H.F. _____ Section 1. Section 159.5, Code Supplement 2009, is amended 1 by adding the following new subsection: 2 NEW SUBSECTION . 16. Establish a livestock technician 3 registration program in accordance with chapter 169B. 4 Sec. 2. Section 169.3, subsection 1, Code 2009, is amended 5 to read as follows: 6 1. “Accepted livestock management practice” includes but is 7 not limited to: Dehorning, castration, docking, vaccination, 8 pregnancy testing, providing embryo transfer services, clipping 9 swine needle teeth, ear notching, drawing of blood, relief of 10 bloat, draining of abscesses, branding, and other surgical 11 acts of no greater magnitude; artificial insemination, 12 collecting of semen, implanting of growth hormones, feeding 13 commercial feed defined in section 198.3, or the administration 14 or of prescription of drugs performed by or with the consent 15 of the owner or contract-feeder thereof of livestock, a bona 16 fide employee, or anyone rendering gratuitous assistance with 17 respect to such livestock. Nothing contained herein shall be 18 construed to permit any person except those persons enumerated 19 in this subsection , to provide purportedly gratuitous 20 assistance with regard to the treatment of animals other than 21 advisory assistance, in return for the purchase of goods or 22 services. 23 Sec. 3. Section 169.3, Code 2009, is amended by adding the 24 following new subsections: 25 NEW SUBSECTION . 5A. “Embryo transfer services” means 26 providing any of the following: 27 a. The synchronization or induction of livestock estrus. 28 b. The transfer or transplantation of livestock embryos. 29 c. The collection of livestock embryos. 30 NEW SUBSECTION . 7A. “Livestock” means the same as defined 31 in section 717.1. 32 NEW SUBSECTION . 10A. “Pregnancy testing” means testing 33 livestock for pregnancy including diagnosis, fetal aging or 34 fetal counting by manual or mechanical means, or biochemical 35 -1- LSB 6035YC (6) 83 da/nh 1/ 7

H.F. _____ testing. 1 Sec. 4. Section 169.4, subsection 11, Code 2009, is amended 2 to read as follows: 3 11. Any person from advising with respect to or performing 4 accepted livestock management practices , including by providing 5 such services for a fee . A person providing embryo transfer 6 services may only administer prescription drugs to livestock 7 which have been prescribed under the order of a licensed 8 veterinarian or permit holder with whom a valid veterinary 9 client-patient relationship exists. 10 Sec. 5. Section 169.4, subsection 14, Code 2009, is amended 11 to read as follows: 12 14. Any person from collecting or evaluating semen from 13 livestock or poultry, or artificial insemination of livestock 14 and poultry . 15 Sec. 6. Section 169.5, subsection 1, Code Supplement 2009, 16 is amended to read as follows: 17 1. a. The governor shall appoint, subject to confirmation 18 by the senate pursuant to section 2.32, a board of five 19 individuals , three of whom . Three of the individuals shall 20 be licensed veterinarians and two . Two of whom the 21 individuals shall not be licensed veterinarians and . Of the 22 two individuals who are not licensed, one individual shall 23 represent the general public and one individual shall be the 24 owner of livestock, the owner of an animal feeding operation as 25 defined in section 459.102, or a person who is actively engaged 26 in livestock farming . The board shall be known as the Iowa 27 board of veterinary medicine. 28 b. Each licensed veterinarian board member shall be 29 actively engaged in veterinary medicine and shall have 30 been so engaged for a period of five years immediately 31 preceding appointment, the last two of which shall have been 32 in Iowa. At least one of the licensed veterinarians shall 33 predominately practice veterinary medicine on livestock. The 34 representatives representative of the general public shall be 35 -2- LSB 6035YC (6) 83 da/nh 2/ 7

H.F. _____ knowledgeable in the area of animal husbandry. A member of 1 the board shall not be employed by or have any material or 2 financial interest in any wholesale or jobbing house dealing 3 in supplies, equipment, or instruments used or useful in the 4 practice of veterinary medicine. 5 c. Professional associations or societies composed of 6 licensed veterinarians may recommend the names of potential 7 board members to the governor, but the governor is not bound 8 by the recommendations. 9 Sec. 7. NEW SECTION . 169B.1 Definitions. 10 As used in this chapter, unless the context otherwise 11 requires: 12 1. “Department” means the department of agriculture and land 13 stewardship. 14 2. “Livestock” means the same as defined in section 717.1. 15 3. “Livestock technical services” means providing any of the 16 following: 17 a. Pregnancy testing as defined in 169.3. 18 b. Embryo transfer services as defined in 169.3. 19 Sec. 8. NEW SECTION . 169B.2 Certificate of registration —— 20 procedures. 21 1. A person shall not provide livestock technical services 22 unless the person has a valid certificate of registration 23 issued or renewed under this section. 24 2. a. The department shall issue and renew certificates of 25 registration to persons in a manner and according to procedures 26 required by the department. A certificate of registration 27 shall remain valid for a period of two years from the date 28 of issuance or renewal. An application for the issuance or 29 renewal of a certificate of registration shall include all of 30 the following information: 31 (1) The person’s name. 32 (2) The address of the person’s principal place of business. 33 (3) A description of the livestock technical services that 34 the person will provide in this state. 35 -3- LSB 6035YC (6) 83 da/nh 3/ 7

H.F. _____ (4) Any other information required by the department. 1 b. In order to retain a certificate of registration, a 2 person shall revise registration information as required to 3 keep it current. 4 3. The department shall not accept an application for the 5 issuance or renewal of a certificate of registration unless the 6 application is accompanied by a registration fee as provided 7 in section 169B.3. 8 4. The department shall provide for methods for persons to 9 submit applications, revise registration information, and pay 10 registration fees. 11 a. For the submission of applications and registration 12 information, the department may allow electronic or facsimile 13 transmission, or delivery by the United States postal service 14 or courier. 15 b. For the payment of registration fees, the department 16 may authorize payment by check or electronic funds transfer as 17 defined in section 203.1. 18 Sec. 9. NEW SECTION . 169B.3 Rate of registration fees. 19 The department shall by rule establish the rate of fees 20 required to be paid by persons applying for the issuance or 21 renewal of a certificate of registration as provided in section 22 169B.2. The department shall establish the rate based on the 23 expected expenses incurred by the department to administer this 24 chapter. The fees shall be treated as repayment receipts as 25 defined in section 8.2. If before the end of a state fiscal 26 year as provided in section 3.12, the department has collected 27 fees in excess of the expenses incurred, it shall amend its 28 rules to adjust the rate for the next state fiscal year in 29 order to comply with this section. 30 Sec. 10. NEW SECTION . 169B.4 Civil penalty. 31 1. A person who provides livestock technical services 32 without a valid certificate of registration as provided in 33 section 169B.2 is subject to a civil penalty of not more than 34 one hundred dollars. 35 -4- LSB 6035YC (6) 83 da/nh 4/ 7

H.F. _____ 2. The department may impose, assess, and collect civil 1 penalties provided in this section. 2 3. Civil penalties collected by the department shall be 3 deposited in the general fund of the state. 4 Sec. 11. NEW SECTION . 169B.5 Exception. 5 This chapter does not apply to a veterinarian who obtains a 6 license or temporary permit under chapter 169. 7 Sec. 12. LIVESTOCK TECHNICIAN CERTIFICATION STUDY. Iowa 8 state university of science and technology, college of 9 agriculture and life sciences, in consultation with the 10 department of agriculture and land stewardship, shall conduct 11 a study on and make recommendations for the implementation 12 and financing of a certification program for livestock 13 technicians as provided in this Act. Such certification 14 program shall provide for testing to measure competency for 15 performing livestock technical services. Iowa state university 16 shall submit a report of its findings and recommendations by 17 December 31, 2010, to the legislative services agency for 18 distribution to the standing committees on agriculture in the 19 senate and house of representatives, the joint appropriations 20 subcommittee on agriculture and natural resources, and the 21 joint appropriations subcommittee on education. 22 Sec. 13. IMPLEMENTATION. The department of agriculture and 23 land stewardship shall not implement chapter 169B, as enacted 24 in this Act, until January 1, 2011. However, in preparation 25 for such implementation, the department may adopt rules as 26 necessary for the administration and enforcement of the chapter 27 prior to that date. 28 Sec. 14. EFFECTIVE UPON ENACTMENT. This Act, being deemed 29 of immediate importance, takes effect upon enactment. 30 EXPLANATION 31 ACCEPTED LIVESTOCK MANAGEMENT PRACTICES. This bill amends 32 Code chapter 169, providing for veterinary practice. A person 33 is exempt from licensing requirements when providing advice 34 or performing accepted livestock management practices (Code 35 -5- LSB 6035YC (6) 83 da/nh 5/ 7

H.F. _____ section 169.4). Pregnancy testing is an accepted livestock 1 management practice (Code section 169.3), and the bill defines 2 this to include diagnosis, fetal aging or fetal counting by 3 manual or mechanical means, or biochemical testing. The bill 4 also provides that an accepted livestock management practice 5 includes providing embryo transfer services which includes the 6 synchronization or induction of livestock estrus, the transfer 7 or transplantation of livestock embryos, and the collection 8 of livestock embryos. The bill allows persons to provide 9 assistance to a livestock owner or contract feeder, including 10 for a fee. In addition, a person providing embryo transfer 11 services may administer prescription drugs to livestock under 12 the order of a licensed veterinarian. 13 IOWA BOARD OF VETERINARY MEDICINE. The Iowa board of 14 veterinary medicine is composed of five members, three licensed 15 veterinarians and two unlicensed individuals representing the 16 general public and appointed by the governor (Code section 17 169.5). The board is responsible for overseeing the practice 18 of veterinary medicine in the state. The bill provides that at 19 least one of the licensed members must predominately practice 20 veterinary medicine on livestock and one of the nonlicensed 21 members must own livestock or an animal feeding operation, or 22 be actively engaged in livestock farming. The bill eliminates 23 a provision allowing professional veterinary associations from 24 recommending nominees to the governor. 25 LIVESTOCK TECHNICAL SERVICES. The bill, in new Code 26 chapter 169B, prohibits a person from providing livestock 27 technical services unless they have received a certificate of 28 registration issued or renewed by the department of agriculture 29 and land stewardship. Livestock technical services includes 30 providing pregnancy testing or embryo transfer services. The 31 bill provides for registration procedures. A certificate is 32 valid for two years. The department is authorized to establish 33 registration fees necessary to cover its administrative costs. 34 A veterinarian practicing under a license or temporary permit 35 -6- LSB 6035YC (6) 83 da/nh 6/ 7

H.F. _____ is exempt from these requirements. A person who fails to 1 obtain a certificate is subject to a civil penalty of not more 2 than $100. 3 Iowa state university, in consultation with the department 4 of agriculture and land stewardship, is required to conduct a 5 study on and make recommendations for the implementation and 6 financing of a certification program for livestock technicians. 7 The university must submit findings and recommendations to the 8 legislative services agency by the end of 2010. 9 The department is not required to implement new Code chapter 10 169B until January 1, 2011. 11 EFFECTIVE DATE. The bill takes effect upon enactment. 12 -7- LSB 6035YC (6) 83 da/nh 7/ 7