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Senate Study Bill 1183 - IntroducedA Bill ForAn Act 1providing for veterinary medicine, including the
2care of animals under the supervision of a licensed
3veterinarian, providing penalties, and including effective
4date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 169.3, subsection 3, Code 2023, is
2amended to read as follows:
33. “Animal” means any nonhuman primate, dog, cat, rabbit,
4rodent, fish, reptile, and livestock, or other vertebrate or
5nonvertebrate life forms form, living or dead, except domestic
6poultry.
7 Sec. 2. Section 169.3, Code 2023, is amended by adding the
8following new subsections:
9 NEW SUBSECTION. 4A. “Diagnosis” means the act or process
10of identifying or determining the health status, including
11the diagnosis of pregnancy, sterility, or infertility, of an
12animal through manual or laboratory examination and the opinion
13derived from that examination.
14 NEW SUBSECTION. 7A. “Livestock” means an animal belonging
15to the bovine, caprine, equine, ovine, or porcine species; farm
16deer as defined in section 170.1; ostriches, rheas, or emus; or
17turkeys, chickens, domestic geese or ducks, or other domestic
18fowl.
19 NEW SUBSECTION. 10A. a. “Surgery” means the branch of
20veterinary science conducted under elective or emergency
21circumstances, that treats diseases, injuries, and deformities
22by manual or operative methods including but not limited to
23abdominal, cosmetic, dental, reconstructive, ophthalmic,
24orthopedic, vascular, thoracic, and obstetric procedures.
25b. “Surgery” does not include an accepted livestock
26management practice.
27 Sec. 3. Section 169.3, subsection 10, Code 2023, is amended
28by striking the subsection and inserting in lieu thereof the
29following:
3010. “Practice of veterinary medicine” means any of the
31following:
32a. Representing oneself as engaged in the practice of
33veterinary medicine.
34b. Using words, letters, or titles in connection with,
35or under circumstances that may induce another person to
-1-1believe that the person using them is engaged in, the practice
2of veterinary medicine, veterinary surgery, or veterinary
3dentistry.
4c. Accepting compensation for providing veterinary medical
5services to an animal patient by doing any of the following:
6(1) Providing a diagnosis, treatment, or correction, or
7providing for the prevention, of a disease, defect, injury,
8deformity, pain, or condition of an animal.
9(2) Prescribing, dispensing, administering, or ordering
10the administration of a drug, including a medicine or a
11biologic; prescribing or attaching a medical appliance; or
12providing an application or treatment of whatever nature for
13the prevention, cure, or relief of a disease, ailment, defect,
14injury, deformity, pain, or other condition of an animal.
15(3) Performing any of the following:
16(a) A surgical operation in which an animal is diagnosed or
17receives treatment.
18(b) Complementary or alternative therapy in which an animal
19receives treatment.
20(4) Doing any of the following:
21(a) Certifying the health, fitness, or soundness of an
22animal.
23(b) Performing any procedure for the diagnosis of
24pregnancy, sterility, or infertility on an animal.
25d. “Practice of veterinary medicine” does not include any of
26the following:
27(1) Providing authorized veterinary medical services to an
28animal patient by veterinary auxiliary personnel, if performing
29a delegated task when acting under a level of supervision by a
30supervising veterinarian under subchapter II.
31(2) Practicing animal massage therapy.
32(a) As used in this subparagraph, “animal massage therapy”
33means a method of treating the body of any animal for remedial
34or hygienic purposes through techniques that include rubbing,
35stroking, or kneading the body of the animal.
-2- 1(b) “Animal massage therapy” may be applied with or without
2the aid of a massage device that mimics the actions possible
3using human hands.
4(c) “Animal massage therapy” does not include making
5a diagnosis; prescribing a drug, including a medicine or
6biologic; performing surgery; performing chiropractic care; or
7performing acupuncture.
8 Sec. 4. Section 169.3, subsection 12, Code 2023, is amended
9by striking the subsection.
10 Sec. 5. Section 169.4, unnumbered paragraph 1, Code 2023,
11is amended to read as follows:
12A person may shall not practice veterinary medicine in the
13state who is not a licensed veterinarian or the holder of a
14valid temporary permit issued by the board. This chapter shall
15not be construed to prohibit any of the following:
16 Sec. 6. Section 169.4, subsections 2 and 10, Code 2023, are
17amended to read as follows:
182. A person who is a veterinary student in an accredited
19or approved college of veterinary medicine from performing
20duties or actions assigned by instructors an instructor of
21the college, or working acting under the direct supervision
22 direction of a licensed veterinarian or the supervision of a
23supervising veterinarian as provided in subchapter II. The
24board shall issue to any a veterinary medicine student who
25attends an accredited veterinary medicine college or school
26and who has been certified as being competent by an instructor
27of such college or school to perform veterinary duties under
28the direction of an instructor of veterinary medicine or under
29the direct supervision direction of a licensed veterinarian or
30the supervision of a supervising veterinarian, a certificate
31authorizing the veterinary medicine student to perform such
32functions.
3310. A graduate of a foreign college of veterinary medicine
34who is in the process of obtaining an ECFVG certificate for
35performing duties or actions under the direction or supervision
-3-1 of a licensed veterinarian or the supervision of a supervising
2veterinarian as provided in subchapter II.
3 Sec. 7. Section 169.4, subsection 9, Code 2023, is amended
4by striking the subsection.
5 Sec. 8. Section 169.5, subsection 7, paragraph i, Code 2023,
6is amended to read as follows:
7i. Adopt, amend, or repeal rules relating to the
8qualifications, standards of conduct for, and disciplinary
9action of veterinary auxiliary personnel providing authorized
10veterinary medical services to an animal patient under
11subchapter II. The rules may provide for the testing of
12veterinary technicians, and the revocation or suspension of
13certificates issued to veterinary assistants technicians.
14However, a certificate of registration shall not be suspended
15or revoked by less than a two-thirds vote of the entire board
16in a proceeding conducted in compliance with section 17A.12.
17 Sec. 9. Section 169.19, Code 2023, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 2A. A supervising veterinarian who
20knowingly acts in violation of subchapter II by wrongfully
21utilizing veterinary auxiliary personnel when providing
22authorized veterinary medical services to an animal patient is
23guilty of a fraudulent practice as defined in section 714.8.
24 Sec. 10. NEW SECTION. 169.31 Subchapter definitions.
251. “Accredited or approved veterinary technology program”
26means a program in veterinary technology that is accredited by
27the American veterinary medical association and an accrediting
28agency that has been approved by the United States department
29of education or its successor.
302. “Direct supervision” means a level of supervision by
31a supervising veterinarian that occurs when the supervising
32veterinarian is readily available and on the premises where an
33animal patient is being provided authorized veterinary medical
34services by veterinary auxiliary personnel.
353. “Immediate supervision” means a level of supervision by
-4-1a supervising veterinarian that occurs when the supervising
2veterinarian is in the immediate area, and within audible and
3visual range, of an animal patient and veterinary auxiliary
4personnel providing the animal patient with authorized
5veterinary medical services.
64. “Indirect supervision” means a level of supervision by
7a supervising veterinarian, other than direct supervision or
8immediate supervision, that occurs when all of the following
9apply:
10a. The supervising veterinarian is present within the
11veterinarian’s usual practice area.
12b. The supervising veterinarian has given written protocols
13or real-time oral instructions to veterinary auxiliary
14personnel for the treatment of an animal for which a licensed
15veterinarian and animal patient relationship exists.
16c. The supervising veterinarian is readily available by
17telephone or other means of immediate communication with the
18veterinary auxiliary personnel providing the animal patient
19with authorized veterinary medical services.
205. “Level of supervision” means direct supervision,
21immediate supervision, or indirect supervision.
226. “Registered veterinary technician” means a veterinary
23technician who has been issued a valid certificate of
24registration by the board pursuant to section 169.34.
257. “Supervising veterinarian” means a licensed veterinarian
26who assumes responsibility for supervising authorized
27veterinary medical services provided to an animal patient
28by veterinary auxiliary personnel acting under a level of
29supervision by the licensed veterinarian.
308. a. “Veterinary assistant” means an individual employed
31to work in veterinary practice who performs tasks at the
32direction of a licensed veterinarian.
33b. “Veterinary assistant” does not include a person who is a
34licensed veterinarian or a veterinary technician, veterinary
35student, or graduate from a foreign college of veterinary
-5-1medicine.
29. “Veterinary auxiliary personnel” means a registered
3veterinary technician, a veterinary technician who is not
4registered, a veterinary assistant, a veterinary student, or a
5graduate of a foreign college of veterinary medicine subject to
6the provisions of this subchapter.
710. “Veterinary student” means an individual currently
8admitted and in good academic standing in an accredited or
9approved college of veterinary medicine.
1011. “Veterinary technician” means an individual who has
11graduated from an accredited or approved veterinary technology
12program.
13 Sec. 11. NEW SECTION. 169.32 Supervising veterinarian.
141. A licensed veterinarian may provide veterinary medical
15services to an animal patient by acting as a supervising
16veterinarian exercising a level of supervision as provided in
17this subchapter and rules adopted by the board pursuant to this
18subchapter.
192. A licensed veterinarian shall not act as a supervising
20veterinarian until the licensed veterinarian examines the
21animal patient pursuant to acceptable practices established by
22rules adopted by the board.
233. A supervising veterinarian shall determine the
24applicable level of supervision required for veterinary
25auxiliary personnel within the limits provided in this
26subchapter and rules adopted by the board pursuant to this
27subchapter. Based on that determination, the supervising
28veterinarian shall decide the specific tasks to be delegated
29to the veterinary auxiliary personnel within the limits of the
30applicable level of supervision, subject to any applicable
31rules adopted by the board, as provided in this subchapter.
32The supervising veterinarian’s decision must be based on
33factors such as the veterinary auxiliary personnel’s training,
34experience, and skill. The supervising veterinarian is solely
35responsible for both the determination and decision.
-6-1 Sec. 12. NEW SECTION. 169.33 Veterinary auxiliary personnel
2— employment.
3A licensed veterinarian may employ any number of veterinary
4auxiliary personnel who may be delegated tasks associated with
5providing authorized veterinary medical services to an animal
6patient within the limits provided in this subchapter and rules
7adopted by the board pursuant to this subchapter.
8 Sec. 13. NEW SECTION. 169.34 Veterinary technician —
9certificate of registration.
101. The board shall issue a certificate of registration to a
11veterinary technician if all of the following apply:
12a. The veterinary technician has received a passing score on
13a national veterinary technician examination approved by the
14board.
15b. The veterinary technician has submitted a complete
16application to the board that is approved by the board subject
17to all of the following:
18(1) The application must be in a form prescribed by the
19board.
20(2) To be complete, the application must include all of the
21following:
22(a) Information and material required by the board.
23(b) A registration fee in an amount established by the
24board.
25(c) Proof as required by the board that the applicant meets
26the requirements of a veterinary technician.
272. The board may issue an endorsed certificate of
28registration to a veterinary technician if the veterinary
29technician holds a valid registration, certificate, license, or
30other authorization issued by a jurisdiction recognized by the
31board, and all of the following apply:
32a. The veterinary technician has been actively employed as a
33veterinary technician in a jurisdiction recognized by the board
34under section 169.35 for at least two thousand hours during the
35five years preceding the filing of the application with the
-7-1board.
2b. The veterinary technician has not previously failed and
3not subsequently passed a veterinarian technician certification
4examination.
5c. The veterinary technician is not subject to an
6investigation or disciplinary action which may result or has
7resulted in the suspension or revocation of a registration,
8certificate, license, or other authorization issued by a
9jurisdiction recognized by the board.
10d. The veterinary technician has submitted a complete
11application to the board that is approved by the board.
12(1) The application must be in a form prescribed by the
13board.
14(2) To be complete, the application must include all of the
15following:
16(a) Information and material required by the board.
17(b) A registration fee in an amount established by the
18board.
193. A certificate of registration issued to a veterinary
20technician under this section does not expire.
214. A veterinary technician is subject to investigation and
22disciplinary action taken by the board pursuant to section
23272C.3. However, the board shall utilize the procedures set
24forth in section 169.14.
25 Sec. 14. NEW SECTION. 169.35 Credentials of veterinary
26technicians.
271. The board shall recognize credentials of veterinary
28technicians issued by another state, a United States territory,
29and a province of Canada. The board may recognize credentials
30of veterinary technicians issued by other jurisdictions.
312. a. A person shall not use any recognized title,
32abbreviation, or sign to indicate that such person is a
33registered veterinary technician unless that person is an
34individual who has been issued a certificate of registration
35pursuant to section 169.34.
-8- 1b. A person who violates paragraph “a” commits a simple
2misdemeanor.
3 Sec. 15. NEW SECTION. 169.36 Veterinary technician — scope
4of authority.
51. A veterinary technician shall only perform tasks
6associated with providing authorized veterinary medical
7services to an animal patient under the level of supervision
8determined by the board according to rules adopted by the
9board under this subchapter. The board may determine a lower
10level of supervision is required for registered veterinary
11technicians. The board shall adopt rules designating types
12of tasks that a veterinary technician may perform under a
13determined level of supervision.
142. A veterinary technician shall not do any of the
15following:
16a. Treat floating teeth.
17b. Provide for the closure of surgical wounds and
18lacerations.
19c. Perform treatments for gingival resection.
203. A supervising veterinarian shall decide the specific
21tasks delegated to a veterinary technician for a determined
22level of supervision pursuant to section 169.32.
234. A licensed veterinarian who employs a veterinary
24technician shall alone owe the veterinarian technician the
25amount required to be paid in exchange for performing the
26delegated task.
27 Sec. 16. NEW SECTION. 169.37 Veterinary assistant — scope
28of authority.
291. A veterinary assistant shall only perform tasks
30associated with providing authorized veterinary medical
31services to an animal patient under the direct supervision of a
32licensed veterinarian. The board shall adopt rules designating
33types of tasks that a veterinary assistant may perform under
34that determined level of supervision.
352. A veterinary assistant shall not do any of the following:
-9- 1a. Treat floating teeth.
2b. Provide for the closure of surgical wounds and
3lacerations.
4c. Perform gingival resection.
53. A supervising veterinarian shall decide the specific
6tasks delegated to a veterinary assistant for the determined
7level of supervision pursuant to section 169.32.
8 Sec. 17. NEW SECTION. 169.38 Veterinary student — scope
9of authority.
101. A veterinary student shall only perform tasks associated
11with providing authorized veterinary medical services to an
12animal patient under the level of supervision determined by the
13supervising veterinarian. The determination shall be based
14on the number of academic years successfully completed by the
15veterinary student.
162. A supervising veterinarian shall decide the specific
17tasks delegated to a veterinary student for the determined
18level of supervision pursuant to section 169.32.
19 Sec. 18. NEW SECTION. 169.39 Graduate from foreign college
20of veterinary medicine — scope of authority.
211. A graduate from a foreign college of veterinary
22medicine shall only perform tasks associated with providing
23authorized veterinary medical services to an animal patient
24under the level of supervision determined by the supervising
25veterinarian. The determination shall be based on whether the
26graduate from a foreign college of veterinary medicine holds an
27ECFVG certificate.
282. A supervising veterinarian shall decide the specific
29tasks delegated to a graduate from a foreign college of
30veterinary medicine for the determined level of supervision
31pursuant to section 169.32.
32 Sec. 19. Section 714.8, Code 2023, is amended by adding the
33following new subsection:
34 NEW SUBSECTION. 22. a. Practicing veterinary medicine
35without a valid license or temporary permit issued by the board
-10-1of veterinary medicine pursuant to chapter 169, as described
2in section 169.19.
3b. Acting as a supervising veterinarian, by providing
4veterinary medical services to an animal patient in violation
5of chapter 169, subchapter II, as described in section 169.19.
6 Sec. 20. REPEAL. Section 169.20, Code 2023, is repealed.
7 Sec. 21. CODE EDITOR DIRECTIVES. The Code editor shall do
8all of the following:
91. Create a new subchapter in chapter 169 that includes
10sections 169.1 through 169.30.
112. Create a new subchapter in chapter 169 that includes
12sections 169.31 through 169.39, as enacted in this Act.
133. Correct internal references in the Code and in any
14enacted legislation as necessary due to the enactment of this
15section.
16 Sec. 22. ADMINISTRATIVE RULES. The board of veterinary
17medicine shall submit a notice of intended action to the
18administrative rules coordinator and the Iowa administrative
19code editor pursuant to section 17A.4, subsection 1, paragraph
20“a”, not later than September 1, 2023, for the adoption of
21rules required to implement this Act.
22 Sec. 23. EFFECTIVE DATE. The section of this Act requiring
23the board of veterinary medicine to submit a notice of intended
24action for the adoption of rules, being deemed of immediate
25importance, takes effect upon enactment.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29GENERAL. This bill amends the “Iowa Veterinary Practice
30Act” (Code chapter 169) regulating the practice of veterinary
31medicine by individuals receiving a doctor of veterinary
32medicine degree or equivalent (veterinarians) (amended Code
33section 162.3) and licensed by the Iowa board of veterinary
34medicine (board) by examination or endorsement (licensed
35veterinarians) (Code sections 169.4, 169.9, and 169.10). The
-11-1board may issue a temporary permit to certain members of the
2college of veterinary medicine of Iowa state university of
3science and technology or persons waiting to be licensed (Code
4sections 169.4 and 169.11). The bill provides definitions
5of terms used throughout the Code chapter and creates a
6new subchapter authorizing certain individuals to provide
7authorized veterinary medical services to animals in a manner
8that would otherwise constitute the practice of veterinary
9medicine, so long as the authorized veterinary medical services
10are provided under the supervision of a licensed veterinarian
11(supervising veterinarian).
12DEFINITIONS. The bill amends the term “animal” to expressly
13include livestock. The bill provides new definitions for
14the terms “diagnosis” and “surgery”. The bill rewrites the
15definition of “practice of veterinary medicine” to include
16an action taken for compensation that involves providing
17authorized veterinary medical services to animals, including by
18providing a diagnosis or treatment, prescribing, dispensing,
19or administering or ordering the administration of a drug or
20appliance, or taking an action associated with the prevention,
21cure, or relief of disease or injury. The term does not
22include taking an action under the direction of a supervising
23veterinarian or practicing animal massage therapy (amended Code
24section 169.3).
25SUPERVISION BY LICENSED VETERINARIAN — VETERINARY AUXILIARY
26PERSONNEL. The bill provides that a licensed veterinarian
27may act as a supervising veterinarian directing certain
28individuals in performing delegated tasks under different
29levels of supervision. Such an individual is classified as a
30veterinary auxiliary personnel and includes (1) a veterinary
31technician who has graduated from an accredited or approved
32veterinary technology program, (2) a veterinary assistant who
33has not graduated from that program, (3) a veterinary student
34attending a college of veterinary medicine, and (4) a graduate
35of a foreign college of veterinary medicine. The levels of
-12-1supervision allowing a supervising veterinarian to delegate
2tasks to veterinary auxiliary personnel include: (1) direct
3supervision in which the supervising veterinarian is on the
4premises where the animal patient is being cared for, (2)
5immediate supervision in which a supervising veterinarian is
6in the immediate area of the animal patient, and (3) indirect
7supervision in which a supervising veterinarian is available by
8telephone or other means of immediate communication.
9SUPERVISION BY LICENSED VETERINARIAN — DUTY. A licensed
10veterinarian cannot act as a supervising veterinarian until
11examining the animal patient. A supervising veterinarian must
12decide the applicable level of supervision subject to the
13requirements in the bill and the tasks that may be delegated to
14the veterinary auxiliary personnel which may be based on the
15level of supervision required and the training, experience, and
16skill of the veterinary auxiliary personnel (new Code section
17169.32).
18VETERINARY AUXILIARY PERSONNEL — CERTIFICATION OF
19VETERINARY TECHNICIAN. The bill provides for the board’s
20certification of veterinary technicians as registered
21veterinary technicians. An application may be based on
22either: (1) passing a national exam (veterinary technician
23national examination or “VTNE”) or (2) by endorsement when the
24applicant veterinary technician has been actively employed as a
25veterinarian technician in another jurisdiction for at least
262,000 hours during the prior five years. In each case, the
27application must be completed as required by the board and
28include a fee for an amount established by the board (new Code
29section 169.34). The bill provides that a person who is not
30registered commits a simple misdemeanor by wrongfully claiming
31to hold such a credential.
32VETERINARY AUXILIARY PERSONNEL — SCOPE OF AUTHORITY. Each
33type of veterinary auxiliary personnel is subject to its own
34level of supervision which includes associated tasks that
35may be delegated. For a veterinary technician, the level is
-13-1established by rules adopted by the board which also provides
2for associated tasks that may be delegated. For a veterinary
3assistant, the level is restricted to direct supervision and
4the board by rule provides for associated tasks that may be
5delegated. For a veterinary student, the level of supervision
6and the associated tasks that may be delegated are determined
7by the supervising veterinarian based on the number of academic
8years that the student has successfully completed. For a
9graduate from a foreign college of veterinary medicine, the
10level of supervision and associated tasks that may be delegated
11are also determined by the supervising veterinarian based on
12whether the graduate holds a current certificate issued by the
13American veterinary medical association educational commission
14for foreign veterinary graduates (ECFVG).
15ADMINISTRATIVE RULES. The bill requires the board to begin
16the process of adopting rules required to implement the bill’s
17provisions by September 1, 2023. These provisions take effect
18upon enactment.
19PROHIBITIONS. A person who acts in violation of
20requirements governing veterinary medicine may be guilty of
21a fraudulent practice. This includes practicing veterinary
22medicine without a valid license or temporary permit (Code
23sections 169.4, 169.11, and 714.8). The bill provides that it
24also includes a supervising veterinarian who knowingly wrongly
25utilizes veterinary auxiliary personnel to provide medical care
26to an animal (amended Code sections 169.19 and 714.8).
27PENALTIES. A simple misdemeanor is punishable by
28confinement for no more than 30 days and a fine of at least $105
29but not more than $855. The penalties for fraudulent practice
30range from a simple misdemeanor to a class “C” felony depending
31upon the amount of money or value of the property involved. A
32serious misdemeanor is punishable by confinement for no more
33than one year and a fine of at least $430 but not more than
34$2,560. An aggravated misdemeanor is punishable by confinement
35for no more than two years and a fine of at least $855 but
-14-1not more than $8,540. A class “D” felony is punishable by
2confinement for no more than five years and a fine of at least
3$1,025 but not more than $10,245. A class “C” felony is
4punishable by confinement for no more than 10 years and a fine
5of at least $1,370 but not more than $13,660 (Code sections
6714.8 to 714.14).
-15-da/ns
2care of animals under the supervision of a licensed
3veterinarian, providing penalties, and including effective
4date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 169.3, subsection 3, Code 2023, is
2amended to read as follows:
33. “Animal” means any nonhuman primate, dog, cat, rabbit,
4rodent, fish, reptile, and livestock, or other vertebrate or
5nonvertebrate life forms form, living or dead, except domestic
6poultry.
7 Sec. 2. Section 169.3, Code 2023, is amended by adding the
8following new subsections:
9 NEW SUBSECTION. 4A. “Diagnosis” means the act or process
10of identifying or determining the health status, including
11the diagnosis of pregnancy, sterility, or infertility, of an
12animal through manual or laboratory examination and the opinion
13derived from that examination.
14 NEW SUBSECTION. 7A. “Livestock” means an animal belonging
15to the bovine, caprine, equine, ovine, or porcine species; farm
16deer as defined in section 170.1; ostriches, rheas, or emus; or
17turkeys, chickens, domestic geese or ducks, or other domestic
18fowl.
19 NEW SUBSECTION. 10A. a. “Surgery” means the branch of
20veterinary science conducted under elective or emergency
21circumstances, that treats diseases, injuries, and deformities
22by manual or operative methods including but not limited to
23abdominal, cosmetic, dental, reconstructive, ophthalmic,
24orthopedic, vascular, thoracic, and obstetric procedures.
25b. “Surgery” does not include an accepted livestock
26management practice.
27 Sec. 3. Section 169.3, subsection 10, Code 2023, is amended
28by striking the subsection and inserting in lieu thereof the
29following:
3010. “Practice of veterinary medicine” means any of the
31following:
32a. Representing oneself as engaged in the practice of
33veterinary medicine.
34b. Using words, letters, or titles in connection with,
35or under circumstances that may induce another person to
-1-1believe that the person using them is engaged in, the practice
2of veterinary medicine, veterinary surgery, or veterinary
3dentistry.
4c. Accepting compensation for providing veterinary medical
5services to an animal patient by doing any of the following:
6(1) Providing a diagnosis, treatment, or correction, or
7providing for the prevention, of a disease, defect, injury,
8deformity, pain, or condition of an animal.
9(2) Prescribing, dispensing, administering, or ordering
10the administration of a drug, including a medicine or a
11biologic; prescribing or attaching a medical appliance; or
12providing an application or treatment of whatever nature for
13the prevention, cure, or relief of a disease, ailment, defect,
14injury, deformity, pain, or other condition of an animal.
15(3) Performing any of the following:
16(a) A surgical operation in which an animal is diagnosed or
17receives treatment.
18(b) Complementary or alternative therapy in which an animal
19receives treatment.
20(4) Doing any of the following:
21(a) Certifying the health, fitness, or soundness of an
22animal.
23(b) Performing any procedure for the diagnosis of
24pregnancy, sterility, or infertility on an animal.
25d. “Practice of veterinary medicine” does not include any of
26the following:
27(1) Providing authorized veterinary medical services to an
28animal patient by veterinary auxiliary personnel, if performing
29a delegated task when acting under a level of supervision by a
30supervising veterinarian under subchapter II.
31(2) Practicing animal massage therapy.
32(a) As used in this subparagraph, “animal massage therapy”
33means a method of treating the body of any animal for remedial
34or hygienic purposes through techniques that include rubbing,
35stroking, or kneading the body of the animal.
-2- 1(b) “Animal massage therapy” may be applied with or without
2the aid of a massage device that mimics the actions possible
3using human hands.
4(c) “Animal massage therapy” does not include making
5a diagnosis; prescribing a drug, including a medicine or
6biologic; performing surgery; performing chiropractic care; or
7performing acupuncture.
8 Sec. 4. Section 169.3, subsection 12, Code 2023, is amended
9by striking the subsection.
10 Sec. 5. Section 169.4, unnumbered paragraph 1, Code 2023,
11is amended to read as follows:
12A person may shall not practice veterinary medicine in the
13state who is not a licensed veterinarian or the holder of a
14valid temporary permit issued by the board. This chapter shall
15not be construed to prohibit any of the following:
16 Sec. 6. Section 169.4, subsections 2 and 10, Code 2023, are
17amended to read as follows:
182. A person who is a veterinary student in an accredited
19or approved college of veterinary medicine from performing
20duties or actions assigned by instructors an instructor of
21the college, or working acting under the direct supervision
22 direction of a licensed veterinarian or the supervision of a
23supervising veterinarian as provided in subchapter II. The
24board shall issue to any a veterinary medicine student who
25attends an accredited veterinary medicine college or school
26and who has been certified as being competent by an instructor
27of such college or school to perform veterinary duties under
28the direction of an instructor of veterinary medicine or under
29the direct supervision direction of a licensed veterinarian or
30the supervision of a supervising veterinarian, a certificate
31authorizing the veterinary medicine student to perform such
32functions.
3310. A graduate of a foreign college of veterinary medicine
34who is in the process of obtaining an ECFVG certificate for
35performing duties or actions under the direction or supervision
-3-1 of a licensed veterinarian or the supervision of a supervising
2veterinarian as provided in subchapter II.
3 Sec. 7. Section 169.4, subsection 9, Code 2023, is amended
4by striking the subsection.
5 Sec. 8. Section 169.5, subsection 7, paragraph i, Code 2023,
6is amended to read as follows:
7i. Adopt, amend, or repeal rules relating to the
8qualifications, standards of conduct for, and disciplinary
9action of veterinary auxiliary personnel providing authorized
10veterinary medical services to an animal patient under
11subchapter II. The rules may provide for the testing of
12veterinary technicians, and the revocation or suspension of
13certificates issued to veterinary assistants technicians.
14However, a certificate of registration shall not be suspended
15or revoked by less than a two-thirds vote of the entire board
16in a proceeding conducted in compliance with section 17A.12.
17 Sec. 9. Section 169.19, Code 2023, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 2A. A supervising veterinarian who
20knowingly acts in violation of subchapter II by wrongfully
21utilizing veterinary auxiliary personnel when providing
22authorized veterinary medical services to an animal patient is
23guilty of a fraudulent practice as defined in section 714.8.
24 Sec. 10. NEW SECTION. 169.31 Subchapter definitions.
251. “Accredited or approved veterinary technology program”
26means a program in veterinary technology that is accredited by
27the American veterinary medical association and an accrediting
28agency that has been approved by the United States department
29of education or its successor.
302. “Direct supervision” means a level of supervision by
31a supervising veterinarian that occurs when the supervising
32veterinarian is readily available and on the premises where an
33animal patient is being provided authorized veterinary medical
34services by veterinary auxiliary personnel.
353. “Immediate supervision” means a level of supervision by
-4-1a supervising veterinarian that occurs when the supervising
2veterinarian is in the immediate area, and within audible and
3visual range, of an animal patient and veterinary auxiliary
4personnel providing the animal patient with authorized
5veterinary medical services.
64. “Indirect supervision” means a level of supervision by
7a supervising veterinarian, other than direct supervision or
8immediate supervision, that occurs when all of the following
9apply:
10a. The supervising veterinarian is present within the
11veterinarian’s usual practice area.
12b. The supervising veterinarian has given written protocols
13or real-time oral instructions to veterinary auxiliary
14personnel for the treatment of an animal for which a licensed
15veterinarian and animal patient relationship exists.
16c. The supervising veterinarian is readily available by
17telephone or other means of immediate communication with the
18veterinary auxiliary personnel providing the animal patient
19with authorized veterinary medical services.
205. “Level of supervision” means direct supervision,
21immediate supervision, or indirect supervision.
226. “Registered veterinary technician” means a veterinary
23technician who has been issued a valid certificate of
24registration by the board pursuant to section 169.34.
257. “Supervising veterinarian” means a licensed veterinarian
26who assumes responsibility for supervising authorized
27veterinary medical services provided to an animal patient
28by veterinary auxiliary personnel acting under a level of
29supervision by the licensed veterinarian.
308. a. “Veterinary assistant” means an individual employed
31to work in veterinary practice who performs tasks at the
32direction of a licensed veterinarian.
33b. “Veterinary assistant” does not include a person who is a
34licensed veterinarian or a veterinary technician, veterinary
35student, or graduate from a foreign college of veterinary
-5-1medicine.
29. “Veterinary auxiliary personnel” means a registered
3veterinary technician, a veterinary technician who is not
4registered, a veterinary assistant, a veterinary student, or a
5graduate of a foreign college of veterinary medicine subject to
6the provisions of this subchapter.
710. “Veterinary student” means an individual currently
8admitted and in good academic standing in an accredited or
9approved college of veterinary medicine.
1011. “Veterinary technician” means an individual who has
11graduated from an accredited or approved veterinary technology
12program.
13 Sec. 11. NEW SECTION. 169.32 Supervising veterinarian.
141. A licensed veterinarian may provide veterinary medical
15services to an animal patient by acting as a supervising
16veterinarian exercising a level of supervision as provided in
17this subchapter and rules adopted by the board pursuant to this
18subchapter.
192. A licensed veterinarian shall not act as a supervising
20veterinarian until the licensed veterinarian examines the
21animal patient pursuant to acceptable practices established by
22rules adopted by the board.
233. A supervising veterinarian shall determine the
24applicable level of supervision required for veterinary
25auxiliary personnel within the limits provided in this
26subchapter and rules adopted by the board pursuant to this
27subchapter. Based on that determination, the supervising
28veterinarian shall decide the specific tasks to be delegated
29to the veterinary auxiliary personnel within the limits of the
30applicable level of supervision, subject to any applicable
31rules adopted by the board, as provided in this subchapter.
32The supervising veterinarian’s decision must be based on
33factors such as the veterinary auxiliary personnel’s training,
34experience, and skill. The supervising veterinarian is solely
35responsible for both the determination and decision.
-6-1 Sec. 12. NEW SECTION. 169.33 Veterinary auxiliary personnel
2— employment.
3A licensed veterinarian may employ any number of veterinary
4auxiliary personnel who may be delegated tasks associated with
5providing authorized veterinary medical services to an animal
6patient within the limits provided in this subchapter and rules
7adopted by the board pursuant to this subchapter.
8 Sec. 13. NEW SECTION. 169.34 Veterinary technician —
9certificate of registration.
101. The board shall issue a certificate of registration to a
11veterinary technician if all of the following apply:
12a. The veterinary technician has received a passing score on
13a national veterinary technician examination approved by the
14board.
15b. The veterinary technician has submitted a complete
16application to the board that is approved by the board subject
17to all of the following:
18(1) The application must be in a form prescribed by the
19board.
20(2) To be complete, the application must include all of the
21following:
22(a) Information and material required by the board.
23(b) A registration fee in an amount established by the
24board.
25(c) Proof as required by the board that the applicant meets
26the requirements of a veterinary technician.
272. The board may issue an endorsed certificate of
28registration to a veterinary technician if the veterinary
29technician holds a valid registration, certificate, license, or
30other authorization issued by a jurisdiction recognized by the
31board, and all of the following apply:
32a. The veterinary technician has been actively employed as a
33veterinary technician in a jurisdiction recognized by the board
34under section 169.35 for at least two thousand hours during the
35five years preceding the filing of the application with the
-7-1board.
2b. The veterinary technician has not previously failed and
3not subsequently passed a veterinarian technician certification
4examination.
5c. The veterinary technician is not subject to an
6investigation or disciplinary action which may result or has
7resulted in the suspension or revocation of a registration,
8certificate, license, or other authorization issued by a
9jurisdiction recognized by the board.
10d. The veterinary technician has submitted a complete
11application to the board that is approved by the board.
12(1) The application must be in a form prescribed by the
13board.
14(2) To be complete, the application must include all of the
15following:
16(a) Information and material required by the board.
17(b) A registration fee in an amount established by the
18board.
193. A certificate of registration issued to a veterinary
20technician under this section does not expire.
214. A veterinary technician is subject to investigation and
22disciplinary action taken by the board pursuant to section
23272C.3. However, the board shall utilize the procedures set
24forth in section 169.14.
25 Sec. 14. NEW SECTION. 169.35 Credentials of veterinary
26technicians.
271. The board shall recognize credentials of veterinary
28technicians issued by another state, a United States territory,
29and a province of Canada. The board may recognize credentials
30of veterinary technicians issued by other jurisdictions.
312. a. A person shall not use any recognized title,
32abbreviation, or sign to indicate that such person is a
33registered veterinary technician unless that person is an
34individual who has been issued a certificate of registration
35pursuant to section 169.34.
-8- 1b. A person who violates paragraph “a” commits a simple
2misdemeanor.
3 Sec. 15. NEW SECTION. 169.36 Veterinary technician — scope
4of authority.
51. A veterinary technician shall only perform tasks
6associated with providing authorized veterinary medical
7services to an animal patient under the level of supervision
8determined by the board according to rules adopted by the
9board under this subchapter. The board may determine a lower
10level of supervision is required for registered veterinary
11technicians. The board shall adopt rules designating types
12of tasks that a veterinary technician may perform under a
13determined level of supervision.
142. A veterinary technician shall not do any of the
15following:
16a. Treat floating teeth.
17b. Provide for the closure of surgical wounds and
18lacerations.
19c. Perform treatments for gingival resection.
203. A supervising veterinarian shall decide the specific
21tasks delegated to a veterinary technician for a determined
22level of supervision pursuant to section 169.32.
234. A licensed veterinarian who employs a veterinary
24technician shall alone owe the veterinarian technician the
25amount required to be paid in exchange for performing the
26delegated task.
27 Sec. 16. NEW SECTION. 169.37 Veterinary assistant — scope
28of authority.
291. A veterinary assistant shall only perform tasks
30associated with providing authorized veterinary medical
31services to an animal patient under the direct supervision of a
32licensed veterinarian. The board shall adopt rules designating
33types of tasks that a veterinary assistant may perform under
34that determined level of supervision.
352. A veterinary assistant shall not do any of the following:
-9- 1a. Treat floating teeth.
2b. Provide for the closure of surgical wounds and
3lacerations.
4c. Perform gingival resection.
53. A supervising veterinarian shall decide the specific
6tasks delegated to a veterinary assistant for the determined
7level of supervision pursuant to section 169.32.
8 Sec. 17. NEW SECTION. 169.38 Veterinary student — scope
9of authority.
101. A veterinary student shall only perform tasks associated
11with providing authorized veterinary medical services to an
12animal patient under the level of supervision determined by the
13supervising veterinarian. The determination shall be based
14on the number of academic years successfully completed by the
15veterinary student.
162. A supervising veterinarian shall decide the specific
17tasks delegated to a veterinary student for the determined
18level of supervision pursuant to section 169.32.
19 Sec. 18. NEW SECTION. 169.39 Graduate from foreign college
20of veterinary medicine — scope of authority.
211. A graduate from a foreign college of veterinary
22medicine shall only perform tasks associated with providing
23authorized veterinary medical services to an animal patient
24under the level of supervision determined by the supervising
25veterinarian. The determination shall be based on whether the
26graduate from a foreign college of veterinary medicine holds an
27ECFVG certificate.
282. A supervising veterinarian shall decide the specific
29tasks delegated to a graduate from a foreign college of
30veterinary medicine for the determined level of supervision
31pursuant to section 169.32.
32 Sec. 19. Section 714.8, Code 2023, is amended by adding the
33following new subsection:
34 NEW SUBSECTION. 22. a. Practicing veterinary medicine
35without a valid license or temporary permit issued by the board
-10-1of veterinary medicine pursuant to chapter 169, as described
2in section 169.19.
3b. Acting as a supervising veterinarian, by providing
4veterinary medical services to an animal patient in violation
5of chapter 169, subchapter II, as described in section 169.19.
6 Sec. 20. REPEAL. Section 169.20, Code 2023, is repealed.
7 Sec. 21. CODE EDITOR DIRECTIVES. The Code editor shall do
8all of the following:
91. Create a new subchapter in chapter 169 that includes
10sections 169.1 through 169.30.
112. Create a new subchapter in chapter 169 that includes
12sections 169.31 through 169.39, as enacted in this Act.
133. Correct internal references in the Code and in any
14enacted legislation as necessary due to the enactment of this
15section.
16 Sec. 22. ADMINISTRATIVE RULES. The board of veterinary
17medicine shall submit a notice of intended action to the
18administrative rules coordinator and the Iowa administrative
19code editor pursuant to section 17A.4, subsection 1, paragraph
20“a”, not later than September 1, 2023, for the adoption of
21rules required to implement this Act.
22 Sec. 23. EFFECTIVE DATE. The section of this Act requiring
23the board of veterinary medicine to submit a notice of intended
24action for the adoption of rules, being deemed of immediate
25importance, takes effect upon enactment.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29GENERAL. This bill amends the “Iowa Veterinary Practice
30Act” (Code chapter 169) regulating the practice of veterinary
31medicine by individuals receiving a doctor of veterinary
32medicine degree or equivalent (veterinarians) (amended Code
33section 162.3) and licensed by the Iowa board of veterinary
34medicine (board) by examination or endorsement (licensed
35veterinarians) (Code sections 169.4, 169.9, and 169.10). The
-11-1board may issue a temporary permit to certain members of the
2college of veterinary medicine of Iowa state university of
3science and technology or persons waiting to be licensed (Code
4sections 169.4 and 169.11). The bill provides definitions
5of terms used throughout the Code chapter and creates a
6new subchapter authorizing certain individuals to provide
7authorized veterinary medical services to animals in a manner
8that would otherwise constitute the practice of veterinary
9medicine, so long as the authorized veterinary medical services
10are provided under the supervision of a licensed veterinarian
11(supervising veterinarian).
12DEFINITIONS. The bill amends the term “animal” to expressly
13include livestock. The bill provides new definitions for
14the terms “diagnosis” and “surgery”. The bill rewrites the
15definition of “practice of veterinary medicine” to include
16an action taken for compensation that involves providing
17authorized veterinary medical services to animals, including by
18providing a diagnosis or treatment, prescribing, dispensing,
19or administering or ordering the administration of a drug or
20appliance, or taking an action associated with the prevention,
21cure, or relief of disease or injury. The term does not
22include taking an action under the direction of a supervising
23veterinarian or practicing animal massage therapy (amended Code
24section 169.3).
25SUPERVISION BY LICENSED VETERINARIAN — VETERINARY AUXILIARY
26PERSONNEL. The bill provides that a licensed veterinarian
27may act as a supervising veterinarian directing certain
28individuals in performing delegated tasks under different
29levels of supervision. Such an individual is classified as a
30veterinary auxiliary personnel and includes (1) a veterinary
31technician who has graduated from an accredited or approved
32veterinary technology program, (2) a veterinary assistant who
33has not graduated from that program, (3) a veterinary student
34attending a college of veterinary medicine, and (4) a graduate
35of a foreign college of veterinary medicine. The levels of
-12-1supervision allowing a supervising veterinarian to delegate
2tasks to veterinary auxiliary personnel include: (1) direct
3supervision in which the supervising veterinarian is on the
4premises where the animal patient is being cared for, (2)
5immediate supervision in which a supervising veterinarian is
6in the immediate area of the animal patient, and (3) indirect
7supervision in which a supervising veterinarian is available by
8telephone or other means of immediate communication.
9SUPERVISION BY LICENSED VETERINARIAN — DUTY. A licensed
10veterinarian cannot act as a supervising veterinarian until
11examining the animal patient. A supervising veterinarian must
12decide the applicable level of supervision subject to the
13requirements in the bill and the tasks that may be delegated to
14the veterinary auxiliary personnel which may be based on the
15level of supervision required and the training, experience, and
16skill of the veterinary auxiliary personnel (new Code section
17169.32).
18VETERINARY AUXILIARY PERSONNEL — CERTIFICATION OF
19VETERINARY TECHNICIAN. The bill provides for the board’s
20certification of veterinary technicians as registered
21veterinary technicians. An application may be based on
22either: (1) passing a national exam (veterinary technician
23national examination or “VTNE”) or (2) by endorsement when the
24applicant veterinary technician has been actively employed as a
25veterinarian technician in another jurisdiction for at least
262,000 hours during the prior five years. In each case, the
27application must be completed as required by the board and
28include a fee for an amount established by the board (new Code
29section 169.34). The bill provides that a person who is not
30registered commits a simple misdemeanor by wrongfully claiming
31to hold such a credential.
32VETERINARY AUXILIARY PERSONNEL — SCOPE OF AUTHORITY. Each
33type of veterinary auxiliary personnel is subject to its own
34level of supervision which includes associated tasks that
35may be delegated. For a veterinary technician, the level is
-13-1established by rules adopted by the board which also provides
2for associated tasks that may be delegated. For a veterinary
3assistant, the level is restricted to direct supervision and
4the board by rule provides for associated tasks that may be
5delegated. For a veterinary student, the level of supervision
6and the associated tasks that may be delegated are determined
7by the supervising veterinarian based on the number of academic
8years that the student has successfully completed. For a
9graduate from a foreign college of veterinary medicine, the
10level of supervision and associated tasks that may be delegated
11are also determined by the supervising veterinarian based on
12whether the graduate holds a current certificate issued by the
13American veterinary medical association educational commission
14for foreign veterinary graduates (ECFVG).
15ADMINISTRATIVE RULES. The bill requires the board to begin
16the process of adopting rules required to implement the bill’s
17provisions by September 1, 2023. These provisions take effect
18upon enactment.
19PROHIBITIONS. A person who acts in violation of
20requirements governing veterinary medicine may be guilty of
21a fraudulent practice. This includes practicing veterinary
22medicine without a valid license or temporary permit (Code
23sections 169.4, 169.11, and 714.8). The bill provides that it
24also includes a supervising veterinarian who knowingly wrongly
25utilizes veterinary auxiliary personnel to provide medical care
26to an animal (amended Code sections 169.19 and 714.8).
27PENALTIES. A simple misdemeanor is punishable by
28confinement for no more than 30 days and a fine of at least $105
29but not more than $855. The penalties for fraudulent practice
30range from a simple misdemeanor to a class “C” felony depending
31upon the amount of money or value of the property involved. A
32serious misdemeanor is punishable by confinement for no more
33than one year and a fine of at least $430 but not more than
34$2,560. An aggravated misdemeanor is punishable by confinement
35for no more than two years and a fine of at least $855 but
-14-1not more than $8,540. A class “D” felony is punishable by
2confinement for no more than five years and a fine of at least
3$1,025 but not more than $10,245. A class “C” felony is
4punishable by confinement for no more than 10 years and a fine
5of at least $1,370 but not more than $13,660 (Code sections
6714.8 to 714.14).
-15-da/ns