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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
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.
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
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