Proyectos de ley › 90.ª Asamblea General
HSB 139
Dónde está ahora
- Hecho: Presentado7 de febrero de 2023
- Hecho: Subcomité7 de febrero de 2023
- Hecho: Comité de la Cámara28 de febrero de 2023
- Se saltó: Lo aprueba la CámaraSigue como HF 640
- Sigue: Comité del Senado
- Sigue: Lo aprueba el Senado
- Sigue: A gobernador(a)
- Sigue: Firmado como ley
Ahora es HF 640 → Sigue avanzando con el número nuevo. Ir a HF 640 ¿Qué es el embudo (funnel)?
Qué contiene
Resumen con IA This bill allows licensed veterinarians to supervise other people, such as technicians, assistants, and students, while they provide medical care to animals. It clarifies that the term "animal" includes livestock and sets different rules for how much supervision these workers need based on their training. Additionally, the bill creates a way for veterinary technicians to become registered through exams or work experience. (Todavía no está traducido al español.)1
Lea la explicación oficial (en inglés)
GENERAL.10).11). 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 provides new definitions for the terms “diagnosis” and “surgery”. The bill rewrites the definition of “practice of veterinary medicine” to include an action taken for compensation that involves providing authorized veterinary medical services to animals, including by providing a diagnosis or treatment, prescribing, dispensing, or administering or ordering the administration of a drug or appliance, or taking an action associated with the prevention, cure, or relief of disease or injury.3). 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 veterinary technician who has graduated from an accredited or approved veterinary technology program, (2) a veterinary assistant who has not graduated from that program, (3) a veterinary student attending a college of veterinary medicine, and (4) a graduate of a foreign college of veterinary medicine. _____ 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 is available by telephone or other means of immediate communication. SUPERVISION BY LICENSED VETERINARIAN —— DUTY. A licensed veterinarian cannot act as a supervising veterinarian until examining the animal patient.32). VETERINARY AUXILIARY PERSONNEL —— CERTIFICATION OF VETERINARY TECHNICIAN. The bill provides for the board’s certification of veterinary technicians as registered veterinary technicians. An application may be based on either: (1) passing a national exam (veterinary technician national examination or “VTNE”) or (2) by endorsement when the applicant veterinary technician has been actively employed as a veterinarian technician in another jurisdiction for at least 2,000 hours during the prior five years.34). The bill provides that a person who is not registered commits a simple misdemeanor by wrongfully claiming to hold such a credential. VETERINARY AUXILIARY PERSONNEL —— SCOPE OF AUTHORITY. Each type of veterinary auxiliary personnel is subject to its own level of supervision which includes associated tasks that may be delegated. _____ established by rules adopted by the board which also provides for associated tasks that may be delegated. For a veterinary assistant, the level is restricted to direct supervision and the board by rule provides for associated tasks that may be delegated. For a veterinary student, the level of supervision and the associated tasks that may be delegated are determined by the supervising veterinarian based on the number of academic years that the student has successfully completed. For a graduate from a foreign college of veterinary medicine, the level of supervision and associated tasks that may be delegated are also determined by the supervising veterinarian based on whether the graduate holds a current certificate issued by the American veterinary medical association educational commission for foreign veterinary graduates (ECFVG). ADMINISTRATIVE RULES. The bill requires the board to begin the process of adopting rules required to implement the bill’s provisions by September 1, 2023. These provisions take effect upon enactment. PROHIBITIONS. A person who acts in violation of requirements governing veterinary medicine may be guilty of a fraudulent practice.8).8). 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. _____ 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).
Cambiado después por las enmiendas S-3163, H-1212; vea Enmiendas.
Texto completo del proyecto (en inglés) · Qué cambió antes de aprobarse2
House subcommittee
Named February 7, 2023. On February 8, 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
Nota fiscal
Resumen con IA 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. (en inglés)3
Lea la nota fiscal (en inglés)
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
to
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
to
County
Jail
Marginal
Cost Per
Day Jail
FY 22
Avg LOS
on
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.
Sources
- Division of Criminal and Juvenile Justice Planning, Department of Human Rights
- Legislative Services Agency
- Final Fiscal Note — Veterinary Auxiliary Personnel · 9 de mayo de 2023
- Veterinary Auxiliary Personnel · 14 de abril de 2023
- Veterinary Auxiliary Personnel · 20 de marzo de 2023
- Veterinary Auxiliary Personnel · 10 de marzo de 2023
Lo que cambia del Código de Iowa (Iowa Code)
Crea§169.31§169.32§169.33§169.34§169.35§169.36§169.37§169.38§169.39
Modifica§169.19§169.3§169.4§169.5§714.8
Deroga§169.20
Cabildeo
6 a favor · 0 en contra · 16 indecisos · Quiénes →
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