HSB 170

IMMUNITY FROM LIABILITY. This bill amends provisions in Code chapter 169, the “Iowa Veterinary Practice Act”, by providing that a licensed veterinarian is immune from administrative, civil, or criminal liability for actions taken while assisting in the investigation or prosecution of another person for conduct that, if true, would constitute an offense punishable as a misdemeanor or felony 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 administrative, civil, or criminal liability for cooperating in a criminal investigation; 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. _____ veterinarian from liability. Finally, the bill provides that a licensed veterinarian is immune from liability from a claim based on an act by the licensed veterinarian while assisting a municipality in rescuing a threatened animal. 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.