HSB 708 (LSB 6035YC (6) 83)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON MERTZ)

A BILL FOR

An Act providing for management practices relating to livestock technician registration, embryo transfer, and pregnancy testing, providing penalties, and including contingent implementation and effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 159.5, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  16.  Establish a livestock technician registration program in accordance with chapter 169B.
    Sec. 2.  Section 169.3, subsection 1, Code 2009, is amended to read as follows:
   1.  “Accepted livestock management practice” includes but is not limited to:  Dehorning, castration, docking, vaccination, pregnancy testing, providing embryo transfer services, clipping swine needle teeth, ear notching, drawing of blood, relief of bloat, draining of abscesses, branding, and other surgical acts of no greater magnitude; artificial insemination, collecting of semen, implanting of growth hormones, feeding commercial feed defined in section 198.3, or the administration or of prescription of drugs performed by or with the consent of the owner or contract-feeder thereof of livestock, a bona fide employee, or anyone rendering gratuitous assistance with respect to such livestock. Nothing contained herein shall be construed to permit any person except those persons enumerated in this subsection, to provide purportedly gratuitous assistance with regard to the treatment of animals other than advisory assistance, in return for the purchase of goods or services.
    Sec. 3.  Section 169.3, Code 2009, is amended by adding the following new subsections:
   NEW SUBSECTION.  5A.  “Embryo transfer services” means providing any of the following:
   a.  The synchronization or induction of livestock estrus.
   b.  The transfer or transplantation of livestock embryos.
   c.  The collection of livestock embryos.
   NEW SUBSECTION.  7A.  “Livestock” means the same as defined in section 717.1.
   NEW SUBSECTION.  10A.  “Pregnancy testing” means testing livestock for pregnancy including diagnosis, fetal aging or fetal counting by manual or mechanical means, or biochemical testing.
    Sec. 4.  Section 169.4, subsection 11, Code 2009, is amended to read as follows:
   11.  Any person from advising with respect to or performing accepted livestock management practices, including by providing such services for a fee.  A person providing embryo transfer services may only administer prescription drugs to livestock which have been prescribed under the order of a licensed veterinarian or permit holder with whom a valid veterinary client-patient relationship exists.
    Sec. 5.  Section 169.4, subsection 14, Code 2009, is amended to read as follows:
   14.  Any person from collecting or evaluating semen from livestock or poultry, or artificial insemination of livestock and poultry.
    Sec. 6.  Section 169.5, subsection 1, Code Supplement 2009, is amended to read as follows:
   1.  a.  The governor shall appoint, subject to confirmation by the senate pursuant to section 2.32, a board of five individuals, three of whom. Three of the individuals shall be licensed veterinarians and two. Two of whom the individuals shall not be licensed veterinarians and. Of the two individuals who are not licensed, one individual shall represent the general public and one individual shall be the owner of livestock, the owner of an animal feeding operation as defined in section 459.102, or a person who is actively engaged in livestock farming. The board shall be known as the Iowa board of veterinary medicine.
   b.  Each licensed veterinarian board member shall be actively engaged in veterinary medicine and shall have been so engaged for a period of five years immediately preceding appointment, the last two of which shall have been in Iowa.  At least one of the licensed veterinarians shall predominately practice veterinary medicine on livestock. The representatives representative of the general public shall be knowledgeable in the area of animal husbandry. A member of the board shall not be employed by or have any material or financial interest in any wholesale or jobbing house dealing in supplies, equipment, or instruments used or useful in the practice of veterinary medicine.
   c.  Professional associations or societies composed of licensed veterinarians may recommend the names of potential board members to the governor, but the governor is not bound by the recommendations.
    Sec. 7.  NEW SECTION.  169B.1  Definitions.

   As used in this chapter, unless the context otherwise requires:

   1.  “Department” means the department of agriculture and land stewardship.
   2.  “Livestock” means the same as defined in section 717.1.
   3.  “Livestock technical services” means providing any of the following:
   a.  Pregnancy testing as defined in 169.3.
   b.  Embryo transfer services as defined in 169.3.
    Sec. 8.  NEW SECTION.  169B.2  Certificate of registration —— procedures.
   1.  A person shall not provide livestock technical services unless the person has a valid certificate of registration issued or renewed under this section.
   2.  a.  The department shall issue and renew certificates of registration to persons in a manner and according to procedures required by the department. A certificate of registration shall remain valid for a period of two years from the date of issuance or renewal. An application for the issuance or renewal of a certificate of registration shall include all of the following information:
   (1)  The person’s name.
   (2)  The address of the person’s principal place of business.
   (3)  A description of the livestock technical services that the person will provide in this state.
   (4)  Any other information required by the department.
   b.  In order to retain a certificate of registration, a person shall revise registration information as required to keep it current.
   3.  The department shall not accept an application for the issuance or renewal of a certificate of registration unless the application is accompanied by a registration fee as provided in section 169B.3.
   4.  The department shall provide for methods for persons to submit applications, revise registration information, and pay registration fees.
   a.  For the submission of applications and registration information, the department may allow electronic or facsimile transmission, or delivery by the United States postal service or courier.
   b.  For the payment of registration fees, the department may authorize payment by check or electronic funds transfer as defined in section 203.1.
    Sec. 9.  NEW SECTION.  169B.3  Rate of registration fees.

   The department shall by rule establish the rate of fees required to be paid by persons applying for the issuance or renewal of a certificate of registration as provided in section 169B.2. The department shall establish the rate based on the expected expenses incurred by the department to administer this chapter. The fees shall be treated as repayment receipts as defined in section 8.2. If before the end of a state fiscal year as provided in section 3.12, the department has collected fees in excess of the expenses incurred, it shall amend its rules to adjust the rate for the next state fiscal year in order to comply with this section.
    Sec. 10.  NEW SECTION.  169B.4  Civil penalty.
   1.  A person who provides livestock technical services without a valid certificate of registration as provided in section 169B.2 is subject to a civil penalty of not more than one hundred dollars.
   2.  The department may impose, assess, and collect civil penalties provided in this section.
   3.  Civil penalties collected by the department shall be deposited in the general fund of the state.
    Sec. 11.  NEW SECTION.  169B.5  Exception.

   This chapter does not apply to a veterinarian who obtains a license or temporary permit under chapter 169.
    Sec. 12.  LIVESTOCK TECHNICIAN CERTIFICATION STUDY.  Iowa state university of science and technology, college of agriculture and life sciences, in consultation with the department of agriculture and land stewardship, shall conduct a study on and make recommendations for the implementation and financing of a certification program for livestock technicians as provided in this Act. Such certification program shall provide for testing to measure competency for performing livestock technical services. Iowa state university shall submit a report of its findings and recommendations by December 31, 2010, to the legislative services agency for distribution to the standing committees on agriculture in the senate and house of representatives, the joint appropriations subcommittee on agriculture and natural resources, and the joint appropriations subcommittee on education.
    Sec. 13.  IMPLEMENTATION.  The department of agriculture and land stewardship shall not implement chapter 169B, as enacted in this Act, until January 1, 2011. However, in preparation for such implementation, the department may adopt rules as necessary for the administration and enforcement of the chapter prior to that date.
    Sec. 14.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   ACCEPTED LIVESTOCK MANAGEMENT PRACTICES. This bill amends Code chapter 169, providing for veterinary practice. A person is exempt from licensing requirements when providing advice or performing accepted livestock management practices (Code section 169.4). Pregnancy testing is an accepted livestock management practice (Code section 169.3), and the bill defines this to include diagnosis, fetal aging or fetal counting by manual or mechanical means, or biochemical testing. The bill also provides that an accepted livestock management practice includes providing embryo transfer services which includes the synchronization or induction of livestock estrus, the transfer or transplantation of livestock embryos, and the collection of livestock embryos. The bill allows persons to provide assistance to a livestock owner or contract feeder, including for a fee. In addition, a person providing embryo transfer services may administer prescription drugs to livestock under the order of a licensed veterinarian.
   IOWA BOARD OF VETERINARY MEDICINE. The Iowa board of veterinary medicine is composed of five members, three licensed veterinarians and two unlicensed individuals representing the general public and appointed by the governor (Code section 169.5). The board is responsible for overseeing the practice of veterinary medicine in the state. The bill provides that at least one of the licensed members must predominately practice veterinary medicine on livestock and one of the nonlicensed members must own livestock or an animal feeding operation, or be actively engaged in livestock farming. The bill eliminates a provision allowing professional veterinary associations from recommending nominees to the governor.
   LIVESTOCK TECHNICAL SERVICES. The bill, in new Code chapter 169B, prohibits a person from providing livestock technical services unless they have received a certificate of registration issued or renewed by the department of agriculture and land stewardship. Livestock technical services includes providing pregnancy testing or embryo transfer services. The bill provides for registration procedures. A certificate is valid for two years. The department is authorized to establish registration fees necessary to cover its administrative costs. A veterinarian practicing under a license or temporary permit is exempt from these requirements. A person who fails to obtain a certificate is subject to a civil penalty of not more than $100.
   Iowa state university, in consultation with the department of agriculture and land stewardship, is required to conduct a study on and make recommendations for the implementation and financing of a certification program for livestock technicians. The university must submit findings and recommendations to the legislative services agency by the end of 2010. 
   The department is not required to implement new Code chapter 169B until January 1, 2011.
   EFFECTIVE DATE. The bill takes effect upon enactment.