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