SENATE FILE 288

BY  KIBBIE

A BILL FOR

An Act providing for services related to veterinary care, and providing for penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 169.3, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  7A.  “Livestock pregnancy services” means all of the following:
   a.  Conducting pregnancy testing on livestock using ultrasound equipment.
   b.  Providing embryo transfer services which are limited to conducting any of the following:
   (1)  The nonsurgical collection of livestock embryos or oocytes.
   (2)  The nonsurgical transfer or transplantation of fresh or frozen livestock embryos.
   Sec. 2.  Section 169.4, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  16.
  a.  A person certified by the board to provide livestock pregnancy services pursuant to section 169.4B from performing such services.
   Sec. 3.  NEW SECTION.  169.4B  Livestock pregnancy services —— certification.
   The board may certify persons to provide livestock pregnancy services. The person must perform such services under the direct supervision of a licensed veterinarian.
   1.  The person shall not be certified unless all of the following apply:
   a.  The person is an employee of the supervising licensed veterinarian.
   b.  The person is adequately covered under a liability or malpractice insurance policy issued to the licensed veterinarian.
   c.  The person has successfully completed a technical course of instruction conducted by Iowa state university pursuant to section 266.51.
   2.  A person certified by the board under this subsection is not required to be certified as a veterinary assistant pursuant to section 169.20.
   Sec. 4.  NEW SECTION.  169.19A  Citations.
   The board may issue a citation against a person if the board has reasonable grounds to believe that a person not licensed under this chapter has engaged, or is about to engage, in an act or practice which requires licensure under this chapter, or otherwise violates a provision of this chapter. The board may impose a civil penalty not to exceed one thousand dollars for each violation of this chapter by an unlicensed person. Each day of a continued violation after a citation is issued by the board constitutes a separate offense, with the maximum penalty not to exceed ten thousand dollars.
   1.  In determining the amount of a civil penalty, the board may consider the following:
   a.  Whether the amount imposed will be a substantial economic deterrent to the violation.
   b.  The circumstances leading to or resulting in the violation.
   c.  The severity of the violation and the risk of harm to the public.
   d.  The economic benefits gained by the violator as a result of noncompliance.
   e.  The welfare or best interest of the public.
   2.  The board may conduct an investigation as needed to determine whether probable cause exists to initiate the proceedings described in this subsection. Before issuing a citation under this section, the board shall provide written notice and the opportunity to request a hearing on the record. The hearing must be requested within thirty days of the issuance of the notice and shall be conducted as provided in chapter 17A. The board may, in connection with a proceeding under this section, issue subpoenas to compel the attendance and testimony of witnesses and the disclosure of evidence and may request the attorney general to bring an action to enforce the subpoena.
   3.  A person aggrieved by the imposition of a civil penalty under this section may seek judicial review in accordance with section 17A.19. The board shall notify the attorney general of the failure to pay a civil penalty within thirty days after issuance of a citation pursuant to this subsection, or within ten days following final judgment in favor of the board if a citation has been stayed pending appeal. The attorney general may commence an action to recover the amount of the penalty, including reasonable attorney fees and costs. The moneys collected in civil penalties shall be deposited into the general fund of the state. An action to enforce a citation under this subsection may be joined with an action for an injunction.
   Sec. 5.  NEW SECTION.  266.51  Livestock pregnancy services.
   Iowa state university shall establish and administer a technical course of instruction for participants to be certified in providing livestock pregnancy services pursuant to section 169.4B. A participant must be instructed in conducting both pregnancy testing and embryo transfer services. In order to complete the course, the person must pass an examination. The university shall determine the length of the course and when it is to be offered, in consultation with the Iowa board of veterinary medicine. The university may establish tuition and fees sufficient to cover the costs of conducting the course.
   Sec. 6.  ADOPTION OF ADMINISTRATIVE RULES.  The Iowa board of veterinary medicine shall adopt rules as required to implement section 169.4B, as enacted by this Act. In adopting the rules, the board shall consult with the Iowa veterinary medical association.
EXPLANATION
   GENERAL. This bill relates to veterinary services regulated under Code chapter 169 by the Iowa board of veterinary medicine (board).
   LIVESTOCK PREGNANCY SERVICES. The bill regulates livestock pregnancy services which includes conducting pregnancy testing on livestock using ultrasound equipment, and providing embryo transfer services which are limited to the nonsurgical collection of livestock embryos or oocytes or the nonsurgical transfer or transplantation of fresh or frozen livestock embryos.
   The bill requires the board to provide for the certification of a person to perform livestock pregnancy services according to rules that it adopts in consultation with the Iowa veterinary medical association. The person must perform such services under the direct supervision of a licensed veterinarian. In addition, the person must be an employee of the supervising licensed veterinarian; adequately covered under a liability or malpractice insurance policy; and have successfully completed a course of instruction from Iowa state university. The university must establish and administer a technical course of instruction for participants to be certified. 
   ISSUANCE OF CITATIONS. The bill authorizes the board to issue a citation against a person who practices veterinary medicine without a license, and impose a civil penalty for a violation after conducting an administrative hearing under Code chapter 17A. The bill provides guidelines for the board to consider when determining the amount of the civil penalty.