HSB 58 (LSB 1050YC (3) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON HIGHER EDUCATION BILL BY CHAIRPERSON COLLINS)

A BILL FOR

An Act providing for the ethical use of research animals.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 162.4A, Code 2025, is amended to read as follows:
   162.4A  Operation of a research facility —— certificate of registration.
   1.  A research facility shall only operate pursuant to a certificate of registration issued by the department as provided in section 162.2A. The
   2.  In order to comply with the provisions of this chapter, a research facility shall maintain must do all of the following:
   a.  Maintain records as required by the department in order for the department to ensure the research facility’s compliance with the provisions of this chapter. A research facility shall not
   b.  Comply with the provisions of chapter 162A.
   c.  Only purchase a dog or cat from a commercial establishment that does not have has been issued or renewed a valid authorization issued or renewed by the department under this chapter or a similar authorization issued or renewed by an authorized entity in another state.
    Sec. 2.  Section 162.10, Code 2025, is amended to read as follows:
   162.10  Qualified research facilities —— adoption program.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Animal rescue organization” means a person other than an animal shelter operating on a nonprofit basis to place unwanted, abandoned, abused, or stray dogs or cats in permanent adopted homes as provided by rules adopted by the department.
   b.  (1)  “Qualified research facility” means a research facility, including but not limited to a regents institution, that conducts experiments on dogs or cats for research, education, testing, or another scientific purpose; and that receives moneys from the state or federal government.
   (2)  “Qualified research facility” includes a research facility that conducts experiments on dogs or cats for research, education, testing, or another scientific purpose, in collaboration with a research facility described in subparagraph (1).
   c.  “Retired animal” means a dog or cat confined at a qualified research facility, if the dog or cat has been previously used for research, education, testing, or another scientific purpose; and the dog or cat is no longer required to be confined by the qualified research facility for any of those purposes.
   2.  1.  A qualified research facility shall establish an adoption program for retired animals confined at the qualified research facility for placement in a permanent adoptive home. In order to be eligible for adoption under the program, the retired animal must not have no a substantial medical condition, and must not pose no a safety risk to the public, that would prevent the dog’s or cat’s successful integration into a permanent adoptive home.
   3.  2.  Once a dog or cat becomes a retired animal and is eligible for adoption under the adoption program, the qualified research facility must do at least one of the following:
   a.  Offer to transfer ownership and custody of the retired animal to an animal shelter or animal rescue organization to facilitate the transfer of ownership and custody of the retired animal to a person for placement into the person’s permanent adoptive home. A qualified research facility must enter into an agreement with one or more animal shelters or animal rescue organizations electing to participate in the program.
   b.  Offer to transfer ownership and custody of the retired animal to a person for private placement in the person’s permanent adoptive home according to an arrangement agreed to by the qualified research facility and the person.
    Sec. 3.  NEW SECTION.  162A.1  Short title.
   This chapter shall be known and may be cited as the “Ethics in Animal Research Act”.
    Sec. 4.  NEW SECTION.  162A.2  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Animal” means a vertebrate animal other than a human.
   2.  “Animal rescue organization” means a person, other than an animal shelter, operating on a nonprofit basis to place unwanted, abandoned, abused, or stray dogs or cats in permanent adopted homes as provided by rules adopted by the department.
   3.  a.  “Animal research” means the investigation of, or instruction concerning the structure or function of living organisms, and the cause, prevention, control, or cure of diseases, discomfort, impairment, or abnormal conditions affecting human beings or animals.
   b.  “Animal research” does not include subjecting an animal to circumstances for purposes of doing any of the following:
   (1)  Administering a form of recognized veterinary treatment for the purpose of protecting the welfare of the animal, or reducing or eliminating the animal’s suffering or confusion.
   (2)  The conduct of normal animal husbandry practices, including but not limited to an accepted livestock management practice as defined in section 169.3.
   4.  “Animal research project” or “project” means to conduct animal research in order to answer a specific question, to support or refute a hypothesis, or determine the efficacy or likelihood of a scientific result.
   5.  “Animal shelter” means the same as defined in section 162.2 operating pursuant to a certificate of registration issued by the department pursuant to section 162.4.
   6.  “Animal Welfare Act” means the federal Animal Welfare Act, 7 U.S.C. ch. 54, and regulations promulgated by the United States department of agriculture and published in 9 C.F.R. ch. 1.
   7.  “Board” means the state board of regents.
   8.  “College or university” means an accredited public or private college or university, including but not limited to a university under the control of the state board of regents as provided in chapter 262, or a community college under the jurisdiction of a board of directors for a merged area as provided in chapter 260C.
   9.  “Department” means the department of agriculture and land stewardship.
   10.  a.  “Devocalization” means a surgical procedure that changes an animal’s vocal apparatus in a manner that alters, softens, reduces, or eliminates vocal sounds produced by the animal.
   b.  “Devocalization” includes a surgical procedure described as ventriculocordectomy or vocal cordectomy that results in cutting, notching, punching, abrading, lasering, or suturing tissue associated with an animal’s vocal chords.
   11.  “Medically necessary” means a service performed on any animal that is all of the following:
   a.  Consistent with the symptoms or a diagnosis made in conformance with recommended veterinary practice standards.
   b.  Reasonably calculated to prevent, diagnose, correct, cure, alleviate, or prevent the worsening of a condition that, left untreated, may result in any of the following:
   (1)  The end of life.
   (2)  Pain, suffering, or loss of function.
   (3)  Illness or infirmity.
   (4)  The aggravation of a disability or chronic illness.
   c.  An effective course of treatment for the animal according to recommended veterinary practice.
   12.  a.  “Qualified research facility” means a research facility that is a college or university, if the research facility performs animal research using state moneys.
   b.  “Qualified research facility” includes any research facility that acts under contract with a qualified research facility.
   13.  “Research facility” means a research facility as defined in section 162.2 that is required to operate pursuant to a certificate of registration issued by the department pursuant section 162.4A.
   14.  “Retired animal” means a dog or cat confined at a qualified research facility, if the dog or cat has been previously used as part of an animal research project and the dog or cat is no longer needed or required to be confined by the qualified research facility.
   15.  “State agency” means the same as defined in section 8A.101.
   16.  “State moneys” means moneys appropriated or allocated from the state treasury, including the general fund of the state or other fund, account, or source of revenue controlled by the state, including deposits, transfers, and earnings.
    Sec. 5.  NEW SECTION.  162A.3  Use of state moneys by qualified research facilities —— restrictions.
   1.  a.  A qualified research facility shall not use state moneys to conduct research that causes an animal pain or distress as described as a category “D” procedure or “E” procedure published by the United States department of agriculture, animal and plant health inspection service, under the Animal Welfare Act.
   b.  Paragraph “a” does not apply to a medically necessary procedure if the animal undergoes a category “D” procedure described in paragraph “a” subject to all of the category’s required conditions, including the recommended use of an appropriate anesthetic, analgesic, or tranquilizing drug. 
   2.  A qualified research facility shall not use state moneys to conduct research involving devocalization.
    Sec. 6.  NEW SECTION.  162A.4  Use of state moneys by state agencies under contract.
   1.  If a state agency enters into a contract with a private research facility to perform an animal research project, the contract shall specify the amount and percentage of the total cost of performing the project financed by state moneys.
   2.  If the state agency determines that the private research facility performing the animal research has used more state moneys than required to perform the project, the private research facility shall not be eligible to enter into another contract with any state agency to perform a project for a twelve-month period.
    Sec. 7.  NEW SECTION.  162A.5  Animal research report —— qualified research facilities.
   1.  Not later than March 1 of each year, a qualified research facility shall prepare and publish an animal research report. The qualified research facility shall publish the report on its internet site in a conspicuous location and in a manner that is easily accessible to the public.
   2.  The animal research report must state for the prior calendar year all of the following:
   a.  The total amount of state moneys expended by the qualified research facility to support all animal research projects.
   b.  For each animal research project, the report shall include for the prior calendar year a list of active animal research projects performed by the qualified research facility and financed by state moneys. The report must include for each project all of the following:
   (1)  The title of the project and a brief statement of its purpose.
   (2)  The number and species of animals used.
   (3)  (a)  The amount equal to the total cost of performing the project.
   (b)  The amount and percentage of that total cost of performing the project financed by state moneys. 
   (c)  The amount and percentage of that total cost of performing the project financed by sources other than state moneys.
   (4)  The expiration date of the project and the expected total amount of state moneys expended on that date.
   c.  The extent to which the qualified research facility has complied with the public health service policy on humane care and use of laboratory animals published by the national institutes of health, office of laboratory animal welfare, and the applicable provisions of the Animal Welfare Act. The report must include any corrective action taken in response to a finding of noncompliance.
   d.  (1)  The total number of animals used in an animal research project that have been placed for adoption, including animals transferred to animal shelters and animal rescue organizations.
   (2)  The total number of animals used in a project that have died, and a brief statement explaining the cause of death, including why an animal was destroyed and the manner of destruction.
   (3)  A detailed explanation of specific efforts by the facility to reduce the use of animals in research. The explanation must include the number of animals by species used in research each year for the past three calendar years and anticipated numbers expected to be used in the next calendar year.
    Sec. 8.  NEW SECTION.  162A.6  State animal research report —— state board of regents.
   1.  Not later than March 1 of each year, the state board of regents shall prepare and submit a state animal research report to the governor and general assembly. The state report shall be a compilation of information in animal research reports submitted to the board by qualified research facilities according to requirements established by rules adopted by the board pursuant to chapter 17A. The board shall publish the state report on its internet site in a conspicuous location and in a manner that is easily accessible to the public. The board shall disseminate information in the state report to interested press organizations.
    Sec. 9.  CODE EDITOR DIRECTIVE.
   1.  The Code editor is directed to transfer section 162.10 to section 162A.11.
   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.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BACKGROUND. This bill amends provisions in Code chapter 162 that regulate commercial establishments possessing or controlling animals, including dogs or cats. A commercial establishment includes a research facility associated with an educational or scientific entity, including a state board of regents institution, concerned with the prevention, control, or cure of diseases or abnormal conditions of human beings or animals. The department of agriculture and land stewardship is responsible for certifying research facilities (Code section 162.4A). A research facility may participate in an adoption program for dogs or cats confined at the research facility once the dog or cat is retired from use (Code section 162.10).
   BILL’S PROVISIONS —— GENERAL. The bill creates new Code chapter 162A regulating the use of a research animal used by a qualified research facility performing an animal research project (project) using state moneys. Such research does not include providing an animal with recognized veterinary treatment or normal animal husbandry practices. The bill regulates animal research performed by a qualified research facility which is limited to a public or private college or university performing animal research using state moneys.
   BILL’S PROVISIONS —— RESTRICTIONS. The bill provides that a qualified research facility is prohibited from using state moneys to conduct research that causes an animal pain or distress, unless it is classified as a medically necessary procedure accompanied by an appropriate anesthetic, analgesic, or tranquilizing drug. The bill prohibits the practice of devocalization.
   BILL’S PROVISIONS —— USE OF STATE MONEYS UNDER CONTRACT. The bill applies to a state agency which enters into a contract with a private research facility to perform an animal research project. The contract must state the amount and percentage of the total cost of performing the project financed by state moneys. The bill requires that the contract specify the amount and percentage of the total cost of performing the project financed by state moneys. The bill also provides that if the private research facility expends more state moneys than necessary to complete a project, the facility is prohibited from entering into a similar contract with the state for twelve months.
   BILL’S PROVISIONS —— REPORTING. The bill provides that not later than March 1, a qualified research facility must prepare and publish an animal research report (report). The report must include information regarding state moneys used to support projects, a description of the projects and the number and species of animal used, the amount of state moneys expended, the extent to which the qualified research facility has complied with applicable federal standards of care, the disposition of the animals after they are no longer of research value, and efforts to reduce the number of animals used. The bill provides that not later than March 1, the state board of regents must prepare and submit a state animal research report to the governor and general assembly. The report shall be prepared as a compilation using information submitted to the board by qualified research facilities.
   BILL’S PROVISIONS —— CODE EDITOR DIRECTIVE. The bill provides for the transfer of the provision allowing for the adoption of research animals from Code chapter 162 to new Code chapter 162A.