Bills › 90th General Assembly

HF 640Renumbered as HF 670 · March 17, 2023

Providing for veterinary medicine, including the care of animals under the supervision of a licensed veterinarian, providing penalties, and including effective date provisions

Sponsored by the House Agriculture (companion To Lsb 1917sv By Committee on Agriculture) Committee

Topics:Taxes

Same legislation: HSB 139, SSB 1183, SF 541, HF 670

Write your legislators about itWhat changed before it passed

Official bill page Lobbyist declarations One-pager to print

Where it is now

Done: IntroducedFebruary 7, 2023
Done: SubcommitteeFebruary 7, 2023
Done: House committeeFebruary 28, 2023
Skipped: Passes the HouseContinued as HF 670
Next: Senate committee
Next: Passes the Senate
Next: To the Governor
Next: Signed into law

Became HF 670 → Its progress continues under the new number. Go to HF 670 What’s a funnel?

What’s in it

AI summary This bill allows certain trained assistants and students to perform specific medical tasks on animals, including livestock, while working under the supervision of a licensed veterinarian. It updates the definition of veterinary medicine to include therapies like acupuncture and clarifies the different levels of supervision required for these workers. The changes also establish new rules for becoming a registered veterinary technician and set penalties for people practicing without a proper license.¹

Read the official explanation

GENERAL.10).11). A person who practices veterinary medicine without a valid license or permit is guilty of a fraudulent practice. The bill provides definitions of terms used throughout the Code chapter and creates a new subchapter authorizing certain individuals to provide authorized veterinary medical services to animals in a manner that would otherwise constitute the practice of veterinary medicine, so long as the authorized veterinary medical services are provided under the supervision of a licensed veterinarian (supervising veterinarian). DEFINITIONS. The bill amends the term “animal” to expressly include livestock. The bill rewrites the definition of “practice of veterinary medicine” to include complementary, alternative, or integrative therapies such as acupuncture, acutherapy, acupressure, or manipulation. The practice of veterinary medicine does not include performing animal massage. It also does not include providing authorized veterinary medical services to an animal patient by veterinary auxiliary personnel when performing a delegated task under the supervision of a supervising veterinarian as provided in the bill. SUPERVISION BY LICENSED VETERINARIAN —— VETERINARY AUXILIARY PERSONNEL. The bill provides that a licensed veterinarian may act as a supervising veterinarian directing certain individuals in performing delegated tasks under different levels of supervision. Such an individual is classified as a veterinary auxiliary personnel and includes (1) a registered veterinary technician who has graduated from an accredited or approved veterinary technology program, received a passing score on a national veterinarian technician examination, and is issued a certificate of registration by the board; (2) a veterinary technician student attending an accredited or approved technology program; (3) a veterinary assistant subject to qualifications established by the board; (4) a veterinary student attending an accredited or approved college of veterinary medicine; and (5) a graduate of a foreign college of veterinary medicine. The bill provides procedures to become certified as a registered veterinary technician, including application requirements and the payment of an application fee established by the board. The bill authorizes the board to waive qualification requirements under certain conditions. It provides that a registration recognized prior to July 1, 2024, remains in effect. It also provides that a person who falsely uses a credential of a registered veterinary technician commits a simple misdemeanor. The levels of supervision allowing a supervising veterinarian to delegate tasks to veterinary auxiliary personnel include: (1) direct supervision in which the supervising veterinarian is on the premises where the animal patient is being cared for, (2) immediate supervision in which a supervising veterinarian is in the immediate area of the animal patient, and (3) indirect supervision in which a supervising veterinarian has given protocols or instructions to the veterinary auxiliary personnel and is available by telephone or other means of immediate communication. SUPERVISION BY LICENSED VETERINARIAN —— DUTY. The board is required to adopt rules providing for when a licensed veterinarian must exercise direct supervision, immediate supervision, or indirect supervision for each category of auxiliary veterinary personnel providing authorized veterinary medical services to an animal patient. The supervising veterinarian may provide more supervision than required by the board. Auxiliary personnel cannot be delegated a task relating to making a diagnosis, issuing a prescription, or performing surgery. A registered veterinary technician may in certain circumstances perform equine floating teeth services but cannot provide gingival resection. Veterinary auxiliary personnel may be employed by a person if a supervising veterinarian practices at the same place of business. UNAUTHORIZED PRACTICE OF VETERINARY MEDICINE. The bill amends provisions describing a fraudulent practice by providing that a person who practices veterinary medicine without a valid license or valid permit issued by the board commits a fraudulent practice. ADMINISTRATIVE RULES. The bill requires the board to begin the process of adopting rules required to implement the bill’s provisions by January 1, 2024. These provisions take effect upon enactment. PENALTIES. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855. The penalties for fraudulent practice range from a simple misdemeanor to a class “C” felony depending upon the amount of money or value of the property involved. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.14). EFFECTIVE DATE. Other than the provision requiring the adoption of rules by the board, the bill takes effect July 1, 2024.

Changed since by amendments S-3163, H-1212; see Amendments.

Full bill text · What changed before it passed²

House subcommittee

Named March 14, 2023. On March 15, 2023 it recommended passage. Vote Total: 3-0.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Fiscal note

AI summary This bill changes definitions related to veterinary medicine and allows certain trained individuals to provide veterinary services under the supervision of a licensed veterinarian. The fiscal impact on the state's General Fund, including costs for the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections, cannot be estimated due to a lack of existing conviction data.³

Read the fiscal note

Description

House File 670 adds and changes various definitions related to veterinary medicine in the Iowa Code. The Bill also does the following:

Authorizes certain individuals to provide authorized veterinary medical services under the direct supervision of a licensed veterinarian.
Changes the definition of “practice of veterinary medicine” to include veterinary acupuncture, acutherapy, acupressure, manipulative therapy based on techniques of osteopathy and chiropractic medicine, or other similar therapies as specified by the Board of Veterinary Medicine.
Defines “veterinary auxiliary personnel” as a veterinary assistant, registered veterinary technician, veterinary student, veterinary technician student, or graduate of a foreign college of veterinary medicine who does not have a veterinary license or temporary permit.
Provides the level of supervision required to delegate tasks to veterinary auxiliary personnel.
Establishes the duties of a supervising veterinarian, registered veterinary technician, registered veterinary technician student, and graduate of a foreign veterinary college.
Requires the Board of Veterinary Medicine to issue certificates of registration to qualified veterinary technicians and provides the procedures for certification, as well as the renewal of certification. A certificate of registration issued prior to July 1, 2024, does not expire.
Creates a simple misdemeanor if a person falsely indicates that the person is a registered veterinary technician.
Adds practicing veterinary medicine without a valid license or temporary permit to Iowa Code section 714.8 on fraudulent practice.
Directs the Board of Veterinary Medicine to submit rules to implement this Bill prior to January 1, 2024.

This Bill is effective July 1, 2024; however, the section of the Bill that requires the Board of Veterinary Medicine to adopt administrative rules takes effect upon enactment.

Background

Iowa Code chapter 169 regulates veterinary practice, including the licensing requirements and exceptions. Currently, the practice of veterinary medicine means to, for a fee, diagnose, treat, correct, change, relieve, or prevent any animal disease, deformity, defect, injury, or other physical or mental conditions or cosmetic surgery. This includes the prescription or administration of any drug, medicine, biologic, apparatus, anesthetic or diagnostic substance, or technique to evaluate or correct sterility or infertility. The practice also includes representing oneself as willing to perform acts listed as veterinary practice and to use any title, words, abbreviation, or letters in a manner that would give the belief that a person is qualified to practice veterinary medicine.

A person may not practice veterinary medicine in the State unless the person is a licensed veterinarian or has a valid temporary permit issued by the Board of Veterinary Medicine. The Board issues certificates to veterinary medicine students who have been certified by an instructor to practice veterinary medicine. In addition, a veterinary assistant employed by a licensed veterinarian may be certified to practice veterinary medicine, except for diagnosing, prescribing, or performing surgery, if the veterinary assistant has met educational, experience, and testing requirements established by the Board.

The penalty for fraudulent practice ranges from a simple misdemeanor to a Class C felony depending on the amount of money or value of property or services involved. A Class C felony is punishable by confinement for up to 10 years and a fine of at least $1,370 but not more than $13,660. A Class D felony is punishable by confinement for up to five years and a fine of at least $1,025 but not more than $10,245. An aggravated misdemeanor is punishable by confinement for up to two years and a fine of at least $855 but not more than $8,540. A serious misdemeanor is punishable by confinement for up to one year and a fine of at least $430 but not more than $2,560. A simple misdemeanor is punishable by confinement for up to 30 days and a fine of at least $105 but not more than $855.

Assumptions

The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices.
A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.

Correctional Impact

House File 670 creates a new simple misdemeanor if a person falsely indicates they are a registered veterinary technician. The Bill also expands the violation of fraudulent practice and adds practicing veterinary medicine without a valid license to the definition of fraudulent practices. The correctional impact cannot be estimated for the Bill due to a lack of existing conviction data. There have been no convictions under Iowa Code chapter 169 in FY 2022. Table 1 below shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS under those supervisions; and supervision marginal costs per day for all convictions of Class C felonies, Class D felonies, aggravated misdemeanors, and serious misdemeanors. A conviction for a simple misdemeanor does not result in a prison sentence, but does carry the possibility of confinement for up to 30 days. Marginal county jail costs are estimated to be $50 per day. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 20, 2023, for information related to the correctional system.

Table 1 — Sentencing Estimates and Length of Stay (LOS)Conviction

Offense Class

Percent

Ordered

to State

Prison

FY 22 Avg

LOS In

Prison In

Months (All Releases) FY 22

Marginal

Cost Per

Day

Prison

Percent

Ordered

Probation

FY 22 Avg

LOS on

Probation

In Months

FY 22 Avg

Cost Per

Day

Probation

Percent

Sentenced

to CBC

Residential

Facility

FY 22

Marginal

Cost Per

Day CBC

Percent

Ordered

County

Jail

Marginal

Cost Per

Day Jail

FY 22

Avg LOS

Parole In

Months

FY 22

Marginal

Cost Per

Day

Parole

C Felony

(Non-Persons) 84.2% 20.9 $23.42 67.4% 38.7 $7.27 12.0% $20.67 31.5% $50.00 22.8 $7.27

D Felony

(Non-Persons) 83.9% 13.9 $23.42 68.0% 33.5 $7.27 13.3% $20.67 31.4% $50.00 15.5 $7.27

Aggravated

Misdemeanor

(Non-Persons) 31.4% 7.5 $23.42 45.6% 20.7 $7.27 3.3% $20.67 72.2% $50.00 8.2 $7.27

Serious

Misdemeanor 1.9% 5.5 $23.42 51.2% 13.7 $7.27 0.9% $20.67 73.3% $50.00 0.5 $7.27

Minority Impact

House File 670 establishes a new simple misdemeanor and also adds practicing veterinary medicine without a license or permit to the fraudulent practice violations. As a result, the Division of Criminal and Juvenile Justice Planning (CJJP) of the Department of Human Rights cannot use existing data to estimate the minority impact of the Bill. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 20, 2023, for information related to minorities in the criminal justice system.

Fiscal Impact

House File 670 establishes a new simple misdemeanor and adds practicing veterinary medicine without a license or permit to the fraudulent practice violations. The fiscal impact cannot be estimated due to a lack of existing conviction data. Table 2 below shows the average State cost per offense for a Class C felony, Class D felony, aggravated misdemeanor, serious misdemeanor, and simple misdemeanor. The estimated impact to the State General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections (DOC). The cost would be incurred across multiple fiscal years for prison and parole supervision.