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H0491...............................................by AGRICULTURAL AFFAIRS
VETERINARY FACILITIES - Amends and adds to existing law to revise
definitions; and to provide requirements for emergency veterinary
facilities and on-call emergency services.
01/27 House intro - 1st rdg - to printing
01/30 Rpt prt - to Agric Aff
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson,
Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood,
Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher,
Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle,
Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
Roberts, Rusche, Rydalch, Sali(Sali), Sayler, Shepherd(2),
Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Trail, Wills, Wood
NAYS -- None
Absent and excused -- Schaefer, Mr. Speaker
Floor Sponsor - Shirley
Title apvd - to Senate
02/22 Senate intro - 1st rdg - to Agric Aff
03/10 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 30-1-4
AYES -- Andreason, Broadsword, Burtenshaw, Cameron, Coiner, Compton,
Corder, Darrington, Davis, Fulcher, Gannon, Goedde, Hill, Jorgenson,
Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee,
McKenzie, Pearce, Richardson, Schroeder, Stegner, Sweet, Werk,
Williams
NAYS -- Geddes
Absent and excused -- Brandt, Bunderson, Burkett, Stennett
Floor Sponsor - Burtenshaw
Title apvd - to House
03/15 To enrol
03/16 Rpt enrol - Sp signed
03/17 Pres signed - To Governor
03/22 Governor signed
Session Law Chapter 139
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 491
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO VETERINARIANS; AMENDING SECTION 54-2103, IDAHO CODE, TO REVISE
3 DEFINITIONS, TO DEFINE A TERM AND TO MAKE A TECHNICAL CORRECTION; AND
4 AMENDING CHAPTER 21, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
5 TION 54-2106, IDAHO CODE, TO PROVIDE REQUIREMENTS FOR EMERGENCY VETERINARY
6 FACILITIES AND ON-CALL EMERGENCY SERVICES.
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 facility" means a any facility in
51 which veterinary services are provided by either a "veterinarian on premises"
52 or "veterinarian on call." with the primary function of receiving, treating,
53 and monitoring emergency patients during its specified hours of operation or
54 that displays to the public any sign, card, or advertisement that indicates it
55 is an emergency veterinary clinic or hospital. An emergency veterinary facil-
3
1 ity may be an independent after-hours service, an independent twenty-four (24)
2 hour service, or it may be part of a full-service veterinary medical facility.
3 (18) "Euthanasia task force" means a task force established by the board
4 for the purposes of training, examining, certifying and inspecting certified
5 euthanasia agencies and certified euthanasia technicians.
6 (19) "Extra label use" means the actual or intended use of a human or vet-
7 erinary drug in an animal in a manner that is not in accordance with the
8 drug's labeling.
9 (20) "Floating" means shaping the posterior (cheek) teeth and the incisors
10 (cutting teeth) in horses, mules and donkeys through the use of hand floats,
11 rasps, burs, mechanical files or other file-like instruments to restore bal-
12 ance, allow more efficient mastication, and reduce pain and trauma to the
13 periodontal tissues.
14 (21) "Herd, litter or flock" of animals means animals managed as a group
15 for purposes including, but not limited to, breeding, sale, show or food pro-
16 duction.
17 (22) "Immediate supervision" means the supervisor is in the immediate
18 area, in audible and visual range of the animal patient and the person treat-
19 ing the patient and the animal has been examined by the supervising veterinar-
20 ian as acceptable veterinary medical practice requires.
21 (23) "In good standing" means that an applicant:
22 (a) Has not been the recipient of any administrative penalties regarding
23 his practice of veterinary medicine including, but not limited to, fines,
24 formal reprimands, license suspensions or revocations (except for license
25 revocations for nonpayment of license renewal fees) or probationary limi-
26 tations, or has not entered into any consent agreement or negotiated set-
27 tlement that contains conditions placed by a board on his professional
28 conduct and practice, including any voluntary surrender of a license; and
29 (b) Has never had his United States drug enforcement administration priv-
30 ileges restricted or revoked; and
31 (c) Is not currently under investigation by another veterinary licensing
32 authority for acts which would provide a basis for disciplinary action in
33 this state, as determined by the board; and
34 (d) Has no physical or mental impairment related to drugs, alcohol, or a
35 finding of mental incompetence by a physician that would limit the
36 applicant's ability to undertake the practice of veterinary medicine in a
37 manner consistent with the safety of a patient or the public; and
38 (e) Has not been convicted of a felony as defined in chapter 1, title 18,
39 Idaho Code; and
40 (f) Has no criminal conviction record or pending criminal charge relating
41 to an offense the circumstances of which substantially relate to the prac-
42 tice of veterinary medicine. Applicants who have criminal conviction
43 records or pending criminal charges shall require appropriate authorities
44 to provide information about the record or charge directly to the board in
45 sufficient detail to enable the board to make a determination whether the
46 record or charge is substantially related to the practice of veterinary
47 medicine.
48 (24) "Indirect supervision" means the supervisor is not on the premises
49 but is available for immediate contact by telephone, radio or other means, has
50 given either written or oral instructions for treatment of the animal patient,
51 the animal has been examined by the supervising veterinarian as acceptable
52 veterinary medical practice requires, and the animal, if previously
53 anesthetized, has recovered to the point of being conscious and sternal.
54 (25) "Legend/Prescription drug" means any drug which, under federal law,
55 regulation or rule, is required, prior to being distributed or delivered, to
4
1 be labeled with one (1) of the following statements: "Caution: Federal law
2 restricts this drug to be used by or on the order of a licensed veterinar-
3 ian," or "Caution: Federal law prohibits dispensing without a prescription,"
4 or "RX Only," or a drug which is required by any applicable state or federal
5 law, rule or regulation to be distributed or dispensed pursuant to a prescrip-
6 tion only, or is restricted to use by licensed practitioners only.
7 (26) "Licensed veterinarian" means a person who is validly and currently
8 licensed to practice veterinary medicine in this state.
9 (27) "Malpractice" means, but is not limited to:
10 (a) Treatment in a manner contrary to accepted veterinary practices and
11 with injurious results; or
12 (b) Any professional misconduct or unreasonable lack of professional
13 skill or fidelity in the performance of the professional practice of vet-
14 erinary medicine; or
15 (c) Failure to provide adequate supervision, except in an emergency situ-
16 ation; or
17 (d) Allowing an unqualified individual to perform a procedure that is
18 part of the practice of veterinary medicine; or
19 (e) The negligent practice of veterinary medicine, as determined by the
20 standard of practice for the area, that results in injury, unnecessary
21 suffering or death.
22 (28) "Medical incompetence" means lacking in sufficient medical knowledge
23 or skills or both to a degree likely to endanger the health of patients.
24 (29) "Mobile clinic" means a vehicle including, but not limited to, a cam-
25 per, motor home, trailer or mobile home, used as a veterinary medical facil-
26 ity. A mobile clinic is not required for house calls or farm calls.
27 (30) "On-call emergency service" means a veterinary medical facility that
28 is available to provide emergency veterinary services as requested if a veter-
29 inarian is available.
30 (31) "Owner/Ownership" means ownership as defined by the laws of property
31 and ownership, chapter 1, title 55, Idaho Code, and chapter 1, title 73,
32 Idaho Code.
33 (312) "Person" means any individual, firm, partnership, association, joint
34 venture, cooperative and corporation, or any other group or combination acting
35 in concert; and whether or not acting as principal, trustee, fiduciary,
36 receiver, or as any other kind of legal or personal representative, or as the
37 successor in interest, assignee, agent, factor, servant, employee, director,
38 officer, or any other representative of such person.
39 (323) "Physical or mental incompetence" means the veterinarian's ability
40 to practice veterinary medicine with reasonable skill and safety is impaired
41 by reason of illness, excessive use of alcohol, drugs, narcotics, chemicals or
42 any other substance, or as a result of any mental or physical disability.
43 (334) "Practice of veterinary medicine" in this state, through telephonic,
44 electronic or other means, regardless of the location of the veterinarian,
45 includes veterinary surgery, obstetrics, dentistry, and all other branches or
46 specialties of veterinary medicine and means:
47 (a) To directly or indirectly diagnose, treat, correct, change, relieve
48 or prevent animal disease, deformity, defect, injury or other physical or
49 mental conditions; including the prescription or administration of any
50 drug, medicine, biologic, apparatus application, anesthetic or other ther-
51 apeutic or diagnostic substance or technique, or the use of any obstetri-
52 cal procedure or any manual or mechanical procedure for artificial insemi-
53 nation, for testing or examining for pregnancy, fertility evaluation,
54 embryo transplant, grading of fresh semen, or to render advice or recom-
55 mendation with regard to any of the above.
5
1 (b) To represent, directly or indirectly, publicly or privately, an abil-
2 ity and willingness to do any act described in subsection (334)(a) of this
3 section.
4 (c) To use any title, words, abbreviations or letter in a manner or under
5 circumstances which induce the belief that the person using them is quali-
6 fied to do any act described in subsection (334)(a) of this section,
7 except where such person is a licensed veterinarian.
8 (345) "Professional supervision" means the supervisor is in daily contact
9 by telephone, radio or other means with the temporary licensee.
10 (356) "Referral" means the transfer of responsibility for diagnosis and
11 treatment from the referring veterinarian to the receiving veterinarian, or
12 from the referring veterinarian to the board-certified specialist, or from the
13 referring veterinarian to an allied health professional.
14 (367) "Regular employee" means a person who performs services for the
15 animal's owner other than, or in addition to, feeding, boarding, castrating
16 and dehorning, but does not include independent contractors or agents.
17 (378) "Supervision" means the action or process of directing activities or
18 a course of action, and pertains to any and all employees of the veterinarian.
19 (389) "Supervisor" means an actively licensed veterinarian employing and
20 utilizing the services of a temporary licensee, certified veterinary techni-
21 cian, veterinary technician, veterinary technician with a temporary certifica-
22 tion, veterinary assistant, certified euthanasia technician, or as provided by
23 rule. A supervisor shall be individually responsible and liable, regardless of
24 the supervision provided, for all damages arising out of his own acts or omis-
25 sions or for the performance of any acts and omissions pertaining to the prac-
26 tice of veterinary medicine that are delegated to the temporary licensee, cer-
27 tified veterinary technician, veterinary technician, veterinary assistant or
28 certified euthanasia technician. Nothing herein shall be construed to deprive
29 the board of its disciplinary authority with respect to the temporary licen-
30 sees, certified veterinary technicians, veterinary technicians, veterinary
31 assistants or certified euthanasia technicians.
32 (3940) "Unethical or unprofessional conduct" means to knowingly engage in
33 conduct of a character likely to deceive or defraud the public, false or mis-
34 leading advertising or solicitation, obtaining any fee or compensation by
35 fraud or misrepresentation, sharing office space and working in conjunction
36 with any person illegally practicing veterinary medicine, employing either
37 indirectly or directly an unlicensed or uncertified person to perform acts
38 pertaining to the practice of veterinary medicine, except as provided by law
39 or rule, or the violation of any law or rules adopted by the board pertaining
40 to unethical or unprofessional conduct, or that provide a code of professional
41 conduct to be followed and carried out by persons licensed or certified by the
42 board.
43 (401) "Unlicensed practice" means:
44 (a) The practice of veterinary medicine in this state, through tele-
45 phonic, electronic or other means, regardless of the location of the vet-
46 erinarian, without a valid, unexpired, unrevoked, and unsuspended active
47 license or certification in this state to do so, except as provided by law
48 or rule; or
49 (b) Representing one's self through offerings, advertisements or use of
50 professional titles or designations as being qualified to practice veteri-
51 nary medicine.
52 (412) "Veterinarian" means a person who has received a doctor's degree in
53 veterinary medicine from an accredited or approved school of veterinary medi-
54 cine or as otherwise provided by law or rule.
55 (42) "Veterinarian on premises" means a veterinarian is present at the
6
1 veterinary medical facility and is prepared and qualified to render veterinary
2 services.
3 (43) "Veterinarian on call" means a veterinarian is not present at the
4 veterinary medical facility, but is able to respond within a reasonable time
5 to requests for emergency veterinary services. and has been designated to so
6 respond.
7 (44) "Veterinarian on premises" means a veterinarian is present at the
8 veterinary medical facility and is prepared and qualified to render veterinary
9 services.
10 (445) "Veterinary medical facility" means any premises, office, unit,
11 structure, or mobile unit, used or controlled by a veterinarian or area uti-
12 lized for the practice of veterinary medicine and where any animal is
13 received or confined to be examined, diagnosed or treated medically,
14 surgically or prophylactically. This does not include other than the premises
15 of an owner when used for treatment of the owner's animal. on the owner's
16 premises.
17 (456) "Veterinary technician" means a person who has graduated from a vet-
18 erinary technology program accredited or approved by the council on education
19 of the American veterinary medical association, or other accrediting agency
20 approved by the board, or a person who has received equivalent training as set
21 forth in the rules of the board.
22 (467) "Veterinary technology" means the performance of services within the
23 practice of veterinary medicine by a person employed by a licensed veterinar-
24 ian to perform duties that require an understanding of veterinary medicine in
25 order to carry out the orders of the veterinarian. However, such services
26 shall Veterinary technology does not include prognosis, diagnosis, operative
27 dentistry, deliberate tooth extraction procedures or the prescribing of treat-
28 ment or performing surgery of any kind.
29 SECTION 2. That Chapter 21, Title 54, Idaho Code, be, and the same is
30 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
31 ignated as Section 54-2106, Idaho Code, and to read as follows:
32 54-2106. EMERGENCY VETERINARY FACILITIES -- ON-CALL EMERGENCY SERVICES --
33 REQUIREMENTS. The following requirements shall apply to:
34 (1) Emergency veterinary facilities:
35 (a) All advertisements for such facilities shall specify and clearly
36 state the hours of operation and the address and telephone number of the
37 facility; and
38 (b) At least one (1) veterinarian and a qualified staff member shall be
39 on the premises during all stated hours of operation. A sufficient quan-
40 tity of instrumentation, medications and supplies, and sufficient number
41 of additional veterinarian(s) and support staff, as required to provide an
42 appropriate level of emergency care, shall be on the premises during all
43 stated hours of operation.
44 (2) On-call emergency services:
45 (a) All advertisements for such services shall specify and clearly state
46 that the emergency services are provided on an on-call basis and that
47 there is no veterinarian on premises other than during regular hours of
48 operation; and
49 (b) Shall not be advertised as an emergency veterinary facility.
STATEMENT OF PURPOSE
RS 15426
The proposed legislation will revise the definition of
"emergency veterinary Hospital" under Idaho Code 54-2103(17) to
clarify the requirements for the staffing of emergency veterinary
hospitals to assure that qualified personnel, including a
licensed veterinarian, are on the hospital premises at all times.
FISCAL NOTE
There will be no fiscal impact from the passage of this
legislation.
CONTACT
Name: Karen Ewing
Agency: Veterinary Medicine, Board of
Phone: 332-8588
STATEMENT OF PURPOSE/FISCAL NOTE H 491