, 8 acutherapy, acupressure, manipulative therapy based on 9 techniques practiced in osteopathy and chiropractic medicine, 10 or other similar therapies as specified by rule adopted by the 11 board. 12 b. “Practice of veterinary medicine” does not include 13 providing authorized veterinary medical services to an animal 14 patient by veterinary auxiliary personnel when performing 15 a delegated task under the supervision of a supervising 16 veterinarian as provided in subchapter II. 17 Sec. 4. Section 169.3, subsection 12, Code 2023, is amended 18 by striking the subsection. 19 Sec. 5. Section 169.4, unnumbered paragraph 1, Code 2023, 20 is amended to read as follows: 21 A person may shall not practice veterinary medicine in the 22 state who is not a licensed veterinarian or the holder of a 23 valid temporary permit issued by the board. This chapter shall 24 not be construed to prohibit any of the following : 25 Sec. 6. Section 169.4, subsections 2, 9, and 10, Code 2023, 26 are amended to read as follows: 27 2. A person who is a veterinary student in an accredited 28 or approved college of veterinary medicine from performing 29 duties or actions assigned by instructors an instructor of the 30 college , or working acting under the direct supervision of a 31 licensed supervising veterinarian as provided in subchapter II . 32 The board shall issue to any a veterinary medicine student who 33 attends an accredited veterinary medicine college or school 34 and who has been certified as being competent by an instructor 35 -2- SF 541.1759 (3) 90 (amending this SF 541 to CONFORM to HF 670) da/ns 2/ 13
of such college or school to perform veterinary duties under 1 the direction of an instructor of veterinary medicine or under 2 the direct supervision of a licensed supervising veterinarian, 3 a certificate authorizing the veterinary medicine student to 4 perform such functions. 5 9. Any veterinary assistant employed by a licensed 6 veterinarian from performing duties other than diagnosis, 7 prescription, or surgery auxiliary personnel when performing 8 delegated tasks under the direct supervision of such a 9 supervising veterinarian which assistant has been issued a 10 certificate by the board subject to section 169.20 as provided 11 in subchapter II . 12 10. A graduate of a foreign college of veterinary medicine , 13 who has or is in the process of obtaining an ECFVG certificate 14 for , when performing duties or actions delegated tasks 15 under the direction or supervision of a licensed supervising 16 veterinarian as provided in subchapter II . 17 Sec. 7. Section 169.4, Code 2023, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 16. A person performing animal massage. 20 Sec. 8. Section 169.5, subsection 7, paragraph i, Code 2023, 21 is amended to read as follows: 22 i. Adopt, amend, or repeal rules relating to the 23 qualifications, standards of conduct for , the supervision 24 of tasks delegated to veterinary auxiliary personnel by a 25 licensed veterinarian, and disciplinary action of veterinary 26 auxiliary personnel for whom the board has issued a certificate 27 or permit. The rules may provide for the testing of , and 28 revocation or suspension of certificates issued to veterinary 29 assistants individuals who apply to be issued a certificate of 30 registration as a veterinary technician, apply to be issued 31 a renewal of a certificate of registration, or apply to be 32 reissued a certificate of registration; and the suspension 33 or revocation of a certificate of registration . However, a 34 certificate shall not be suspended or revoked by less than a 35 -3- SF 541.1759 (3) 90 (amending this SF 541 to CONFORM to HF 670) da/ns 3/ 13
two-thirds vote of the entire board in a proceeding conducted 1 in compliance with section 17A.12 . 2 Sec. 9. Section 169.5, subsection 7, Code 2023, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . k. Adopt, amend, or repeal rules requiring 5 a veterinarian to have a valid veterinarian-client-patient 6 relationship, except in the case of an emergency, before 7 practicing veterinary medicine on an animal, including by 8 acting as a supervising veterinarian. 9 Sec. 10. NEW SECTION . 169.31 Subchapter definitions. 10 As used in this subchapter: 11 1. “Accredited or approved veterinary technology program” 12 means a program in veterinary technology that is accredited by 13 the American veterinary medical association and an accrediting 14 agency that has been approved by the United States department 15 of education or its successor. 16 2. “Direct supervision” means supervision by a supervising 17 veterinarian that occurs when the supervising veterinarian is 18 readily available and on the premises where an animal patient 19 is being provided authorized veterinary medical services by 20 veterinary auxiliary personnel. 21 3. “Immediate supervision” means supervision by a 22 supervising veterinarian that occurs when the supervising 23 veterinarian is in the immediate area, and within audible and 24 visual range, of an animal patient and veterinary auxiliary 25 personnel providing the animal patient with authorized 26 veterinary medical services. 27 4. “Indirect supervision” means supervision by a supervising 28 veterinarian, other than direct supervision or immediate 29 supervision, that occurs when all of the following apply: 30 a. The supervising veterinarian has given written protocols 31 or real-time oral instructions to veterinary auxiliary 32 personnel for the treatment of an animal patient for which a 33 veterinarian-client-patient relationship exists. 34 b. The supervising veterinarian is readily available by 35 -4- SF 541.1759 (3) 90 (amending this SF 541 to CONFORM to HF 670) da/ns 4/ 13
telephone or other means of immediate communication with the 1 veterinary auxiliary personnel providing the animal patient 2 with authorized veterinary medical services. 3 5. “Registered veterinary technician” means an individual 4 who has graduated from an accredited or approved veterinary 5 technology program and who has been issued a valid certificate 6 of registration by the board pursuant to section 169.34. 7 6. “Supervising veterinarian” means a licensed veterinarian 8 who assumes responsibility for supervising veterinary auxiliary 9 personnel providing authorized veterinary medical services 10 to an animal patient under immediate supervision, direct 11 supervision, or indirect supervision. 12 7. a. “Veterinary assistant” means an individual employed 13 to work in veterinary practice who performs tasks under the 14 supervision of a supervising veterinarian. 15 b. “Veterinary assistant” does not include a person who is a 16 licensed veterinarian or a registered veterinary technician, 17 veterinary student, veterinary technician student, or graduate 18 from a foreign college of veterinary medicine who is not a 19 licensed veterinarian or the holder of a valid temporary permit 20 issued by the board. 21 8. “Veterinary auxiliary personnel” means a veterinary 22 assistant, registered veterinary technician, veterinary 23 student, veterinary technician student, or graduate of a 24 foreign college of veterinary medicine who is not a licensed 25 veterinarian or the holder of a valid temporary permit issued 26 by the board. 27 9. “Veterinary student” means an individual currently 28 admitted to and in good academic standing with an accredited or 29 approved college of veterinary medicine. 30 10. “Veterinary technician student” means an individual 31 currently admitted to and in good academic standing with an 32 accredited or approved veterinary technology program. 33 Sec. 11. NEW SECTION . 169.32 Supervising veterinarian. 34 1. A licensed veterinarian may provide veterinary medical 35 -5- SF 541.1759 (3) 90 (amending this SF 541 to CONFORM to HF 670) da/ns 5/ 13
services to an animal patient by acting as a supervising 1 veterinarian as provided in this subchapter and rules adopted 2 by the board. 3 2. A supervising veterinarian shall determine the 4 supervision required for tasks delegated to veterinary 5 auxiliary personnel within the limits provided in this 6 subchapter and rules adopted by the board. The decision 7 must be based on factors such as the veterinary auxiliary 8 personnel’s training, experience, and skill. The supervising 9 veterinarian is responsible for providing the required 10 supervision and delegating tasks to veterinary auxiliary 11 personnel. The supervising veterinarian shall not delegate 12 veterinary medical services of diagnosis, prescription, or 13 surgery to any veterinary assistant, veterinary technician 14 student, or registered veterinary technician. 15 3. The board shall adopt rules providing for when a licensed 16 veterinarian must exercise immediate supervision, direct 17 supervision, or indirect supervision for each category of 18 auxiliary veterinary personnel providing authorized veterinary 19 medical services to an animal patient. Nothing in this 20 subchapter or the rules adopted by the board shall prohibit the 21 supervising veterinarian from providing more supervision than 22 required when the veterinary auxiliary personnel’s training, 23 experience, and skill indicate more supervision is necessary. 24 Sec. 12. NEW SECTION . 169.33 Veterinary auxiliary personnel 25 —— employment. 26 1. a. A licensed veterinarian may employ any number of 27 veterinary auxiliary personnel who may be delegated tasks 28 associated with providing authorized veterinary medical 29 services to an animal patient within the limits provided in 30 this subchapter and rules adopted by the board pursuant to this 31 subchapter. 32 b. A person may employ any number of veterinary auxiliary 33 personnel to provide authorized veterinary medical services 34 to animals that are owned or cared for by the person if a 35 -6- SF 541.1759 (3) 90 (amending this SF 541 to CONFORM to HF 670) da/ns 6/ 13
supervising veterinarian who practices at the same place of 1 business as the veterinary auxiliary personnel supervises the 2 veterinary auxiliary personnel within the limits provided in 3 this subchapter and rules adopted by the board pursuant to this 4 subchapter. 5 2. Veterinary auxiliary personnel shall only receive 6 compensation for authorized veterinary medical services from 7 their employer as provided in this section except for those 8 services provided in accordance with section 169.4. 9 Sec. 13. NEW SECTION . 169.34 Registered veterinary 10 technician —— certificate of registration. 11 1. The board shall issue a certificate of registration to an 12 individual if all of the following apply: 13 a. The individual has graduated from an accredited or 14 approved veterinary technology program. 15 b. The individual has received a passing score on a national 16 veterinary technician examination approved by the board. 17 c. The individual has submitted a complete application to 18 the board that is approved by the board. 19 (1) The application must be in a form prescribed by the 20 board. 21 (2) To be complete, the application must include all of the 22 following: 23 (a) Information and material required by the board. 24 (b) A registration fee in an amount established by the 25 board. 26 d. The individual meets other criteria or qualifications 27 as specified by rule adopted by the board, including but not 28 limited to a state veterinary technician examination. 29 e. The board may grant a waiver from any qualification for a 30 certificate of registration to an individual who was in active 31 duty military service or the individual’s spouse in accordance 32 with section 272C.4, or to an individual who was previously 33 a veterinary medical student and who substantially meets the 34 qualifications to receive a certificate of registration. 35 -7- SF 541.1759 (3) 90 (amending this SF 541 to CONFORM to HF 670) da/ns 7/ 13
2. The board may issue an endorsed certificate of 1 registration to an individual if the individual holds a valid 2 registration, certificate, license, or other authorization 3 issued by a jurisdiction recognized by the board, and all of 4 the following apply: 5 a. The individual meets the educational, experience, or 6 testing requirements as specified by the board in rule. 7 b. The individual is not subject to an investigation or 8 disciplinary action which may result or has resulted in the 9 suspension or the revocation of a registration, certificate, 10 license, or other authorization issued by a jurisdiction 11 recognized by the board. 12 c. The individual has submitted a complete application to 13 the board that is approved by the board. 14 (1) The application must be in a form prescribed by the 15 board. 16 (2) To be complete, the application must include all of the 17 following: 18 (a) Information and material required by the board. 19 (b) A registration fee in an amount established by the 20 board. 21 d. The individual meets other criteria, standard, or 22 qualification as specified by rule adopted by the board. 23 e. The board may grant a waiver from any qualification for 24 an endorsed certificate of registration to an individual who 25 was in active duty military service or the individual’s spouse 26 in accordance with section 272C.4, or to an individual who was 27 previously a veterinary medical student who substantially meets 28 the qualifications to receive a certificate of registration. 29 3. a. All certificates of registration shall be issued 30 and expire according to a registration period based on a 31 triennium cycle beginning and ending on dates established by 32 the board. However, a new certificate of registration issued 33 during a registration period shall be for the balance of that 34 registration period. 35 -8- SF 541.1759 (3) 90 (amending this SF 541 to CONFORM to HF 670) da/ns 8/ 13
b. To renew a certificate of registration, a registered 1 veterinary technician must apply to the board for approval. 2 The application must show that the registered veterinary 3 technician has completed all continuing education credit hours 4 during the preceding registration period as required by the 5 board. The board shall determine the number of continuing 6 education credit hours required and the type of continuing 7 hours awarded credit. The certificate of registration expires 8 after the individual has been provided a notice and opportunity 9 for a hearing by the board under chapter 17A. An individual 10 whose certificate of registration has expired is no longer 11 credentialed as provided in section 169.35. 12 c. The board shall reissue a certificate of registration to 13 an individual whose certificate of registration has expired. 14 To be reissued a certificate of registration, the individual 15 must apply to the board for approval. The application 16 must show that the individual has completed the same number 17 of continuing education credit hours required to renew a 18 certificate of registration during the prior three years. 19 d. A certificate of registration for a registered veterinary 20 technician that was issued prior to July 1, 2024, remains valid 21 and does not expire. 22 e. The board shall adopt all rules required to administer 23 and enforce this subsection. 24 4. A registered veterinary technician is subject to 25 investigation and disciplinary action taken by the board to 26 suspend or revoke a certificate or registration pursuant 27 to section 272C.3. However, the board shall utilize the 28 procedures set forth in section 169.14. A certificate of 29 registration shall not be suspended or revoked by less than a 30 two-thirds vote of the entire board in a proceeding conducted 31 in compliance with section 17A.12. 32 Sec. 14. NEW SECTION . 169.35 Registered veterinary 33 technician —— credentials. 34 1. A person shall not use any recognized title, 35 -9- SF 541.1759 (3) 90 (amending this SF 541 to CONFORM to HF 670) da/ns 9/ 13
abbreviation, or sign to indicate that such person is a 1 registered veterinary technician unless that person is an 2 individual who has been issued a certificate of registration 3 pursuant to section 169.34. 4 2. A person who violates subsection 1 commits a simple 5 misdemeanor. 6 Sec. 15. NEW SECTION . 169.36 Registered veterinary 7 technician —— scope of authority. 8 1. A registered veterinary technician shall only perform 9 tasks associated with providing authorized veterinary medical 10 services to an animal patient under the supervision of a 11 supervising veterinarian according to this section and rules 12 adopted by the board under this subchapter. 13 2. A supervising veterinarian shall decide the specific 14 tasks delegated to a registered veterinary technician and 15 provide the required supervision pursuant to section 169.32 and 16 the rules adopted by the board. 17 3. A veterinary technician shall not do any of the 18 following: 19 a. Perform equine floating teeth services. However, a 20 registered veterinary technician may perform such services 21 after submitting to the board all of the following: 22 (1) Proof of current certification from the international 23 association of equine dentistry or other professional equine 24 dentistry association as determined by the board. 25 (2) A written statement signed by a supervising 26 veterinarian experienced in large animal medicine that the 27 applicant will be under the direct supervision or indirect 28 supervision of the supervising veterinarian when treating 29 floating equine teeth. 30 b. Gingival resection. 31 Sec. 16. NEW SECTION . 169.37 Veterinary assistant —— scope 32 of authority. 33 1. A veterinary assistant shall only perform tasks 34 associated with providing authorized veterinary medical 35 -10- SF 541.1759 (3) 90 (amending this SF 541 to CONFORM to HF 670) da/ns 10/ 13
services to an animal patient under the direct supervision of 1 a supervising veterinarian according to rules adopted by the 2 board under this subchapter. 3 2. A supervising veterinarian shall decide the specific 4 tasks delegated to a veterinary assistant and provide the 5 required supervision pursuant to section 169.32 and rules 6 adopted by the board. 7 Sec. 17. NEW SECTION . 169.38 Veterinary technician student 8 —— scope of authority. 9 1. A veterinary technician student shall only perform 10 tasks associated with providing authorized veterinary medical 11 services to an animal patient under the supervision of a 12 supervising veterinarian according to rules adopted by the 13 board under this subchapter. 14 2. A supervising veterinarian shall decide the specific 15 tasks delegated to a veterinary technician student and provide 16 the required supervision pursuant to section 169.32 and rules 17 adopted by the board. 18 Sec. 18. NEW SECTION . 169.39 Veterinary student —— scope 19 of authority. 20 1. A veterinary student shall only perform tasks associated 21 with providing authorized veterinary medical services to 22 an animal patient under the supervision determined by the 23 supervising veterinarian. 24 2. A supervising veterinarian shall decide the specific 25 tasks delegated to a veterinary student and provide the 26 required supervision pursuant to section 169.32 and the rules 27 adopted by the board. 28 Sec. 19. NEW SECTION . 169.40 Graduate from foreign college 29 of veterinary medicine —— scope of authority. 30 1. A graduate from a foreign college of veterinary medicine 31 shall only perform tasks associated with providing authorized 32 veterinary medical services to an animal patient under the 33 supervision determined by the supervising veterinarian. 34 2. A supervising veterinarian shall decide the specific 35 -11- SF 541.1759 (3) 90 (amending this SF 541 to CONFORM to HF 670) da/ns 11/ 13
tasks delegated to a graduate from a foreign college of 1 veterinary medicine who is not a licensed veterinarian or 2 temporary permit holder and provide the required supervision 3 pursuant to section 169.32 and the rules adopted by the board. 4 Sec. 20. Section 714.8, Code 2023, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 22. Practicing veterinary medicine without 7 a valid license or temporary permit issued by the board of 8 veterinary medicine pursuant to chapter 169, as described in 9 section 169.19. 10 Sec. 21. REPEAL. Section 169.20, Code 2023, is repealed. 11 Sec. 22. CODE EDITOR DIRECTIVES. The Code editor shall do 12 all of the following: 13 1. Create a new subchapter in chapter 169 that includes 14 sections 169.1 through 169.30. 15 2. Create a new subchapter in chapter 169 that includes 16 sections 169.31 through 169.40, as enacted in this Act. 17 3. Correct internal references in the Code and in any 18 enacted legislation as necessary due to the enactment of this 19 Act. 20 Sec. 23. ADMINISTRATIVE RULES. The board of veterinary 21 medicine shall submit a notice of intended action to the 22 administrative rules coordinator and the Iowa administrative 23 code editor pursuant to section 17A.4, subsection 1, paragraph 24 “a”, not later than January 1, 2024, for the adoption of rules 25 required to implement this Act. 26 Sec. 24. EFFECTIVE DATE. 27 1. Except as provided in subsection 2, this Act takes effect 28 July 1, 2024. 29 2. The section of this Act requiring the board of veterinary 30 medicine to submit a notice of intended action for the adoption 31 of rules, being deemed of immediate importance, takes effect 32 upon enactment. > 33 2. Title page, by striking lines 1 through 4 and inserting 34 < An Act providing for veterinary medicine, including the care 35 -12- SF 541.1759 (3) 90 (amending this SF 541 to CONFORM to HF 670) da/ns 12/ 13
of animals under the supervision of a licensed veterinarian, 1 providing penalties, and including effective date provisions. > 2 ______________________________ DAN ZUMBACH -13- SF 541.1759 (3) 90 (amending this SF 541 to CONFORM to HF 670) da/ns 13/ 13