2000 Legislation
Print Friendly

HOUSE BILL NO. 599, As Amended – Veterinary medicine, licensure

HOUSE BILL NO. 599, As Amended

View Daily Data Tracking History

View Bill Text

View Amendment

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0599aa.............................................by AGRICULTURAL AFFAIRS
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.
                                                                        
02/17    House intro - 1st rdg - to printing
02/18    Rpt prt - to Agric Aff
02/29    Rpt out - to Gen Ord
    Rpt out amen - to engros
03/01    Rpt engros - 1st rdg - to 2nd rdg as amen
03/02    2nd rdg - to 3rd rdg as amen
03/07    3rd rdg as amen - PASSED - 66-0-4
      AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
      Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark,
      Crow, Cuddy, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
      Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck,
      Jaquet, Jones, Judd, Kellogg, Kendell, Kunz, Lake, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moss, Moyle, Pearce, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
      Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
      Stoicheff, Stone, Taylor, Tilman, Trail, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Deal, Kempton, Pischner, Wheeler
    Floor Sponsor - Lake
    Title apvd - to Senate
03/08    Senate intro - 1st rdg as amen - to Agric Aff
03/14    Rpt out - rec d/p - to 2nd rdg as amen
03/15    2nd rdg - to 3rd rdg as amen
03/24    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Riggs
    Title apvd - to House
03/27    To enrol
03/28    Rpt enrol - Sp signed
03/29    Pres signed
03/30    To Governor
    Governor signed
         Session Law Chapter 122
         Effective: 07/01/00

Bill Text


 H0599
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 599, As Amended
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  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, TO  PROVIDE  POWERS  OF
  7        THE  BOARD  AND  TO  MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-2107,
  8        IDAHO CODE, TO PROVIDE REQUIREMENTS  FOR  LICENSE  APPLICATIONS;  AMENDING
  9        SECTION  54-2110,  IDAHO CODE, TO PROVIDE FOR LICENSING WITHOUT TAKING THE
 10        CLINICAL COMPETENCY TEST;  AMENDING SECTION 54-2111, IDAHO CODE,  TO  PRO-
 11        VIDE  REQUIREMENTS  FOR TEMPORARY PERMITS; AMENDING SECTION 54-2112, IDAHO
 12        CODE, TO PROVIDE FOR EXPIRATION AND RENEWAL OF LICENSES,  TO  PROVIDE  FOR
 13        INACTIVE  STATUS  LICENSING  AND  TO  MAKE TECHNICAL CORRECTIONS; AMENDING
 14        CHAPTER 21, TITLE 54, IDAHO  CODE,  BY  THE  ADDITION  OF  A  NEW  SECTION
 15        54-2113,  IDAHO  CODE, TO PROVIDE FOR CORPORATE PRACTICE; AMENDING CHAPTER
 16        21, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-2114,  IDAHO
 17        CODE,  TO  PROVIDE  THAT  UNAUTHORIZED PRACTICE IS A MISDEMEANOR; AMENDING
 18        SECTION 54-2113, IDAHO CODE, TO REDESIGNATE THE  SECTION  AND  TO  PROVIDE
 19        GROUNDS  FOR DISCIPLINE; AMENDING SECTION 54-2115, IDAHO CODE, TO REDESIG-
 20        NATE THE SECTION AND TO PROVIDE A REFERENCE TO THE  ADMINISTRATIVE  PROCE-
 21        DURE ACT; AMENDING SECTION 54-2116, IDAHO CODE, TO REDESIGNATE THE SECTION
 22        AND  TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-2117, IDAHO CODE,
 23        TO REDESIGNATE THE SECTION, TO PROVIDE FOR VIOLATIONS, TO INCREASE  PENAL-
 24        TIES,  TO  PROVIDE FOR CALCULATION OF MULTIPLE OFFENSES AND TO PROVIDE WHO
 25        MAY 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; AND AMENDING SECTION 54-2120, IDAHO CODE, TO REDESIGNATE
 29        THE SECTION AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
 30    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 31        SECTION 1.  That Section 54-2103, Idaho Code, be, and the same  is  hereby
 32    amended to read as follows:
                                                                        
 33        54-2103.  DEFINITIONS. As used in this chapter:
 34        (1)  "Accredited  continuing  education activity" means a course, seminar,
 35    scientific program or any other activity approved by the board or  its  desig-
 36    nees for continuing education credit.
 37        (2)  "Accredited  school of veterinary medicine" means any veterinary col-
 38    lege or division of a university or college that offers the degree  of  doctor
 39    of  veterinary  medicine, veterinary medicine doctor, or its equivalent and is
 40    accredited by the American veterinary medical association.
 41        (3)  "Allied health professional" means a person currently licensed  hold-
 42    ing  a  current active license, in good standing, in any state to practice one
 43    (1) of the healing arts including, but not  limited  to  medicine,  dentistry,
                                                                        
                                           2
                                                                        
  1    osteopathy, chiropractic, acupuncture and podiatry.
  2        (4)  "Anesthetized"  means  any condition of general anesthesia, caused by
  3    the administration of a drug or combination of drugs in sufficient quantity to
  4    produce a state of unconsciousness or disassociation and blocked response to a
  5    given pain or alarm  stimulus. At a minimum, each anesthetized  patient  shall
  6    be under continuous observation until the swallowing reflex has returned.
  7        (35)  "Animal"  means  any animal other than man and includes fowl, birds,
  8    fish and reptiles, wild or domestic, living or dead.
  9        (46)  "Assistant" means any individual who  is  employed  by  an  actively
 10    licensed veterinarian to perform acts pertaining to the practice of veterinary
 11    medicine and receives compensation for such acts from the employing veterinar-
 12    ian but is not a certified veterinary technician or licensed veterinarian.
 13        (57)  "Board" means the state board of veterinary medicine.
 14        (68)  "Certified  euthanasia agency" or "C.E.A."  means an law enforcement
 15    agency, an animal control agency or a society for the prevention of cruelty to
 16    animals, which has been inspected, licensed and certified  by  the  euthanasia
 17    task force or the board.
 18        (79)  "Certified euthanasia technician" or "C.E.T." means:
 19        (a)  A person employed by a certified euthanasia agency, a law enforcement
 20        agency,  an animal control agency, a society for the prevention of cruelty
 21        to animals, or working under the indirect supervision of a licensed veter-
 22        inarian, but not to include an individuals employed as  a  technicians  by
 23        animal research laboratories, who is instructed, licensed and certified by
 24        the  euthanasia  task  force  or  the board as defined in the rules of the
 25        board.
 26        (b)  Any person who is trained prior to December 31, 1992,  in  euthanasia
 27        methods,  in a course approved by the board, may be certified upon presen-
 28        tation of evidence of such training to either the euthanasia task force or
 29        the board.
 30        (10) "Certified veterinary technician" means a person  who  has  fulfilled
 31    the certification requirements prescribed by board rule and has been certified
 32    by the board to practice veterinary technology in this state.
 33        (811) "Consultation"  means a deliberation between two (2) or more veteri-
 34    narians concerning the diagnosis of a disease or the proper management of  the
 35    case.
 36        (912) "Credit  hour"  means  fifty  (50)  minutes  of  participation in an
 37    accredited continuing education activity.
 38        (103) "Dentistry" is the practice of veterinary medicine and means:
 39        (a)  Tthe application or use of any instrument or device to any portion of
 40        an animal's tooth, gum or any related tissue for the prevention,  cure  or
 41        relief  of  any  wound, fracture, injury, disease or other condition of an
 42        animal's tooth, gum or related tissue; and. Dentistry includes, but is not
 43        limited to:
 44        (ba)  "Preventive dental procedures" including, but not  limited  to,  the
 45        removal  of calculus, soft deposits, plaque, stains, and floating to shape
 46        the teeth above the gum line or the  smoothing,  filing  or  polishing  of
 47        tooth surfaces above the gum line; and
 48        (b)  "Operative dentistry/oral surgery" or any other dental procedure that
 49        invades the hard or soft oral tissue including a procedure that alters the
 50        structure of one (1) or more teeth, or repairs damaged and diseased teeth,
 51        or the deliberate extraction of one (1) or more teeth.
 52        (114) "Direct  supervision"  means the supervisor is on the premises where
 53    the animal is being treated, and is quickly and easily available and the  ani-
 54    mal  has been examined by a the supervising veterinarian as acceptable veteri-
 55    nary medical practice requires.
                                                                        
                                           3
                                                                        
  1        (15) "Discipline" means board action including, but not limited to:
  2        (a)  Refusing to issue, renew or reinstate a license, permit or certifica-
  3        tion to practice as a licensed veterinarian, a certified veterinary  tech-
  4        nician,  a  certified  euthanasia agency or a certified euthanasia techni-
  5        cian;
  6        (b)  Denial, revocation, suspension, sanction, probation or voluntary sur-
  7        render of a license, permit or certification to  practice  as  a  licensed
  8        veterinarian,  a  certified  veterinary technician, a certified euthanasia
  9        agency or a certified euthanasia technician;
 10        (c)  The ability to enter into consent agreements and  negotiated  settle-
 11        ments  with licensed veterinarians, certified veterinary technicians, cer-
 12        tified euthanasia agencies and certified euthanasia technicians.
 13        (126) "Emergency" means that  the  animal  has  been  placed  in  a  life-
 14    threatening condition where immediate treatment is necessary to sustain life.
 15        (137) "Emergency  veterinary  hospital" means a facility in which provides
 16    veterinary services at all times including weekends  and  legal  holidays  are
 17    provided by either a "veterinarian on premises" or "veterinarian on call."
 18        (148) "Euthanasia  task force" means a task force established by the board
 19    for the purposes of training, examining, licensing, certifying and  inspecting
 20    certified euthanasia agencies and certified euthanasia technicians.
 21        (19) "Extra label use" means the actual or intended use of a human or vet-
 22    erinary  drug  in  an  animal  in  a manner that is not in accordance with the
 23    drug's labeling.
 24        (20) "Floating" means shaping the posterior (cheek) teeth and the incisors
 25    (cutting teeth) in horses, mules and donkeys through the use of  hand  floats,
 26    rasps,  burs,  mechanical files or other file-like instruments to restore bal-
 27    ance, allow more efficient mastication, and reduce  pain  and  trauma  to  the
 28    periodontal tissues.
 29        (21) "Herd,  litter  or flock" of animals means animals managed as a group
 30    for purposes including, but not limited to, breeding, sale, show or food  pro-
 31    duction.
 32        (1522) "Immediate  supervision"  means  the supervisor is in the immediate
 33    area, and in audible and visual range of the animal  patient  and  the  person
 34    treating  the patient and the animal has been examined by the supervising vet-
 35    erinarian as acceptable veterinary medical practice requires.
 36        (23) "In good standing" means that an applicant:
 37        (a)  Has not been the recipient of any administrative penalties  regarding
 38        his  practice of veterinary medicine including, but not limited to, fines,
 39        formal reprimands, license suspensions or revocations (except for  license
 40        revocations  for nonpayment of license renewal fees) or probationary limi-
 41        tations, or has not entered into any consent agreement or negotiated  set-
 42        tlement  that  contains  conditions  placed by a board on his professional
 43        conduct and practice, including any voluntary surrender of a license; and
 44        (b)  Has never had his United States drug enforcement administration priv-
 45        ileges restricted or revoked; and
 46        (c)  Is not currently under investigation by another veterinary  licensing
 47        authority  for acts which would provide a basis for disciplinary action in
 48        this state, as determined by the board; and
 49        (d)  Has no physical or mental impairment related to drugs, alcohol, or  a
 50        finding  of  mental  incompetence  by  a  physician  that  would limit the
 51        applicant's ability to undertake the practice of veterinary medicine in  a
 52        manner consistent with the safety of a patient or the public; and
 53        (e)  Has not been convicted of a felony as defined in chapter 1, title 18,
 54        Idaho Code; and
 55        (f)  Has  no criminal conviction record nor pending criminal charge relat-
                                                                        
                                           4
                                                                        
  1        ing to an offense the circumstances of which substantially relate  to  the
  2        practice  of  veterinary medicine. Applicants who have criminal conviction
  3        records or pending criminal charges shall require appropriate  authorities
  4        to provide information about the record or charge directly to the board in
  5        sufficient  detail to enable the board to make a determination whether the
  6        record or charge is substantially related to the  practice  of  veterinary
  7        medicine.
  8        (1624) "Indirect  supervision" means the supervisor is not on the premises
  9    but is available for immediate contact by telephone, radio or other means, has
 10    given either written or oral instructions for treatment of the animal patient,
 11    and the animal has been examined by a the supervising veterinarian as  accept-
 12    able  veterinary medical practice requires, and the animal, is not in a surgi-
 13    cal plane of anesthesia if previously anesthetized, has recovered to the point
 14    of being conscious and sternal.
 15        (25) "Legend/Prescription drug" means any drug which, under  federal  law,
 16    regulation  or  rule,  is  required, prior to being distributed, to be labeled
 17    with the following statement: "Caution: Federal law restricts this drug to  be
 18    used  by  or  on  the  order  of  a licensed veterinarian," or a drug which is
 19    required by any state or federal law, rule or  regulation  to  be  distributed
 20    pursuant to a prescription or used by licensed practitioners only.
 21        (1726) "Liaison  officer" means the veterinary board member whose four (4)
 22    year board member term has expired and who serves a fifth  year  advising  the
 23    board,  reviewing and mediating complaints and performing other tasks assigned
 24    by the board.
 25        (1827) "Licensed veterinarian" means a person who is validly and currently
 26    licensed to practice veterinary medicine in this state.
 27        (28) "Malpractice" means, but is not limited to:
 28        (a)  Treatment in a manner contrary to accepted veterinary  practices  and
 29        with injurious results; or
 30        (b)  Any  professional  misconduct  or  unreasonable  lack of professional
 31        skill or fidelity in the performance of the professional practice of  vet-
 32        erinary medicine; or
 33        (c)  Failure to provide adequate supervision, except in an emergency situ-
 34        ation; or
 35        (d)  Allowing  an  unqualified  individual  to perform a procedure that is
 36        part of the practice of veterinary medicine; or
 37        (e)  The negligent practice of veterinary medicine, as determined  by  the
 38        standard  of  practice  for  the area, that results in injury, unnecessary
 39        suffering or death.
 40        (29) "Medical incompetence" means lacking in sufficient medical  knowledge
 41    or skills or both to a degree likely to endanger the health of patients.
 42        (1930) "Mobile  clinic"  means  a vehicle including, but not limited to, a
 43    camper, motor home, trailer or mobile  home,  used  as  a  veterinary  medical
 44    facility. A mobile clinic is not required for house calls or farm calls.
 45        (31) "Owner/Ownership"  means ownership as defined by the laws of property
 46    and ownership, chapter 1, title 55,  Idaho Code.
 47        (2032) "Person" means  any  individual,  firm,  partnership,  association,
 48    joint  venture, cooperative and corporation, or any other group or combination
 49    acting in concert; and whether or not acting as principal, trustee, fiduciary,
 50    receiver, or as any other kind of legal or personal representative, or as  the
 51    successor  in  interest, assignee, agent, factor, servant, employee, director,
 52    officer, or any other representative of such person.
 53        (33) "Physical or mental incompetence" means  the  veterinarian's  ability
 54    to  practice  veterinary medicine with reasonable skill and safety is impaired
 55    by reason of illness, excessive use of alcohol, drugs, narcotics, chemicals or
                                                                        
                                           5
                                                                        
  1    any other substance, or as a result of any mental or physical disability.
  2        (2134) "Practice of  veterinary  medicine"  includes  veterinary  surgery,
  3    obstetrics,  dentistry,  and  all  other branches or specialties of veterinary
  4    medicine and means:
  5        (a)  To diagnose, treat, correct, change, relieve, or prevent animal  dis-
  6        ease,  deformity,  defect, injury, or other physical or mental conditions;
  7        including the prescription or administration of any drug,  medicine,  bio-
  8        logic, apparatus application, anesthetic, or other therapeutic or diagnos-
  9        tic substance or technique, and or the use of any obstetrical procedure or
 10        any  manual or mechanical procedure for artificial insemination, for test-
 11        ing or examining for pregnancy, fertility evaluation,  embryo  transplant,
 12        grading  of fresh semen, or to render advice or recommendation with regard
 13        to any of the above.
 14        (b)  To represent, directly or indirectly, publicly or privately, an abil-
 15        ity and willingness to do any act described  in  subsection  (2134)(a)  of
 16        this section.
 17        (c)  To use any title, words, abbreviations or letter in a manner or under
 18        circumstances which induce the belief that the person using them is quali-
 19        fied  to  do  any  act  described in subsection (2134)(a) of this section,
 20        except where such person is a licensed veterinarian.
 21        (2235) "Professional supervision" means the supervisor is in daily contact
 22    by telephone, radio or other means with the temporary licensee.
 23        (236) "Referral" means the transfer of responsibility  for  diagnosis  and
 24    treatment  from  the  referring veterinarian to the receiving veterinarian, or
 25    from the referring veterinarian to the board-certified specialist, or from the
 26    referring veterinarian to an allied health professional.
 27        (37) "Regular employee" means a  person  who  performs  services  for  the
 28    animal's  owner  other  than, or in addition to, feeding, boarding, castrating
 29    and dehorning, but does not include independent contractors or agents.
 30        (38) "Supervision" means the action or process of directing activities  or
 31    a course of action, and pertains to any and all employees of the veterinarian.
 32        (24) "School of veterinary medicine" means any veterinary college or divi-
 33    sion of a university or college that offers the degree of doctor of veterinary
 34    medicine  or  its  equivalent  and that conforms to the standards required for
 35    accreditation by the American veterinary medical association.
 36        (2539) "Supervisor" means an actively licensed veterinarian  employing  or
 37    and utilizing the services of a temporary licensee, certified veterinary tech-
 38    nician,  veterinary  technician  with  a  temporary  certification, veterinary
 39    assistant, or certified euthanasia technician,  or  as  provided  by  rule.  A
 40    supervisor  shall  be  individually  responsible and liable, regardless of the
 41    supervision provided, for all damages arising out of his own acts or omissions
 42    or for the performance of the any acts and omissions pertaining to  the  prac-
 43    tice of veterinary medicine that are delegated to the temporary licensee, cer-
 44    tified  veterinary  technician, veterinary technician, veterinary assistant or
 45    certified euthanasia technician. Nothing herein shall be construed to  relieve
 46    deprive  the board of its disciplinary authority with respect to the temporary
 47    licensees, certified veterinary technicians, veterinary assistants  or  certi-
 48    fied  euthanasia  technicians.  of  any responsibility or liability for any of
 49    their own acts and omissions.
 50        (26) "Therapeutic options or alternate therapies"  include,  but  are  not
 51    limited  to,  the  veterinary  practice of acupuncture, chiropractic, magnetic
 52    field therapy, holistic medicine, homeopathy,  herbology/naturopathy,  massage
 53    and  physical  therapy.  Diagnostic   evaluation by a licensed veterinarian is
 54    required prior to the application of any of these options or therapies.
 55        (40) "Unethical or unprofessional conduct" means to  knowingly  engage  in
                                                                        
                                           6
                                                                        
  1    conduct  of a character likely to deceive or defraud the public, false or mis-
  2    leading advertising or solicitation, obtaining  any  fee  or  compensation  by
  3    fraud  or  misrepresentation,  sharing office space and working in conjunction
  4    with any person illegally practicing  veterinary  medicine,  employing  either
  5    indirectly  or  directly  an  unlicensed or uncertified person to perform acts
  6    pertaining to the practice of veterinary medicine, except as provided  by  law
  7    or  rule, or the violation of any law or rules adopted by the board pertaining
  8    to unethical or unprofessional conduct, or that provide a code of professional
  9    conduct to be followed and carried out by persons licensed or certified by the
 10    board.
 11        (41)  "Unlicensed practice" means:
 12        (a)  The practice of veterinary medicine without a valid, unexpired, unre-
 13        voked, and unsuspended active license or certification in this state to do
 14        so, except as provided by law or rule; or
 15        (b)  Representing one's self through offerings, advertisements or  use  of
 16        professional titles or designations as being qualified to practice veteri-
 17        nary medicine.
 18        (2742) "Veterinarian" means a person who has received a doctor's degree in
 19    veterinary  medicine  from  an  accredited school of veterinary medicine or as
 20    otherwise provided by law or rule.
 21        (2843) "Veterinarian on premises" means a veterinarian is actually present
 22    at the hospital veterinary medical facility and who is prepared and  qualified
 23    to render veterinary services.
 24        (2944) "Veterinarian  on  call" means a veterinarian is not present at the
 25    hospital veterinary medical facility, but is able to respond within a  reason-
 26    able  time  to  requests for emergency veterinary services and has been desig-
 27    nated to so respond.
 28        (3045) "Veterinary medical facility" means any premises,  unit,  structure
 29    or mobile unit used or controlled by a veterinarian for the practice of veter-
 30    inary  medicine  and  where any animal is received or confined to be examined,
 31    diagnosed or treated medically, surgically or prophylactically. This does  not
 32    include the owner's animal on the owner's premises.
 33        (31) "Veterinary  medicine"  includes veterinary surgery, obstetrics, den-
 34    tistry, and all other branches or specialties of veterinary medicine.
 35        (3246) "Veterinary technician" means a person who  has  graduated  from  a
 36    veterinary  technology  program  accredited by the American veterinary medical
 37    association or a person who has received equivalent training as recognized  by
 38    the Idaho board of veterinary medicine set forth in the rules of the board.
 39        (3347) "Veterinary  technology"  means  the performance of services within
 40    the field practice of veterinary medicine by a person employed by  a  licensed
 41    veterinarian  to  perform such duties that require an understanding of veteri-
 42    nary medicine as are required in order to carrying out the orders of the  vet-
 43    erinarian.  However,  such  services  shall  not include prognosis, diagnosis,
 44    operative dentistry, deliberate tooth extraction procedures or the prescribing
 45    of treatment or performing surgery of any kind.
                                                                        
 46        SECTION 2.  That Section 54-2104, Idaho Code, be, and the same  is  hereby
 47    amended to read as follows:
                                                                        
 48        54-2104.  LICENSE  A PREREQUISITE TO PRACTICE -- EXCEPTIONS. (1) No person
 49    may practice veterinary medicine in the state who is not an actively  licensed
 50    veterinarian or the holder of a valid temporary permit issued by the board.
 51        (2)  This chapter shall not be construed to prohibit:
 52        (a)  A  veterinarian  employed  by the federal, state, or local government
 53        from performing his official duties specifically required under any lawful
                                                                        
                                           7
                                                                        
  1        act or statute, except that this exemption shall not apply to such persons
  2        not actively engaged in performing or fulfilling their official duties and
  3        responsibilities.
  4        (b)  A person who is a regular student  currently  enrolled  and  in  good
  5        standing in a veterinary an accredited school of veterinary medicine, vet-
  6        erinary  science  department or an educational institution accredited by a
  7        national or regional accrediting agency  recognized  by  the  Idaho  state
  8        board  of education or the United States department of education from per-
  9        forming duties or actions assigned by his  instructors,  or  from  working
 10        under the direct supervision of an actively licensed veterinarian during a
 11        school  vacation period. The unsupervised or unauthorized practice of vet-
 12        erinary medicine by a student, even though on the premises of  an  accred-
 13        ited school of veterinary medicine, veterinary science department, an edu-
 14        cational  institution  accredited  by  a  national or regional accrediting
 15        agency recognized by the Idaho state board  of  education  or  the  United
 16        States  department  of  education  or at a veterinary medical facility, is
 17        prohibited.
 18        (c)  A person who is a regular student  currently  enrolled  and  in  good
 19        standing  in  a  nonaccredited educational institution, that holds a valid
 20        certificate of registration issued by the Idaho state board of  education,
 21        from performing duties or actions assigned by his instructors. This exemp-
 22        tion  does  not  include  the  administration  of controlled substances or
 23        legend/prescription drugs, unless specifically allowed by state or federal
 24        law, rule or regulation. The unsupervised or unauthorized  personal  prac-
 25        tice   of   veterinary  medicine  by  a  student  on  the  premises  of  a
 26        nonaccredited educational institution is prohibited.
 27        (cd)  Idaho extension personnel from performing their official duties.
 28        (de)  A veterinarian regularly licensed holding a current, active license,
 29        in good standing, in another state, from consulting with a licensed veter-
 30        inarian in this state.
 31        (ef)  Any  merchant  or  manufacturer  from  selling  nonprescription  and
 32        noncontrolled medicines, biologics, feed, medicated  feed,  appliances  or
 33        other  products for the prevention or treatment of animal and poultry dis-
 34        eases. Such merchants or manufacturers shall not, either directly or indi-
 35        rectly, attempt to diagnose a symptom or disease in order to advise treat-
 36        ment, use of drugs, medicines, appliances or products.
 37        (fg)  A farmer, rancher or feedlot operator,  including  custom  ranch  or
 38        feedlot  operators,  and  their regular employees, or agents thereof, from
 39        caring for and  treating  animals  within  their  possession  or  control,
 40        including  castration  or  dehorning,  or when such animals have been con-
 41        signed by their legal owner and except where the ownership  or  possession
 42        of the animal was transferred or the employment changed to circumvent this
 43        chapter.
 44        (h)  Tthe  owner of an animal or his regular employees from caring for and
 45        treating the animals belonging to such owner, or livestock owners or regu-
 46        lar employees pregnancy testing their own  or  employer's  cattle  or  the
 47        exchange  of  services  for which no monetary compensation is paid between
 48        owners or their regular employees, or agents who are farmers, ranchers  or
 49        feedlot  operators,  including  custom  ranch or feedlot operators, except
 50        where the ownership or possession of the animal was transferred for    the
 51        purposes  of  or the employment changed to circumventing this chapter, and
 52        provided that only an actively licensed veterinarian may immunize or treat
 53        an animal for diseases  which  require  the  use  of  a  vaccine  that  is
 54        restricted  by state or federal law, rules or regulations, or as otherwise
 55        provided by board rule. Notwithstanding the provisions of this  paragraph,
                                                                        
                                           8
                                                                        
  1        a  veterinarian/client/patient  relationship,  as  defined  by rules, must
  2        exist when controlled substances or legend/prescription drugs are adminis-
  3        tered, distributed, dispensed or prescribed.
  4        (gi)  A member of a faculty of a veterinary an  accredited  school  or  of
  5        veterinary  medicine,  a  veterinary science department, or an educational
  6        institution accredited by a national or regional accrediting agency recog-
  7        nized by the Idaho state board of education or the United  States  depart-
  8        ment  of  education,  from  performing  his regular functions, or a person
  9        lecturing or giving instructions or demonstrations at a veterinary  school
 10        or  veterinary science department, or in connection with a continuing edu-
 11        cation course or seminar. The unsupervised or unauthorized personal  prac-
 12        tice of veterinary medicine, by a faculty member on the premises of any of
 13        the above institutions, is prohibited.
 14        (hj)  Any  person  from selling or applying any pesticide, insecticide, or
 15        herbicide.
 16        (k)  A person lecturing or giving instructions  or  demonstrations  at  an
 17        accredited school of veterinary medicine, veterinary science department or
 18        an  educational institution accredited by a national or regional accredit-
 19        ing agency recognized by the Idaho state board of education or the  United
 20        States department of education, or in connection with an approved continu-
 21        ing education course or seminar.
 22        (l)  A member of a faculty of a nonaccredited educational institution, who
 23        holds  a valid certificate of registration issued by the Idaho state board
 24        of education, from performing his regular functions. This  exemption  does
 25        not    include    the   administration   of   controlled   substances   or
 26        legend/prescription drugs, unless specifically allowed by state or federal
 27        law, rule or regulation. The unsupervised or unauthorized  personal  prac-
 28        tice  of  veterinary  medicine  by  a  faculty member on the premises of a
 29        nonaccredited educational institution is prohibited.
 30        (im)  Any person engaging in bona fide scientific research  which  reason-
 31        ably  requires experimentation involving animals from performing his regu-
 32        lar functions Individuals employed as instructors or  researchers  by,  or
 33        enrolled  as  students in, any bona fide medical research institution from
 34        conducting experiments and scientific research on animals:
 35             (i)   In the development of pharmaceuticals, biologicals, serums  for
 36             treating human or animal ailments; or
 37             (ii)  In  the  development  of methods of treatment or techniques for
 38             the diagnosis or treatment of human or animal ailments; or
 39             (iii) When engaged in the study and development of methods and  tech-
 40             niques  directly  or indirectly applicable to the practice of veteri-
 41             nary medicine, so long as such research is  conducted  in  compliance
 42             with applicable state and federal laws, rules and regulations.
 43        (jn)  Any  person from performing artificial insemination of domestic ani-
 44        mals as governed by chapter 8, title 25, Idaho Code.
 45        (ko)  Any person from horseshoeing or hoof  trimming  bovine,  equine  and
 46        farm animals.
 47        (lp)  A  member of aAn allied health professional actively licensed and in
 48        good standing in any state  from  participating  in  a  medical  procedure
 49        involving   an animal, provided that such participation is in his licensed
 50        field of medicine and  under  the  indirect  supervision  of  an  actively
 51        licensed veterinarian.
 52        (mq)  Any  person from the gratuitous treatment of animals in an emergency
 53        as a neighborly act.
 54        (nr)  Any state or federal livestock inspector from performing  his  offi-
 55        cial  duties  specifically  required  under any lawful act or statute, and
                                                                        
                                           9
                                                                        
  1        provided that this exemption shall not apply to such persons not  actively
  2        engaged in performing or fulfilling their official duties and responsibil-
  3        ities.
  4        (os)  A  certified euthanasia agency from operating as a CEA as defined by
  5        the board under accompanying law and rules.
  6        (pt)  A certified euthanasia technician from performing  those  duties  as
  7        defined by the board under accompanying law and rules.
  8        (qu)  Any  person  from  utilizing  cotton  swabs,  gauze,  dental  floss,
  9        dentifrice, or toothbrushes or similar items to clean an animal's teeth.
 10        (v)  A certified veterinary technician from practicing veterinary technol-
 11        ogy under the direct supervision and employ of an actively licensed veter-
 12        inarian.
 13        (w)  An  assistant from performing acts pertaining to the practice of vet-
 14        erinary medicine under the direct supervision of the employing,  supervis-
 15        ing  veterinarian  that  delegated the acts and compensates the assistants
 16        for the performance of such acts.
 17        (x)  The personal representative, executor or sole  surviving  heir  of  a
 18        licensed  veterinarian  from  continuing to operate the veterinary medical
 19        facility of the deceased for a period of not more than twelve (12)  months
 20        following  death,  and  providing  that  an actively licensed veterinarian
 21        makes all the decisions pertaining to the diagnosis, care and treatment of
 22        the patients.
 23        (3)  Nothing in this section shall be construed as  limiting  the  board's
 24    authority  to  provide  other exemptions or exceptions to the requirements for
 25    licensing, under its rulemaking authority, as the board may find necessary  or
 26    appropriate.
                                                                        
 27        SECTION  3.  That  Section 54-2105, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        54-2105.  BOARD OF VETERINARY MEDICINE -- COMPOSITION  --  APPOINTMENT  --
 30    VACANCY  --  QUALIFICATIONS -- COMPENSATION -- REMOVAL -- MEETINGS -- OFFICERS
 31    -- REVENUES -- POWERS. (1) A board of veterinary medicine, which shall consist
 32    of six (6) members to be appointed by the governor, is hereby created  in  the
 33    department of self-governing agencies. Five (5) members shall be veterinarians
 34    and  one  (1) member shall be a public member. Each of the five (5) appointive
 35    veterinary members shall serve a term of four (4) years as a veterinary  board
 36    member  and  a  fifth  year  as  a  liaison officer, or until his successor is
 37    appointed, except that the terms of the first appointees may  be  for  shorter
 38    periods  to permit staggering of terms whereby one (1) term expires each year.
 39    The public member shall serve for a term of three (3) years or until his  suc-
 40    cessor is appointed.
 41        Whenever  the  occasion  arises  for an appointment of a veterinary member
 42    under this section, one (1) of the state veterinary medical association or one
 43    (1) of the regional veterinary medical associations may nominate three (3)  or
 44    more  qualified  persons  and forward the nominations to the governor at least
 45    thirty (30) days before the date set for  the appointment. The governor  shall
 46    appoint  one (1) of the persons so nominated. Vacancies due to death, resigna-
 47    tion or removal shall be filled for the remainder of the unexpired term in the
 48    same manner as regular appointments. No person shall serve two (2) consecutive
 49    terms, except in the case of a person appointed for less  than  a  full  term.
 50    Each  of the five (5) veterinarians shall be qualified to serve as a member of
 51    the board if a graduate of an accredited school of veterinary school  medicine
 52    or, if a foreign veterinary graduate, a letter from the educational commission
 53    for  foreign  veterinary graduates (ECFVG)  certifying completion of the ECFVG
                                                                        
                                           10
                                                                        
  1    program or a copy of their ECFVG certificate, in addition to  verification  of
  2    graduation  from  a nonaccredited school of veterinary medicine, a resident of
  3    this state, and has been licensed to  practice  veterinary  medicine  in  this
  4    state  for  the  five (5) years immediately preceding the time of appointment.
  5    The public member shall be at least twenty-one (21) years of age and  a  resi-
  6    dent  of  this  state for five (5) years immediately preceding appointment. No
  7    person may serve on the board who is, or was, during the two (2) years preced-
  8    ing appointment, a member of the faculty or trustees  of an accredited  school
  9    of veterinary school medicine.
 10        Each  member of the board, and certified euthanasia task force and veteri-
 11    nary  technical  committee  shall  be  compensated  as  provided  by   section
 12    59-509(n), Idaho Code.
 13        Any  member of the board may be removed by the governor after a hearing by
 14    the board determines cause for removal.
 15        (2)  The board shall meet at least once each year at the  time  and  place
 16    fixed  by  rule  of  the  board. Other necessary meetings may be called by the
 17    president of the board by giving notice as may be required by state statute or
 18    rule. Except as may otherwise be provided, a majority of the board constitutes
 19    a quorum. Meetings shall be open and public except that the board may meet  in
 20    closed  session  to prepare, approve, administer or grade examinations, or; to
 21    deliberate the qualifications of an applicant for a license or the disposition
 22    of a proceeding to discipline a licensed veterinarian certification;  to  con-
 23    duct deliberations in disciplinary proceedings; to consider investigatory mat-
 24    ters; or as otherwise allowed by law.
 25        (3)  The  board member serving the fourth year of appointment shall be the
 26    president of the board and shall serve as chairman of at the board meetings.
 27        (4)  The board member serving the fifth year of appointment shall  be  the
 28    liaison officer of the board.
 29        (5)  All  revenues  received under this chapter shall be paid to the state
 30    board of veterinary medicine account created in section 54-21202, Idaho  Code,
 31    and  shall be subject to and administered in accordance with the provisions of
 32    this chapter.
 33        (56)  The board shall have the power to:
 34        (a)  Establish qualifications and prescribe  the  application  format  for
 35        licensure  as a veterinarian and certification as a veterinary technician,
 36        euthanasia agency or euthanasia technician, review  each  application  for
 37        compliance  with  the  licensure and certification requirements, and issue
 38        licenses and certifications.
 39        (b)  Examine and determine the qualifications and  fitness  of  applicants
 40        for  a  license to practice veterinary medicine, or certification to prac-
 41        tice veterinary technology or as a euthanasia technician or operate  as  a
 42        certified euthanasia agency in the state.
 43        (bc)  Issue,  renew,  reinstate,  deny, suspend, sanction, place on proba-
 44        tion, require voluntary surrender of, or revoke any licenses, and   certi-
 45        fications  or  temporary  permits or certifications to practice veterinary
 46        medicine or veterinary technology in the state, or otherwise impose  other
 47        forms of discipline, and enter into consent agreements and negotiated set-
 48        tlements  with  licensed  veterinarians, certified veterinary technicians,
 49        certified euthanasia technicians and certified euthanasia agencies consis-
 50        tent with the provisions of this chapter and the rules adopted hereunder.
 51        (cd)  Establish a schedule of fees for licensing, certifying and register-
 52        ing veterinarians, veterinary technicians, certified  euthanasia  agencies
 53        and certified euthanasia technicians.
 54        (e)  Review  and  approve  applications from applicants wanting to sit for
 55        the national licensing examinations in veterinary medicine,  developed  by
                                                                        
                                           11
                                                                        
  1        the  national  board  examination committee for veterinary medicine or its
  2        designees and the veterinary technician national examination developed  by
  3        the  American association of veterinary state boards or its designees, and
  4        administer the veterinary technician national examination.
  5        (df)  Upon its own motion or upon any complaint, to initiate and  cConduct
  6        investigations  for  the purpose of discovering violations of this chapter
  7        or grounds for disciplining  licensed  veterinarians,  veterinary  techni-
  8        cians,  certified euthanasia agencies and certified euthanasia technicians
  9        on all matters relating to the practice of veterinary medicine or  veteri-
 10        nary  technology and to initiate and conduct disciplinary hearings or pro-
 11        ceedings on its own or through its designated  hearing  officer,  provided
 12        such hearings and proceedings shall be held in conformance with the provi-
 13        sions of chapter 52, title 67, Idaho Code.
 14        (eg)  Hold  hearings on all matters properly brought before the board, and
 15        in connection thereto to administer oaths, receive evidence, make the nec-
 16        essary determinations, and enter orders consistent with the findings.  The
 17        board  may  require the attendance and testimony of witnesses and the pro-
 18        duction of papers, records, or other documentary evidence and may  commis-
 19        sion  depositions.  The board may designate one (1) or more of its members
 20        or a person appointed by the state board of veterinary medicine  to  serve
 21        as its hearing officer.
 22        (fh)  Employ  full-time  or part-time personnel, professional, clerical or
 23        special, necessary to effectuate the provisions of this chapter  and  pur-
 24        chase or rent necessary office space, equipment and supplies.
 25        (gi)  Appoint  from  its  own membership one (1) or more members to act as
 26        representatives of the board at any meeting within or  outside  the  state
 27        where such representation is deemed desirable.
 28        (hj)  Bring  proceedings in the courts for the enforcement of this chapter
 29        or any rules made pursuant thereto.
 30        (ik)  Levy civil penalties, assess fines, and recover costs and attorney's
 31        fees incurred by the board in investigation and prosecution of complaints.
 32        (jl)  Establish a certified euthanasia task  force  for  the  purposes  of
 33        training,  examining,  licensing and certifying certified euthanasia agen-
 34        cies and certified euthanasia technicians and assess application,  license
 35        training workshop and certification fees. The fees so assessed are contin-
 36        uously  appropriated  to  the  board to support the activities of the task
 37        force.
 38        (k)  Establish qualifications for licensure of certified euthanasia  agen-
 39        cies and certified euthanasia technicians.
 40        (l)  Issue, renew, deny, suspend or revoke licenses to operate as a CEA or
 41        practice  as  a  CET  in the state or otherwise discipline CEA's and CET's
 42        consistent with this chapter and the rules of the board.
 43        (m)  Establish a veterinary technical committee and assess application and
 44        certification fees. The fees so assessed are to be deposited to the  state
 45        board of veterinary medicine account to support the activities of the com-
 46        mittee.
 47        (nm)  Adopt,  amend, or repeal all sections of this chapter and rules nec-
 48        essary for its government and all rules necessary to carry into effect the
 49        provisions of this chapter pursuant to the Idaho administrative  procedure
 50        act,  chapter  52,  title  67, Idaho Code, including the establishment and
 51        publication of standards of professional conduct for the practice of  vet-
 52        erinary medicine.
 53        The  powers  enumerated  above are granted for the purpose of enabling the
 54    board to effectively supervise the practice of veterinary medicine and are  to
 55    be construed liberally to accomplish this objective.
                                                                        
                                           12
                                                                        
  1        SECTION  4.  That  Section 54-2107, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        54-2107.  LICENSE APPLICATION -- CONTENTS -- FEE. Any  person  desiring  a
  4    license  to  practice  veterinary  medicine  in  this state shall make written
  5    application to the board. To apply for a  veterinary  license,  the  applicant
  6    shall  complete the "application for licensure to practice veterinary medicine
  7    and surgery" available from the board office. A  completed  application  shall
  8    contain the applicant's notarized signature and shall include:
  9        (1)  A copy of a birth certificate, religious certificate or current pass-
 10    port proving that the applicant is twenty-one (21) years of age or more.
 11        (2)  Affidavits  issued  during  the year preceding licensure from two (2)
 12    veterinarians currently licensed in any state attesting to the fact  that  the
 13    applicant is of good moral character.
 14        (3)  A  certified  copy  of a veterinary school diploma from an accredited
 15    school of veterinary medicine or  a  letter  from  the  graduate's  school  an
 16    accredited  school of veterinary medicine verifying satisfactory graduation by
 17    the applicant or, if a foreign school graduate, a  letter  from  the  American
 18    veterinary medical association's educational commission for foreign veterinary
 19    graduates  (ECFVG) certifying completion of the ECFVG program or a copy of the
 20    ECFVG certificate or by completion of the educational and competency  require-
 21    ments as outlined by the rules of the board.
 22        (4)  Passing scores on the national examinations developed by the national
 23    board  of  examination  committee, or its designee, including, but not limited
 24    to: the national board examination (NBE)  and  the  clinical  competency  test
 25    (CCT),  or  the north American veterinary licensing examination (NAVLE), which
 26    may be taken in any state at any time (no time limit).
 27        (5)  After November 1, 2000, applicants  who  have  taken  their  national
 28    examinations  prior  to  this  date and have not taken and passed the clinical
 29    competency test (CCT) may, in lieu of a passing score on the CCT, provide  the
 30    following  documentation  from  the licensing board in the state in which they
 31    are currently actively practicing or from the veterinary information verifying
 32    agency of the American association of veterinary state boards:
 33        (a)  Verification of seven (7) years of continuous, active practice in the
 34        same state where they are currently  practicing,  and  provided  that  the
 35        requirements for licensure in the state are similar to those in Idaho; and
 36        (b)  Verification  of no disciplinary action taken against the applicant's
 37        license to practice veterinary medicine during the  same  seven  (7)  year
 38        period prior to applying for a veterinary license in this state.
 39        (c)  The practice of applicants licensed under this provision will be lim-
 40        ited  to  the same fields of veterinary medicine as they have practiced in
 41        another state during the seven (7) year period prior  to  applying  for  a
 42        veterinary license in this state.
 43        (6)  A passing score of at least ninety percent (90%) correct on the Idaho
 44    jurisprudence examination.
 45        (67)  Written  verification of license in good standing from the licensing
 46    organization in any state in which the applicant has held a license or as pro-
 47    vided by the veterinary information verifying agency of the American  associa-
 48    tion  of veterinary state boards for any state in which the applicant has held
 49    a license.
 50        (78)  The license application fee and first  year's  license  fee  in  the
 51    amount established in the rules adopted by the board.
 52        (89)  Any additional information that the board may request.
 53        (910) Application  materials  will  be  valid  and maintained at the board
 54    office for a period of one (1) year.
                                                                        
                                           13
                                                                        
  1        The board will review applications and issue licenses in January and  June
  2    of  each year. Applicants shall have their completed applications at the board
  3    office by the first day of January or June. If an applicant is found not qual-
  4    ified, the board shall immediately notify the applicant  in  writing  of  such
  5    finding  and the grounds therefor. An applicant denied licensure may request a
  6    hearing pursuant to the procedures set forth in chapter 52,  title  67,  Idaho
  7    Code. Any applicant who is denied licensure shall be allowed the return of the
  8    license fee portion of the application fee.
  9        Any  applicant  taking and passing the Idaho jurisprudence examination and
 10    not wanting to be licensed at the next review by the board, shall  be  allowed
 11    the return of the license fee portion of the application fee only.
                                                                        
 12        SECTION  5.  That  Section 54-2110, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        54-2110.  LICENSE WITHOUT CLINICAL COMPETENCY TEST (CCT).  (1)  The  board
 15    may,  upon  payment  of  the fee prescribed under section 54-2107, Idaho Code,
 16    license without the clinical  competency  test  (CCT)  any  person  who  is  a
 17    diplomate  with  current  certification from a specialty board approved by the
 18    American veterinary medical association. The applicant shall  pass  the  Idaho
 19    jurisprudence  exam with a score of at least ninety percent (90%) correct. The
 20    veterinary practice of any person who is licensed pursuant to this  subsection
 21    is  limited  to referrals in the specialty in which the person is board certi-
 22    fied.
 23        (2)  After November 1, 2000, the board may, upon payment of the  fee  pre-
 24    scribed under section 54-2107, Idaho Code, license without the clinical compe-
 25    tency test (CCT) any person who has taken their national examinations prior to
 26    this  date and has not taken and passed the CCT but has fulfilled, in addition
 27    to  the  other  requirements  for  licensure,  the  requirements  of   section
 28    54-2107(5), Idaho Code.
 29        (3)  The  board  may require a personal interview of any or all applicants
 30    under this section.
                                                                        
 31        SECTION 6.  That Section 54-2111, Idaho Code, be, and the same  is  hereby
 32    amended to read as follows:
                                                                        
 33        54-2111.  TEMPORARY PERMIT. The board may, at its discretion, issue a tem-
 34    porary  permit  to an applicant who has passed the NBE and Idaho jurisprudence
 35    exam but who has not yet taken the CCT, or to a new graduate, or  a  currently
 36    practicing  veterinarian  licensed  in  another  state,  who has fulfilled the
 37    requirements for licensure in this state.  The  tTemporary  permits  shall  be
 38    valid  until  the  next license application review by the board or for no more
 39    than one (1) year, during which the applicants issued a temporary permit with-
 40    out having taken the CCT or fulfilling the requirements of section 54-2107(5),
 41    Idaho Code, shall take and pass the CCT., and uUnder no circumstances shall  a
 42    second temporary permit be issued to the same person. A temporary permit shall
 43    not be issued to any applicant whose license has been revoked in any state for
 44    a reason other than nonpayment of license renewal fees. An applicant granted a
 45    temporary permit shall provide verification of one (1) year of that during the
 46    twelve  (12)  months immediately preceding issuance of the temporary permit he
 47    has been in active veterinary practice in another state or  shall  work  under
 48    the professional supervision of an actively licensed veterinarian. licensed in
 49    Idaho  An  applicant  working  under a supervised temporary permit will not be
 50    allowed to become federally accredited in Idaho until the first year's license
 51    has been granted.
                                                                        
                                           14
                                                                        
  1        SECTION 7.  That Section 54-2112, Idaho Code, be, and the same  is  hereby
  2    amended to read as follows:
                                                                        
  3        54-2112.  EXPIRATION  OF  LICENSE -- NOTICE -- RENEWAL -- INACTIVE STATUS.
  4    All licenses shall expire annually on July 1 of each year, but may be  renewed
  5    by  submission  of  the  annual renewal form prescribed by the board, proof of
  6    completion of the appropriate hours of continuing education,  satisfaction  of
  7    any by meeting other requirements as defined in the rules adopted by the board
  8    and  payment  of the renewal fee established and published by the board. On or
  9    about May 1 of each year, the board shall mail a notice to each licensed  vet-
 10    erinarian  that  the  license  will expire on July 1, and shall also provide a
 11    form for renewal. The board shall issue a new license to all qualified persons
 12    registering under this chapter.
 13        Any veterinarian licensed in Idaho who advises the  veterinary  board,  in
 14    writing,  that he or she does not intend to actively practice veterinary medi-
 15    cine in the state of Idaho and therefore does not intend to meet the licensing
 16    requirements for an active license for the current licensing  year,  shall  be
 17    transferred  from  active  to  inactive status and shall be required to pay an
 18    inactive status fees as prescribed in the rules of the board. Any  person  may
 19    transfer  from  inactive  to  active  status by making written application for
 20    reinstatement to active status, paying the active license renewal all required
 21    fees and by meeting other requirements for reinstatement  as  defined  in  the
 22    rules of the board.
 23        Any  person  who  shall practice practicing veterinary medicine without an
 24    active license or after the expiration of a license or during inactive  status
 25    and  who fails to renew or reinstate the license shall be practicing in viola-
 26    tion of this chapter. Any person whose license expires prior to July 1,  1995,
 27    may  renew an expired license within five (5) years of the date of its expira-
 28    tion by making written application for renewal and paying  the  current  rein-
 29    statement  and  renewal  fees  plus all delinquent renewal fees and by meeting
 30    other requirements as defined in the rules of the board. After five (5)  years
 31    have  elapsed since the date of expiration, or if a license expires after July
 32    1, 1995, the license A license or certification that is allowed to expire  may
 33    not  be  renewed  or reinstated, but the holder may make application for a new
 34    license.
 35        The board may by rule waive the payment of the registration annual renewal
 36    fee of a licensed veterinarian during the  period  when  the  licensee  is  on
 37    active  duty  with  the armed services of the United States, not to exceed the
 38    longer of three (3) years or the duration of a national emergency.
                                                                        
 39        SECTION 8.  That Chapter 21, Title 54, Idaho Code, be,  and  the  same  is
 40    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 41    ignated as Section 54-2113, Idaho Code, and to read as follows:
                                                                        
 42        54-2113.  CORPORATE PRACTICE. (1) A veterinary  medical  practice  may  be
 43    conducted only as a sole proprietorship, as a partnership or as a professional
 44    service  corporation  as defined in chapter 13, title 30, Idaho Code. No busi-
 45    ness corporation, other than a  professional  service  corporation,  shall  be
 46    organized  for the practice of veterinary medicine or shall provide veterinary
 47    medical services.
 48        (2)  A not-for-profit corporation may own property in  connection  with  a
 49    veterinary  medical  facility  or  animal  shelter,  provided that an actively
 50    licensed veterinarian makes all the decisions pertaining  to  diagnosis,  care
 51    and treatment of the patients.
                                                                        
                                           15
                                                                        
  1        SECTION  9.  That  Chapter  21,  Title 54, Idaho Code, be, and the same is
  2    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  3    ignated as Section 54-2114, Idaho Code, and to read as follows:
                                                                        
  4        54-2114.  UNAUTHORIZED  PRACTICE  A MISDEMEANOR. (1) Anyone not authorized
  5    to practice veterinary medicine under this chapter in which an active  veteri-
  6    nary license in this state is a prerequisite to practice, who does practice or
  7    offers  to  practice or holds himself out as being able to practice veterinary
  8    medicine, or who practices veterinary medicine as an exempt person during  the
  9    time  when  his  license  is expired, suspended, revoked or annulled, shall be
 10    practicing in violation of this chapter and is subject to  the  provisions  of
 11    section 54-2117, Idaho Code.
 12        (2)  Any  licensed veterinarian that aids or abets an unlicensed or uncer-
 13    tified person to practice veterinary medicine or employs or holds  such  unli-
 14    censed person out as being able to practice veterinary medicine, shall be sub-
 15    ject to the provisions of sections 54-2115 and 54-2117, Idaho Code.
 16        (3)  Anyone  not  authorized  to  practice  veterinary medicine under this
 17    chapter in which an active veterinary license in this state is a  prerequisite
 18    to  practice,  who  offers  services in the field of veterinary medicine to an
 19    individual in this state,  through  telephonic,  electronic  or  other  means,
 20    regardless of the location or profession of this individual, shall be practic-
 21    ing  in  violation of this chapter and be subject to the provisions of section
 22    54-2117, Idaho Code.
                                                                        
 23        SECTION 10.  That Section 54-2113, Idaho Code, be, and the same is  hereby
 24    amended to read as follows:
                                                                        
 25        54-21135.  REVOCATION  OR  SUSPENSION -- GROUNDS FOR DISCIPLINE. The board
 26    may refuse to issue, renew or reinstate the license of a veterinarian, or  may
 27    deny,  revoke, or suspend, for a certain time  sanction, place on probation or
 28    require  voluntary  surrender  of, the license of a veterinarian, or otherwise
 29    may impose other forms of discipline, and enter into  consent  agreements  and
 30    negotiated  settlements  with any licensed veterinarian pursuant to the proce-
 31    dures set forth in chapter 52, title 67, Idaho Code, for any of the  following
 32    reasons:
 33        (1)  The  employment of fraud, misrepresentation or deception in obtaining
 34    a license.
 35        (2)  Adjudication of insanity.
 36        (3)  Unethical or uUnprofessional conduct, as defined by section  54-2103,
 37    Idaho  Code,  the rules of the board, and includes, but is not limited to, the
 38    code of professional conduct established by the rules of the board.
 39        (3)  Cconviction of a charge of violating any federal or state statute  or
 40    rule  or  regulation  regulating narcotics, dangerous drugs or controlled sub-
 41    stances.
 42        (4)  The use of advertising or solicitation which is false, misleading, or
 43    fraudulent.
 44        (5)  Being found guilty, convicted, placed on probation, having entered  a
 45    guilty plea that is accepted by the court, forfeiture of bail, bond or collat-
 46    eral  deposited to secure a defendant's appearance, or having received a with-
 47    held judgment or suspended sentence by a court of  competent  jurisdiction  in
 48    this state or any other state of one (1) or more of the following:
 49        (a)  Any felony as defined in chapter 1, title 18, Idaho Code; or
 50        (b)  Any  other criminal act which in any way is related to the qualifica-
 51        tions, functions or duties practice of veterinary  medicine,  surgery,  or
 52        dentistry as defined by section 54-2103, Idaho Code.
                                                                        
                                           16
                                                                        
  1        (65) Medical  iIncompetence, gross negligence, or other malpractice in the
  2    practice of veterinary medicine, as defined by section 54-2103, Idaho Code.
  3        (6)  Physical or mental incompetence, in the practice of veterinary  medi-
  4    cine, as defined in section 54-2103, Idaho Code.
  5        (7)  Malpractice or negligence, in the practice of veterinary medicine, as
  6    defined in section 54-2103, Idaho Code.
  7        (78)  Having a professional association with or employing or lending one's
  8    name  to  any  illegal  practitioner  of  veterinary  medicine and the various
  9    branches thereof Aiding or abetting an unlicensed  or  uncertified  person  to
 10    practice  veterinary medicine or veterinary technology or employing or holding
 11    such unlicensed person out as being able to practice  veterinary  medicine  or
 12    veterinary technology.
 13        (89)  Fraud,  dishonesty,  failure  to  report, or gross negligence in the
 14    inspection of foodstuffs animals and animal products intended for  human  con-
 15    sumption,  issuance  of health or inspection certificates, in the application,
 16    treatment, or reporting of any test for disease in animals, and  in  reporting
 17    any contagious or infectious disease.
 18        (910) Failure  to  comply with the veterinary standards of practice, or as
 19    established by board rule.
 20        (11) Failure to comply with the recordkeeping requirements, as defined  in
 21    established by the rules of the board.
 22        (102) Cruelty  to  animals  including, but not limited to, the intentional
 23    and malicious infliction of pain, physical suffering, injury or death, perfor-
 24    mance of experimental treatments without the owner's consent,  deprivation  of
 25    necessary sustenance, withholding of appropriate pain medications or levels of
 26    pain  medications,  or the administration of unnecessary procedures and treat-
 27    ment.
 28        (13)  Infliction of pain on any animal  in  self-defense,  or  to  prevent
 29    physical  harm  to  others,  or in accordance with local custom and culture in
 30    moving, handling, treating, dehorning, castrating or performing  other  proce-
 31    dures on livestock, shall not be considered cruel or physically abusive unless
 32    done  in an unnecessary or intentionally malicious manner. This provision does
 33    not alter section 25-3514, Idaho Code.
 34        (114) The revocation or suspension by a sister state or territory or  vol-
 35    untary  surrender  of  a  license  or  certificate  by  virtue of which one is
 36    licensed to practice veterinary medicine in that state, territory or  district
 37    of the United States on grounds other than nonpayment of renewal fees.
 38        (15) Failure  to  fulfill the continuing education requirements, as estab-
 39    lished by the rules of the board.
 40        (16) The use, prescription or sale of any controlled substance, veterinary
 41    legend/prescription drug or prescription of an extra-label use for  any  human
 42    or veterinary drug without a valid veterinarian/client/patient relationship.
 43        (17) Overtreating,  unless  the  services  were contracted for in advance,
 44    charging for services which were not rendered, charging for services that were
 45    not documented in the patient's records, or charging for  services  that  were
 46    not consented to by the owner of the patient or the owner's agent.
 47        (18) Failure  to  furnish details of a patient's medical record to another
 48    veterinarian, hospital, clinic, owner or owner's agent.
 49        (19) Failure of any applicant or licensee to cooperate with the board dur-
 50    ing any investigation, even if such investigation does not personally  concern
 51    the applicant or licensee.
 52        (20) Failure  to comply with the terms of any order, negotiated settlement
 53    or probationary agreement of the board.
 54        (21) Failure to comply with  the  terms  for  renewal  or  to  timely  pay
 55    license,  certification  or registration renewal fees, as specified by section
                                                                        
                                           17
                                                                        
  1    54-2112, Idaho Code, and the rules of the board.
  2        (22) Failure of a licensed veterinarian to exercise proper supervision, as
  3    defined by the rules of the board, when supervising a  temporary  licensee  or
  4    holder of a temporary certification, a certified veterinary technician, a vet-
  5    erinary  technician, a veterinary assistant, a certified euthanasia technician
  6    or other employee, except in an emergency  situation  as  defined  in  section
  7    54-2103, Idaho Code.
  8        (23) Delegation  of  an act pertaining to the practice of veterinary medi-
  9    cine to an unqualified employee, regardless of the supervision provided.
 10        (124) Aiding or abetting or violating any of the provisions of this  chap-
 11    ter or any lawful rule or order of the board.
 12        (13) For the purposes of this chapter, the term "conviction" means a find-
 13    ing  of  guilt, an entry of a guilty plea by a defendant and its acceptance by
 14    the court, or a forfeiture of bail bond or collateral deposited  to  secure  a
 15    defendant's appearance, suspended sentence, probation or withheld judgment.
                                                                        
 16        SECTION  11.  That Section 54-2115, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        54-21156.  JUDICIAL REVIEW. Any party aggrieved by a decision of the board
 19    may seek judicial review of the decision pursuant to the administrative proce-
 20    dure act, chapter 52, title 67, Idaho Code.
                                                                        
 21        SECTION 12.  That Section 54-2116, Idaho Code, be, and the same is  hereby
 22    amended to read as follows:
                                                                        
 23        54-21167.  RELICENSING AND REINSTATEMENT. Any person whose license is sus-
 24    pended  or revoked may, at the discretion of the board, be relicensed or rein-
 25    stated at any time with or without an examination, by  majority  vote  of  the
 26    board  on  written  application    made  to the board showing cause justifying
 27    relicensing or reinstatement.
 28        In reinstating a license which has been suspended or revoked under section
 29    54-21135, Idaho Code, the board may impose terms and conditions to be followed
 30    by the licensee after the license has been reinstated. The  authority  of  the
 31    board to impose terms and conditions includes, but is not limited to, the fol-
 32    lowing:
 33        (1)  Requiring the licensee to obtain additional professional training and
 34    to pass an examination upon completion of the training.
 35        (2)  Requiring  the licensee to pass an oral, written, practical or clini-
 36    cal examination, or any combination thereof to determine  present  fitness  to
 37    engage in the practice of veterinary medicine.
 38        (3)  Restricting or limiting the extent, scope, or type of practice of the
 39    licensee.
 40        (4)  Requiring  the licensee to obtain professional counseling and undergo
 41    and maintain treatment and testing for alcohol or drug related problems.
                                                                        
 42        SECTION 13.  That Section 54-2117, Idaho Code, be, and the same is  hereby
 43    amended to read as follows:
                                                                        
 44        54-21178.  VIOLATIONS OF CHAPTER -- REMEDIES AND PENALTIES. In addition to
 45    the disciplinary actions set forth in section 54-2115, Idaho Code:
 46        (1)  Any  person  violating the provisions of this chapter, or violating a
 47    rule promulgated by the board to implement the provisions of this chapter  may
 48    be  assessed  a civil penalty by the board or its duly authorized agent of not
 49    more than three five  thousand dollars ($35,000) for each offense and shall be
                                                                        
                                           18
                                                                        
  1    liable for investigatory expenses and reasonable attorney's fees, and provided
  2    that each act on each day of violation shall constitute  a  separate  offense.
  3    Assessment  of a civil penalty may be made in conjunction with any other board
  4    administrative action. No civil penalty may  be  assessed  unless  the  person
  5    charged  was  given notice and opportunity for a hearing pursuant to the Idaho
  6    administrative procedure act. If the board is unable to collect the civil pen-
  7    alty, investigatory expenses or reasonable attorney's fees, or if  any  person
  8    fails  to  pay  all of a set portion of the civil penalty as determined by the
  9    board, it may recover such amount by action in the appropriate district court.
 10    Any person against whom the board has assessed a civil penalty under this sec-
 11    tion may, within thirty (30) days  of  the  final  agency  action  making  the
 12    assessment, appeal the assessment to the district court of the county in which
 13    the violation is alleged by the board to have occurred.
 14        (2)  Any  person  who practices veterinary medicine, any person practicing
 15    as a certified veterinary technician, a certified euthanasia technician or any
 16    agency operating as a certified euthanasia agency without a  currently  valid,
 17    active  license, certification, or temporary permit or temporary certification
 18    shall be guilty of a misdemeanor and upon conviction shall be fined  not  less
 19    than  one  hundred  dollars  ($100),  nor  more than five ten thousand dollars
 20    ($510,000), or imprisoned for no more than one hundred eighty (180)  days,  or
 21    both  fined  and imprisoned, and provided that each act of such unlawful prac-
 22    tice shall constitute a distinct and separate offense.
 23        (3)  No person who shall practice veterinary medicine without a  currently
 24    valid license or temporary permit may receive any compensation for services so
 25    rendered.
 26        (4)  The  board,  the  attorney  general's  office,  any district court or
 27    county attorney, or any citizen of this state may bring an  action  to  enjoin
 28    any  person  from  practicing veterinary medicine or practicing as a certified
 29    veterinary technician, certified euthanasia technician, or any agency  operat-
 30    ing  as  a  certified  euthanasia  agency  without  a  currently valid, active
 31    license, certification, or temporary permit, or  temporary  certification.  If
 32    the  court  finds that the person is violating the provisions of this chapter,
 33    it shall enter an injunction restraining that individual  from  such  unlawful
 34    acts.
 35        (54)  The  successful maintenance of an action based on any one (1) of the
 36    remedies set forth in this section shall in no way prejudice  the  prosecution
 37    of an action based on any other of the remedies.
                                                                        
 38        SECTION  14.  That Section 54-2118, Idaho Code, be, and the same is hereby
 39    amended to read as follows:
                                                                        
 40        54-21189.  ADMINISTRATION AND ENFORCEMENT OF CHAPTER. This  chapter  shall
 41    be administered by the board.
                                                                        
 42        SECTION  15.  That Section 54-2119, Idaho Code, be, and the same is hereby
 43    amended to read as follows:
                                                                        
 44        54-211920.  ATTORNEY GENERAL'S OFFICE TO ADVISE AND REPRESENT. The  attor-
 45    ney general's office of the state of Idaho shall represent the board and shall
 46    give opinions on all questions of law arising out of the administration of the
 47    laws  which it shall administer, and to act for, and on behalf of the board in
 48    all actions brought for or against it under the provisions of this chapter, or
 49    as otherwise provided by law.
                                                                        
 50        SECTION 16.  That Section 54-2120, Idaho Code, be, and the same is  hereby
                                                                        
                                           19
                                                                        
  1    amended to read as follows:
                                                                        
  2        54-21201.  CREATION  OF  STATE  BOARD  OF VETERINARY MEDICINE ACCOUNT. All
  3    moneys, including civil penalties collected under the provisions of this chap-
  4    ter shall be deposited in the state treasury  to  the  credit  of  a  separate
  5    account  to  be known as the "state board of veterinary medicine account," and
  6    all moneys as are now in or may hereafter come into  the  account  are  hereby
  7    appropriated to the board for carrying out the purposes and objects objectives
  8    of this chapter, and to pay all costs and expenses incurred in connection with
  9    the  provisions  of  this  chapter.  All  moneys  in the occupational licenses
 10    account belonging to the state board of veterinary  medicine  as  of  July  1,
 11    1983, are hereby transferred and appropriated to the state board of veterinary
 12    medicine  account hereby created. Moneys shall be paid out of the account upon
 13    warrants drawn by the state controller upon presentation  of  proper  vouchers
 14    approved by the board.

Amendment


 AH0599
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Field (20)          
                                                                        
                                                     Seconded by Lake                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 599
                                                                        
  1                               AMENDMENTS TO SECTION 10
  2        On page 16 of the printed bill, in  line  22,   delete  "or"  and  insert:
  3    "and"; following line 26 insert:
  4        "(13)  Infliction  of  pain  on  any animal in self-defense, or to prevent
  5    physical harm to others, or in accordance with local  custom  and  culture  in
  6    moving,  handling,  treating, dehorning, castrating or performing other proce-
  7    dures on livestock, shall not be considered cruel or physically abusive unless
  8    done in an unnecessary or intentionally malicious manner. This provision  does
  9    not  alter  section  25-3514,  Idaho  Code.";  in  line 27, delete "(113)" and
 10    insert: "(114)"; in line 31, delete "(14)" and insert: "(15)";   in  line  33,
 11    delete  "(15)"  and  insert:  "(16)";  in  line  36, delete "(16)" and insert:
 12    "(17)"; in line 40, delete "(17)" and  insert:  "(18)";  in  line  42,  delete
 13    "(18)"  and  insert:  "(19)"; in line 45, delete "(19)" and insert: "(20)"; in
 14    line 47, delete "(20)" and insert: "(21)"; and in line 50, delete  "(21)"  and
 15    insert: "(22)".
 16        On  page  17,  in line 1, delete "(22)" and insert: "(23)"; and in line 3,
 17    delete "(123)" and insert: "(124)".

Statement of Purpose / Fiscal Impact


                 STATEMENT OF PURPOSE
                      RS 09979C1
     
     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                          H 599