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S1314aa.............................................by AGRICULTURAL AFFAIRS
BULL SEMEN EVALUATIONS - Amends existing law to provide that certain
persons performing or providing specified bull semen evaluations are not
required to be licensed veterinarians or holders of valid temporary permits
issued by the State Board of Veterinary Medicine.
02/13 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Agric Aff
03/03 Rpt out - to 14th Ord
03/11 Rpt out amen - to engros
03/12 Rpt engros - 1st rdg - to 2nd rdg as amen
03/15 2nd rdg - to 3rd rdg as amen
03/16 3rd rdg as amen - PASSED - 29-6-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Compton, Darrington, Davis, Gannon, Geddes, Ingram,
Keough, Little, Lodge, Marley, McKenzie, McWilliams, Noble, Noh,
Pearce, Richardson, Schroeder, Sorensen, Stegner, Sweet, Werk,
Williams
NAYS -- Cameron, Goedde, Hill, Kennedy, Malepeai, Stennett
Absent and excused -- None
Floor Sponsor - Pearce
Title apvd - to House
03/17 House intro - 1st rdg - to Agric Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1314
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO VETERINARIANS; AMENDING SECTION 54-2103, IDAHO CODE, TO REVISE A
3 DEFINITION; AND AMENDING SECTION 54-2104, IDAHO CODE, TO PROVIDE THAT PER-
4 SONS CONDUCTING CERTAIN BULL SEMEN EVALUATIONS ARE NOT REQUIRED TO BE
5 LICENSED VETERINARIANS OR HOLDERS OF VALID TEMPORARY PERMITS ISSUED BY THE
6 STATE BOARD OF VETERINARY MEDICINE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 54-2103, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 54-2103. DEFINITIONS. As used in this chapter:
11 (1) "Accredited continuing education activity" means a provider and
12 course, seminar, scientific program or any other activity approved by the
13 board or its designees for continuing education credit.
14 (2) "Accredited or approved school of veterinary medicine" means any vet-
15 erinary college or division of a university or college inside or outside the
16 United States or Canada that offers the degree of doctor of veterinary medi-
17 cine, veterinary medicine doctor, or its equivalent and is accredited or
18 approved by the council on education of the American veterinary medical asso-
19 ciation or other accrediting agency or association approved by the board.
20 (3) "Allied health professional" means a person holding a current active
21 license, in good standing, in any state to practice one (1) of the healing
22 arts including, but not limited to medicine, dentistry, osteopathy, chiroprac-
23 tic, acupuncture and podiatry.
24 (4) "Anesthetized" means any condition of general anesthesia, caused by
25 the administration of a drug or combination of drugs in sufficient quantity to
26 produce a state of unconsciousness or disassociation and blocked response to a
27 given pain or alarm stimulus. At a minimum, each anesthetized patient shall be
28 monitored and under continuous observation until the patient is awake and in
29 sternal recumbency.
30 (5) "Animal" means any animal other than man and includes fowl, birds,
31 fish and reptiles, wild or domestic, living or dead.
32 (6) "Assistant" means any individual who is employed by an actively
33 licensed veterinarian to perform acts pertaining to the practice of veterinary
34 medicine and receives compensation for such acts from the employing veterinar-
35 ian but is not a certified veterinary technician or licensed veterinarian.
36 (7) "Board" means the state board of veterinary medicine.
37 (8) "Certified euthanasia agency" or "CEA" means a law enforcement
38 agency, an animal control agency or a society for the prevention of cruelty to
39 animals, which has been inspected and certified by the euthanasia task force
40 or the board.
41 (9) "Certified euthanasia technician" or "CET" means:
42 (a) A person employed by a certified euthanasia agency or working under
43 the indirect supervision of a licensed veterinarian, but not to include an
2
1 individual employed as a technician by animal research laboratories, who
2 is instructed and certified by the euthanasia task force or the board as
3 defined in the rules of the board.
4 (b) Any person who is trained prior to December 31, 1992, in euthanasia
5 methods, in a course approved by the board, may be certified upon presen-
6 tation of evidence of such training to either the euthanasia task force or
7 the board.
8 (10) "Certified veterinary technician" means a person who has fulfilled
9 the certification requirements prescribed by board rule and has been certified
10 by the board to practice veterinary technology in this state.
11 (11) "Consultation" means a deliberation between two (2) or more veteri-
12 narians concerning the diagnosis of a disease or the proper management of the
13 case.
14 (12) "Credit hour" means fifty (50) minutes of participation in an accred-
15 ited continuing education activity.
16 (13) "Dentistry" is the practice of veterinary medicine and means the
17 application or use of any instrument or device to any portion of an animal's
18 tooth, gum or any related tissue for the prevention, cure or relief of any
19 wound, fracture, injury, disease or other condition of an animal's tooth, gum
20 or related tissue. Dentistry includes, but is not limited to:
21 (a) "Preventive dental procedures" including, but not limited to, the
22 removal of calculus, soft deposits, plaque, stains, and floating to shape
23 the teeth above the gum line or the smoothing, filing or polishing of
24 tooth surfaces above the gum line; and
25 (b) "Operative dentistry/oral surgery" or any other dental procedure that
26 invades the hard or soft oral tissue including a procedure that alters the
27 structure of one (1) or more teeth, or repairs damaged and diseased teeth,
28 or the deliberate extraction of one (1) or more teeth.
29 (14) "Direct supervision" means the supervisor is on the premises where
30 the animal is being treated, is quickly and easily available and the animal
31 has been examined by the supervising veterinarian as acceptable veterinary
32 medical practice requires.
33 (15) "Discipline" means board action including, but not limited to:
34 (a) Refusing to issue, renew or reinstate a license, permit or certifica-
35 tion to practice as a licensed veterinarian, a certified veterinary tech-
36 nician, a certified euthanasia agency or a certified euthanasia techni-
37 cian;
38 (b) Denial, revocation, suspension, sanction, probation or voluntary sur-
39 render of a license, permit or certification to practice as a licensed
40 veterinarian, a certified veterinary technician, a certified euthanasia
41 agency or a certified euthanasia technician;
42 (c) The ability to enter into consent agreements and negotiated settle-
43 ments with licensed veterinarians, certified veterinary technicians, cer-
44 tified euthanasia agencies and certified euthanasia technicians;
45 (d) The ability to bring an administrative or civil action against any
46 person in or outside of this state who practices veterinary medicine, vet-
47 erinary technology or who performs euthanasia within this state.
48 (16) "Emergency" means that the animal has been placed in a life-
49 threatening condition where immediate treatment is necessary to sustain life.
50 (17) "Emergency veterinary hospital" means a facility in which veterinary
51 services are provided by either a "veterinarian on premises" or "veterinarian
52 on call."
53 (18) "Euthanasia task force" means a task force established by the board
54 for the purposes of training, examining, certifying and inspecting certified
55 euthanasia agencies and certified euthanasia technicians.
3
1 (19) "Extra label use" means the actual or intended use of a human or vet-
2 erinary drug in an animal in a manner that is not in accordance with the
3 drug's labeling.
4 (20) "Floating" means shaping the posterior (cheek) teeth and the incisors
5 (cutting teeth) in horses, mules and donkeys through the use of hand floats,
6 rasps, burs, mechanical files or other file-like instruments to restore bal-
7 ance, allow more efficient mastication, and reduce pain and trauma to the
8 periodontal tissues.
9 (21) "Herd, litter or flock" of animals means animals managed as a group
10 for purposes including, but not limited to, breeding, sale, show or food pro-
11 duction.
12 (22) "Immediate supervision" means the supervisor is in the immediate
13 area, in audible and visual range of the animal patient and the person treat-
14 ing the patient and the animal has been examined by the supervising veterinar-
15 ian as acceptable veterinary medical practice requires.
16 (23) "In good standing" means that an applicant:
17 (a) Has not been the recipient of any administrative penalties regarding
18 his practice of veterinary medicine including, but not limited to, fines,
19 formal reprimands, license suspensions or revocations (except for license
20 revocations for nonpayment of license renewal fees) or probationary limi-
21 tations, or has not entered into any consent agreement or negotiated set-
22 tlement that contains conditions placed by a board on his professional
23 conduct and practice, including any voluntary surrender of a license; and
24 (b) Has never had his United States drug enforcement administration priv-
25 ileges restricted or revoked; and
26 (c) Is not currently under investigation by another veterinary licensing
27 authority for acts which would provide a basis for disciplinary action in
28 this state, as determined by the board; and
29 (d) Has no physical or mental impairment related to drugs, alcohol, or a
30 finding of mental incompetence by a physician that would limit the
31 applicant's ability to undertake the practice of veterinary medicine in a
32 manner consistent with the safety of a patient or the public; and
33 (e) Has not been convicted of a felony as defined in chapter 1, title 18,
34 Idaho Code; and
35 (f) Has no criminal conviction record or pending criminal charge relating
36 to an offense the circumstances of which substantially relate to the prac-
37 tice of veterinary medicine. Applicants who have criminal conviction
38 records or pending criminal charges shall require appropriate authorities
39 to provide information about the record or charge directly to the board in
40 sufficient detail to enable the board to make a determination whether the
41 record or charge is substantially related to the practice of veterinary
42 medicine.
43 (24) "Indirect supervision" means the supervisor is not on the premises
44 but is available for immediate contact by telephone, radio or other means, has
45 given either written or oral instructions for treatment of the animal patient,
46 the animal has been examined by the supervising veterinarian as acceptable
47 veterinary medical practice requires, and the animal, if previously
48 anesthetized, has recovered to the point of being conscious and sternal.
49 (25) "Legend/Prescription drug" means any drug which, under federal law,
50 regulation or rule, is required, prior to being distributed or delivered, to
51 be labeled with one (1) of the following statements: "Caution: Federal law
52 restricts this drug to be used by or on the order of a licensed veterinarian,"
53 or "Caution: Federal law prohibits dispensing without a prescription," or "RX
54 Only," or a drug which is required by any applicable state or federal law,
55 rule or regulation to be distributed or dispensed pursuant to a prescription
4
1 only, or is restricted to use by licensed practitioners only.
2 (26) "Licensed veterinarian" means a person who is validly and currently
3 licensed to practice veterinary medicine in this state.
4 (27) "Malpractice" means, but is not limited to:
5 (a) Treatment in a manner contrary to accepted veterinary practices and
6 with injurious results; or
7 (b) Any professional misconduct or unreasonable lack of professional
8 skill or fidelity in the performance of the professional practice of vet-
9 erinary medicine; or
10 (c) Failure to provide adequate supervision, except in an emergency situ-
11 ation; or
12 (d) Allowing an unqualified individual to perform a procedure that is
13 part of the practice of veterinary medicine; or
14 (e) The negligent practice of veterinary medicine, as determined by the
15 standard of practice for the area, that results in injury, unnecessary
16 suffering or death.
17 (28) "Medical incompetence" means lacking in sufficient medical knowledge
18 or skills or both to a degree likely to endanger the health of patients.
19 (29) "Mobile clinic" means a vehicle including, but not limited to, a cam-
20 per, motor home, trailer or mobile home, used as a veterinary medical facil-
21 ity. A mobile clinic is not required for house calls or farm calls.
22 (30) "Owner/Ownership" means ownership as defined by the laws of property
23 and ownership, chapter 1, title 55, Idaho Code, and chapter 1, title 73,
24 Idaho Code.
25 (31) "Person" means any individual, firm, partnership, association, joint
26 venture, cooperative and corporation, or any other group or combination acting
27 in concert; and whether or not acting as principal, trustee, fiduciary,
28 receiver, or as any other kind of legal or personal representative, or as the
29 successor in interest, assignee, agent, factor, servant, employee, director,
30 officer, or any other representative of such person.
31 (32) "Physical or mental incompetence" means the veterinarian's ability to
32 practice veterinary medicine with reasonable skill and safety is impaired by
33 reason of illness, excessive use of alcohol, drugs, narcotics, chemicals or
34 any other substance, or as a result of any mental or physical disability.
35 (33) "Practice of veterinary medicine" in this state, through telephonic,
36 electronic or other means, regardless of the location of the veterinarian,
37 includes veterinary surgery, obstetrics, dentistry, and all other branches or
38 specialties of veterinary medicine and means:
39 (a) To directly or indirectly diagnose, treat, correct, change, relieve
40 or prevent animal disease, deformity, defect, injury or other physical or
41 mental conditions; including the prescription or administration of any
42 drug, medicine, biologic, apparatus application, anesthetic or other ther-
43 apeutic or diagnostic substance or technique, or the use of any obstetri-
44 cal procedure or any manual or mechanical procedure for artificial insemi-
45 nation, for testing or examining for pregnancy, fertility evaluation,
46 embryo transplant, grading of fresh semen, or to render advice or recom-
47 mendation with regard to any of the above, or to provide indirect supervi-
48 sion to individuals who conduct semen evaluations by collecting and ana-
49 lyzing bull semen for the purpose of evaluating and assessing semen con-
50 centration, motility, morphology, and gross scrotal circumference.
51 (b) To represent, directly or indirectly, publicly or privately, an abil-
52 ity and willingness to do any act described in subsection (33)(a) of this
53 section.
54 (c) To use any title, words, abbreviations or letter in a manner or under
55 circumstances which induce the belief that the person using them is quali-
5
1 fied to do any act described in subsection (33)(a) of this section,
2 except where such person is a licensed veterinarian.
3 (34) "Professional supervision" means the supervisor is in daily contact
4 by telephone, radio or other means with the temporary licensee.
5 (35) "Referral" means the transfer of responsibility for diagnosis and
6 treatment from the referring veterinarian to the receiving veterinarian, or
7 from the referring veterinarian to the board-certified specialist, or from the
8 referring veterinarian to an allied health professional.
9 (36) "Regular employee" means a person who performs services for the
10 animal's owner other than, or in addition to, feeding, boarding, castrating
11 and dehorning, but does not include independent contractors or agents.
12 (37) "Supervision" means the action or process of directing activities or
13 a course of action, and pertains to any and all employees of the veterinarian.
14 (38) "Supervisor" means an actively licensed veterinarian employing and
15 utilizing the services of a temporary licensee, certified veterinary techni-
16 cian, veterinary technician, veterinary technician with a temporary certifica-
17 tion, veterinary assistant, certified euthanasia technician, or as provided by
18 rule. A supervisor shall be individually responsible and liable, regardless of
19 the supervision provided, for all damages arising out of his own acts or omis-
20 sions or for the performance of any acts and omissions pertaining to the prac-
21 tice of veterinary medicine that are delegated to the temporary licensee, cer-
22 tified veterinary technician, veterinary technician, veterinary assistant or
23 certified euthanasia technician. Nothing herein shall be construed to deprive
24 the board of its disciplinary authority with respect to the temporary licen-
25 sees, certified veterinary technicians, veterinary technicians, veterinary
26 assistants or certified euthanasia technicians.
27 (39) "Unethical or unprofessional conduct" means to knowingly engage in
28 conduct of a character likely to deceive or defraud the public, false or mis-
29 leading advertising or solicitation, obtaining any fee or compensation by
30 fraud or misrepresentation, sharing office space and working in conjunction
31 with any person illegally practicing veterinary medicine, employing either
32 indirectly or directly an unlicensed or uncertified person to perform acts
33 pertaining to the practice of veterinary medicine, except as provided by law
34 or rule, or the violation of any law or rules adopted by the board pertaining
35 to unethical or unprofessional conduct, or that provide a code of professional
36 conduct to be followed and carried out by persons licensed or certified by the
37 board.
38 (40) "Unlicensed practice" means:
39 (a) The practice of veterinary medicine in this state, through tele-
40 phonic, electronic or other means, regardless of the location of the vet-
41 erinarian, without a valid, unexpired, unrevoked, and unsuspended active
42 license or certification in this state to do so, except as provided by law
43 or rule; or
44 (b) Representing one's self through offerings, advertisements or use of
45 professional titles or designations as being qualified to practice veteri-
46 nary medicine.
47 (41) "Veterinarian" means a person who has received a doctor's degree in
48 veterinary medicine from an accredited or approved school of veterinary medi-
49 cine or as otherwise provided by law or rule.
50 (42) "Veterinarian on premises" means a veterinarian is present at the
51 veterinary medical facility and is prepared and qualified to render veterinary
52 services.
53 (43) "Veterinarian on call" means a veterinarian is not present at the
54 veterinary medical facility, but is able to respond within a reasonable time
55 to requests for emergency veterinary services and has been designated to so
6
1 respond.
2 (44) "Veterinary medical facility" means any premises, unit, structure or
3 mobile unit used or controlled by a veterinarian for the practice of veteri-
4 nary medicine and where any animal is received or confined to be examined,
5 diagnosed or treated medically, surgically or prophylactically. This does not
6 include the owner's animal on the owner's premises.
7 (45) "Veterinary technician" means a person who has graduated from a vet-
8 erinary technology program accredited or approved by the council on education
9 of the American veterinary medical association, or other accrediting agency
10 approved by the board, or a person who has received equivalent training as set
11 forth in the rules of the board.
12 (46) "Veterinary technology" means the performance of services within the
13 practice of veterinary medicine by a person employed by a licensed veterinar-
14 ian to perform duties that require an understanding of veterinary medicine in
15 order to carry out the orders of the veterinarian. However, such services
16 shall not include prognosis, diagnosis, operative dentistry, deliberate tooth
17 extraction procedures or the prescribing of treatment or performing surgery of
18 any kind.
19 SECTION 2. That Section 54-2104, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 54-2104. LICENSE A PREREQUISITE TO PRACTICE -- EXCEPTIONS. (1) No person
22 may practice veterinary medicine in the state who is not an actively licensed
23 veterinarian or the holder of a valid temporary permit issued by the board.
24 (2) This chapter shall not be construed to prohibit:
25 (a) A veterinarian employed by the federal, state or local government
26 from performing his official duties specifically required under any lawful
27 act or statute, except that this exemption shall not apply to such persons
28 not actively engaged in performing or fulfilling their official duties and
29 responsibilities.
30 (b) A person who is a regular student currently enrolled and in good
31 standing in an accredited or approved school of veterinary medicine, vet-
32 erinary science department or an educational institution accredited by a
33 national or regional accrediting agency recognized by the Idaho state
34 board of education or the United States department of education from per-
35 forming duties or actions assigned by his instructors, or from working
36 under the direct supervision of an actively licensed veterinarian during a
37 school vacation period. The unsupervised or unauthorized practice of vet-
38 erinary medicine by a student, even though on the premises of an accred-
39 ited or approved school of veterinary medicine, veterinary science depart-
40 ment, an educational institution accredited by a national or regional
41 accrediting agency recognized by the Idaho state board of education or the
42 United States department of education or at a veterinary medical facility,
43 is prohibited.
44 (c) A person who is a regular student currently enrolled and in good
45 standing in a nonaccredited or nonapproved educational institution, that
46 holds a valid certificate of registration issued by the Idaho state board
47 of education, from performing duties or actions assigned by his instruc-
48 tors. This exemption does not include surgery or the administration of
49 controlled substances or legend/prescription drugs, unless specifically
50 allowed by state or federal law, rule or regulation. The unsupervised or
51 unauthorized personal practice of veterinary medicine by a student on the
52 premises of a nonaccredited or nonapproved educational institution is pro-
53 hibited.
7
1 (d) Idaho extension personnel from performing their official duties.
2 (e) A veterinarian holding a current, active license, in good standing,
3 in another state, from consulting with a licensed veterinarian in this
4 state.
5 (f) Any merchant or manufacturer from selling nonprescription and
6 noncontrolled medicines, biologics, feed, medicated feed, appliances or
7 other products for the prevention or treatment of animal and poultry dis-
8 eases. Such merchants or manufacturers shall not, either directly or indi-
9 rectly, attempt to diagnose a symptom or disease in order to advise treat-
10 ment, use of drugs, medicines, appliances or products.
11 (g) A farmer, rancher or feedlot operator, including custom ranch or
12 feedlot operators, and their regular employees, from caring for and treat-
13 ing animals within their possession or control, when such animals have
14 been consigned by their legal owner and except where the ownership or pos-
15 session of the animal was transferred or the employment changed to circum-
16 vent this chapter.
17 (h) The owner of an animal or his regular employees from caring for and
18 treating the animals belonging to such owner, or livestock owners or regu-
19 lar employees pregnancy testing their own or employer's cattle or the
20 exchange of services for which no monetary compensation is paid between
21 owners or their regular employees, except where the ownership or posses-
22 sion of the animal was transferred or the employment changed to circumvent
23 this chapter, and provided that only an actively licensed veterinarian may
24 immunize or treat an animal for diseases which require the use of a vac-
25 cine that is restricted by state or federal law, rules or regulations, or
26 as otherwise provided by board rule. Notwithstanding the provisions of
27 this paragraph, a veterinarian/client/patient relationship, as defined by
28 rules, must exist when controlled substances or legend/prescription drugs
29 are administered, distributed, dispensed or prescribed.
30 (i) A member of a faculty of an accredited or approved school of veteri-
31 nary medicine, a veterinary science department, or an educational institu-
32 tion accredited by a national or regional accrediting agency recognized by
33 the Idaho state board of education or the United States department of edu-
34 cation, from performing his regular functions. The unsupervised or unau-
35 thorized personal practice of veterinary medicine, by a faculty member on
36 the premises of any of the above institutions, is prohibited.
37 (j) Any person from selling or applying any pesticide, insecticide, or
38 herbicide.
39 (k) A person lecturing or giving instructions or demonstrations at an
40 accredited or approved school of veterinary medicine, veterinary science
41 department or an educational institution accredited or approved by a
42 national or regional accrediting agency recognized by the Idaho state
43 board of education or the United States department of education, or in
44 connection with an approved continuing education course or seminar.
45 (l) A member of a faculty of a nonaccredited or nonapproved educational
46 institution, who holds a valid certificate of registration issued by the
47 Idaho state board of education, from performing his regular functions.
48 This exemption does not include surgery or the administration of con-
49 trolled substances or legend/prescription drugs, unless specifically
50 allowed by state or federal law, rule or regulation. The unsupervised or
51 unauthorized personal practice of veterinary medicine by a faculty member
52 on the premises of a nonaccredited or nonapproved educational institution
53 is prohibited.
54 (m) Individuals employed as instructors or researchers by, or enrolled as
55 students in, any bona fide medical research institution from conducting
8
1 experiments and scientific research on animals:
2 (i) In the development of pharmaceuticals, biologicals, serums for
3 treating human or animal ailments; or
4 (ii) In the development of methods of treatment or techniques for
5 the diagnosis or treatment of human or animal ailments; or
6 (iii) When engaged in the study and development of methods and tech-
7 niques directly or indirectly applicable to the practice of veteri-
8 nary medicine, so long as such research is conducted in compliance
9 with applicable state and federal laws, rules and regulations.
10 (n) Any person from performing artificial insemination of domestic ani-
11 mals as governed by chapter 8, title 25, Idaho Code.
12 (o) Any person from horseshoeing or hoof trimming bovine, equine and farm
13 animals.
14 (p) An allied health professional actively licensed and in good standing
15 in any state from participating in a medical procedure involving an ani-
16 mal, provided that such participation is in his licensed field of medicine
17 and under the indirect supervision of an actively licensed veterinarian.
18 (q) Any person from the gratuitous treatment of animals in an emergency
19 as a neighborly act.
20 (r) Any state or federal livestock inspector from performing his official
21 duties specifically required under any lawful act or statute, and provided
22 that this exemption shall not apply to such persons not actively engaged
23 in performing or fulfilling their official duties and responsibilities.
24 (s) A certified euthanasia agency from operating as a CEA as defined by
25 law and rules.
26 (t) A certified euthanasia technician from performing those duties as
27 defined by law and rules.
28 (u) Any person from utilizing cotton swabs, gauze, dental floss,
29 dentifrice or toothbrushes to clean an animal's teeth.
30 (v) A certified veterinary technician employed by an actively licensed
31 veterinarian from practicing veterinary technology under appropriate
32 supervision, as defined by the rules of the board.
33 (w) An assistant or veterinary technician employed by an actively
34 licensed veterinarian from performing acts pertaining to the practice of
35 veterinary medicine under appropriate supervision, as defined by the rules
36 of the board, and provided that the employing veterinarian compensates the
37 assistants for the performance of such acts.
38 (x) The personal representative, executor or sole surviving heir of a
39 licensed veterinarian from continuing to operate the veterinary medical
40 facility of the deceased for a period of not more than twelve (12) months
41 following death, and providing that an actively licensed veterinarian
42 makes all the decisions pertaining to the diagnosis, care and treatment of
43 the patients.
44 (y) Any person from conducting semen evaluations limited to collecting
45 and analyzing bull semen for the purpose of evaluating and assessing semen
46 concentration, motility, morphology, and gross scrotal circumference. This
47 exemption does not apply to or seek to replace the performance of a com-
48 plete breeding soundness evaluation and/or qualified, prognostic fertility
49 examination.
50 (3) Nothing in this section shall be construed as limiting the board's
51 authority to provide other exemptions or exceptions to the requirements for
52 licensing, under its rulemaking authority, as the board may find necessary or
53 appropriate.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Williams
Seconded by Pearce
IN THE SENATE
SENATE AMENDMENTS TO S.B. NO. 1314
1 AMENDMENT TO SECTION 2
2 On page 8 of the printed bill, delete lines 44 through 49 and insert:
3 "(y) A person who has performed or provided bull semen evaluations in
4 this state prior to the date of adjournment of the second regular session
5 of the fifty-seventh Idaho legislature from continuing thereafter to per-
6 form or provide bull semen evaluations. For purposes of this exception,
7 bull semen evaluations are limited to the collecting and analyzing of
8 bovine semen for the purpose of assessing concentration, motility,
9 morphology, and gross scrotal circumference.".
10 AMENDMENTS TO THE BILL
11 On page 1, delete lines 8 through 43, delete pages 2 through 5, and on
12 page 6, delete lines 1 through 18; and in line 19, delete "SECTION 2" and
13 insert: "SECTION 1".
14 CORRECTIONS TO TITLE
15 On page 1, delete line 2 and insert: "RELATING TO VETERINARIANS;"; in line
16 3, delete "DEFINITION; AND"; and also in line 3, following "THAT" insert:
17 "CERTAIN"; and in line 4, delete "CONDUCTING CERTAIN" and insert: "PERFORMING
18 OR PROVIDING SPECIFIED".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1314, As Amended
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO VETERINARIANS; AMENDING SECTION 54-2104, IDAHO CODE, TO PROVIDE
3 THAT CERTAIN PERSONS PERFORMING OR PROVIDING SPECIFIED BULL SEMEN EVALUA-
4 TIONS ARE NOT REQUIRED TO BE LICENSED VETERINARIANS OR HOLDERS OF VALID
5 TEMPORARY PERMITS ISSUED BY THE STATE BOARD OF VETERINARY MEDICINE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 54-2104, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 54-2104. LICENSE A PREREQUISITE TO PRACTICE -- EXCEPTIONS. (1) No person
10 may practice veterinary medicine in the state who is not an actively licensed
11 veterinarian or the holder of a valid temporary permit issued by the board.
12 (2) This chapter shall not be construed to prohibit:
13 (a) A veterinarian employed by the federal, state or local government
14 from performing his official duties specifically required under any lawful
15 act or statute, except that this exemption shall not apply to such persons
16 not actively engaged in performing or fulfilling their official duties and
17 responsibilities.
18 (b) A person who is a regular student currently enrolled and in good
19 standing in an accredited or approved school of veterinary medicine, vet-
20 erinary science department or an educational institution accredited by a
21 national or regional accrediting agency recognized by the Idaho state
22 board of education or the United States department of education from per-
23 forming duties or actions assigned by his instructors, or from working
24 under the direct supervision of an actively licensed veterinarian during a
25 school vacation period. The unsupervised or unauthorized practice of vet-
26 erinary medicine by a student, even though on the premises of an accred-
27 ited or approved school of veterinary medicine, veterinary science depart-
28 ment, an educational institution accredited by a national or regional
29 accrediting agency recognized by the Idaho state board of education or the
30 United States department of education or at a veterinary medical facility,
31 is prohibited.
32 (c) A person who is a regular student currently enrolled and in good
33 standing in a nonaccredited or nonapproved educational institution, that
34 holds a valid certificate of registration issued by the Idaho state board
35 of education, from performing duties or actions assigned by his instruc-
36 tors. This exemption does not include surgery or the administration of
37 controlled substances or legend/prescription drugs, unless specifically
38 allowed by state or federal law, rule or regulation. The unsupervised or
39 unauthorized personal practice of veterinary medicine by a student on the
40 premises of a nonaccredited or nonapproved educational institution is pro-
41 hibited.
42 (d) Idaho extension personnel from performing their official duties.
43 (e) A veterinarian holding a current, active license, in good standing,
2
1 in another state, from consulting with a licensed veterinarian in this
2 state.
3 (f) Any merchant or manufacturer from selling nonprescription and
4 noncontrolled medicines, biologics, feed, medicated feed, appliances or
5 other products for the prevention or treatment of animal and poultry dis-
6 eases. Such merchants or manufacturers shall not, either directly or indi-
7 rectly, attempt to diagnose a symptom or disease in order to advise treat-
8 ment, use of drugs, medicines, appliances or products.
9 (g) A farmer, rancher or feedlot operator, including custom ranch or
10 feedlot operators, and their regular employees, from caring for and treat-
11 ing animals within their possession or control, when such animals have
12 been consigned by their legal owner and except where the ownership or pos-
13 session of the animal was transferred or the employment changed to circum-
14 vent this chapter.
15 (h) The owner of an animal or his regular employees from caring for and
16 treating the animals belonging to such owner, or livestock owners or regu-
17 lar employees pregnancy testing their own or employer's cattle or the
18 exchange of services for which no monetary compensation is paid between
19 owners or their regular employees, except where the ownership or posses-
20 sion of the animal was transferred or the employment changed to circumvent
21 this chapter, and provided that only an actively licensed veterinarian may
22 immunize or treat an animal for diseases which require the use of a vac-
23 cine that is restricted by state or federal law, rules or regulations, or
24 as otherwise provided by board rule. Notwithstanding the provisions of
25 this paragraph, a veterinarian/client/patient relationship, as defined by
26 rules, must exist when controlled substances or legend/prescription drugs
27 are administered, distributed, dispensed or prescribed.
28 (i) A member of a faculty of an accredited or approved school of veteri-
29 nary medicine, a veterinary science department, or an educational institu-
30 tion accredited by a national or regional accrediting agency recognized by
31 the Idaho state board of education or the United States department of edu-
32 cation, from performing his regular functions. The unsupervised or unau-
33 thorized personal practice of veterinary medicine, by a faculty member on
34 the premises of any of the above institutions, is prohibited.
35 (j) Any person from selling or applying any pesticide, insecticide, or
36 herbicide.
37 (k) A person lecturing or giving instructions or demonstrations at an
38 accredited or approved school of veterinary medicine, veterinary science
39 department or an educational institution accredited or approved by a
40 national or regional accrediting agency recognized by the Idaho state
41 board of education or the United States department of education, or in
42 connection with an approved continuing education course or seminar.
43 (l) A member of a faculty of a nonaccredited or nonapproved educational
44 institution, who holds a valid certificate of registration issued by the
45 Idaho state board of education, from performing his regular functions.
46 This exemption does not include surgery or the administration of con-
47 trolled substances or legend/prescription drugs, unless specifically
48 allowed by state or federal law, rule or regulation. The unsupervised or
49 unauthorized personal practice of veterinary medicine by a faculty member
50 on the premises of a nonaccredited or nonapproved educational institution
51 is prohibited.
52 (m) Individuals employed as instructors or researchers by, or enrolled as
53 students in, any bona fide medical research institution from conducting
54 experiments and scientific research on animals:
55 (i) In the development of pharmaceuticals, biologicals, serums for
3
1 treating human or animal ailments; or
2 (ii) In the development of methods of treatment or techniques for
3 the diagnosis or treatment of human or animal ailments; or
4 (iii) When engaged in the study and development of methods and tech-
5 niques directly or indirectly applicable to the practice of veteri-
6 nary medicine, so long as such research is conducted in compliance
7 with applicable state and federal laws, rules and regulations.
8 (n) Any person from performing artificial insemination of domestic ani-
9 mals as governed by chapter 8, title 25, Idaho Code.
10 (o) Any person from horseshoeing or hoof trimming bovine, equine and farm
11 animals.
12 (p) An allied health professional actively licensed and in good standing
13 in any state from participating in a medical procedure involving an ani-
14 mal, provided that such participation is in his licensed field of medicine
15 and under the indirect supervision of an actively licensed veterinarian.
16 (q) Any person from the gratuitous treatment of animals in an emergency
17 as a neighborly act.
18 (r) Any state or federal livestock inspector from performing his official
19 duties specifically required under any lawful act or statute, and provided
20 that this exemption shall not apply to such persons not actively engaged
21 in performing or fulfilling their official duties and responsibilities.
22 (s) A certified euthanasia agency from operating as a CEA as defined by
23 law and rules.
24 (t) A certified euthanasia technician from performing those duties as
25 defined by law and rules.
26 (u) Any person from utilizing cotton swabs, gauze, dental floss,
27 dentifrice or toothbrushes to clean an animal's teeth.
28 (v) A certified veterinary technician employed by an actively licensed
29 veterinarian from practicing veterinary technology under appropriate
30 supervision, as defined by the rules of the board.
31 (w) An assistant or veterinary technician employed by an actively
32 licensed veterinarian from performing acts pertaining to the practice of
33 veterinary medicine under appropriate supervision, as defined by the rules
34 of the board, and provided that the employing veterinarian compensates the
35 assistants for the performance of such acts.
36 (x) The personal representative, executor or sole surviving heir of a
37 licensed veterinarian from continuing to operate the veterinary medical
38 facility of the deceased for a period of not more than twelve (12) months
39 following death, and providing that an actively licensed veterinarian
40 makes all the decisions pertaining to the diagnosis, care and treatment of
41 the patients.
42 (y) A person who has performed or provided bull semen evaluations in this
43 state prior to the date of adjournment of the second regular session of
44 the fifty-seventh Idaho legislature from continuing thereafter to perform
45 or provide bull semen evaluations. For purposes of this exception, bull
46 semen evaluations are limited to the collecting and analyzing of bovine
47 semen for the purpose of assessing concentration, motility, morphology,
48 and gross scrotal circumference.
49 (3) Nothing in this section shall be construed as limiting the board's
50 authority to provide other exemptions or exceptions to the requirements for
51 licensing, under its rulemaking authority, as the board may find necessary or
52 appropriate.
STATEMENT OF PURPOSE
RS14056
The purpose of this proposed legislation is to amend the Veterinary Practice Act to allow
individuals other than veterinarians to collect and analyze semen. The proposed legislation
provides that those individuals who conduct semen evaluations will be under the indirect
supervision of a veterinarian. The proposed legislation further clarifies that semen
evaluation does not replace a complete fertility examination or a breeding soundness
evaluation.
FISCAL IMPACT
No fiscal impact.
CONTACT
Name: Lloyd Knight
Idaho Cattle Association
343-1615
Stan Boyd
Idaho Cattle Association
Phone: 344-2271 Senator Monty Pearce
332-1338
S 1314