HSB 245 (LSB 2671YC (2) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON BLOOMINGDALE)

A BILL FOR

An Act providing for the conduct of licensed veterinarians when involved in certain legal matters involving the alleged mistreatment of animals, including by providing for immunity from administrative, civil, or criminal liability when acting in good faith; providing for administrative, civil, or criminal liability when not acting in good faith; and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 169.3, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  9A.  “Peace officer” means the same as defined in section 801.4.
    Sec. 2.  Section 169.13, Code 2025, 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. 3.  NEW SECTION.  169.18A  Immunity —— limitations —— administrative, civil, and criminal liability. 
   1.  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:
   a.  Cooperating with a peace officer in a matter relating to the alleged conduct of a licensed veterinarian’s client 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 alleged conduct.
   b.  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.
   c.  Participating in a dispositional proceeding or complying with a court order arising from the dispositional proceeding as provided in section 717B.4. 
   d.  Providing competent and truthful 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, record as defined in section 554.1201, or other physical evidence.
   2.  A licensed veterinarian who knowingly makes a false report to a peace officer or knowingly provides the peace officer with false information regarding a client’s alleged conduct as provided in subsection 1, paragraph “a”, is not acting in good faith, is subject to disciplinary action by the board, is civilly liable for damages proximately caused by making such report or providing such information to a peace officer, and is guilty of a simple misdemeanor.
    Sec. 4.  Section 670.4, subsection 1, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0k.  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, subsection 1.
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 —— LIMITATIONS —— ADMINISTRATIVE, CIVIL, AND CRIMINAL LIABILITY. This bill amends provisions in Code chapter 169, the Iowa veterinary practice Act, by providing that a licensed veterinarian who acts in good faith is immune from administrative, civil, or criminal liability for actions involving cases of alleged animal misconduct 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 civil or criminal liability for cooperating in a criminal investigation including by making a report to a peace officer or providing the peace officer with information regarding a client’s conduct; 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. However, the bill also provides that a licensed veterinarian who knowingly makes a false report to a peace officer or knowingly provides the peace officer with false information regarding a client’s conduct is not acting in good faith, is subject to disciplinary action by the board, is civilly liable for damages proximately caused by making such report or providing such information to a peace officer, and is guilty of a simple misdemeanor. 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.
   A veterinarian is defined as any person who has received a doctor of veterinary medicine degree or its equivalent from an accredited or approved college of veterinary medicine (Code section 169.3(12)) as compared to a licensed veterinarian who also meets the exam requirements to practice veterinary medicine or as otherwise prescribed by the board (Code sections 169.9 and 169.10).
   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.