House File 2429 - Introduced HOUSE FILE 2429 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO HSB 708) A BILL FOR An Act providing for the conduct of licensed veterinarians when 1 involved in certain legal matters involving the alleged 2 mistreatment of animals, including by providing for immunity 3 from administrative, civil, or criminal liability when 4 acting in good faith; providing for administrative, civil, 5 or criminal liability when not acting in good faith; and 6 making penalties applicable. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 5956HV (1) 89 da/jh

H.F. 2429 Section 1. Section 169.3, Code 2022, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 9A. “Peace officer” means the same as 3 defined in section 801.4. 4 Sec. 2. Section 169.13, Code 2022, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 1A. A licensed veterinarian immune 7 from administrative, civil, or criminal liability under 8 section 169.18A is not subject to disciplinary action under 9 this chapter. Any information disclosed by a licensed 10 veterinarian acting under section 169.18A is not subject to a 11 confidentiality requirement that would otherwise be applicable 12 to the licensed veterinarian under this chapter. 13 Sec. 3. NEW SECTION . 169.18A Immunity —— limitations —— 14 administrative, civil, and criminal liability. 15 1. A licensed veterinarian, when acting in good faith and 16 in conformance within the minimal standard of acceptable and 17 prevailing practice of veterinary medicine as defined in rules 18 adopted by the board, is immune from administrative, civil, 19 or criminal liability which might otherwise be incurred or 20 imposed as a result of the licensed veterinarian doing any of 21 the following: 22 a. Cooperating with a peace officer in a matter relating 23 to the alleged conduct of a licensed veterinarian’s client 24 that, if true, would constitute an offense punishable as a 25 misdemeanor or felony under chapter 717B, 717C, or 717D. The 26 licensed veterinarian may provide such cooperation in any 27 manner that assists the peace officer, including but not 28 limited to making a report to a peace officer or providing the 29 peace officer with information regarding the alleged conduct. 30 b. Cooperating with a local authority or law enforcement 31 officer, as each is defined in section 717B.1, to rescue a 32 threatened animal as provided in section 717B.5. 33 c. Participating in a dispositional proceeding or complying 34 with a court order arising from the dispositional proceeding 35 -1- LSB 5956HV (1) 89 da/jh 1/ 4

H.F. 2429 as provided in section 717B.4. 1 d. Providing competent and truthful evidence in an 2 administrative, civil, or criminal case relating to another 3 person’s conduct that, if true, would constitute an offense 4 punishable as a misdemeanor or felony under chapter 717B, 717C, 5 or 717D. The licensed veterinarian may provide answers in a 6 deposition or interrogatory, testimony, records as defined in 7 section 554D.103, or other physical evidence. 8 2. A licensed veterinarian who knowingly makes a false 9 report to a peace officer or knowingly provides the peace 10 officer with false information regarding a client’s alleged 11 conduct as provided in subsection 1, paragraph “a” , is not 12 acting in good faith, is subject to disciplinary action by the 13 board, is civilly liable for damages proximately caused by 14 making such report or providing such information to a peace 15 officer, and is guilty of a simple misdemeanor. 16 Sec. 4. Section 670.4, subsection 1, Code 2022, is amended 17 by adding the following new paragraph: 18 NEW PARAGRAPH . 0n. A claim based on an act by a licensed 19 veterinarian when assisting a municipality in rescuing a 20 threatened animal as provided in section 717B.5, if the 21 licensed veterinarian is immune from administrative, criminal, 22 or civil liability as provided in section 169.18A, subsection 23 1. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 IMMUNITY FROM LIABILITY —— LIMITATIONS —— ADMINISTRATIVE, 28 CIVIL, AND CRIMINAL LIABILITY. This bill amends provisions 29 in Code chapter 169, the Iowa veterinary practice Act, by 30 providing that a licensed veterinarian who acts in good faith 31 is immune from administrative, civil, or criminal liability 32 for actions involving cases of alleged animal misconduct 33 under several Code chapters. Code chapter 717B prohibits 34 various forms of animal mistreatment, including abuse, 35 -2- LSB 5956HV (1) 89 da/jh 2/ 4

H.F. 2429 neglect, torture, and injuring or interfering with a police 1 service dog; Code chapter 717C prohibits bestiality; and Code 2 chapter 717D prohibits animal contest events. The licensed 3 veterinarian is shielded from civil or criminal liability for 4 cooperating in a criminal investigation including by making a 5 report to a peace officer or providing the peace officer with 6 information regarding a client’s conduct; assisting a county 7 or city in rescuing a threatened animal; participating in a 8 civil proceeding to determine the disposition of an animal or 9 complying with a court order arising from that proceeding; or 10 providing evidence in an administrative, civil, or criminal 11 proceeding. However, the bill also provides that a licensed 12 veterinarian who knowingly makes a false report to a peace 13 officer or knowingly provides the peace officer with false 14 information regarding a client’s conduct is not acting in good 15 faith, is subject to disciplinary action by the board, is 16 civilly liable for damages proximately caused by making such 17 report or providing such information to a peace officer, and 18 is guilty of a simple misdemeanor. A simple misdemeanor is 19 punishable by confinement for no more than 30 days and a fine 20 of at least $105 but not more than $855. 21 A veterinarian is defined as any person who has received a 22 doctor of veterinary medicine degree or its equivalent from an 23 accredited or approved college of veterinary medicine (Code 24 section 169.3(11)) as compared to a licensed veterinarian 25 who also meets the exam requirements to practice veterinary 26 medicine or as otherwise prescribed by the board (Code sections 27 169.9 and 169.10). 28 BACKGROUND. The offenses in Code chapter 717B apply 29 generally to all nonhuman vertebrate animals, including dogs 30 and cats, unless specifically excluded. It does not apply to 31 livestock (Code chapter 717); game, fur-bearing animals, fish, 32 reptiles, or amphibians (Code chapter 481A), unless such animal 33 is owned, confined, or controlled by a person; or nongame 34 animals declared to be a nuisance by the natural resource 35 -3- LSB 5956HV (1) 89 da/jh 3/ 4

H.F. 2429 commission (Code chapter 481A). A local authority (city or 1 county) may rescue a threatened animal and a court may provide 2 for the disposition of that animal. A threatened animal 3 is an animal that has been abused, neglected, or tortured. 4 Code chapter 717C applies to any nonhuman vertebrate animal 5 without exception and the offense involves a person’s sexual 6 contact with the animal. Code chapter 717D also applies to any 7 nonhuman vertebrate animal without exception and the offense 8 involves a person participating in an event organized for 9 entertainment or profit where any animal is injured, tormented, 10 or killed. 11 -4- LSB 5956HV (1) 89 da/jh 4/ 4