HF 623 (LSB 2278HV (1) 89)

HOUSE FILE 623

BY  COMMITTEE ON LOCAL GOVERNMENT

(SUCCESSOR TO HSB 170)

A BILL FOR

An Act providing that a licensed veterinarian is immune from administrative, civil, or criminal liability in investigations or proceedings involving the mistreatment of animals.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 169.13, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  A licensed veterinarian immune from administrative, civil, or criminal liability under section 169.18A is not subject to disciplinary action under this chapter. Any information disclosed by a licensed veterinarian acting under section 169.18A is not subject to a confidentiality requirement that would otherwise be applicable to the licensed veterinarian under this chapter.
    Sec. 2.  NEW SECTION.  169.18A  Immunity.
   A licensed veterinarian, when acting in good faith and in conformance within the minimal standard of acceptable and prevailing practice of veterinary medicine as defined in rules adopted by the board, is immune from administrative, civil, or criminal liability which might otherwise be incurred or imposed as a result of the licensed veterinarian doing any of the following:
   1.  Cooperating with a peace officer as defined in section 801.4, in a matter relating to another person’s conduct that, if true, would constitute an offense punishable as a misdemeanor or felony under chapter 717B, 717C, or 717D. The licensed veterinarian may provide such cooperation in any manner that assists the peace officer, including but not limited to making a report to a peace officer or providing the peace officer with information regarding the other person’s conduct.
   2.  Cooperating with a local authority or law enforcement officer, as each is defined in section 717B.1, to rescue a threatened animal as provided in section 717B.5.
   3.  Participating in a dispositional proceeding or complying with a court order arising from the dispositional proceeding as provided in section 717B.4. 
   4.  Providing evidence in an administrative, civil, or criminal case relating to another person’s conduct that, if true, would constitute an offense punishable as a misdemeanor or felony under chapter 717B, 717C, or 717D. The licensed veterinarian may provide answers in a deposition or interrogatory, testimony, records as defined in section 554D.103, or other physical evidence.
    Sec. 3.  Section 670.4, subsection 1, Code 2021, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0n.  A claim based on an act by a licensed veterinarian when assisting a municipality in rescuing a threatened animal as provided in section 717B.5, if the licensed veterinarian is immune from administrative, criminal, or civil liability as provided in section 169.18A.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   IMMUNITY FROM LIABILITY. This bill amends provisions in Code chapter 169, the “Iowa Veterinary Practice Act”, by providing that a licensed veterinarian is immune from administrative, civil, or criminal liability for actions taken while assisting in the investigation or prosecution of another person for conduct that, if true, would constitute an offense punishable as a misdemeanor or felony under several Code chapters. Code chapter 717B prohibits various forms of animal mistreatment, including abuse, neglect, torture, and injuring or interfering with a police service dog; Code chapter 717C prohibits bestiality; and Code chapter 717D prohibits animal contest events. The licensed veterinarian is shielded from administrative, civil, or criminal liability for cooperating in a criminal investigation; assisting a county or city in rescuing a threatened animal; participating in a civil proceeding to determine the disposition of an animal or complying with a court order arising from that proceeding; or providing evidence in an administrative, civil, or criminal proceeding. The bill provides that the licensed veterinarian is not subject to professional discipline by the Iowa veterinary board for taking action that shields the licensed veterinarian from liability. Finally, the bill provides that a licensed veterinarian is immune from liability from a claim based on an act by the licensed veterinarian while assisting a municipality in rescuing a threatened animal. 
   BACKGROUND. The offenses in Code chapter 717B apply generally to all nonhuman vertebrate animals, including dogs and cats, unless specifically excluded. It does not apply to livestock (Code chapter 717); game, fur-bearing animals, fish, reptiles, or amphibians (Code chapter 481A), unless such animal is owned, confined, or controlled by a person; or nongame animals declared to be a nuisance by the natural resource commission (Code chapter 481A). A local authority (city or county) may rescue a threatened animal and a court may provide for the disposition of that animal. A threatened animal is an animal that has been abused, neglected, or tortured. Code chapter 717C applies to any nonhuman vertebrate animal without exception and the offense involves a person’s sexual contact with the animal. Code chapter 717D also applies to any nonhuman vertebrate animal without exception and the offense involves a person participating in an event organized for entertainment or profit where any animal is injured, tormented, or killed.