House File 583 - Reprinted



                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                           (SUCCESSOR TO HSB 202)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act limiting causes of action against veterinary practitioners
  2    who provide care to animals suffering distress.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2011HV 81
  5 da/gg/14

PAG LIN



  1  1    Section 1.  Section 169.3, Code 2005, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  14.  "Veterinary practitioner" means any
  1  4 of the following:
  1  5    a.  A veterinarian who may practice veterinary medicine
  1  6 pursuant to a valid license or temporary permit issued by the
  1  7 board pursuant to section 169.4.
  1  8    b.  A professional corporation organized under chapter 496C
  1  9 which is owned and operated by one or more veterinarians
  1 10 practicing veterinary medicine pursuant to a valid license
  1 11 issued by the board pursuant to section 169.4.
  1 12    Sec. 2.  Section 169.12, unnumbered paragraph 4, Code 2005,
  1 13 is amended to read as follows:
  1 14    Any licensee who is desirous of changing residence to
  1 15 another state or territory shall, upon application to the
  1 16 department and payment of the legal fee, receive a certified
  1 17 statement that the licensee is a duly licensed practitioner in
  1 18 this state.
  1 19    Sec. 3.  NEW SECTION.  169.21  LIMITATION ON LIABILITY ==
  1 20 CARE OF ABUSED OR NEGLECTED ANIMAL.
  1 21    1.  A veterinary practitioner shall not be liable for civil
  1 22 damages for an act or omission occurring when providing care
  1 23 to an animal as defined in section 717A.1, including any act
  1 24 or omission arising from the practice of veterinary medicine.
  1 25 The care must be provided in good faith and must be
  1 26 reasonable.  In addition, one of the following conditions must
  1 27 apply:
  1 28    a.  The animal is taken by a county or city, including as
  1 29 part of a rescue of livestock as provided in section 717.2A,
  1 30 for disposition pursuant to section 717.5, or as part of the
  1 31 rescue of another animal, for disposition pursuant to section
  1 32 717B.4.
  1 33    b.  The animal is distressed by disease or injury that
  1 34 would result in severe and prolonged suffering.  An animal's
  1 35 distress is conclusively presumed to result in severe and
  2  1 prolonged suffering if the animal is livestock which is abused
  2  2 or neglected as provided in chapter 717 or the animal is
  2  3 subject to abuse, neglect, or torture as provided in chapter
  2  4 717B.  The veterinary practitioner must provide notice of the
  2  5 care to a peace officer of a county sheriff's office or police
  2  6 department which has jurisdiction to take the animal.
  2  7    2.  A veterinary assistant shall not be liable for civil
  2  8 damages for an act or omission occurring when providing care
  2  9 to an animal, including any act or omission arising from the
  2 10 practice of veterinary medicine, if all of the following
  2 11 apply:
  2 12    a.  The care must be provided in good faith and must be
  2 13 reasonable.
  2 14    b.  The act or omission is under the direction or
  2 15 supervision of a veterinary practitioner as provided in
  2 16 subsection 1.
  2 17 HF 583
  2 18 da:nh/es/25