HF 434 (LSB 1824YH (5) 90)

HOUSE FILE 434

BY  SORENSEN

A BILL FOR

An Act providing for veterinary medicine, including the care of animals under the supervision of a licensed veterinarian, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 169.4, subsection 9, Code 2023, is amended to read as follows:
   9.  Any veterinary assistant Auxiliary veterinary personnel employed by a licensed veterinarian from performing duties other than diagnosis, prescription, or surgery under the direct supervision of such veterinarian which assistant has been issued a certificate by the board subject to section 169.20 performing tasks associated with providing authorized veterinary medical services to an animal patient under subchapter II.
    Sec. 2.  Section 169.5, subsection 7, paragraph i, Code 2023, is amended by striking the paragraph and inserting in lieu thereof the following:
   i.  Adopt, amend, or repeal rules relating to the standards of conduct for, testing of, and revocation or suspension of certificates and licenses issued to auxiliary veterinary personnel. However, a certificate or license issued to auxiliary veterinary personnel 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. 3.  Section 169.20, subsection 1, Code 2023, is amended to read as follows:
   1.  A licensed veterinarian may employ one or more certified veterinary assistants for any purpose other than diagnosis, prescription or surgery. Veterinary assistants A certified veterinary assistant shall only provide authorized veterinary medical services to an animal patient within limits prescribed by rules adopted by the board. A certified veterinary assistant shall not make a diagnosis or prescribe a drug. A certified veterinary assistant must act under the direct supervision of a licensed veterinarian.
    Sec. 4.  NEW SECTION.  169.31  Subchapter definitions.
   As used in this subchapter, unless the context otherwise requires:
   1.  “Animal patient” means an animal provided authorized veterinary medical services, including diagnosis and treatment.
   2.  a.  “Authorized veterinary medical services” means diagnosing and treating animal disease, illness, or injury subject to restrictions provided in this subchapter.
   b.  “Authorized veterinary medical services” does not include performing any of the following:
   (1)  Prescribing or administering a drug or class of drugs, to the extent prohibited by rules adopted by the board.
   (2)  Structurally altering an animal’s body by incision or by removing or destroying bone or tissue.
   3.  “Auxiliary veterinary personnel” means a certified veterinary assistant, certified veterinary technician, or licensed veterinary technician.
   4.  “Certified veterinary assistant” means an individual who has been issued a certification pursuant to section 169.35.
   5.  “Certified veterinary technician” means an individual who has been issued a certificate of registration as provided in section 169.32.
   6.  “Licensed veterinary technician” means a veterinary technician who has been issued a license as provided in section 169.32.
    Sec. 5.  NEW SECTION.  169.32  Veterinary technicians —— qualifications.
   1.  The board shall issue a certificate of registration to a veterinary technician who meets the requirements of the board, which may include one or more of the following:
   a.  Completing a two-year program approved by the American veterinarian medical association committee on accreditation of training for veterinary technicians.
   b.  Receiving a passing score on the veterinary technician national exam or a comparable exam approved by the board.
   c.  Passing an examination for certification as provided in section 169.5.
   d.  Assisting a licensed veterinarian for a minimum number of hours as established by rule adopted by the board. This requirement may be used as a substitute for a requirement described in paragraphs “a” through “c”.
   2.  a.  The board shall issue a license to a certified veterinary technician who completed a program concentrating on advanced aspects of the diagnosis and treatment of animal disease, illness, and injury.
   b.  The program must be approved by any of the following:
   (1)  The American veterinarian medical association committee on accreditation of training for veterinary technicians.
   (2)  The board according to criteria established by rules adopted by the board. The program must include at least three semesters of a curriculum equal to at least thirty credit hours.
   c.  The board may require the certified veterinary technician to pass an examination for licensure as provided in section 169.5.
   3.  In order to be certified or licensed under this section, an individual must submit a complete application to the board that is approved by the board, subject to all of the following:
   a.  The application must be in a form prescribed by the board.
   b.  To be complete, the application must at least include all of the following:
   (1)  Information and material required by the board.
   (2)  (a)  A registration fee accompanying an application to be issued a certificate of registration in an amount determined by the board.
   (b)  A license fee accompanying an application to be issued a license in an amount determined by the board.
   (3)  Proof as required by the board that the applicant meets the requirements for certification or licensure.
    Sec. 6.  NEW SECTION.  169.33  Certified veterinary technician —— scope of authority.
   1.  A certified veterinary technician shall only perform a task associated with providing authorized veterinary medical services to an animal patient under a level of supervision determined by the board.
   2.  The licensed veterinarian’s decision to delegate a task to a certified veterinary technician in accordance with rules adopted by the board may be based on any of the following:
   a.  The certified veterinary technician’s training, experience, and skill.
   b.  The extent to which the licensed veterinarian is in proximity to the animal patient or is available via remote audio and video communication to the certified veterinary technician where the animal patient is located.
    Sec. 7.  NEW SECTION.  169.34  Licensed veterinary technician —— scope of authority.
   1.  A licensed veterinary technician shall only perform a task associated with providing authorized veterinary medical services to an animal patient under a level of supervision determined by a licensed veterinarian.
   2.  The licensed veterinarian’s decision to delegate a task to a licensed veterinary technician may be based on any of the following:
   a.  The licensed veterinary technician’s training, experience, and skill.
   b.  The extent to which the licensed veterinarian is in proximity to the animal patient or is available via remote audio and video communication with the licensed veterinary technician where the animal patient is located.
    Sec. 8.  NEW SECTION.  169.36  Auxiliary veterinary personnel —— recognized credentials.
   1.  The board shall recognize credentials of auxiliary veterinary personnel issued by other jurisdictions, which shall at least include another state, a United States territory, or a province of Canada.
   2.  a.  A person shall not use any recognized title, abbreviation, or sign to indicate that the person is certified as a veterinary assistant, certified as a veterinary technician, or licensed as a veterinary technician, unless that person is an individual who has been issued that certificate or license by the board pursuant to this subchapter.
   b.  A person who violates paragraph “a” commits a simple misdemeanor.
    Sec. 9.  CODE EDITOR DIRECTIVE.
   1.  The Code editor is directed to make the following transfer:
   Section 169.20, as amended by this Act, to section 169.35.
   2.  The Code editor shall correct internal references in the Code and in any enacted legislation as necessary due to the enactment of this section.
    Sec. 10.  ADMINISTRATIVE RULES.  The board of veterinary medicine shall submit a notice of intended action to the administrative rules coordinator and the Iowa administrative code editor pursuant to section 17A.4, subsection 1, paragraph “a”, not later than September 1, 2023, for the adoption of rules required to implement this Act.
    Sec. 11.  EFFECTIVE DATE.  The section of this Act requiring the board of veterinary medicine to submit a notice of intended action for the adoption of rules, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   GENERAL. This bill amends the “Iowa Veterinary Practice Act” (Code chapter 169) regulating the practice of veterinary medicine by individuals receiving a doctor of veterinary medicine degree or equivalent (a veterinarian) (Code section 162.3) and licensed by the Iowa board of veterinary medicine (board) by examination or endorsement (a licensed veterinarian) (Code sections 169.4, 169.9, and 169.10). The board may issue a temporary permit to certain members of the college of veterinary medicine of Iowa state university of science and technology or persons waiting to be licensed (Code sections 169.4 and 169.11). Under current law, a licensed veterinarian may employ one or more veterinary assistants who must be certified by the board and may perform functions under the direct supervision of the licensed veterinarian, excluding diagnosis, prescription, or surgery. The board has also adopted rules regulating care provided to animals by veterinary technicians who are certified according to requirements, which may include graduating from a two-year American veterinary medical association-accredited school of veterinary technology or working under the direction of a licensed veterinarian, and having successfully passed an examination prescribed by the board (811 IAC ch. 8).
   AUXILIARY VETERINARY PERSONNEL —— QUALIFICATIONS. The bill recognizes three types of auxiliary veterinary personnel: the two current personnel, a certified veterinary assistant and a certified veterinary technician; and new personnel, referred to as a licensed veterinary technician. The bill provides that auxiliary veterinary personnel must meet qualification requirements set forth in rules adopted by the board. The board may require that a certified veterinary technician have completed an accredited or approved veterinary technology program, received a passing score on a national veterinary technician examination, passed a board-administered examination, or assisted a licensed veterinarian for a minimum number of hours. In order to be licensed as a veterinary technician, a certified veterinary technician must have completed a program concentrating on advanced aspects of the diagnosis and treatment of animal disease, illness, and injury (e.g., master of veterinary clinical care). The board may require that the certified veterinary technician also pass an exam for licensure administered by the board (amended Code section 169.5 and new Code section 169.32).
   AUXILIARY VETERINARY PERSONNEL —— SCOPE OF AUTHORITY.  Auxiliary veterinary personnel may perform authorized veterinary medical services associated with the practice of veterinary medicine, excluding prescribing or administering a drug or class of drugs, if prohibited by rules adopted by the board, and structurally altering an animal’s body by incision or by removing or destroying bone or tissue (new Code section 169.31). Each type of auxiliary veterinary personnel is subject to its own level of supervision which includes associated tasks that may be delegated by a licensed veterinarian. For a certified veterinary technician, the level is determined by a licensed veterinarian acting within rules adopted by the board (new Code section 169.33), and for a licensed veterinary technician, the level is determined solely by the licensed veterinarian (new Code section 169.34). In both cases, when delegating a task to a certified or licensed veterinary technician, a licensed veterinarian may take into account the training, experience, and skill of the certified or licensed veterinary technician; and the extent to which the licensed veterinarian is in proximity to the animal patient or has remote access to the certified or licensed veterinary technician where the animal patient is located (new Code sections 169.33 and 169.34). A certified veterinary assistant can only provide authorized veterinary services within the limits prescribed by the board. A certified veterinary assistant is prohibited from making a diagnosis or prescribing a drug and must act under the direct supervision of a licensed veterinarian (amended Code section 169.20 transferred to Code section 169.35).
   AUXILIARY VETERINARY PERSONNEL —— RECOGNIZED CREDENTIALS.  The board must recognize credentials of auxiliary veterinary personnel issued by other jurisdictions. The bill also provides that a person who is not a certified veterinary assistant, certified veterinary technician, or licensed veterinary technician commits a simple misdemeanor by wrongfully claiming to hold such a credential.
   UNAUTHORIZED PRACTICE OF VETERINARY MEDICINE. A person who acts in violation of requirements governing veterinary medicine may be guilty of a fraudulent practice. This includes practicing veterinary medicine without a valid license or temporary permit (Code sections 169.4, 169.11, and 714.8).
   ADMINISTRATIVE RULES. The bill requires the board to begin the process of adopting rules required to implement the bill’s provisions by September 1, 2023. These provisions take effect upon enactment.
   PENALTIES. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855. The penalties for fraudulent practice range from a simple misdemeanor to a class “C” felony depending upon the amount of money or value of the property involved. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660 (Code sections 714.8 to 714.14).