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H0090...............................................by AGRICULTURAL AFFAIRS
VETERINARIANS - Amends existing law to revise and add definitions; to
revise exceptions to the requirement of a license or valid temporary permit
to practice veterinary medicine; to revise the qualifications of the
members of the Board of Veterinary Medicine; to revise the process for
removal of board members; to revise powers of the board; to revise license
application requirements; to revise qualifications for licensure without
the clinical competency test; to revise qualifications for issuance of a
temporary permit; to provide reference to certifications; to provide for
reinstatement of licenses; to provide reference to certified veterinary
technicians and certified euthanasia technicians and agencies; to provide
the board with further disciplinary options and to revise grounds for
discipline; to provide for recovery of paralegal fees; to provide for the
appeal of a civil penalty; and to provide for a fine based upon a withheld
judgment.
01/25 House intro - 1st rdg - to printing
01/26 Rpt prt - to Agric Aff
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 62-0-8
AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Harwood, Henbest, Higgins,
Hornbeck, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Mader, Marley, McKague, Montgomery, Moss, Moyle, Pearce, Pischner,
Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
Sellman, Shepherd, Smith, Smylie, Tilman, Trail, Wheeler, Wood,
Young, Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Hammond, Jaquet, Meyer, Mortensen,
Stevenson, Stone, Swan
Floor Sponsor -- Lake
Title apvd - to Senate
03/02 Senate intro - 1st rdg - to Agric Aff
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Branch, Boatright, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Noh
Title apvd - to House
03/21 To enrol
03/22 Rpt enrol - Sp signed - Pres signed - to Gov
03/23 Governor signed
Session Law Chapter 149
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 90
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO BOARD OF VETERINARY MEDICINE; AMENDING SECTION 54-2103,
3 IDAHO CODE, TO FURTHER DEFINE TERMS AND TO DELETE A TERM; AMENDING SECTION
4 54-2104, IDAHO CODE, TO REVISE EXCEPTIONS TO THE REQUIREMENT OF A LICENSE
5 OR VALID TEMPORARY PERMIT TO PRACTICE VETERINARY MEDICINE; AMENDING SEC-
6 TION 54-2105, IDAHO CODE, TO REVISE THE QUALIFICATIONS OF MEMBERS OF THE
7 BOARD, TO REVISE REMOVAL OF BOARD MEMBERS AND TO REVISE POWERS OF THE
8 BOARD; AMENDING SECTION 54-2107, IDAHO CODE, TO REVISE LICENSE APPLICATION
9 REQUIREMENTS; AMENDING SECTION 54-2110, IDAHO CODE, TO REVISE QUALIFICA-
10 TIONS FOR LICENSURE WITHOUT THE CLINICAL COMPETENCY TEST; AMENDING SECTION
11 54-2111, IDAHO CODE, TO REVISE QUALIFICATIONS FOR ISSUANCE OF A TEMPORARY
12 PERMIT AND TO PROVIDE REFERENCE TO A UNITED STATES DEPARTMENT OF AGRICUL-
13 TURE VETERINARY SERVICES MEMORANDUM; AMENDING SECTION 54-2112, IDAHO CODE,
14 TO PROVIDE REFERENCE TO CERTIFICATIONS, TO PROVIDE FOR REINSTATEMENT OF
15 LICENSES AND TO PROVIDE REFERENCE TO CERTIFIED VETERINARY TECHNICIANS AND
16 CERTIFIED EUTHANASIA TECHNICIANS AND AGENCIES; AMENDING SECTION 54-2114,
17 IDAHO CODE, TO PROVIDE CORRECT CODE CITATIONS; AMENDING SECTION 54-2115,
18 IDAHO CODE, TO PROVIDE THE BOARD WITH FURTHER DISCIPLINARY OPTIONS AND TO
19 REVISE GROUNDS FOR DISCIPLINE; AND AMENDING SECTION 54-2118, IDAHO CODE,
20 TO PROVIDE FOR THE RECOVERY OF PARALEGAL FEES, TO PROVIDE FOR APPEAL OF A
21 CIVIL PENALTY WITHIN TWENTY-EIGHT DAYS, TO PROVIDE FOR A FINE BASED UPON
22 WITHHELD JUDGMENT, AND TO MAKE TECHNICAL CORRECTIONS.
23 Be It Enacted by the Legislature of the State of Idaho:
24 SECTION 1. That Section 54-2103, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 54-2103. DEFINITIONS. As used in this chapter:
27 (1) "Accredited continuing education activity" means a provider and
28 course, seminar, scientific program or any other activity approved by the
29 board or its designees for continuing education credit.
30 (2) "Accredited or approved school of veterinary medicine" means any vet-
31 erinary college or division of a university or college inside or outside the
32 United States or Canada that offers the degree of doctor of veterinary medi-
33 cine, veterinary medicine doctor, or its equivalent and is accredited or
34 approved by the council on education of the American veterinary medical asso-
35 ciation or other accrediting agency or association approved by the board.
36 (3) "Allied health professional" means a person holding a current active
37 license, in good standing, in any state to practice one (1) of the healing
38 arts including, but not limited to medicine, dentistry, osteopathy, chiroprac-
39 tic, acupuncture and podiatry.
40 (4) "Anesthetized" means any condition of general anesthesia, caused by
41 the administration of a drug or combination of drugs in sufficient quantity to
42 produce a state of unconsciousness or disassociation and blocked response to a
43 given pain or alarm stimulus. At a minimum, each anesthetized patient shall be
2
1 monitored and under continuous observation until the swallowing reflex has
2 returned patient is awake and in sternal recumbency.
3 (5) "Animal" means any animal other than man and includes fowl, birds,
4 fish and reptiles, wild or domestic, living or dead.
5 (6) "Assistant" means any individual who is employed by an actively
6 licensed veterinarian to perform acts pertaining to the practice of veterinary
7 medicine and receives compensation for such acts from the employing veterinar-
8 ian but is not a certified veterinary technician or licensed veterinarian.
9 (7) "Board" means the state board of veterinary medicine.
10 (8) "Certified euthanasia agency" or "CEA" means a law enforcement
11 agency, an animal control agency or a society for the prevention of cruelty to
12 animals, which has been inspected and certified by the euthanasia task force
13 or the board.
14 (9) "Certified euthanasia technician" or "CET" means:
15 (a) A person employed by a certified euthanasia agency or working under
16 the indirect supervision of a licensed veterinarian, but not to include an
17 individual employed as a technician by animal research laboratories, who
18 is instructed and certified by the euthanasia task force or the board as
19 defined in the rules of the board.
20 (b) Any person who is trained prior to December 31, 1992, in euthanasia
21 methods, in a course approved by the board, may be certified upon presen-
22 tation of evidence of such training to either the euthanasia task force or
23 the board.
24 (10) "Certified veterinary technician" means a person who has fulfilled
25 the certification requirements prescribed by board rule and has been certified
26 by the board to practice veterinary technology in this state.
27 (11) "Consultation" means a deliberation between two (2) or more veteri-
28 narians concerning the diagnosis of a disease or the proper management of the
29 case.
30 (12) "Credit hour" means fifty (50) minutes of participation in an accred-
31 ited continuing education activity.
32 (13) "Dentistry" is the practice of veterinary medicine and means the
33 application or use of any instrument or device to any portion of an animal's
34 tooth, gum or any related tissue for the prevention, cure or relief of any
35 wound, fracture, injury, disease or other condition of an animal's tooth, gum
36 or related tissue. Dentistry includes, but is not limited to:
37 (a) "Preventive dental procedures" including, but not limited to, the
38 removal of calculus, soft deposits, plaque, stains, and floating to shape
39 the teeth above the gum line or the smoothing, filing or polishing of
40 tooth surfaces above the gum line; and
41 (b) "Operative dentistry/oral surgery" or any other dental procedure that
42 invades the hard or soft oral tissue including a procedure that alters the
43 structure of one (1) or more teeth, or repairs damaged and diseased
44 teeth, or the deliberate extraction of one (1) or more teeth.
45 (14) "Direct supervision" means the supervisor is on the premises where
46 the animal is being treated, is quickly and easily available and the animal
47 has been examined by the supervising veterinarian as acceptable veterinary
48 medical practice requires.
49 (15) "Discipline" means board action including, but not limited to:
50 (a) Refusing to issue, renew or reinstate a license, permit or certifica-
51 tion to practice as a licensed veterinarian, a certified veterinary tech-
52 nician, a certified euthanasia agency or a certified euthanasia techni-
53 cian;
54 (b) Denial, revocation, suspension, sanction, probation or voluntary sur-
55 render of a license, permit or certification to practice as a licensed
3
1 veterinarian, a certified veterinary technician, a certified euthanasia
2 agency or a certified euthanasia technician;
3 (c) The ability to enter into consent agreements and negotiated settle-
4 ments with licensed veterinarians, certified veterinary technicians, cer-
5 tified euthanasia agencies and certified euthanasia technicians;
6 (d) The ability to bring an administrative or civil action against any
7 person in or outside of this state who practices veterinary medicine, vet-
8 erinary technology or who performs euthanasia within this state.
9 (16) "Emergency" means that the animal has been placed in a life-
10 threatening condition where immediate treatment is necessary to sustain life.
11 (17) "Emergency veterinary hospital" means a facility in which veterinary
12 services are provided by either a "veterinarian on premises" or "veterinarian
13 on call."
14 (18) "Euthanasia task force" means a task force established by the board
15 for the purposes of training, examining, certifying and inspecting certified
16 euthanasia agencies and certified euthanasia technicians.
17 (19) "Extra label use" means the actual or intended use of a human or vet-
18 erinary drug in an animal in a manner that is not in accordance with the
19 drug's labeling.
20 (20) "Floating" means shaping the posterior (cheek) teeth and the incisors
21 (cutting teeth) in horses, mules and donkeys through the use of hand floats,
22 rasps, burs, mechanical files or other file-like instruments to restore bal-
23 ance, allow more efficient mastication, and reduce pain and trauma to the
24 periodontal tissues.
25 (21) "Herd, litter or flock" of animals means animals managed as a group
26 for purposes including, but not limited to, breeding, sale, show or food pro-
27 duction.
28 (22) "Immediate supervision" means the supervisor is in the immediate
29 area, in audible and visual range of the animal patient and the person treat-
30 ing the patient and the animal has been examined by the supervising veterinar-
31 ian as acceptable veterinary medical practice requires.
32 (23) "In good standing" means that an applicant:
33 (a) Has not been the recipient of any administrative penalties regarding
34 his practice of veterinary medicine including, but not limited to, fines,
35 formal reprimands, license suspensions or revocations (except for license
36 revocations for nonpayment of license renewal fees) or probationary limi-
37 tations, or has not entered into any consent agreement or negotiated set-
38 tlement that contains conditions placed by a board on his professional
39 conduct and practice, including any voluntary surrender of a license; and
40 (b) Has never had his United States drug enforcement administration priv-
41 ileges restricted or revoked; and
42 (c) Is not currently under investigation by another veterinary licensing
43 authority for acts which would provide a basis for disciplinary action in
44 this state, as determined by the board; and
45 (d) Has no physical or mental impairment related to drugs, alcohol, or a
46 finding of mental incompetence by a physician that would limit the
47 applicant's ability to undertake the practice of veterinary medicine in a
48 manner consistent with the safety of a patient or the public; and
49 (e) Has not been convicted of a felony as defined in chapter 1, title 18,
50 Idaho Code; and
51 (f) Has no criminal conviction record nor pending criminal charge relat-
52 ing to an offense the circumstances of which substantially relate to the
53 practice of veterinary medicine. Applicants who have criminal conviction
54 records or pending criminal charges shall require appropriate authorities
55 to provide information about the record or charge directly to the board in
4
1 sufficient detail to enable the board to make a determination whether the
2 record or charge is substantially related to the practice of veterinary
3 medicine.
4 (24) "Indirect supervision" means the supervisor is not on the premises
5 but is available for immediate contact by telephone, radio or other means, has
6 given either written or oral instructions for treatment of the animal patient,
7 the animal has been examined by the supervising veterinarian as acceptable
8 veterinary medical practice requires, and the animal, if previously
9 anesthetized, has recovered to the point of being conscious and sternal.
10 (25) "Legend/Prescription drug" means any drug which, under federal law,
11 regulation or rule, is required, prior to being distributed or delivered, to
12 be labeled with one (1) of the following statements: "Caution: Federal law
13 restricts this drug to be used by or on the order of a licensed veterinarian,"
14 or "Caution: Federal law prohibits dispensing without a prescription," or "RX
15 Only," or a drug which is required by any applicable state or federal law,
16 rule or regulation to be distributed or dispensed pursuant to a prescription
17 only, or is restricted to used by licensed practitioners only.
18 (26) "Liaison officer" means the veterinary board member whose four (4)
19 year board member term has expired and who serves a fifth year advising the
20 board, reviewing and mediating complaints and performing other tasks assigned
21 by the board.
22 (27) "Licensed veterinarian" means a person who is validly and currently
23 licensed to practice veterinary medicine in this state.
24 (287) "Malpractice" means, but is not limited to:
25 (a) Treatment in a manner contrary to accepted veterinary practices and
26 with injurious results; or
27 (b) Any professional misconduct or unreasonable lack of professional
28 skill or fidelity in the performance of the professional practice of vet-
29 erinary medicine; or
30 (c) Failure to provide adequate supervision, except in an emergency situ-
31 ation; or
32 (d) Allowing an unqualified individual to perform a procedure that is
33 part of the practice of veterinary medicine; or
34 (e) The negligent practice of veterinary medicine, as determined by the
35 standard of practice for the area, that results in injury, unnecessary
36 suffering or death.
37 (298) "Medical incompetence" means lacking in sufficient medical knowledge
38 or skills or both to a degree likely to endanger the health of patients.
39 (3029) "Mobile clinic" means a vehicle including, but not limited to, a
40 camper, motor home, trailer or mobile home, used as a veterinary medical
41 facility. A mobile clinic is not required for house calls or farm calls.
42 (310) "Owner/Ownership" means ownership as defined by the laws of property
43 and ownership, chapter 1, title 55, Idaho Code, and chapter 1, title 73,
44 Idaho Code.
45 (321) "Person" means any individual, firm, partnership, association, joint
46 venture, cooperative and corporation, or any other group or combination acting
47 in concert; and whether or not acting as principal, trustee, fiduciary,
48 receiver, or as any other kind of legal or personal representative, or as the
49 successor in interest, assignee, agent, factor, servant, employee, director,
50 officer, or any other representative of such person.
51 (332) "Physical or mental incompetence" means the veterinarian's ability
52 to practice veterinary medicine with reasonable skill and safety is impaired
53 by reason of illness, excessive use of alcohol, drugs, narcotics, chemicals or
54 any other substance, or as a result of any mental or physical disability.
55 (343) "Practice of veterinary medicine" in this state, through telephonic,
5
1 electronic or other means, regardless of the location of the veterinarian,
2 includes veterinary surgery, obstetrics, dentistry, and all other branches or
3 specialties of veterinary medicine and means:
4 (a) To directly or indirectly diagnose, treat, correct, change, relieve
5 or prevent animal disease, deformity, defect, injury or other physical or
6 mental conditions; including the prescription or administration of any
7 drug, medicine, biologic, apparatus application, anesthetic or other ther-
8 apeutic or diagnostic substance or technique, or the use of any obstetri-
9 cal procedure or any manual or mechanical procedure for artificial insemi-
10 nation, for testing or examining for pregnancy, fertility evaluation,
11 embryo transplant, grading of fresh semen, or to render advice or recom-
12 mendation with regard to any of the above.
13 (b) To represent, directly or indirectly, publicly or privately, an abil-
14 ity and willingness to do any act described in subsection (343)(a) of this
15 section.
16 (c) To use any title, words, abbreviations or letter in a manner or under
17 circumstances which induce the belief that the person using them is quali-
18 fied to do any act described in subsection (343)(a) of this section,
19 except where such person is a licensed veterinarian.
20 (354) "Professional supervision" means the supervisor is in daily contact
21 by telephone, radio or other means with the temporary licensee.
22 (365) "Referral" means the transfer of responsibility for diagnosis and
23 treatment from the referring veterinarian to the receiving veterinarian, or
24 from the referring veterinarian to the board-certified specialist, or from the
25 referring veterinarian to an allied health professional.
26 (376) "Regular employee" means a person who performs services for the
27 animal's owner other than, or in addition to, feeding, boarding, castrating
28 and dehorning, but does not include independent contractors or agents.
29 (387) "Supervision" means the action or process of directing activities or
30 a course of action, and pertains to any and all employees of the veterinarian.
31 (398) "Supervisor" means an actively licensed veterinarian employing and
32 utilizing the services of a temporary licensee, certified veterinary techni-
33 cian, veterinary technician, veterinary technician with a temporary certifica-
34 tion, veterinary assistant, certified euthanasia technician, or as provided by
35 rule. A supervisor shall be individually responsible and liable, regardless of
36 the supervision provided, for all damages arising out of his own acts or omis-
37 sions or for the performance of any acts and omissions pertaining to the prac-
38 tice of veterinary medicine that are delegated to the temporary licensee, cer-
39 tified veterinary technician, veterinary technician, veterinary assistant or
40 certified euthanasia technician. Nothing herein shall be construed to deprive
41 the board of its disciplinary authority with respect to the temporary licen-
42 sees, certified veterinary technicians, veterinary technicians, veterinary
43 assistants or certified euthanasia technicians.
44 (4039) "Unethical or unprofessional conduct" means to knowingly engage in
45 conduct of a character likely to deceive or defraud the public, false or mis-
46 leading advertising or solicitation, obtaining any fee or compensation by
47 fraud or misrepresentation, sharing office space and working in conjunction
48 with any person illegally practicing veterinary medicine, employing either
49 indirectly or directly an unlicensed or uncertified person to perform acts
50 pertaining to the practice of veterinary medicine, except as provided by law
51 or rule, or the violation of any law or rules adopted by the board pertaining
52 to unethical or unprofessional conduct, or that provide a code of professional
53 conduct to be followed and carried out by persons licensed or certified by the
54 board.
55 (410) "Unlicensed practice" means:
6
1 (a) The practice of veterinary medicine in this state, through tele-
2 phonic, electronic or other means, regardless of the location of the vet-
3 erinarian, without a valid, unexpired, unrevoked, and unsuspended active
4 license or certification in this state to do so, except as provided by law
5 or rule; or
6 (b) Representing one's self through offerings, advertisements or use of
7 professional titles or designations as being qualified to practice veteri-
8 nary medicine.
9 (421) "Veterinarian" means a person who has received a doctor's degree in
10 veterinary medicine from an accredited or approved school of veterinary medi-
11 cine or as otherwise provided by law or rule.
12 (432) "Veterinarian on premises" means a veterinarian is present at the
13 veterinary medical facility and is prepared and qualified to render veterinary
14 services.
15 (443) "Veterinarian on call" means a veterinarian is not present at the
16 veterinary medical facility, but is able to respond within a reasonable time
17 to requests for emergency veterinary services and has been designated to so
18 respond.
19 (454) "Veterinary medical facility" means any premises, unit, structure or
20 mobile unit used or controlled by a veterinarian for the practice of veteri-
21 nary medicine and where any animal is received or confined to be examined,
22 diagnosed or treated medically, surgically or prophylactically. This does not
23 include the owner's animal on the owner's premises.
24 (465) "Veterinary technician" means a person who has graduated from a vet-
25 erinary technology program accredited or approved by the council on education
26 of the American veterinary medical association, or other accrediting agency
27 approved by the board, or a person who has received equivalent training as set
28 forth in the rules of the board.
29 (476) "Veterinary technology" means the performance of services within the
30 practice of veterinary medicine by a person employed by a licensed veterinar-
31 ian to perform duties that require an understanding of veterinary medicine in
32 order to carry out the orders of the veterinarian. However, such services
33 shall not include prognosis, diagnosis, operative dentistry, deliberate tooth
34 extraction procedures or the prescribing of treatment or performing surgery of
35 any kind.
36 SECTION 2. That Section 54-2104, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 54-2104. LICENSE A PREREQUISITE TO PRACTICE -- EXCEPTIONS. (1) No person
39 may practice veterinary medicine in the state who is not an actively licensed
40 veterinarian or the holder of a valid temporary permit issued by the board.
41 (2) This chapter shall not be construed to prohibit:
42 (a) A veterinarian employed by the federal, state or local government
43 from performing his official duties specifically required under any lawful
44 act or statute, except that this exemption shall not apply to such persons
45 not actively engaged in performing or fulfilling their official duties and
46 responsibilities.
47 (b) A person who is a regular student currently enrolled and in good
48 standing in an accredited or approved school of veterinary medicine, vet-
49 erinary science department or an educational institution accredited by a
50 national or regional accrediting agency recognized by the Idaho state
51 board of education or the United States department of education from per-
52 forming duties or actions assigned by his instructors, or from working
53 under the direct supervision of an actively licensed veterinarian during a
7
1 school vacation period. The unsupervised or unauthorized practice of vet-
2 erinary medicine by a student, even though on the premises of an accred-
3 ited or approved school of veterinary medicine, veterinary science depart-
4 ment, an educational institution accredited by a national or regional
5 accrediting agency recognized by the Idaho state board of education or the
6 United States department of education or at a veterinary medical facility,
7 is prohibited.
8 (c) A person who is a regular student currently enrolled and in good
9 standing in a nonaccredited or nonapproved educational institution, that
10 holds a valid certificate of registration issued by the Idaho state board
11 of education, from performing duties or actions assigned by his instruc-
12 tors. This exemption does not include surgery or the administration of
13 controlled substances or legend/prescription drugs, unless specifically
14 allowed by state or federal law, rule or regulation. The unsupervised or
15 unauthorized personal practice of veterinary medicine by a student on the
16 premises of a nonaccredited or nonapproved educational institution is pro-
17 hibited.
18 (d) Idaho extension personnel from performing their official duties.
19 (e) A veterinarian holding a current, active license, in good standing,
20 in another state, from consulting with a licensed veterinarian in this
21 state.
22 (f) Any merchant or manufacturer from selling nonprescription and
23 noncontrolled medicines, biologics, feed, medicated feed, appliances or
24 other products for the prevention or treatment of animal and poultry dis-
25 eases. Such merchants or manufacturers shall not, either directly or indi-
26 rectly, attempt to diagnose a symptom or disease in order to advise treat-
27 ment, use of drugs, medicines, appliances or products.
28 (g) A farmer, rancher or feedlot operator, including custom ranch or
29 feedlot operators, and their regular employees, from caring for and treat-
30 ing animals within their possession or control, when such animals have
31 been consigned by their legal owner and except where the ownership or pos-
32 session of the animal was transferred or the employment changed to circum-
33 vent this chapter.
34 (h) The owner of an animal or his regular employees from caring for and
35 treating the animals belonging to such owner, or livestock owners or regu-
36 lar employees pregnancy testing their own or employer's cattle or the
37 exchange of services for which no monetary compensation is paid between
38 owners or their regular employees, except where the ownership or posses-
39 sion of the animal was transferred or the employment changed to circumvent
40 this chapter, and provided that only an actively licensed veterinarian may
41 immunize or treat an animal for diseases which require the use of a vac-
42 cine that is restricted by state or federal law, rules or regulations, or
43 as otherwise provided by board rule. Notwithstanding the provisions of
44 this paragraph, a veterinarian/client/patient relationship, as defined by
45 rules, must exist when controlled substances or legend/prescription drugs
46 are administered, distributed, dispensed or prescribed.
47 (i) A member of a faculty of an accredited or approved school of veteri-
48 nary medicine, a veterinary science department, or an educational institu-
49 tion accredited by a national or regional accrediting agency recognized by
50 the Idaho state board of education or the United States department of edu-
51 cation, from performing his regular functions. The unsupervised or unau-
52 thorized personal practice of veterinary medicine, by a faculty member on
53 the premises of any of the above institutions, is prohibited.
54 (j) Any person from selling or applying any pesticide, insecticide, or
55 herbicide.
8
1 (k) A person lecturing or giving instructions or demonstrations at an
2 accredited or approved school of veterinary medicine, veterinary science
3 department or an educational institution accredited or approved by a
4 national or regional accrediting agency recognized by the Idaho state
5 board of education or the United States department of education, or in
6 connection with an approved continuing education course or seminar.
7 (l) A member of a faculty of a nonaccredited or nonapproved educational
8 institution, who holds a valid certificate of registration issued by the
9 Idaho state board of education, from performing his regular functions.
10 This exemption does not include surgery or the administration of con-
11 trolled substances or legend/prescription drugs, unless specifically
12 allowed by state or federal law, rule or regulation. The unsupervised or
13 unauthorized personal practice of veterinary medicine by a faculty member
14 on the premises of a nonaccredited or nonapproved educational institution
15 is prohibited.
16 (m) Individuals employed as instructors or researchers by, or enrolled as
17 students in, any bona fide medical research institution from conducting
18 experiments and scientific research on animals:
19 (i) In the development of pharmaceuticals, biologicals, serums for
20 treating human or animal ailments; or
21 (ii) In the development of methods of treatment or techniques for
22 the diagnosis or treatment of human or animal ailments; or
23 (iii) When engaged in the study and development of methods and tech-
24 niques directly or indirectly applicable to the practice of veteri-
25 nary medicine, so long as such research is conducted in compliance
26 with applicable state and federal laws, rules and regulations.
27 (n) Any person from performing artificial insemination of domestic ani-
28 mals as governed by chapter 8, title 25, Idaho Code.
29 (o) Any person from horseshoeing or hoof trimming bovine, equine and farm
30 animals.
31 (p) An allied health professional actively licensed and in good standing
32 in any state from participating in a medical procedure involving an ani-
33 mal, provided that such participation is in his licensed field of medicine
34 and under the indirect supervision of an actively licensed veterinarian.
35 (q) Any person from the gratuitous treatment of animals in an emergency
36 as a neighborly act.
37 (r) Any state or federal livestock inspector from performing his official
38 duties specifically required under any lawful act or statute, and provided
39 that this exemption shall not apply to such persons not actively engaged
40 in performing or fulfilling their official duties and responsibilities.
41 (s) A certified euthanasia agency from operating as a CEA as defined by
42 law and rules.
43 (t) A certified euthanasia technician from performing those duties as
44 defined by law and rules.
45 (u) Any person from utilizing cotton swabs, gauze, dental floss,
46 dentifrice or toothbrushes to clean an animal's teeth.
47 (v) A certified veterinary technician employed by an actively licensed
48 veterinarian from practicing veterinary technology under the direct appro-
49 priate supervision, and employ of an actively licensed veterinarian as
50 defined by the rules of the board.
51 (w) An assistant or veterinary technician employed by an actively
52 licensed veterinarian from performing acts pertaining to the practice of
53 veterinary medicine under the direct appropriate supervision, as defined
54 by the rules of the board, and provided that the employing, supervising
55 veterinarian that delegated the acts and compensates the assistants for
9
1 the performance of such acts.
2 (x) The personal representative, executor or sole surviving heir of a
3 licensed veterinarian from continuing to operate the veterinary medical
4 facility of the deceased for a period of not more than twelve (12) months
5 following death, and providing that an actively licensed veterinarian
6 makes all the decisions pertaining to the diagnosis, care and treatment of
7 the patients.
8 (3) Nothing in this section shall be construed as limiting the board's
9 authority to provide other exemptions or exceptions to the requirements for
10 licensing, under its rulemaking authority, as the board may find necessary or
11 appropriate.
12 SECTION 3. That Section 54-2105, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 54-2105. BOARD OF VETERINARY MEDICINE -- COMPOSITION -- APPOINTMENT --
15 VACANCY -- QUALIFICATIONS -- COMPENSATION -- REMOVAL -- MEETINGS -- OFFICERS
16 -- REVENUES -- POWERS. (1) A board of veterinary medicine, which shall consist
17 of six (6) members to be appointed by the governor, is hereby created in the
18 department of self-governing agencies. Five (5) members shall be veterinarians
19 and one (1) member shall be a public member. Each of the five (5) veterinary
20 members shall serve a term of four (4) years as a veterinary board member and
21 a fifth year as a liaison officer, or until his successor is appointed, except
22 that the terms of the first appointees may be for shorter periods to permit
23 staggering of terms whereby one (1) term expires each year. The public member
24 shall serve for a term of three (3) years or until his successor is appointed.
25 Whenever the occasion arises for an appointment of a veterinary member
26 under this section, the state veterinary medical association or one (1) of the
27 regional veterinary medical associations may nominate three (3) or more quali-
28 fied persons and forward the nominations to the governor at least thirty (30)
29 days before the date set for the appointment. The governor shall appoint one
30 (1) of the persons so nominated. Vacancies due to death, resignation or
31 removal shall be filled for the remainder of the unexpired term in the same
32 manner as regular appointments. No person shall serve two (2) consecutive
33 terms, except in the case of a person appointed for less than a full term.
34 Each of the five (5) veterinarians shall be qualified to serve as a member of
35 the board if a graduate of an accredited or approved school of veterinary med-
36 icine or, if a foreign veterinary graduate of a nonaccredited or nonapproved
37 school, a letter from the educational commission for foreign veterinary gradu-
38 ates (ECFVG) certifying completion of the ECFVG program or a copy of their
39 ECFVG certificate, or verification of successful completion of any educational
40 equivalency program established for the purpose of evaluating an individual's
41 educational knowledge and clinical skills as they relate to the practice of
42 veterinary medicine, as approved and outlined by the rules of the board. Iin
43 addition to verification of graduation from an accredited or nonaccredited
44 school of veterinary medicine, is a resident of this state, and has been
45 licensed to practice veterinary medicine in this state for the five (5) years
46 immediately preceding the time of appointment. The public member shall be at
47 least twenty-one (21) years of age and a resident of this state for five (5)
48 years immediately preceding appointment. No person may serve on the board who
49 is, or was, during the two (2) years preceding appointment, a member of the
50 faculty or trustees of an accredited school of veterinary medicine.
51 (2) Each member of the board and certified euthanasia task force shall be
52 compensated as provided by section 59-509(n), Idaho Code.
53 (3) Any member of the board may be removed by the governor after a hear-
10
1 ing by the board determines cause for removal at his discretion.
2 (24) The board shall meet at least once each year at the time and place
3 fixed by rule of the board. Other necessary meetings may be called by the
4 president of the board by giving notice as may be required by state statute or
5 rule. Except as may otherwise be provided, a majority of the board constitutes
6 a quorum. Meetings shall be open and public except that the board may meet in
7 closed session to prepare, approve, administer or grade examinations; to
8 deliberate the qualifications of an applicant for a license or certification;
9 to conduct deliberations in disciplinary proceedings; to consider investigato-
10 ry matters; or as otherwise allowed by law.
11 (35) The board member serving the fourth year of appointment shall be the
12 president of the board and shall serve as chairman at the board meetings.
13 (46) The veterinary board member serving the fifth year of appointment
14 shall be the liaison officer of the board and shall render advice, review and
15 mediate complaints, and perform other tasks assigned by the board.
16 (57) All revenues received under this chapter shall be paid to the state
17 board of veterinary medicine account created in section 54-21221, Idaho Code,
18 and shall be subject to and administered in accordance with the provisions of
19 this chapter.
20 (68) The responsibility for enforcement of the provisions of this chapter
21 is hereby vested in the board. The board shall have all of the power duties,
22 powers and authority specifically granted by or necessary for the enforcement
23 of this chapter and the rules made pursuant thereto, as well as such other
24 duties, powers and authority as it may be granted from time to time by appli-
25 cable law. The powers vested in the board shall include, but are not limited
26 to:
27 (a) Establish qualifications and prescribe the application format for
28 licensure issuance or renewal of a license to practice as a veterinarian
29 and certification to practice as a veterinary technician, euthanasia
30 agency or euthanasia technician, review each application for compliance
31 with the licensure and certification requirements, and issue, renew or
32 deny licenses and certifications. Upon a showing of good cause by a licen-
33 see or certificate holder to the board, the board may grant an extension
34 of time for submission of the required application or renewal documenta-
35 tion, including the required number of continuing education hours, as set
36 forth by this chapter or the rules of the board.
37 (b) Examine and determine the qualifications and fitness of applicants
38 for a license to practice veterinary medicine, or certification to prac-
39 tice veterinary technology or as a euthanasia technician or operate as a
40 certified euthanasia agency in the state.
41 (c) Issue, renew, reinstate, deny, suspend, sanction, reprimand,
42 restrict, limit, place on probation, require voluntary surrender of, or
43 revoke any licenses, certifications or temporary permits or certifica-
44 tions to practice veterinary medicine, or veterinary technology or
45 euthanize animals in the state, or and may fine and impose other forms of
46 discipline, and enter into consent agreements and negotiated settlements
47 with licensed veterinarians, certified veterinary technicians, certified
48 euthanasia technicians and certified euthanasia agencies consistent with
49 the provisions of this chapter and the rules adopted hereunder.
50 (d) Establish a schedule of fees for licensing, certifying and register-
51 ing veterinarians, veterinary technicians, euthanasia agencies and
52 euthanasia technicians, as well as for the review, approval and adminis-
53 tration of national licensing and certification examinations.
54 (e) In addition to the fees specifically provided for herein, the board
55 may assess additional reasonable fees for services rendered to carry out
11
1 its duties and responsibilities as required or authorized by this chapter
2 or rules adopted hereunder. Such services rendered shall include, but not
3 be limited to, the following:
4 (i) Issuance of duplicate licenses or certificates;
5 (ii) Mailing lists or reports of data maintained by the board;
6 (iii) Copies of any documents;
7 (iv) Verification of license or certification status;
8 (v) Examination review, approval and administration; and
9 (vi) Examination materials.
10 (f) Review and approve applications from applicants wanting candidates
11 requesting authorization to sit for take the national licensing examina-
12 tions in veterinary medicine, developed by the national board examination
13 committee for veterinary medicine or its designees and the veterinary
14 technician national examination developed by the American association of
15 veterinary state boards or its designees, and administer the veterinary
16 technician either or both national examinations.
17 (fg) Upon its own motion or upon any complaint, to initiate and conduct
18 investigations on all matters relating to the practice of veterinary medi-
19 cine or veterinary technology or the euthanizing of animals and to initi-
20 ate and conduct disciplinary hearings or proceedings on its own or through
21 its designated hearing officer, provided such hearings and proceedings
22 shall be held in conformance with the provisions of chapter 52, title 67,
23 Idaho Code.
24 (gh) Hold hearings on all matters properly brought before the board, and
25 in connection thereto to administer oaths, receive evidence, make the nec-
26 essary determinations, and enter orders consistent with the findings. The
27 board may require the attendance and testimony of witnesses and the pro-
28 duction of papers, records, or other documentary evidence and may commis-
29 sion depositions. The board may designate one (1) or more of its members
30 or a person appointed by the state board of veterinary medicine to serve
31 as its hearing officer.
32 (hi) Employ full-time or part-time personnel, professional, clerical or
33 special, necessary to effectuate the provisions of this chapter and the
34 rules of the board and purchase or rent necessary office space, equipment
35 and supplies.
36 (ij) Appoint from its own membership one (1) or more members to act as
37 representatives of the board at any meeting within or outside the state
38 where such representation is deemed desirable.
39 (jk) Bring proceedings in the courts for the enforcement of this chapter
40 or any rules made pursuant thereto.
41 (kl) Levy For purposes of enforcement of the provisions of this chapter
42 and any rules duly promulgated hereunder, including the levying of civil
43 penalties, assessment and collection of fines, and recovery of costs and
44 paralegal, hearing officer and attorney's fees incurred by the board in
45 investigation and prosecution of complaints, the board shall maintain
46 jurisdiction over individuals, irrespective of their license or certifica-
47 tion status (i.e., active, inactive, expired, lapsed, surrendered or
48 disciplined) relative to acts, omissions, complaints and investigations
49 which occurred during the licensure or certification period. Jurisdiction
50 of the board shall also extend to all individuals engaged in the practice
51 of veterinary medicine, veterinary technology or practicing as a certified
52 euthanasia agency or certified euthanasia technician in this state as
53 defined in section 54-2103, Idaho Code. It is the intent of this subsec-
54 tion that the board's jurisdiction should extend to all licensed or unli-
55 censed or certified or uncertified individuals and that licensees and cer-
12
1 tification holders cannot divest the board of jurisdiction by changing,
2 surrendering or relinquishing licensure or certification status.
3 (lm) Establish a certified euthanasia task force for the purposes of
4 training, examining, licensing and certifying euthanasia agencies and
5 euthanasia technicians and assess application, training workshop and cer-
6 tification fees. The fees so assessed are continuously appropriated to the
7 board to support the activities of the task force.
8 (mn) Adopt, amend or repeal all sections of this chapter and rules nec-
9 essary for its government and all rules necessary to carry into effect the
10 provisions of this chapter pursuant to the Idaho administrative procedure
11 act, chapter 52, title 67, Idaho Code, including the establishment and
12 publication of standards of professional conduct for the practice of vet-
13 erinary medicine.
14 (o) Conduct probationary or other practice and facility inspections nec-
15 essary for enforcement of this chapter or the rules duly promulgated here-
16 under or any order, negotiated settlement or probationary agreement of the
17 board and issue administrative citations to alleged violators.
18 The powers enumerated above are granted for the purpose of enabling the
19 board to effectively supervise the practice of veterinary medicine and are to
20 be construed liberally to accomplish this objective.
21 SECTION 4. That Section 54-2107, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 54-2107. LICENSE APPLICATION -- CONTENTS -- FEE. Any person desiring a
24 license to practice veterinary medicine in this state shall make written
25 application to the board and shall bear the burden of substantiating to the
26 board the license application requirements. To apply for a veterinary license,
27 the applicant shall complete the "application for licensure to practice veter-
28 inary medicine and surgery" available from the board office. A completed
29 application shall contain the applicant's notarized signature and shall
30 include:
31 (1) A copy of a birth certificate or current passport proving that the
32 applicant is twenty-one (21) years of age or more.
33 (2) Notarized aAffidavits issued during the year preceding licensure from
34 two (2) veterinarians currently licensed and in good standing in any state
35 attesting to the fact that the applicant is of good moral character.
36 (3) A certified copy of a veterinary school diploma or transcript from an
37 accredited or approved school of veterinary medicine or a letter from an
38 accredited or approved school of veterinary medicine verifying satisfactory
39 graduation by the applicant or, if a foreign school graduate of a
40 nonaccredited or nonapproved school, a letter from the educational commission
41 for foreign veterinary graduates (ECFVG) certifying completion of the ECFVG
42 program or a copy of the ECFVG certificate or by completion of the any educa-
43 tional equivalency program established for the purpose of evaluating an
44 individual's educational knowledge and clinical skills as they relate to the
45 practice of veterinary medicine, and competency requirements as approved and
46 outlined by the rules of the board.
47 (4) Passing scores on the national examinations developed by the national
48 board of examination committee, or its designee or any other examination com-
49 mittee or organization approved by the board, including, but not limited to:
50 the national board examination (NBE) and the clinical competency test (CCT),
51 or the north American veterinary licensing examination (NAVLE), which may be
52 taken in any state at any time (no time limit).
53 (5) After November 1, 2000, applicants who have taken their national
13
1 examinations prior to this date and have not taken and passed the clinical
2 competency test (CCT) may, in lieu of a passing score on the CCT, provide the
3 following documentation from the licensing board in the state in which they
4 are currently actively practicing or from the veterinary information verifying
5 agency of the American association of veterinary state boards:
6 (a) Verification of seven (7) years of continuous, active practice in the
7 same state or states where they are currently practicing have practiced
8 for the past seven (7) years immediately preceding application for licen-
9 sure in this state, and provided that the requirements for licensure in
10 the state or states are similar to those in Idaho; and
11 (b) Verification of no disciplinary action taken against the applicant's
12 license to practice veterinary medicine during the same seven (7) year
13 period prior to applying immediately preceding application for a veteri-
14 nary license in this state.
15 (c) The practice of applicants licensed under this provision will be lim-
16 ited to the same fields of veterinary medicine as they have practiced in
17 another state or states during the seven (7) year period prior to applying
18 immediately preceding application for a veterinary license in this state.
19 (6) A passing score of at least ninety percent (90%) correct on the Idaho
20 jurisprudence examination.
21 (7) Written verification of license in good standing from the licensing
22 organization in any state or states in which the applicant has held a license
23 or as provided by the veterinary information verifying agency of the American
24 association of veterinary state boards. for any state in which the applicant
25 has held a license.
26 (8) The license application fee and first year's license fee in the
27 amount established in the rules adopted by the board.
28 (9) Any additional information that the board may request.
29 (10) Application materials will be valid and maintained at the board
30 office for a period of one (1) year.
31 The board will review applications and issue licenses in January and June
32 of each year. Applicants shall have their completed applications at the board
33 office by the first day of January or June, except as specified in other sec-
34 tions of this chapter or by board rule. If an applicant is found not quali-
35 fied, the board shall immediately notify the applicant in writing of such
36 finding and the grounds therefor. An applicant denied licensure may request a
37 hearing pursuant to the procedures set forth in chapter 52, title 67, Idaho
38 Code. Any applicant who is denied licensure shall be allowed the return of the
39 license fee portion of the application fee.
40 Any applicant taking and passing the Idaho jurisprudence examination and
41 not wanting to be licensed at the next review by the board, shall be allowed
42 the return of the license fee portion of the application fee only.
43 SECTION 5. That Section 54-2110, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 54-2110. LICENSE WITHOUT CLINICAL COMPETENCY TEST (CCT). (1) The board
46 may, upon payment of the fee prescribed under section 54-2107, Idaho Code,
47 license without the clinical competency test (CCT) any person who is a
48 diplomate with current certification from a specialty board approved by the
49 American veterinary medical association. The applicant shall pass the Idaho
50 jurisprudence exam with a score of at least ninety percent (90%) correct ful-
51 fill all requirements for licensure with the exception of a passing score on
52 the clinical competency test (CCT) and shall provide verification of a current
53 certification from a specialty board approved by the American veterinary medi-
14
1 cal association. The veterinary practice of any person who is licensed pursu-
2 ant to this subsection is limited to referrals in the specialty in which the
3 person is board certified.
4 (2) After November 1, 2000, the board may, upon payment of the fee pre-
5 scribed under section 54-2107, Idaho Code, license without the clinical compe-
6 tency test (CCT) any person who has taken their national examinations prior to
7 this date and has not taken and passed the CCT but has fulfilled, in addition
8 to the other requirements for licensure, the requirements of section
9 54-2107(5), Idaho Code.
10 (3) The board may require a personal interview of any or all applicants
11 under this section.
12 SECTION 6. That Section 54-2111, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 54-2111. TEMPORARY PERMIT. The board may, at its discretion, issue a tem-
15 porary permit to an applicant who has passed the NBE and Idaho jurisprudence
16 exam but who has not yet taken the CCT, or to a new graduate, or a currently
17 practicing veterinarian licensed in another state or states, who has fulfilled
18 the requirements for licensure in this state or to a graduate of a
19 nonaccredited or nonapproved school of veterinary medicine that has fulfilled
20 the requirements of section 54-2107, Idaho Code, and the rules of the board.
21 Temporary permits shall be valid until the next license application review by
22 the board or for no more than one (1) year, during which time the applicants
23 issued a temporary permit without having taken the CCT or fulfilling the
24 requirements of section 54-2107(5), Idaho Code, shall take and pass the CCT.
25 Under no circumstances shall a second temporary permit be issued to the same
26 person, except in the case of a temporary permit issued to a graduate of a
27 nonaccredited or nonapproved school of veterinary medicine, which may be
28 renewed for up to three (3) years. If, at the end of the three (3) year
29 period, the applicant has completed the requirements of the approved educa-
30 tional equivalence program, but has not received official notification, the
31 expiration date for the temporary permit may be extended until official noti-
32 fication is received. A temporary permit shall not be issued to any applicant
33 whose license has been revoked in any state for a reason other than nonpayment
34 of license renewal fees. An applicant granted a temporary permit shall provide
35 verification that during the twelve (12) months immediately preceding issuance
36 of the temporary permit he has been in active veterinary practice in another
37 state or shall work under the professional supervision of an actively licensed
38 veterinarian. Pursuant to United States department of agriculture veterinary
39 services memorandum number 572.1, aAn applicant working under a supervised
40 temporary permit will not be allowed to become federally accredited in Idaho
41 until the first year's license has been granted.
42 SECTION 7. That Section 54-2112, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 54-2112. EXPIRATION OF LICENSE OR CERTIFICATION -- NOTICE -- RENEWAL --
45 INACTIVE STATUS. All licenses and certifications shall expire annually on July
46 1 of each year, but may be renewed by submission of the annual renewal form
47 prescribed by the board, proof of completion of the appropriate hours of con-
48 tinuing education, by meeting other requirements as defined in the rules
49 adopted by the board and payment of the renewal fee established and published
50 by the board. Between July 1 and August 1, an expired license or certification
51 may be reinstated by paying the established late fee and renewal fee, and by
15
1 fulfilling the other requirements of this section. Once a license or certifi-
2 cation has expired, the person or agency may not practice veterinary medicine
3 or veterinary technology or function as a certified euthanasia technician or
4 agency until the license or certification has been reinstated or until the
5 person or agency has applied for and received a new license or certification.
6 On or about May 1 of each year, the board shall mail a notice to each
7 licensed veterinarian, certified veterinary technician, certified euthanasia
8 agency and certified euthanasia technican informing them that their license or
9 certification will expire on July 1, and shall also provide a form for
10 renewal. The board shall issue a new license or certification to all qualified
11 persons registering under this chapter.
12 Any veterinarian licensed in Idaho who advises the veterinary board, in
13 writing, that he wishes to remain licensed in this state, but does not intend
14 to actively practice veterinary medicine in the state of Idaho and therefore
15 does not intend to meet the licensing requirements for an active license for
16 the current licensing year, shall be transferred from active to inactive sta-
17 tus and shall be required to pay inactive status fees as prescribed in the
18 rules of the board. Any person may transfer from inactive to active status by
19 making written application for reinstatement to active status, paying all
20 required fees and by meeting other requirements for reinstatement as defined
21 in the rules of the board.
22 Any person or agency practicing veterinary medicine or veterinary technol-
23 ogy or functioning as a certified euthanasia technician or agency, without an
24 active current license or certification, or after the expiration of a license
25 or certification, or during inactive status, shall be practicing in violation
26 of this chapter. A license or certification that is allowed to expire may not
27 be renewed or reinstated after August 1, but the holder may make application
28 for a new license or certification.
29 The board may by rule waive the payment of the annual renewal fee of a
30 licensed veterinarian during the period when the licensee is on active duty
31 with the armed services of the United States, not to exceed the longer of
32 three (3) years or the duration of a national emergency.
33 SECTION 8. That Section 54-2114, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 54-2114. UNAUTHORIZED PRACTICE A MISDEMEANOR. (1) Anyone not authorized
36 to practice veterinary medicine under this chapter in which an active veteri-
37 nary license in this state is a prerequisite to practice, who does practice or
38 offers to practice or holds himself out as being able to practice veterinary
39 medicine, or who practices veterinary medicine as an exempt person during the
40 time when his license is expired, suspended, revoked or annulled, shall be
41 practicing in violation of this chapter and is subject to the provisions of
42 section 54-21178, Idaho Code.
43 (2) Any licensed veterinarian that aids or abets an unlicensed or uncer-
44 tified person to practice veterinary medicine or employs or holds such unli-
45 censed person out as being able to practice veterinary medicine, shall be sub-
46 ject to the provisions of sections 54-2115 and 54-21178, Idaho Code.
47 (3) Anyone not authorized to practice veterinary medicine under this
48 chapter in which an active veterinary license in this state is a prerequisite
49 to practice, who offers services in the field of veterinary medicine to an
50 individual in this state, through telephonic, electronic or other means,
51 regardless of the location or profession of this individual, shall be practic-
52 ing in violation of this chapter and be subject to the provisions of section
53 54-21178, Idaho Code.
16
1 SECTION 9. That Section 54-2115, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 54-2115. GROUNDS FOR DISCIPLINE. The board may refuse to issue, renew or
4 reinstate the license of a veterinarian, or may deny, revoke, suspend, sanc-
5 tion, reprimand, restrict, limit, place on probation or require voluntary sur-
6 render of, the license of a veterinarian, or and may fine and impose other
7 forms of discipline and enter into consent agreements and negotiated settle-
8 ments with any licensed veterinarian pursuant to the procedures set forth in
9 chapter 52, title 67, Idaho Code, for any or all of the following reasons:
10 (1) The employment of fraud, misrepresentation of a material fact or
11 deception in obtaining a by an applicant or licensee in:
12 (a) Securing or attempting to secure the issuance or renewal of a
13 license; or
14 (b) Statements regarding the veterinarian's skills or efficacy or value
15 of any treatment provided or to be provided or using any false, fraudu-
16 lent, misleading or deceptive statement connected with the practice of
17 veterinary medicine including, but not limited to, false or misleading
18 advertising.
19 (2) Unethical or unprofessional conduct, as defined by section 54-2103,
20 Idaho Code, the rules of the board, and the code of professional conduct
21 established by the rules of the board.
22 (3) Conviction of a charge of violating any federal or state statute or
23 rule or regulation regulating narcotics, dangerous drugs or controlled sub-
24 stances.
25 (4) Being found guilty, convicted, placed on probation, having entered a
26 guilty plea that is accepted by the court, forfeiture of bail, bond or collat-
27 eral deposited to secure a defendant's appearance, or having received a with-
28 held judgment or suspended sentence by a court of competent jurisdiction in
29 this state or any other state of one (1) or more of the following:
30 (a) Any felony as defined in chapter 1, title 18, Idaho Code; or
31 (b) Any other criminal act which in any way is related to the practice of
32 veterinary medicine as defined by section 54-2103, Idaho Code; or
33 (c) Any violation of any federal or state statute, rule or regulation
34 regulating narcotics, dangerous drugs or controlled substances.
35 (54) Medical incompetence in the practice of veterinary medicine, as
36 defined by section 54-2103, Idaho Code.
37 (65) Physical or mental incompetence, in the practice of veterinary medi-
38 cine, as defined in section 54-2103, Idaho Code.
39 (76) Malpractice or negligence, in the practice of veterinary medicine,
40 as defined in section 54-2103, Idaho Code.
41 (87) Aiding or abetting an unlicensed or uncertified person to practice
42 veterinary medicine or veterinary technology or employing or holding such
43 unlicensed person out as being able to practice veterinary medicine or veteri-
44 nary technology.
45 (98) Fraud, dishonesty, failure to report, or gross negligence in the
46 inspection of animals and animal products intended for human consumption,
47 issuance of health or inspection certificates, in the application, vaccina-
48 tion, treatment or reporting of any test for disease in animals, and in
49 reporting any contagious or infectious disease.
50 (109) Failure to comply with the veterinary standards of practice, as
51 established by board rule.
52 (110) Failure to comply with the recordkeeping requirements, as estab-
53 lished by the rules of the board.
54 (121) Cruelty to animals including, but not limited to, the intentional
17
1 and malicious infliction of pain, physical suffering, injury or death, perfor-
2 mance of experimental treatments without the owner's consent, deprivation of
3 necessary sustenance, withholding of appropriate pain medications or levels of
4 pain medications, or the administration of unnecessary procedures and treat-
5 ment.
6 (132) Infliction of pain on any animal in self-defense, or to prevent
7 physical harm to others, or in accordance with local custom and culture in
8 moving, handling, treating, dehorning, castrating or performing other proce-
9 dures on livestock, shall not be considered cruel or physically abusive unless
10 done in an unnecessary or intentionally malicious manner. This provision does
11 not alter section 25-3514, Idaho Code.
12 (143) The rRevocation, or suspension, by a state or territory or disci-
13 plinary sanction, other adverse action, or failure to report any such adverse
14 action to the board, including voluntary surrender of a license or certificate
15 by virtue of which one is licensed to practice veterinary medicine in that
16 state, territory or district of the United States jurisdiction or country on
17 grounds other than nonpayment of renewal fees.
18 (154) Failure Falsifying or failing to fulfill the continuing education
19 requirements, as established by the rules of the board.
20 (165) The use, prescription or sale of any controlled substance, veteri-
21 nary legend/prescription drug or prescription of an extra-label use for any
22 human or veterinary drug without a valid veterinarian/client/patient relation-
23 ship.
24 (176) Overtreating, unless the services were contracted for in advance,
25 charging for services which were not rendered, charging for services that were
26 not documented in the patient's records, or charging for services that were
27 not consented to by the owner of the patient or the owner's agent.
28 (187) Failure to timely furnish details of a patient's medical record to
29 another veterinarian, hospital, clinic, owner or owner's agent.
30 (198) Failure of any applicant or licensee to cooperate with the board
31 during any investigation, even if such investigation does not personally con-
32 cern the applicant or licensee.
33 (2019) Failure to comply with the terms of any order, negotiated settle-
34 ment or probationary agreement of the board or to pay the costs assessed in a
35 disciplinary matter pursuant to section 54-2105, Idaho Code.
36 (210) Failure to comply with the terms for renewal or to timely pay
37 license, certification or registration renewal fees, as specified by section
38 54-2112, Idaho Code, and the rules of the board.
39 (221) Failure of a licensed veterinarian to exercise proper supervision,
40 as defined by the rules of the board, when supervising a temporary licensee or
41 holder of a temporary certification, a certified veterinary technician, a vet-
42 erinary technician, a veterinary assistant, a certified euthanasia technician
43 or other employee, except in an emergency situation as defined in section
44 54-2103, Idaho Code.
45 (232) Delegation of an act pertaining to the practice of veterinary medi-
46 cine or veterinary technology to an unqualified employee, regardless of the
47 supervision provided.
48 (243) Aiding or abetting or violating any of the provisions of this chap-
49 ter or any lawful rule or order of the board.
50 SECTION 10. That Section 54-2118, Idaho Code, be, and the same is hereby
51 amended to read as follows:
52 54-2118. VIOLATIONS OF CHAPTER -- REMEDIES AND PENALTIES. In addition to
53 the disciplinary actions set forth in section 54-2115, Idaho Code:
18
1 (1) Any person violating the provisions of this chapter, or violating a
2 rule promulgated by the board to implement the provisions of this chapter may
3 be assessed a civil penalty by the board or its duly authorized agent of not
4 more than five thousand dollars ($5,000) for each offense and shall be liable
5 for investigatory expenses and reasonable paralegal and attorney's fees, and
6 provided that each act on each day of violation shall constitute a separate
7 offense. Assessment of a civil penalty may be made in conjunction with any
8 other board administrative action. No civil penalty may be assessed unless the
9 person charged was given notice and opportunity for a hearing pursuant to the
10 Idaho administrative procedure act. If the board is unable to collect the
11 civil penalty, investigatory expenses or reasonable paralegal and attorney's
12 fees, or if any person fails to pay all of a set portion of the civil penalty
13 as determined by the board, it may recover such amount by action in the appro-
14 priate district court. Any person against whom the board has assessed a civil
15 penalty under this section may, within thirty twenty-eight (3028) days of the
16 final agency action making the assessment, appeal the assessment to the dis-
17 trict court of the county in which the violation is alleged by the board to
18 have occurred took action.
19 (2) Any person who practices veterinary medicine, any person practicing
20 as a certified veterinary technician, a certified euthanasia technician or any
21 agency operating as a certified euthanasia agency without a currently valid,
22 active license, certification, temporary permit or temporary certification
23 shall be guilty of a misdemeanor and upon conviction or withheld judgment
24 shall be fined not less than one hundred dollars ($100), nor more than ten
25 thousand dollars ($10,000), or imprisoned incarcerated for no more than one
26 hundred eighty (180) days, or both fined and imprisoned incarcerated, and pro-
27 vided that each act of such unlawful practice shall constitute a distinct and
28 separate offense.
29 (3) The board, the attorney general's office, any district court or
30 county attorney, or any citizen of this state may bring an action to enjoin
31 any person from practicing veterinary medicine or practicing as a certified
32 veterinary technician, certified euthanasia technician, or any agency operat-
33 ing as a certified euthanasia agency without a currently valid, active
34 license, certification, temporary permit, or temporary certification. If the
35 court finds that the person is violating the provisions of this chapter, it
36 shall enter an injunction restraining that individual from such unlawful acts.
37 (4) The successful maintenance of an action based on any one (1) of the
38 remedies set forth in this section shall in no way prejudice prohibit the
39 prosecution of an action based on any other of the remedies.
STATEMENT OF PURPOSE
RS10503C1
The purpose of the proposed legislatIo:i is to provide for acceptance
of additional national accrediting agencies, provide for a new,
national education and equivalency evaluation program for graduates of
nonaccredited schools of veterinary medicine, provide a grace period
for submission of application and renewal documents, to provide the
requirement that licensed veterinarians attesting to candidates good
moral character must be in good standing and their signatures
notarized, to provide an exception to the license application deadlines
to accommodate national submission deadlines for lists of applicants
approved to take their national examination, to provide an exception
allowing a temporary permit issued to a graduate of a non-accredited or
non-approved school of veterinary medicine to be renewed up to three
(3) years and to provide a provision for reinstatement of licenses
expired for less than one (1) month; to expand the definition for
"Discipline" and board jurisdiction to include licensed or unlicensed,
certified or uncertified individuals who have practiced or are
practicing veterinary medicine in this state regardless of their
physical location, to expand the definitions for "Practice of
Veterinary Medicine" and "Unlicensed Practice" to include practice
through telephonic or electronic means and to expand grounds for
discipline to include failure by the applicant or licensee to report
disciplinary
actions in other states, to falsify continuing education records and to
fail to pay the costs assessed in a disciplinary action; to clarify
veterinary supervision for veterinary technicians and assistants, the
responsibility for verification of accurate information on license and
certification application documents, the organizations responsible for
the development of the national examinations, the requirements for
licensure without the clinical competency test, disciplinary action for
fraud or misrepresentation and forms of disciplinary action taken in
other jurisdictions; to add the ability to recover paralegal and
hearing officer charges, as well as costs associated with board
services, to add the ability to conduct inspections and to add
reprimands, restrictions, limitations and fines as forms of discipline;
to include a reference to Chapter 1, Title 73 within the definition of
"owner/ownership," a reference to U.S. Department of Agriculture
Veterinary Services Memorandum Number
572.1 as the source for denial of accreditation for
veterinarians working under a supervised temporary permit and
verification of a current specialty certification to the licensing
requirements for a person that is a diplomat of a specialty board; to
remove the definition for "Liaison Officer" and specify the duties of
the liaison officer under Section
54-2105, Idaho Code, Board of veterinary medicine - Composition
- Appointment - Vacancy - Qualifications Compensation -
Removal Meetings Officers - Revenues and Powers; to make technical
changes, and to renumber various sections.
FISCAL IMPACT
None.
CONTACT:
Name: Sheila Jensen, Administrative Assistant
Agency: Idaho Board of Veterinary Medicine
Phone: (208) 332-8588
Statement of Purpose H90