2006 Legislation
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HOUSE BILL NO. 491 – Veterinary facility, emergency serv


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Bill Status

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,
      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

Bill Text

  ]]]]              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
  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
  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-
  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
  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.
  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
  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:
 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 / Fiscal Impact

                      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

Name:     Karen Ewing
Agency:   Veterinary Medicine, Board of
Phone:    332-8588

STATEMENT OF PURPOSE/FISCAL NOTE                              H 491