SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP/BOARD OF VETERINARY MEDICINE BILL)

A BILL FOR

An Act providing for persons associated with licensed veterinarians, and providing for fees.
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 subsections:
   NEW SUBSECTION.  4A.  “Certified veterinary assistant” means a person who meets all of the following requirements:
   a.  Has successfully completed a veterinary assistant program approved by the board or has received on-the-job training under the direction of a licensed veterinarian as prescribed by the board.
   b.  Has successfully passed one or more examinations as prescribed by the board.
   c.  Performs duties associated with the practice of veterinary medicine as provided in section 169.20 and prescribed by rule by the board.
   NEW SUBSECTION.  4B.  “Certified veterinary technician” means a person who meets all of the following requirements:
   a.  Is a graduate of an accredited program of veterinary technology approved by the board or is currently registered in this state as a veterinary technician.
   b.  Has successfully passed one or more examinations as prescribed by the board.
   c.  Performs duties associated with the practice of veterinary medicine as provided in section 169.20 and prescribed by rule by the board.
   NEW SUBSECTION.  7A.  “Noncredentialed veterinary assistant” means a person employed by a licensed veterinarian who is not a certified veterinary technician or certified veterinary assistant, and who performs duties associated with the practice of veterinary medicine as provided in section 169.20 and prescribed by rule by the board.
    Sec. 2.  Section 169.3, subsection 12, Code 2011, is amended by striking the subsection.
    Sec. 3.  Section 169.4, subsection 9, Code 2011, is amended by striking the subsection and inserting in lieu thereof the following:
   9.  Any certified veterinary technician, certified veterinary assistant, or noncredentialed veterinary assistant employed by a licensed veterinarian from performing duties as provided in section 169.20 and prescribed by rule by the board.
    Sec. 4.  Section 169.5, subsection 7, paragraph i, Code 2011, is amended by striking the paragraph and inserting in lieu thereof the following:
   i.  Adopt, amend, or repeal rules relating to certified veterinary technicians, certified veterinary assistants, and noncredentialed veterinary assistants, as provided in section 169.20. However, a veterinary technician certificate or veterinary assistant certificate shall not be suspended or revoked by less than a two-thirds vote of the entire board in a proceeding conducted in compliance with section 17A.12.
    Sec. 5.  Section 169.20, Code 2011, is amended by striking the section and inserting in lieu thereof the following:
   169.20  Certified veterinary technicians, certified veterinary assistants, and noncredentialed veterinary assistants.
   1.  A licensed veterinarian may employ one or more certified veterinary technicians, certified veterinary assistants, or noncredentialed veterinary assistants to perform duties associated with the practice of veterinary medicine as provided in this section and prescribed by rules adopted by the board. The rules shall provide, at a minimum, for all of the following:
   a.  The qualifications and standards of conduct of a certified veterinary technician, certified veterinary assistant, or noncredentialed veterinary assistant.
   b.  The type or scope of duties that may be performed by a certified veterinary technician, certified veterinary assistant, or noncredentialed veterinary assistant.
   c.  The level of supervision required to be performed by a licensed veterinarian when employing a certified veterinary technician, certified veterinary assistant, or a noncredentialed veterinary assistant.
   2.  The board shall provide for the issuance of a certificate to a certified veterinary technician or certified veterinary assistant based on education, experience, training, or other criteria established by rules adopted by the board.
   3.  The board shall regulate certified veterinary technicians, certified veterinary assistants, and noncredentialed veterinary assistants as provided by rules adopted by the board, including but not limited to any of the following:
   a.  Investigations.
   b.  Disciplinary action, including the suspension or revocation of a certificate issued by the board. Any disciplinary action shall be taken in the same manner as provided in section 169.14. The board shall suspend or revoke a certificate issued by the board under this section in compliance with section 17A.12.
EXPLANATION
   BACKGROUND —— VETERINARY ASSISTANTS. This bill amends provisions relating to the employment of a veterinary assistant by a licensed veterinarian (Code section 169.20). Currently, a veterinary assistant certified by the board may perform services associated with the practice of veterinary medicine other than diagnosis, prescription, or surgery, if acting under the direct supervision of such veterinarian and in compliance with rules adopted by the board of veterinary medicine (board).
   BILL —— AUTHORIZED PERSONS DESIGNATED. The bill renames the term “veterinary assistant” as “certified veterinary assistant” and establishes what other classes of persons may be employed by a licensed veterinarian: a certified veterinary technician and a noncredentialed veterinary assistant. Under the bill, a certified veterinary technician must have graduated from an accredited program of technology as approved by the board and have passed one or more examinations prescribed by the board. A certified veterinary assistant must have completed a program approved by the board or have on-the-job experience and pass an examination prescribed by the board. The bill also provides for a noncredentialed veterinary assistant who is someone other than a certified veterinary assistant or certified veterinary technician. The bill authorizes each class of person to perform duties associated with the practice of veterinary medicine, but allows the board to distinguish further their respective scopes of authority. The board may provide for certification fees in the same manner as is currently provided for veterinary assistants (Code section 169.5(9)).
   BILL —— AUTHORIZED PERSONS REGULATED. The bill authorizes the board to regulate certified veterinary assistants, certified veterinary technicians, and noncredentialed veterinary assistants, including by conducting investigations and instituting disciplinary action, including the suspension or revocation of a certificate in the same manner as currently applies to veterinary assistants (Code section 169.5(7)(i)).