S.F. 288 Section 1. Section 169.3, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 7A. “Livestock pregnancy services” means 3 all of the following: 4 a. Conducting pregnancy testing on livestock using 5 ultrasound equipment. 6 b. Providing embryo transfer services which are limited to 7 conducting any of the following: 8 (1) The nonsurgical collection of livestock embryos or 9 oocytes. 10 (2) The nonsurgical transfer or transplantation of fresh or 11 frozen livestock embryos. 12 Sec. 2. Section 169.4, Code 2011, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 16. a. A person certified by the board to 15 provide livestock pregnancy services pursuant to section 169.4B 16 from performing such services. 17 Sec. 3. NEW SECTION . 169.4B Livestock pregnancy services 18 —— certification. 19 The board may certify persons to provide livestock pregnancy 20 services. The person must perform such services under the 21 direct supervision of a licensed veterinarian. 22 1. The person shall not be certified unless all of the 23 following apply: 24 a. The person is an employee of the supervising licensed 25 veterinarian. 26 b. The person is adequately covered under a liability 27 or malpractice insurance policy issued to the licensed 28 veterinarian. 29 c. The person has successfully completed a technical course 30 of instruction conducted by Iowa state university pursuant to 31 section 266.51. 32 2. A person certified by the board under this subsection is 33 not required to be certified as a veterinary assistant pursuant 34 to section 169.20. 35 -1- LSB 2419SS (4) 84 da/nh 1/ 4

S.F. 288 Sec. 4. NEW SECTION . 169.19A Citations. 1 The board may issue a citation against a person if the board 2 has reasonable grounds to believe that a person not licensed 3 under this chapter has engaged, or is about to engage, in an 4 act or practice which requires licensure under this chapter, or 5 otherwise violates a provision of this chapter. The board may 6 impose a civil penalty not to exceed one thousand dollars for 7 each violation of this chapter by an unlicensed person. Each 8 day of a continued violation after a citation is issued by the 9 board constitutes a separate offense, with the maximum penalty 10 not to exceed ten thousand dollars. 11 1. In determining the amount of a civil penalty, the board 12 may consider the following: 13 a. Whether the amount imposed will be a substantial economic 14 deterrent to the violation. 15 b. The circumstances leading to or resulting in the 16 violation. 17 c. The severity of the violation and the risk of harm to the 18 public. 19 d. The economic benefits gained by the violator as a result 20 of noncompliance. 21 e. The welfare or best interest of the public. 22 2. The board may conduct an investigation as needed to 23 determine whether probable cause exists to initiate the 24 proceedings described in this subsection. Before issuing a 25 citation under this section, the board shall provide written 26 notice and the opportunity to request a hearing on the record. 27 The hearing must be requested within thirty days of the 28 issuance of the notice and shall be conducted as provided in 29 chapter 17A. The board may, in connection with a proceeding 30 under this section, issue subpoenas to compel the attendance 31 and testimony of witnesses and the disclosure of evidence and 32 may request the attorney general to bring an action to enforce 33 the subpoena. 34 3. A person aggrieved by the imposition of a civil penalty 35 -2- LSB 2419SS (4) 84 da/nh 2/ 4

S.F. 288 under this section may seek judicial review in accordance with 1 section 17A.19. The board shall notify the attorney general 2 of the failure to pay a civil penalty within thirty days 3 after issuance of a citation pursuant to this subsection, or 4 within ten days following final judgment in favor of the board 5 if a citation has been stayed pending appeal. The attorney 6 general may commence an action to recover the amount of the 7 penalty, including reasonable attorney fees and costs. The 8 moneys collected in civil penalties shall be deposited into the 9 general fund of the state. An action to enforce a citation 10 under this subsection may be joined with an action for an 11 injunction. 12 Sec. 5. NEW SECTION . 266.51 Livestock pregnancy services. 13 Iowa state university shall establish and administer 14 a technical course of instruction for participants to be 15 certified in providing livestock pregnancy services pursuant to 16 section 169.4B. A participant must be instructed in conducting 17 both pregnancy testing and embryo transfer services. In order 18 to complete the course, the person must pass an examination. 19 The university shall determine the length of the course and 20 when it is to be offered, in consultation with the Iowa board 21 of veterinary medicine. The university may establish tuition 22 and fees sufficient to cover the costs of conducting the 23 course. 24 Sec. 6. ADOPTION OF ADMINISTRATIVE RULES. The Iowa board of 25 veterinary medicine shall adopt rules as required to implement 26 section 169.4B, as enacted by this Act. In adopting the rules, 27 the board shall consult with the Iowa veterinary medical 28 association. 29 EXPLANATION 30 GENERAL. This bill relates to veterinary services regulated 31 under Code chapter 169 by the Iowa board of veterinary medicine 32 (board). 33 LIVESTOCK PREGNANCY SERVICES. The bill regulates livestock 34 pregnancy services which includes conducting pregnancy 35 -3- LSB 2419SS (4) 84 da/nh 3/ 4

S.F. 288 testing on livestock using ultrasound equipment, and providing 1 embryo transfer services which are limited to the nonsurgical 2 collection of livestock embryos or oocytes or the nonsurgical 3 transfer or transplantation of fresh or frozen livestock 4 embryos. 5 The bill requires the board to provide for the certification 6 of a person to perform livestock pregnancy services according 7 to rules that it adopts in consultation with the Iowa 8 veterinary medical association. The person must perform 9 such services under the direct supervision of a licensed 10 veterinarian. In addition, the person must be an employee 11 of the supervising licensed veterinarian; adequately covered 12 under a liability or malpractice insurance policy; and have 13 successfully completed a course of instruction from Iowa state 14 university. The university must establish and administer 15 a technical course of instruction for participants to be 16 certified. 17 ISSUANCE OF CITATIONS. The bill authorizes the board to 18 issue a citation against a person who practices veterinary 19 medicine without a license, and impose a civil penalty for a 20 violation after conducting an administrative hearing under Code 21 chapter 17A. The bill provides guidelines for the board to 22 consider when determining the amount of the civil penalty. 23 -4- LSB 2419SS (4) 84 da/nh 4/ 4