View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0381........................................................by MR. SPEAKER
Requested by: Idaho State Board of Veterinary Medicine
VETERINARY MEDICINE - Amends and adds to existing law governing the Idaho
Board of Veterinary Medicine; to provide definitions; to require an active
license; to provide exceptions; to provide requirements for the Board of
Veterinary Medicine; to provide requirements for license applications; to
provide for licensing without taking the clinical competency test; to
provide requirements for temporary permits; to provide for renewal of
license; to provide for inactive status licensing; to provide for
expiration of licenses; to provide for corporate practice; to provide that
unauthorized practice is a misdemeanor; to provide disciplinary actions and
grounds for such actions; to provide violations; to increase penalties; to
provide for calculation of multiple offenses; to provide who may bring an
action to enjoin violations; to provide a reference to the Attorney
General's Office; and to make technical corrections.
01/17 House intro - 1st rdg - to printing
Rpt prt - to Agric Aff
H0381|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 381 BY MR. SPEAKER Requested by: Idaho State Board of Veterinary Medicine 1 AN ACT 2 RELATING TO THE IDAHO BOARD OF VETERINARY MEDICINE; AMENDING SECTION 54-2103, 3 IDAHO CODE, TO PROVIDE DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS; 4 AMENDING SECTION 54-2104, IDAHO CODE, TO REQUIRE AN ACTIVE LICENSE AND TO 5 PROVIDE EXCEPTIONS; AMENDING SECTION 54-2105, IDAHO CODE, TO PROVIDE 6 REQUIREMENTS FOR THE BOARD OF VETERINARY MEDICINE AND TO MAKE TECHNICAL 7 CORRECTIONS; AMENDING SECTION 54-2107, IDAHO CODE, TO PROVIDE REQUIREMENTS 8 FOR LICENSE APPLICATIONS; AMENDING SECTION 54-2110, IDAHO CODE, TO PROVIDE 9 FOR LICENSING WITHOUT TAKING THE CLINICAL COMPETENCY TEST; AMENDING SEC- 10 TION 54-2111, IDAHO CODE, TO PROVIDE REQUIREMENTS FOR TEMPORARY PERMITS; 11 AMENDING SECTION 54-2112, IDAHO CODE, TO PROVIDE FOR RENEWAL OF LICENSES, 12 TO PROVIDE FOR INACTIVE STATUS LICENSING, TO PROVIDE FOR EXPIRATION OF 13 LICENSES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 21, TITLE 54, 14 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-2113, IDAHO CODE, TO PRO- 15 VIDE FOR CORPORATE PRACTICE; AMENDING CHAPTER 21, TITLE 54, IDAHO CODE, BY 16 THE ADDITION OF A NEW SECTION 54-2114, IDAHO CODE, TO PROVIDE THAT UNAU- 17 THORIZED PRACTICE IS A MISDEMEANOR; AMENDING SECTION 54-2113, IDAHO CODE, 18 TO REDESIGNATE THE SECTION AND TO PROVIDE DISCIPLINARY ACTIONS AND GROUNDS 19 FOR SUCH ACTIONS; AMENDING SECTION 54-2115, IDAHO CODE, TO REDESIGNATE THE 20 SECTION AND TO PROVIDE A REFERENCE TO THE ADMINISTRATIVE PROCEDURE ACT; 21 AMENDING SECTION 54-2116, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO 22 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-2117, IDAHO CODE, TO 23 REDESIGNATE THE SECTION, TO PROVIDE FOR VIOLATIONS, TO INCREASE PENALTIES, 24 TO PROVIDE FOR CALCULATION OF MULTIPLE OFFENSES AND TO PROVIDE WHO MAY 25 BRING AN ACTION TO ENJOIN VIOLATIONS; AMENDING SECTION 54-2118, IDAHO 26 CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 54-2119, IDAHO CODE, TO 27 REDESIGNATE THE SECTION AND TO PROVIDE A REFERENCE TO THE ATTORNEY 28 GENERAL'S OFFICE; AMENDING SECTION 54-2120, IDAHO CODE, TO REDESIGNATE THE 29 SECTION AND TO MAKE A TECHNICAL CORRECTION; AND PROVIDING AN EFFECTIVE 30 DATE. 31 Be It Enacted by the Legislature of the State of Idaho: 32 SECTION 1. That Section 54-2103, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 54-2103. DEFINITIONS. As used in this chapter: 35 (1) "Accredited continuing education activity" means a course, seminar, 36 scientific program or any other activity approved by the board or its desig- 37 nees for continuing education credit. 38 (2) "Accredited school of veterinary medicine" means any veterinary col- 39 lege or division of a university or college that offers the degree of doctor 40 of veterinary medicine, veterinary medicine doctor, or its equivalent and is 41 accredited by the American veterinary medical association. 42 (3) "Allied health professional" means a personcurrently licensedhold- 43 ing a current license, in good standing, in any state to practice one (1) of 2 1 the healing arts including, but not limited to medicine, dentistry, osteopa- 2 thy, chiropractic, acupuncture and podiatry. 3 (4) "Anesthetized" means any condition of general anesthesia, caused by 4 the administration of a drug or combination of drugs in sufficient quantity to 5 produce a state of unconsciousness or disassociation and blocked response to a 6 given pain or alarm stimulus. At a minimum, each anesthetized patient shall be 7 under continuous observation until the swallowing reflex has returned. 8 (35) "Animal" means any animal other than man and includes fowl, birds, 9 fish and reptiles, wild or domestic, living or dead. 10 (46) "Assistant" means any individual who is employed by an actively 11 licensed veterinarian to perform acts pertaining to the practice of veterinary 12 medicine and receives compensation for such acts from the employing veterinar- 13 ian but is not a certified veterinary technician or licensed veterinarian. 14 (57) "Board" means the state board of veterinary medicine. 15 (68) "Certified euthanasia agency" or "C.E.A." means anlaw enforcement 16 agency, an animal control agency or a society for the prevention of cruelty to 17 animals, which has been inspected, licensedand certified by the euthanasia 18 task force or the board. 19 (79) "Certified euthanasia technician" or "C.E.T." means: 20 (a) A person employed by a certified euthanasia agency, a law enforcement21agency, an animal control agency, a society for the prevention of cruelty22to animals,or working under the indirect supervision of a licensed veter- 23 inarian, but not to include an individualsemployed as a techniciansby 24 animal research laboratories, who is instructed, licensedand certified by 25 the euthanasia task force or the board as defined in the rules of the 26 board. 27 (b) Any person who is trained prior to December 31, 1992, in euthanasia 28 methods, in a course approved by the board, may be certified upon presen- 29 tation of evidence of such training to either the euthanasia task force or 30 the board. 31 (10) "Certified veterinary technician" means a person who has fulfilled 32 the certification requirements prescribed by board rule and has been certified 33 by the board to practice veterinary technology in this state. 34 (811) "Consultation" means a deliberation between two (2) or more veteri- 35 narians concerning the diagnosis of a disease or the proper management of the 36 case. 37 (912) "Credit hour" means fifty (50) minutes of participation in an 38 accredited continuing education activity. 39 (103) "Dentistry" is the practice of veterinary medicine and means:40(a) Tthe application or use of any instrument or device to any portion of 41 an animal's tooth, gum or any related tissue for the prevention, cure or 42 relief of any wound, fracture, injury, disease or other condition of an 43 animal's tooth, gum or related tissue; and. Dentistry includes, but is not 44 limited to: 45 (a) "Operative dentistry/oral surgery" or any other dental procedure that 46 invades the hard or soft oral tissue including a procedure that alters the 47 structure of one (1) or more teeth, or repairs damaged and diseased teeth, 48 or the deliberate extraction of one (1) or more teeth; and 49 (b) "Preventive dental procedures" including, but not limited to, the 50 removal of calculus, soft deposits, plaque, stains, floating to shape the 51 teeth or the smoothing, filing or polishing of tooth surfaces above the 52 gum line. 53 (114) "Direct supervision" means the supervisor is on the premises where 54 the animal is being treated and is quickly and easily available and the animal 55 has been examined byathe supervising veterinarian as acceptable veterinary 3 1 medical practice requires. 2 (15) "Discipline" means board action including, but not limited to: 3 (a) Refusing to issue, renew or reinstate a license, permit or certifica- 4 tion to practice as a licensed veterinarian, a certified veterinary tech- 5 nician, a certified euthanasia agency or a certified euthanasia techni- 6 cian; 7 (b) Denial, revocation, suspension, sanction, probation or voluntary sur- 8 render of a license, permit or certification to practice as a licensed 9 veterinarian, a certified veterinary technician, a certified euthanasia 10 agency or a certified euthanasia technician; 11 (c) The ability to enter into consent agreements and negotiated settle- 12 ments with licensed veterinarians, certified veterinary technicians, cer- 13 tified euthanasia agencies and certified euthanasia technicians. 14 (126) "Emergency" means that the animal has been placed in a life- 15 threatening condition where immediate treatment is necessary to sustain life. 16 (137) "Emergency veterinary hospital" means a facility in whichprovides17 veterinary servicesat all times including weekends and legal holidaysare 18 provided by either a "veterinarian on premises" or "veterinarian on call." 19 (148) "Euthanasia task force" means a task force established by the board 20 for the purposes of training, examining,licensing,certifying and inspecting 21 certified euthanasia agencies and certified euthanasia technicians. 22 (19) "Extra label use" means the actual or intended use of a human or vet- 23 erinary drug in an animal in a manner that is not in accordance with the 24 drug's labeling. 25 (20) "Floating" means shaping the posterior (cheek) teeth and the incisors 26 (cutting teeth) in horses, mules and donkeys through the use of hand floats, 27 rasps, burs, mechanical files or other file-like instruments to restore bal- 28 ance, allow more efficient mastication, and reduce pain and trauma to the 29 periodontal tissues. 30 (21) "Herd, litter or flock" of animals means animals managed as a group 31 for purposes including, but not limited to, breeding, sale, show or food pro- 32 duction. 33 (1522) "Immediate supervision" means the supervisor is in the immediate 34 area,andin audible and visual range of the animal patient and the person 35 treating the patient and the animal has been examined by the supervising vet- 36 erinarian as acceptable veterinary medical practice requires. 37 (23) "In good standing" means that an applicant: 38 (a) Has not been the recipient of any administrative penalties regarding 39 his practice of veterinary medicine including, but not limited to, fines, 40 formal reprimands, license suspensions or revocations (except for license 41 revocations for nonpayment of license renewal fees) or probationary limi- 42 tations, or has not entered into any consent agreement or negotiated set- 43 tlement that contains conditions placed by a board on his professional 44 conduct and practice, including voluntary surrender of a license; and 45 (b) Has never had his United States drug enforcement administration priv- 46 ileges restricted or revoked; and 47 (c) Is not currently under investigation by another veterinary licensing 48 authority for acts which would provide a basis for disciplinary action in 49 this state, as determined by the board; and 50 (d) Has no physical or mental impairment related to drugs, alcohol, or a 51 finding of mental incompetence by a physician, that would limit the 52 applicant's ability to undertake the practice of veterinary medicine in a 53 manner consistent with the safety of a patient or the public; and 54 (e) Has not been convicted of a felony as defined in chapter 1, title 18, 55 Idaho Code; and 4 1 (f) Has no criminal conviction record nor pending criminal charge relat- 2 ing to an offense the circumstances of which substantially relate to the 3 practice of veterinary medicine. Applicants who have criminal conviction 4 records or pending criminal charges shall require appropriate authorities 5 to provide information about the record or charge directly to the board in 6 sufficient detail to enable the board to make a determination whether the 7 record or charge is substantially related to the practice of veterinary 8 medicine. 9 (1624) "Indirect supervision" means the supervisor is not on the premises 10 but is available for immediate contact by telephone, radio or other means, has 11 given either written or oral instructions for treatment of the animal patient, 12andthe animal has been examined byathe supervising veterinarian as accept- 13 able veterinary medical practice requires, and the animal,is not in a surgi-14cal plane of anesthesiaif previously anesthetized, has recovered to the point 15 of being conscious and sternal. 16 (25) "Legend/Prescription drug" means any drug which, under federal law, 17 regulation or rule, is required, prior to being distributed, to be labeled 18 with the following statement: "Caution: Federal law restricts this drug to be 19 used by or on the order of a licensed veterinarian," or a drug which is 20 required by any state or federal law, rule or regulation to be distributed 21 pursuant to a prescription or used by licensed practitioners only. 22 (1726) "Liaison officer" means the veterinary board member whose four (4) 23 year board member term has expired and who serves a fifth year advising the 24 board, reviewing and mediating complaints and performing other tasks assigned 25 by the board. 26 (1827) "Licensed veterinarian" means a person who is validly and currently 27 licensed to practice veterinary medicine in this state. 28 (28) "Malpractice" means, but is not limited to: 29 (a) Treatment in a manner contrary to accepted veterinary practices and 30 with injurious results; or 31 (b) Any professional misconduct or unreasonable lack of professional 32 skill or fidelity in the performance of the professional practice of vet- 33 erinary medicine; or 34 (c) Failure to provide adequate supervision, except in an emergency situ- 35 ation; or 36 (d) Allowing an unqualified individual to perform a procedure that is 37 part of the practice of veterinary medicine; or 38 (e) The negligent practice of veterinary medicine, as determined by the 39 standard of practice for the area, that results in injury, unnecessary 40 suffering or death. 41 (29) "Medical incompetence" means lacking in sufficient medical knowledge 42 or skills or both to a degree likely to endanger the health of patients. 43 (1930) "Mobile clinic" means a vehicle including, but not limited to, a 44 camper, motor home, trailer or mobile home, used as a veterinary medical 45 facility. A mobile clinic is not required for house calls or farm calls. 46 (31) "Owner/Ownership" means ownership as defined by the laws of property 47 and ownership, chapter 1, title 55, and chapter 1, title 73, Idaho Code. 48 (2032) "Person" means any individual, firm, partnership, association, 49 joint venture, cooperative and corporation, or any other group or combination 50 acting in concert; and whether or not acting as principal, trustee, fiduciary, 51 receiver, or as any other kind of legal or personal representative, or as the 52 successor in interest, assignee, agent, factor, servant, employee, director, 53 officer, or any other representative of such person. 54 (33) "Physical or mental incompetence" means the veterinarian's ability to 55 practice veterinary medicine with reasonable skill and safety is impaired by 5 1 reason of illness, excessive use of alcohol, drugs, narcotics, chemicals or 2 any other substance, or as a result of any mental or physical disability. 3 (2134) "Practice of veterinary medicine" includes veterinary surgery, 4 obstetrics, dentistry, and all other branches, therapeutic options, alterna- 5 tive therapies or specialties of veterinary medicine and means: 6 (a) To diagnose, treat, correct, change, relieve, or prevent animal dis- 7 ease, deformity, defect, injury, or other physical or mental conditions; 8 including the prescription or administration of any drug, medicine, bio- 9 logic, apparatus application, anesthetic, or other therapeutic or diagnos- 10 tic substance or technique, and the use of any obstetrical procedure or 11 any manual or mechanical procedure for artificial insemination, for test- 12 ing or examining for pregnancy, fertility evaluation, embryo transplant, 13 grading of fresh semen, or the implantation of any microchip, electronic 14 or other device for the purpose of establishing or maintaining positive 15 identification of animals, or to render advice or recommendation with 16 regard to any of the above. 17 (b) To represent, directly or indirectly, publicly or privately, an abil- 18 ity and willingness to do any act described in subsection (2134)(a) of 19 this section. 20 (c) To use any title, words, abbreviations or letter in a manner or under 21 circumstances which induce the belief that the person using them is quali- 22 fied to do any act described in subsection (2134)(a) of this section, 23 except where such person is a licensed veterinarian. 24 (2235) "Professional supervision" means the supervisor is in daily contact 25 by telephone, radio or other means with the temporary licensee. 26 (236) "Referral" means the transfer of responsibility for diagnosis and 27 treatment from the referring veterinarian to the receiving veterinarian, or 28 from the referring veterinarian to the board-certified specialist, or from the 29 referring veterinarian to an allied health professional, or to recommend the 30 administration of a noninvasive therapeutic option or alternative therapy to 31 an assistant. 32 (37) "Regular employee" means a person who performs services for the 33 animal's owner other than, or in addition to, feeding, boarding, castrating 34 and dehorning, but does not include independent contractors, temporary full- 35 time or temporary part-time employees or agents. 36 (38) "Supervision" means the action or process of directing activities or 37 a course of action, and pertains to any and all employees of the veterinarian. 38(24) "School of veterinary medicine" means any veterinary college or divi-39sion of a university or college that offers the degree of doctor of veterinary40medicine or its equivalent and that conforms to the standards required for41accreditation by the American veterinary medical association.42 (2539) "Supervisor" means an actively licensed veterinarian employingor43 and utilizing the services of a temporary licensee, certified veterinary tech- 44 nician, veterinary technician with a temporary certification, veterinary 45 assistant,orcertified euthanasia technician, or as provided by rule. A 46 supervisor shall be individually responsible and liable, regardless of the 47 supervision provided, for all damages arising out of his own acts or omissions 48 or for the performance of the acts and omissions delegated to the temporary 49 licensee, certified veterinary technician, veterinary assistant or certified 50 euthanasia technician. Nothing herein shall be construed torelievedeprive 51 the board of its disciplinary authority with respect to the temporary licen- 52 sees, certified veterinary technicians, veterinary assistants or certified 53 euthanasia technicians.of any responsibility or liability for any of their54own acts and omissions.55 (2640) "Therapeutic options oralternatealternative therapies" include, 6 1 but are not limited to, the veterinary practice of acupuncture,chiropractic,2 magnetic field therapy, herbology/naturopathic medicine, homeopathic medicine, 3 the use of therapeutic ultrasound equipment, and noninvasive therapeutic 4 options or alternative therapies that do not penetrate the body cavity includ- 5 ing, but not limited to, chiropractic manipulation, ultrasound therapy, holis- 6 tic medicine,homeopathy, herbology/naturopathy,massage, musculoskeletal 7 manipulation, and physical therapy. 8 (a)Diagnostic evaluationA medical examination by an actively licensed 9 veterinarian is required prior to the application of any of theseoptions10ortherapies. 11 (b) Noninvasive therapeutic options or alternative therapies may be per- 12 formed upon referral from and under the indirect supervision of a licensed 13 veterinarian; provided that chiropractic care and acupuncture may only be 14 performed by an allied health professional in the disciplines of 15 chiropractics or acupuncture, as provided by law. In the event the 16 patient's owner desires to use therapeutic options or alternative thera- 17 pies on the patient, the veterinarian must first inform the patient's 18 owner of the availability of conventional treatments. 19 (41) "Unethical or unprofessional conduct" means to knowingly engage in 20 conduct of a character likely to deceive or defraud the public, false or mis- 21 leading advertising or solicitation, obtaining any fee or compensation by 22 fraud or misrepresentation, sharing office space and working in conjunction 23 with any person illegally practicing veterinary medicine, employing either 24 indirectly or directly an unlicensed or uncertified person to perform acts 25 pertaining to the practice of veterinary medicine, except as provided by stat- 26 ute or rule, or the violation of any law or rules adopted by the board per- 27 taining to unethical or unprofessional conduct, or that provide a code of pro- 28 fessional conduct to be followed and carried out by persons licensed or certi- 29 fied by the board. 30 (42) "Unlicensed practice" means: 31 (a) The practice of veterinary medicine without a valid, unexpired, unre- 32 voked, and unsuspended active license or certification in this state to do 33 so, except as provided by statute or rule; or 34 (b) Representing one's self through offerings, advertisements or use of 35 professional titles or designations as being qualified to practice veteri- 36 nary medicine. 37 (2743) "Veterinarian" means a person who has received a doctor's degree in 38 veterinary medicine from an accredited school of veterinary medicine or as 39 otherwise provided by statute or rule. 40 (2844) "Veterinarian on premises" means a veterinarian is actually present 41 at thehospitalveterinary medical facility andwhois prepared to render vet- 42 erinary services. 43 (2945) "Veterinarian on call" means a veterinarian is not present at the 44hospitalveterinary medical facility, but is able to respond within a reason- 45 able time to requests for emergency veterinary services and has been desig- 46 nated to so respond. 47 (3046) "Veterinary medical facility" means any premise, unit, structure or 48 mobile unit used or controlled by a veterinarian for the practice of veteri- 49 nary medicine and where any animal is received or confined to be examined, 50 diagnosed or treated medically, surgically or prophylactically. This does not 51 include the owner's animal on the owner's premises. 52(31) "Veterinary medicine" includes veterinary surgery, obstetrics, den-53tistry, and all other branches or specialties of veterinary medicine.54 (3247) "Veterinary technician" means a person who has graduated from a 55 veterinary technology program accredited by the American veterinary medical 7 1 association or a person who has received equivalent training as recognized by 2 the Idaho board of veterinary medicine. 3 (3348) "Veterinary technology" means the performance of services within 4 thefieldpractice of veterinary medicine by a person employed by a licensed 5 veterinarian to performsuchduties that require an understanding of veteri- 6 nary medicineas are requiredin order to carryingout the orders of the vet- 7 erinarian. However, such services shall not include prognosis, diagnosis, 8 operative dentistry, deliberate tooth extraction procedures or the prescribing 9 of treatment or performing surgery of any kind. 10 SECTION 2. That Section 54-2104, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 54-2104. LICENSE A PREREQUISITE TO PRACTICE -- EXCEPTIONS. (1) No person 13 may practice veterinary medicine in the state who is not an actively licensed 14 veterinarian or the holder of a valid temporary permit issued by the board. 15 (2) This chapter shall not be construed to prohibit: 16 (a) A veterinarian employed by the federal, state,or local government 17 from performing his official duties specifically required under any lawful 18 act or statute, except that this exemption shall not apply to such persons 19 not actively engaged in performing or fulfilling their official duties and 20 responsibilities. 21 (b) A person who is a regular student currently enrolled and in good 22 standing ina veterinaryan accredited school of veterinary medicine, vet- 23 erinary science department or an educational institution accredited by the 24 Idaho state board of education from performing duties or actions assigned 25 by his instructors, or from working under the direct supervision of an 26 actively licensed veterinarian during a school vacation period. The 27 unsupervised or unauthorized practice of veterinary medicine by a student, 28 even though on the premises of an accredited school of veterinary medi- 29 cine, veterinary science department, an educational institution accredited 30 by the Idaho state board of education or at a veterinary medical facility, 31 is prohibited. 32 (c) A person who is a regular student currently enrolled and in good 33 standing in a nonaccredited educational institution, that is registered 34 with and holds a valid certificate of compliance issued by the Idaho state 35 board of education, from performing duties or actions assigned by his 36 instructors. This exemption does not include the administration of con- 37 trolled substances or legend/prescription drugs, unless specifically 38 allowed by state or federal law, rule or regulation. The unsupervised or 39 unauthorized personal practice of veterinary medicine by a student on the 40 premises of a nonaccredited educational institution is prohibited. 41 (cd) Idaho extension personnel from performing their official duties. 42 (de) A veterinarianregularly licensedholding a current, active license, 43 in good standing, in another state, from consulting with a licensed veter- 44 inarian in this state. 45 (ef) Any merchant or manufacturer from selling nonprescription and 46 noncontrolled medicines, biologics, feed, medicated feed, appliances or 47 other products for the prevention or treatment of animal and poultry dis- 48 eases. Such merchants or manufacturers shall not, either directly or indi- 49 rectly, attempt to diagnose a symptom or disease in order to advise treat- 50 ment, use of drugs, medicines, appliances or products. 51 (fg) A farmer, rancher or feedlot operator, including custom ranch or 52 feedlot operators, a stock rancher, and their regular employees,or agents53thereof,from caring for and treating animals within their possession or 8 1 control,including castration or dehorning, orwhen such animals have been 2 consigned by their legal owner and except where the ownership or posses- 3 sion of the animal was transferred or the employment changed to circumvent 4 this chapter. 5 (h) Tthe owner of an animal or his regular employees from caring for and 6 treating the animal belonging to such owner, or livestock owners or regu- 7 lar employees pregnancy testing their own or employer's cattle or the 8 exchange of services for which no monetary compensation is paid between 9 owners or their regular employees,or agents who are farmers, ranchers or10feedlot operators, including custom ranch or feedlot operators,except 11 where the ownership or possession of the animal was transferredfor the12purposes ofor the employment changed to circumventingthis chapter, and 13 provide that only an actively licensed veterinarian may immunize or treat 14 an animal for diseases which require the use of a vaccine that is 15 restricted by state or federal law, rules or regulations, or as otherwise 16 provided by board rule. Notwithstanding the provisions of this paragraph, 17 a veterinarian/client/patient relationship, as defined by rules, must 18 exist when controlled substances or legend/prescription drugs are adminis- 19 tered, distributed, dispensed or prescribed. 20 (gi) A member of a faculty ofa veterinaryan accredited schoolorof 21 veterinary medicine, a veterinary science department, or an educational 22 institution accredited by the Idaho state board of education, from per- 23 forming his regular functions, or a person lecturing or giving instruc-24tions or demonstrations at a veterinary school or veterinary science25department, or in connection with a continuing education course or26seminar. The unsupervised or unauthorized personal practice of veterinary 27 medicine, by a faculty member on the premises of any of the above institu- 28 tions, is prohibited. 29 (hj) Any person from selling or applying any pesticide, insecticide, or 30 herbicide. 31 (k) A person lecturing or giving instructions or demonstrations at an 32 accredited school of veterinary medicine, veterinary science department or 33 an educational institution accredited by the Idaho state board of educa- 34 tion, or in connection with an approved continuing education course or 35 seminar. 36 (l) A member of a faculty of a nonaccredited educational institution, 37 that is registered with and holds a valid certificate of compliance issued 38 by the Idaho state board of education, from performing his regular func- 39 tions. This exemption does not include the administration of controlled 40 substances or legend/prescription drugs, unless specifically allowed by 41 state or federal law, rule or regulation. The unsupervised or unauthorized 42 personal practice of veterinary medicine by a faculty member on the prem- 43 ises of a nonaccredited educational institution is prohibited. 44 (im)Any person engaging in bona fide scientific research which reason-45ably requires experimentation involving animals from performing his regu-46lar functionsIndividuals employed as instructors or researchers by, or 47 enrolled as students in, any bona fide medical research institution from 48 conducting experiments and scientific research on animals: 49 (i) In the development of pharmaceuticals, biologicals, serums for 50 treating human or animal ailments; or 51 (ii) In the development of methods of treatment or techniques for 52 the diagnosis or treatment of human or animal ailments; or 53 (iii) When engaged in the study and development of methods and tech- 54 niques directly or indirectly applicable to the practice of veteri- 55 nary medicine, so long as such research is conducted in compliance 9 1 with applicable state and federal laws, rules and regulations. 2 (jn) Any person from performing artificial insemination of domestic ani- 3 mals as governed by chapter 8, title 25, Idaho Code. 4 (ko) Any person from horseshoeing or hoof trimming bovine, equine and 5 farm animals. 6 (lp)A member of aAn allied health professional actively licensed and in 7 good standing in any state from participating in a medical procedure 8 involving an animal, provided that such participation is in his licensed 9 field of medicine and under the indirect supervision of an actively 10 licensed veterinarian. 11 (mq) Any person from the gratuitous treatment of animals in an emergency 12 as a neighborly act. 13 (nr) Any state or federal livestock inspector from performing his offi- 14 cial duties specifically required under any lawful act or statute, and 15 provided that this exemption shall not apply to such persons not actively 16 engaged in performing or fulfilling their official duties and responsibil- 17 ities. 18 (os) A certified euthanasia agency from operating as a CEA as defined by 19the board under accompanyingstatute and rules. 20 (pt) A certified euthanasia technician from performing those duties as 21 defined bythe board under accompanyingstatute and rules. 22 (qu) Any person from utilizing cotton swabs, gauze, dental floss, 23 dentifrice,or toothbrushesor similar itemsto clean an animal's teeth. 24 (v) A certified veterinary technician from practicing veterinary technol- 25 ogy under the direct supervision and employ of an actively licensed veter- 26 inarian. 27 (w) An assistant from: 28 (i) Performing acts pertaining to the practice of veterinary medi- 29 cine under the direct supervision of the employing, supervising vet- 30 erinarian that delegated the acts and compensates the assistants for 31 the performance of such acts; and 32 (ii) Performing "noninvasive" therapeutic options or alternative 33 therapies, as defined in section 54-2103, Idaho Code. Such 34 "noninvasive" therapeutic options or alternative therapies must be 35 performed only after referral from and under the indirect supervision 36 of an actively licensed veterinarian, pursuant to the requirements of 37 sections 54-2103(24) and 54-2103(40), Idaho Code. 38 (x) The personal representative, executor or sole surviving heir of a 39 licensed veterinarian from continuing to operate the veterinary medical 40 facility of the deceased for a period of not more than twelve (12) months 41 following death, and providing that an actively licensed veterinarian 42 makes all the decisions pertaining to the diagnosis, care and treatment of 43 the patients. 44 (3) Nothing in this section shall be construed as limiting the board's 45 authority to provide other exemptions or exceptions to the requirements for 46 licensing, under its rulemaking authority, as the board may find necessary or 47 appropriate. 48 SECTION 3. That Section 54-2105, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 54-2105. BOARD OF VETERINARY MEDICINE -- COMPOSITION -- APPOINTMENT -- 51 VACANCY -- QUALIFICATIONS -- COMPENSATION -- REMOVAL -- MEETINGS -- OFFICERS 52 -- REVENUES -- POWERS. (1) A board of veterinary medicine, which shall consist 53 of six (6) members to be appointed by the governor, is hereby created in the 10 1 department of self-governing agencies. Five (5) members shall be veterinarians 2 and one (1) member shall be a public member. Each of the five (5) appointive 3 veterinary members shall serve a term of four (4) years as a veterinary board 4 member and a fifth year as a liaison officer, or until his successor is 5 appointed, except that the terms of the first appointees may be for shorter 6 periods to permit staggering of terms whereby one (1) term expires each year. 7 The public member shall serve for a term of three (3) years or until his suc- 8 cessor is appointed. 9 Whenever the occasion arises for an appointment of a veterinary member 10 under this section,one (1) ofthe state veterinary medical association or one 11 (1) of the regional veterinary medical associations may nominate three (3) or 12 more qualified persons and forward the nominations to the governor at least 13 thirty (30) days before the date set for the appointment. The governor shall 14 appoint one (1) of the persons so nominated. Vacancies due to death, resigna- 15 tion or removal shall be filled for the remainder of the unexpired term in the 16 same manner as regular appointments. No person shall serve two (2) consecutive 17 terms, except in the case of a person appointed for less than a full term. 18 Each of the five (5) veterinarians shall be qualified to serve as a member of 19 the board if a graduate of an accredited school of veterinaryschoolmedicine 20 or, if a foreign veterinary graduate, a letter from the educational commission 21 for foreign veterinary graduates (ECFVG) certifying completion of the ECFVG 22 program or a copy of their ECFVG certificate, in addition to verification of 23 graduation from a nonaccredited school of veterinary medicine, a resident of 24 this state, and has been licensed to practice veterinary medicine in this 25 state for the five (5) years immediately preceding the time of appointment. 26 The public member shall be at least twenty-one (21) years of age and a resi- 27 dent of this state for five (5) years immediately preceding appointment. No 28 person may serve on the board who is, or was, during the two (2) years preced- 29 ing appointment, a member of the faculty or trustees of an accredited school 30 of veterinaryschoolmedicine. 31 Each member of the board,and certified euthanasia task forceand veteri-32nary technical committeeshall be compensated as provided by section 33 59-509(n), Idaho Code. 34 Any member of the board may be removed by the governor after a hearing by 35 the board determines cause for removal. 36 (2) The board shall meet at least once each year at the time and place 37 fixed by rule of the board. Other necessary meetings may be called by the 38 president of the board by giving notice as may be required by statute or rule. 39 Except as may otherwise be provided, a majority of the board constitutes a 40 quorum. Meetings shall be open and public except that the board may meet in 41 closed session to prepare, approve, administer or grade examinations, or; to 42 deliberate the qualifications of an applicant for a license orthe disposition43of a proceeding to discipline a licensed veterinariancertification; to con- 44 duct deliberations in disciplinary proceedings; to consider investigatory mat- 45 ters; or as otherwise allowed by law. 46 (3) The board member serving the fourth year of appointment shall be the 47 president of the board and shall serve as chairmanofat the board meetings. 48 (4) The board member serving the fifth year of appointment shall be the 49 liaison officer of the board. 50 (5) All revenues received under this chapter shall be paid to the state 51 board of veterinary medicine account created in section 54-21202, Idaho Code, 52 and shall be subject to and administered in accordance with the provisions of 53 this chapter. 54 (56) The board shall have the power to: 55 (a) Establish qualifications and prescribe the application format for 11 1 licensure as a veterinarian and certification as a veterinary technician, 2 euthanasia agency or euthanasia technician, review each application for 3 compliance with the licensure and certification requirements, and issue 4 licenses and certifications. 5 (b) Examine and determine the qualifications and fitness of applicants 6 for a license to practice veterinary medicine, or certification to prac- 7 tice veterinary technology or as a euthanasia technician or operate as a 8 certified euthanasia agency in the state. 9 (bc) Issue, renew, reinstate, deny, suspend, sanction, place on proba- 10 tion, require voluntary surrender of, or revoke any licenses,andcertifi- 11 cations or temporary permits or certifications to practice veterinary med- 12 icine or veterinary technology in the state, orotherwiseimpose other 13 forms of discipline, and enter into consent agreements and negotiated set- 14 tlements with licensed veterinarians, certified veterinary technicians, 15 certified euthanasia technicians and certified euthanasia agencies consis- 16 tent with the provisions of this chapter and the rules adopted hereunder. 17 (cd) Establish a schedule of fees for licensing, certifying and register- 18 ing veterinarians, veterinary technicians,certifiedeuthanasia agencies 19 andcertifiedeuthanasia technicians. 20 (e) Review and approve applications from applicants wanting to sit for 21 the national licensing examinations in veterinary medicine, developed by 22 the national board examination committee for veterinary medicine or its 23 designees and the veterinary technician national examination developed by 24 the American association of veterinary state boards or its designees, and 25 administer the veterinary technician national examination. 26 (df) Upon its own motion or upon any complaint, to initiate and cConduct 27 investigationsfor the purpose of discovering violations of this chapter28or grounds for disciplining licensed veterinarians, veterinary techni-29cians, certified euthanasia agencies and certified euthanasia technicians30 on all matters relating to the practice of veterinary medicine or veteri- 31 nary technology and to initiate and conduct disciplinary hearings or pro- 32 ceedings on its own or through its designated hearing officer, provided 33 such hearings and proceedings shall be held in conformance with the provi- 34 sions of chapter 52, title 67, Idaho Code. 35 (eg) Hold hearings on all matters properly brought before the board, and 36 in connection thereto to administer oaths, receive evidence, make the nec- 37 essary determinations, and enter orders consistent with the findings. The 38 board may require the attendance and testimony of witnesses and the pro- 39 duction of papers, records, or other documentary evidence and may commis- 40 sion depositions. The board may designate one (1) or more of its members 41 or a person appointed by the state board of veterinary medicine to serve 42 as its hearing officer. 43 (fh) Employ full-time or part-time personnel, professional, clerical or 44 special, necessary to effectuate the provisions of this chapter and pur- 45 chase or rent necessary office space, equipment and supplies. 46 (gi) Appoint from its own membership one (1) or more members to act as 47 representatives of the board at any meeting within or outside the state 48 where such representation is deemed desirable. 49 (hj) Bring proceedings in the courts for the enforcement of this chapter 50 or any rules made pursuant thereto. 51 (ik) Levy civil penalties, assess fines, and recover costs and attorney's 52 fees incurred by the board in investigation and prosecution of complaints. 53 (jl) Establish a certified euthanasia task force for the purposes of 54 training, examining, licensing and certifyingcertifiedeuthanasia agen- 55 cies andcertifiedeuthanasia technicians and assess application,license12 1 training workshop and certification fees. The fees so assessed are contin- 2 uously appropriated to the board to support the activities of the task 3 force. 4(k) Establish qualifications for licensure of certified euthanasia agen-5cies and certified euthanasia technicians.6(l) Issue, renew, deny, suspend or revoke licenses to operate as a CEA or7practice as a CET in the state or otherwise discipline CEA's and CET's8consistent with this chapter and the rules of the board.9(m) Establish a veterinary technical committee and assess application and10certification fees. The fees so assessed are to be deposited to the state11board of veterinary medicine account to support the activities of the com-12mittee.13 (nm) Adopt, amend,or repeal all rules necessary for its government and 14 all rules necessary to carry into effect the provisions of this chapter 15 pursuant to the Idaho administrative procedure act, chapter 52, title 67, 16 Idaho Code, including the establishment and publication of standards of 17 professional conduct for the practice of veterinary medicine. 18 The powers enumerated above are granted for the purpose of enabling the 19 board to effectively supervise the practice of veterinary medicine and are to 20 be construed liberally to accomplish this objective. 21 SECTION 4. That Section 54-2107, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 54-2107. LICENSE APPLICATION -- CONTENTS -- FEE. Any person desiring a 24 license to practice veterinary medicine in this state shall make written 25 application to the board. To apply for a veterinary license, the applicant 26 shall complete the "application for licensure to practice veterinary medicine 27 and surgery" available from the board office. A completed application shall 28 contain the applicant's notarized signature and shall include: 29 (1) A copy of a birth certificate, religious certificateor current pass- 30 port proving that the applicant is twenty-one (21) years of age or more. 31 (2) Affidavits issued during the year preceding licensure from two (2) 32 veterinarians currently licensed in any state attesting to the fact that the 33 applicant is of good moral character. 34 (3) A certified copy of a veterinary school diploma from an accredited 35 school of veterinary medicine or a letter fromthe graduate's schoolan 36 accredited school of veterinary medicine verifying satisfactory graduation by 37 the applicant or, if a foreign school graduate, a letter from theAmerican38veterinary medical association'seducational commission for foreign veterinary 39 graduates (ECFVG) certifying completion of the ECFVG program or a copy of the 40 ECFVG certificate. 41 (4) Passing scores on the national examinations developed by the national 42 board of examination committee, or its designee, including, but not limited 43 to: the national board examination (NBE) and the clinical competency test 44 (CCT), or the north American veterinary licensing examination (NAVLE), which 45 may be taken in any state at any time (no time limit). 46 (5) After November 1, 2000, applicants who have taken their national 47 examinations prior to this date and have not taken and passed the clinical 48 competency test (CCT) may, in lieu of a passing score on the CCT, provide the 49 following documentation from the licensing board in the state in which they 50 are currently actively practicing or from the veterinary information verifying 51 agency of the American association of veterinary state boards: 52 (a) Verification of seven (7) years of continuous, active practice in the 53 same state where they are currently practicing, and provided that the 13 1 requirements for licensure in the state are similar to those in Idaho; and 2 (b) Verification of no disciplinary action taken against the applicant's 3 license to practice veterinary medicine during the same seven (7) year 4 period prior to applying for a veterinary license in this state. 5 (c) The practice of applicants licensed under this provision will be lim- 6 ited to the same fields of veterinary medicine as they have practiced in 7 another state during the seven (7) year period prior to applying for a 8 veterinary license in this state. 9 (6) A passing score of at least ninety percent (90%) correct on the Idaho 10 jurisprudence examination. 11 (67) Written verification of license in good standing from the licensing 12 organization in any state in which the applicant has held a license or as pro- 13 vided by the veterinary information verifying agency of the American associa- 14 tion of veterinary state boards for any state in which the applicant has held 15 a license. 16 (78) The license application fee and first year's license fee in the 17 amount established in the rules adopted by the board. 18 (89) Any additional information that the board may request. 19 (910) Application materials will be valid and maintained at the board 20 office for a period of one (1) year. 21 The board will review applications and issue licenses in January and June 22 of each year. Applicants shall have their completed applications at the board 23 office by the first day of January or June. If an applicant is found not qual- 24 ified, the board shall immediately notify the applicant in writing of such 25 finding and the grounds therefor. An applicant denied licensure may request a 26 hearing pursuant to the procedures set forth in chapter 52, title 67, Idaho 27 Code. Any applicant who is denied licensure shall be allowed the return of the 28 license fee portion of the application fee. 29 Any applicant taking and passing the Idaho jurisprudence examination and 30 not wanting to be licensed at the next review by the board, shall be allowed 31 the return of the license fee portion of the application fee only. 32 SECTION 5. That Section 54-2110, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 54-2110. LICENSE WITHOUT CLINICAL COMPETENCY TEST (CCT). (1) The board 35 may, upon payment of the fee prescribed under section 54-2107, Idaho Code, 36 license without the clinical competency test (CCT) any person who is a 37 diplomate with current certification from a specialty board approved by the 38 American veterinary medical association. The applicant shall pass the Idaho 39 jurisprudence exam with a score of at least ninety percent (90%) correct. The 40 veterinary practice of any person who is licensed pursuant to this subsection 41 is limited to referrals in the specialty in which the person is board certi- 42 fied. 43 (2) After November 1, 2000, the board may, upon payment of the fee pre- 44 scribed under section 54-2107, Idaho Code, license without the clinical compe- 45 tency test (CCT) any person who has taken their national examinations prior to 46 this date and has not taken and passed the CCT but has fulfilled, in addition 47 to the other requirements for licensure, the requirements of section 48 54-2107(5), Idaho Code. 49 (3) The board may require a personal interview of any or all applicants 50 under this section. 51 SECTION 6. That Section 54-2111, Idaho Code, be, and the same is hereby 52 amended to read as follows: 14 1 54-2111. TEMPORARY PERMIT. The board may, at its discretion, issue a tem- 2 porary permit to an applicant who has passed the NBE and Idaho jurisprudence 3 exam but who has not yet taken the CCT, or to a new graduate, or a currently 4 practicing veterinarian licensed in another state, who has fulfilled the 5 requirements for licensure in this state.The tTemporary permits shall be 6 valid until the next license application review by the board or for no more 7 than one (1) year, during which the applicants issued a temporary permit with- 8 out having taken the CCT or fulfilling the requirements of section 54-2107(5), 9 Idaho Code, shall take and pass the CCT., and uUnder no circumstances shall a 10 second temporary permit be issued to the same person. A temporary permit shall 11 not be issued to any applicant whose license has been revoked in any state for 12 a reason other than nonpayment of license renewal fees. An applicant granted a 13 temporary permit shall provide verificationof one (1) year ofthat during the 14 twelve (12) months immediately preceding issuance of the temporary permit he 15 has been in active veterinary practice in another state or shall work under 16 the professional supervision of an actively licensed veterinarian.licensed in17IdahoPursuant to U.S. department of agriculture veterinary services memoran- 18 dum number 572.1, an applicant working under a supervised temporary permit 19 will not be allowed to become federally accredited in Idaho until the first 20 year's license has been granted. 21 SECTION 7. That Section 54-2112, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 54-2112. EXPIRATION OF LICENSE -- NOTICE -- RENEWAL -- INACTIVE STATUS. 24 All licenses shall expire annually on July 1 of each year, but may be renewed 25 by submission of the annual renewal form prescribed by the board, proof of 26 completion of the appropriate hours of continuing education,satisfaction of27anyby meeting other requirements as defined in the rules adopted by the board 28 and payment of the renewal fee established and published by the board. On or 29 about May 1 of each year, the board shall mail a notice to each licensed vet- 30 erinarian that the license will expire on July 1, and shall also provide a 31 form for renewal. The board shall issue a new license to all qualified persons 32 registering under this chapter. 33 Any veterinarian licensed in Idaho who advises the veterinary board, in 34 writing, that heor shedoes not intend to actively practice veterinary medi- 35 cine in the state of Idaho and therefore does not intend to meet the licensing 36 requirements for an active license for the current licensing year, shall be 37 transferred from active to inactive status and shall be required to payan38 inactive status fees as prescribed in the rules of the board. Any person may 39 transfer from inactive to active status by making written application for 40 reinstatement to active status, payingthe active license renewalall required 41 fees and by meeting other requirements for reinstatement as defined in the 42 rules of the board. 43 Any personwho shallpracticepracticing veterinary medicine without an 44 active license or after the expiration of a license or during inactive status 45and who fails to renew or reinstate the licenseshall be practicing in viola- 46 tion of this chapter.Any person whose license expires prior to July 1, 1995,47may renew an expired license within five (5) years of the date of its expira-48tion by making written application for renewal and paying the current rein-49statement and renewal fees plus all delinquent renewal fees and by meeting50other requirements as defined in the rules of the board. After five (5) years51have elapsed since the date of expiration, or if a license expires after July521, 1995, the licenseA license or certification that is allowed to expire may 53 not be renewed or reinstated, but the holder may make application for a new 15 1 license. 2 The board may by rule waive the payment of theregistrationannual renewal 3 fee of a licensed veterinarian during the period when the licensee is on 4 active duty with the armed services of the United States, not to exceed the 5 longer of three (3) years or the duration of a national emergency. 6 SECTION 8. That Chapter 21, Title 54, Idaho Code, be, and the same is 7 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 8 ignated as Section 54-2113, Idaho Code, and to read as follows: 9 54-2113. CORPORATE PRACTICE. (1) A veterinary medical practice may be 10 conducted only as a sole proprietorship, as a partnership or as a professional 11 service corporation as defined in chapter 13, title 30, Idaho Code. No busi- 12 ness corporation, other than a professional service corporation, shall be 13 organized for the practice of veterinary medicine or shall provide veterinary 14 medical services. 15 (2) A not-for-profit corporation may own property in connection with a 16 veterinary medical facility or animal shelter, provided that an actively 17 licensed veterinarian makes all the decisions pertaining to diagnosis, care 18 and treatment of the patients. 19 SECTION 9. That Chapter 21, Title 54, Idaho Code, be, and the same is 20 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 21 ignated as Section 54-2114, Idaho Code, and to read as follows: 22 54-2114. UNAUTHORIZED PRACTICE A MISDEMEANOR. (1) Anyone not authorized 23 to practice veterinary medicine under this chapter in which an active veteri- 24 nary license in this state is a prerequisite to practice, who does practice or 25 offers to practice or holds himself out as being able to practice veterinary 26 medicine, or who practices veterinary medicine as an exempt person during the 27 time when his license is expired, suspended, revoked or annulled, shall be 28 practicing in violation of this chapter and be subject to the provisions of 29 section 54-2118, Idaho Code. 30 (2) Any licensed veterinarian that aids or abets an unlicensed or uncer- 31 tified person to practice veterinary medicine or employs or holds such unli- 32 censed person out as being able to practice veterinary medicine, shall be sub- 33 ject to the provisions of sections 54-2115 and 54-2118, Idaho Code. 34 (3) Anyone not authorized to practice veterinary medicine under this 35 chapter in which an active veterinary license in this state is a prerequisite 36 to practice, who offers services in the field of veterinary medicine to an 37 individual in this state, through telephonic, electronic or other means, 38 regardless of the location or profession of this individual, shall be practic- 39 ing in violation of this chapter and be subject to the provisions of section 40 54-2118, Idaho Code. 41 SECTION 10. That Section 54-2113, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 54-21135.REVOCATION OR SUSPENSION --GROUNDS FOR DISCIPLINE. The board 44 may refuse to issue, renew or reinstate the license of a veterinarian, or may 45 deny, revoke,orsuspend,for a certain timesanction, place on probation or 46 require voluntary surrender of, the license of a veterinarian, orotherwise47 may impose other forms of discipline,and enter into consent agreements and 48 negotiated settlements with any licensed veterinarian pursuant to the proce- 49 dures set forth in chapter 52, title 67, Idaho Code, for any of the following 16 1 reasons: 2 (1) The employment of fraud, misrepresentation or deception in obtaining 3 a license. 4 (2)Adjudication of insanity.5(3)Unethical or uUnprofessional conduct, as defined by section 54-2103, 6 Idaho Code, the rules of the board, andincludes, but is not limited to,the 7 code of professional conduct established by the rules of the board. 8 (3) Cconviction of a charge of violating any federal or state statute or 9 rule or regulation regulating narcotics, dangerous drugs or controlled sub- 10 stances. 11 (4)The use of advertising or solicitation which is false, misleading, or12fraudulent.13(5)Being found guilty, convicted, placed on probation, having entered a 14 guilty plea that is accepted by the court, forfeiture of bail, bond or collat- 15 eral deposited to secure a defendant's appearance, or having received a with- 16 held judgment or suspended sentence by a court of competent jurisdiction in 17 this state or any other state of one (1) or more of the following: 18 (a) Any felony as defined in chapter 1, title 18, Idaho Code; or 19 (b) Any other criminal act which in any way is related to thequalifica-20tions, functions or dutiespractice of veterinary medicine, surgery, or21dentistryas defined by section 54-2103, Idaho Code. 22 (65) Medical iIncompetence, gross negligence, or other malpracticein the 23 practice of veterinary medicine, as defined by section 54-2103, Idaho Code. 24 (6) Physical incompetence, in the practice of veterinary medicine, as 25 defined in section 54-2103, Idaho Code. 26 (7) Malpractice or negligence, in the practice of veterinary medicine, as 27 defined in section 54-2103, Idaho Code. 28 (78)Having a professional association with or employing or lending one's29name to any illegal practitioner of veterinary medicine and the various30branches thereofAiding or abetting an unlicensed or uncertified person to 31 practice veterinary medicine or veterinary technology or employing or holding 32 such unlicensed person out as being able to practice veterinary medicine or 33 veterinary technology. 34 (89) Fraud, dishonesty, failure to report, or gross negligence in the 35 inspection offoodstuffsanimals and animal products intended for human con- 36 sumption, issuance of health or inspection certificates, in the application, 37 treatment,or reporting of any test for disease in animals, and in reporting 38 any contagious or infectious disease. 39 (910) Failure to comply with the veterinary standards of practice,oras 40 established by board rule. 41 (11) Failure to comply with the recordkeeping requirements, asdefined in42 established by the rules of the board. 43 (102) Cruelty to animals including, but not limited to, the intentional or 44 malicious infliction of pain, physical suffering, injury or death, performance 45 of experimental treatments without the owner's consent, deprivation of neces- 46 sary sustenance, withholding of appropriate pain medications or levels of pain 47 medications, or the administration of unnecessary procedures and treatment. 48 (113) The revocation or suspension by a sister state or territory or vol- 49 untary surrender of a license or certificate by virtue of which one is 50 licensed to practice veterinary medicine in that state, territory or district 51 of the United States on grounds other than nonpayment of renewal fees. 52 (14) Failure to fulfill the continuing education requirements, as estab- 53 lished by the rules of the board. 54 (15) The use, prescription or sale of any controlled substance, veterinary 55 legend/prescription drug or prescription of an extra-label use for any human 17 1 or veterinary drug without a valid veterinarian/client/patient relationship. 2 (16) Overtreating, unless the services were contracted for in advance, 3 charging for services which were not rendered, charging for services that were 4 not documented in the patient's records, or charging for services that were 5 not consented to by the owner of the patient or the owner's agent. 6 (17) Failure to furnish details of a patient's medical record to another 7 veterinarian, hospital, clinic, owner or owner's agent. 8 (18) Failure of any applicant or licensee to cooperate with the board dur- 9 ing any investigation, even if such investigation does not personally concern 10 the applicant or licensee. 11 (19) Failure to comply with the terms of any order, negotiated settlement 12 or probationary agreement of the board. 13 (20) Failure to comply with the terms for renewal or to timely pay 14 license, certification or registration renewal fees, as specified by section 15 54-2112, Idaho Code, and the rules of the board. 16 (21) Failure of a licensed veterinarian to exercise proper supervision, as 17 defined by the rules of the board, when supervising a temporary licensee or 18 holder of a temporary certification, a certified veterinary technician, a vet- 19 erinary technician, a veterinary assistant, a certified euthanasia technician 20 or other employee, except in an emergency situation as defined in section 21 54-2103, Idaho Code. 22 (22) Delegation of an act pertaining to the practice of veterinary medi- 23 cine to an unqualified employee, regardless of the supervision provided. 24 (123) Aiding or abetting or violating any of the provisions of this chap- 25 ter or any lawful rule or order of the board. 26(13) For the purposes of this chapter, the term "conviction" means a find-27ing of guilt, an entry of a guilty plea by a defendant and its acceptance by28the court, or a forfeiture of bail bond or collateral deposited to secure a29defendant's appearance, suspended sentence, probation or withheld judgment.30 SECTION 11. That Section 54-2115, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 54-21156. JUDICIAL REVIEW. Any party aggrieved by a decision of the board 33 may seek judicial review of the decision pursuant to the administrative proce- 34 dure act, chapter 52, title 67, Idaho Code. 35 SECTION 12. That Section 54-2116, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 54-21167. RELICENSING AND REINSTATEMENT. Any person whose license is sus- 38 pended or revoked may, at the discretion of the board, be relicensed or rein- 39 stated at any time with or without an examination, by majority vote of the 40 board on written application made to the board showing cause justifying 41 relicensing or reinstatement. 42 In reinstating a license which has been suspended or revoked under section 43 54-21135, Idaho Code, the board may impose terms and conditions to be followed 44 by the licensee after the license has been reinstated. The authority of the 45 board to impose terms and conditions includes, but is not limited to, the fol- 46 lowing: 47 (1) Requiring the licensee to obtain additional professional training and 48 to pass an examination upon completion of the training. 49 (2) Requiring the licensee to pass an oral, written, practical or clini- 50 cal examination, or any combination thereof to determine present fitness to 51 engage in the practice of veterinary medicine. 18 1 (3) Restricting or limiting the extent, scope, or type of practice of the 2 licensee. 3 (4) Requiring the licensee to obtain professional counseling and undergo 4 and maintain treatment and testing for alcohol or drug related problems. 5 SECTION 13. That Section 54-2117, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 54-21178. VIOLATIONS OF CHAPTER -- REMEDIES AND PENALTIES. In addition to 8 the disciplinary actions set forth in section 54-2115, Idaho Code: 9 (1) Any person violating the provisions of this chapter, or violating a 10 rule promulgated by the board to implement the provisions of this chapter may 11 be assessed a civil penalty by the board or its duly authorized agent of not 12 more thanthreefive thousand dollars ($35,000) for each offense and shall be 13 liable for investigatory expenses and reasonable attorney's fees, and provided 14 that each act on each day of violation shall constitute a separate offense. 15 Assessment of a civil penalty may be made in conjunction with any other board 16 administrative action. No civil penalty may be assessed unless the person 17 charged was given notice and opportunity for a hearing pursuant to the Idaho 18 administrative procedure act. If the board is unable to collect the civil pen- 19 alty, investigatory expenses or reasonable attorney's fees, or if any person 20 fails to pay all of a set portion of the civil penalty as determined by the 21 board, it may recover such amount by action in the appropriate district court. 22 Any person against whom the board has assessed a civil penalty under this sec- 23 tion may, within thirty (30) days of the final agency action making the 24 assessment, appeal the assessment to the district court of the county in which 25 the violation is alleged by the board to have occurred. 26 (2) Any person who practices veterinary medicine, any person practicing 27 as a certified veterinary technician, a certified euthanasia technician or any 28 agency operating as a certified euthanasia agency without a currently valid, 29 active license, certification,ortemporary permit or temporary certification 30 shall be guilty of a misdemeanor and upon conviction shall be fined not less 31 than one hundred dollars ($100), nor more thanfiveten thousand dollars 32 ($510,000), or imprisoned for no more than one hundred eighty (180) days, or 33 both fined and imprisoned, and provided that each act of such unlawful prac- 34 tice shall constitute a distinct and separate offense. 35 (3)No person who shall practice veterinary medicine without a currently36valid license or temporary permit may receive any compensation for services so37rendered.38(4)The board, the attorney general's office, any district court or 39 county attorney, or any citizen of this state may bring an action to enjoin 40 any person from practicing veterinary medicine or practicing as a certified 41 veterinary technician, certified euthanasia technician, or any agency operat- 42 ing as a certified euthanasia agency without a currently valid, active 43 license, certification,ortemporary permit, or temporary certification. If 44 the court finds that the person is violating the provisions of this chapter, 45 it shall enter an injunction restraining that individual from such unlawful 46 acts. 47 (54) The successful maintenance of an action based on any one (1) of the 48 remedies set forth in this section shall in no way prejudice the prosecution 49 of an action based on any other of the remedies. 50 SECTION 14. That Section 54-2118, Idaho Code, be, and the same is hereby 51 amended to read as follows: 19 1 54-21189. ADMINISTRATION AND ENFORCEMENT OF CHAPTER. This chapter shall 2 be administered by the board. 3 SECTION 15. That Section 54-2119, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 54-211920. ATTORNEY GENERAL'S OFFICE TO ADVISE AND REPRESENT. The attor- 6 ney general's office of the state of Idaho shall represent the board and shall 7 give opinions on all questions of law arising out of the administration of the 8 laws which it shall administer, and to act for, and on behalf of the board in 9 all actions brought for or against it under the provisions of this chapter, or 10 as otherwise provided by law. 11 SECTION 16. That Section 54-2120, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 54-21201. CREATION OF STATE BOARD OF VETERINARY MEDICINE ACCOUNT. All 14 moneys, including civil penalties collected under the provisions of this chap- 15 ter shall be deposited in the state treasury to the credit of a separate 16 account to be known as the "state board of veterinary medicine account," and 17 all moneys as are now in or may hereafter come into the account are hereby 18 appropriated to the board for carrying out the purposes andobjectsobjectives 19 of this chapter, and to pay all costs and expenses incurred in connection with 20 the provisions of this chapter. All moneys in the occupational licenses 21 account belonging to the state board of veterinary medicine as of July 1, 22 1983, are hereby transferred and appropriated to the state board of veterinary 23 medicine account hereby created. Moneys shall be paid out of the account upon 24 warrants drawn by the state controller upon presentation of proper vouchers 25 approved by the board. 26 SECTION 17. This act shall be in full force and effect on and after July 27 1, 2000.
STATEMENT OF PURPOSE
RS09367C1
The purpose of this proposed legislation is to accommodate national
changes in the procedures to be followed when applying to sit for
national exams; to accommodate national changes regarding
qualifying factors for licensure applications, examinations,
approved continuing education courses, and information provided to
the National Disciplinary Database for veterinarians; to recognize
graduates of accredited veterinary technician programs; to clarify
Board authority to certify veterinary technicians and to establish
and implement a certification program for veterinary technicians;
To update requirements for veterinary practice in order to keep
abreast of advancements in medical technology and treatment
procedures in veterinary medicine, as well as the increasing
mobility of the profession; to clarify existing definitions, add
new definitions pertaining to existing sections, to clarify
existing wording and board intent; to allow for assistants employed
by and under the direct supervision of a veterinarian to perform
preventive dental procedures; to clarify composition, duties, and
powers of the board; to provide a provision for veterinarians, who
at the time they graduated from veterinary school, were not
required to take the Clinical Competency Examination, to be
licensed in Idaho; to clarify veterinary practice ownership; to
specify unlicensed practice penalties; and to specify forms of
discipline, in addition to revocation and suspension, the board may
impose.
FISCAL IMPACT
None.
CONTACT: Sheila Jensen, Senior Administrative Assistant
Idaho State Board of Veterinary Medicine
332-8588
STATEMENT OF PURPOSE/FISCAL NOTE H0381