2001 Legislation
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HOUSE BILL NO. 90 – Veterinarians, licensure/bd members

HOUSE BILL NO. 90

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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

Bill Text


                                                                        
                                                                        
  ||||              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
                                                                        
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  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
                                                                        
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  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 / Fiscal Impact


                      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