2007 Legislation
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HOUSE BILL NO. 60 – Veterinary Medicine Bd, powers


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Bill Status

H0060...............................................by AGRICULTURAL AFFAIRS
BOARD OF VETERINARY MEDICINE - Amends existing law relating to the Board of
Veterinary Medicine to revise definitions; to revise board powers; to
revise provisions applicable to the expiration, lapse and renewal of
licenses and certifications; and to revise grounds for discipline.
01/25    House intro - 1st rdg - to printing
01/26    Rpt prt - to Agric Aff
02/09    Rpt out - rec d/p - to 2nd rdg
02/12    2nd rdg - to 3rd rdg
02/15    3rd rdg - PASSED - 65-0-5
      AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
      Bock, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Collins,
      Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8),
      Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
      Trail, Vander Woude, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Boe, Clark, Nielsen, Wills
    Floor Sponsor - Pence
    Title apvd - to Senate
02/16    Senate intro - 1st rdg - to Agric Aff
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/05    3rd rdg
03/06    PASSED - 34-1-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
      Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- Burkett
      Absent and excused -- None
    Floor Sponsor - Siddoway
    Title apvd - to House
03/07    To enrol
03/08    Rpt enrol - Sp signed
03/09    Pres signed - To Governor
03/12    Governor signed
         Session Law Chapter 54
         Effective: 07/01/07

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 60
                             BY AGRICULTURAL AFFAIRS COMMITTEE
  1                                        AN ACT
  8    Be It Enacted by the Legislature of the State of Idaho:
  9        SECTION  1.  That  Section 54-2103, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
 11        54-2103.  DEFINITIONS. As used in this chapter:
 12        (1)  "Accredited continuing  education  activity"  means  a  provider  and
 13    course,  seminar,  scientific  program  or  any other activity approved by the
 14    board or its designees for continuing education credit.
 15        (2)  "Accredited or approved school of veterinary medicine" means any vet-
 16    erinary college or division of a university or college inside or  outside  the
 17    United  States  or Canada that offers the degree of doctor of veterinary medi-
 18    cine, veterinary medicine doctor, or  its  equivalent  and  is  accredited  or
 19    approved  by the council on education of the American veterinary medical asso-
 20    ciation or other accrediting agency or association approved by the board.
 21        (3)  "Allied health professional" means a person holding a current  active
 22    license,  in  good  standing,  in any state to practice one (1) of the healing
 23    arts including, but not limited to medicine, dentistry, osteopathy, chiroprac-
 24    tic, acupuncture and podiatry.
 25        (4)  "Anesthetized" means any condition of general anesthesia,  caused  by
 26    the administration of a drug or combination of drugs in sufficient quantity to
 27    produce a state of unconsciousness or disassociation and blocked response to a
 28    given pain or alarm stimulus. At a minimum, each anesthetized patient shall be
 29    monitored  and  under continuous observation until the patient is awake and in
 30    sternal recumbency.
 31        (5)  "Animal" means any animal other than man and  includes  fowl,  birds,
 32    fish and reptiles, wild or domestic, living or dead.
 33        (6)  "Assistant"  means  any  individual  who  is  employed by an actively
 34    licensed veterinarian to perform acts pertaining to the practice of veterinary
 35    medicine and receives compensation for such acts from the employing veterinar-
 36    ian but is not a certified veterinary technician or licensed veterinarian.
 37        (7)  "Board" means the state board of veterinary medicine.
 38        (8)  "Certified euthanasia  agency"  or  "CEA"  means  a  law  enforcement
 39    agency, an animal control agency or a society for the prevention of cruelty to
 40    animals,  which  has been inspected and certified by the euthanasia task force
 41    or the board.
 42        (9)  "Certified euthanasia technician" or "CET" means:
 43        (a)  A person employed by a certified euthanasia agency, or a law enforce-
  1        ment employee working under the indirect supervision of a licensed veteri-
  2        narian, but not to include an individual employed as a technician by  ani-
  3        mal  research  laboratories,  who  is  instructed  and  certified  by  the
  4        euthanasia task force or the board as defined in the rules of the board.
  5        (b)  Any  person  who is trained prior to December 31, 1992, in euthanasia
  6        methods, in a course approved by the board, may be certified upon  presen-
  7        tation  of  evidence  of such training to either the euthanasia task force
  8        or the board.
  9        (10) "Certified veterinary technician" means a person  who  has  fulfilled
 10    the certification requirements prescribed by board rule and has been certified
 11    by the board to practice veterinary technology in this state.
 12        (11) "Consultation"  means  a deliberation between two (2) or more veteri-
 13    narians concerning the diagnosis of a disease or the proper management of  the
 14    case.
 15        (12) "Credit hour" means fifty (50) minutes of participation in an accred-
 16    ited continuing education activity.
 17        (13) "Dentistry"  is  the  practice  of  veterinary medicine and means the
 18    application or use of any instrument or device to any portion of  an  animal's
 19    tooth,  gum  or  any  related tissue for the prevention, cure or relief of any
 20    wound, fracture, injury, disease or other condition of an animal's tooth,  gum
 21    or related tissue. Dentistry includes, but is not limited to:
 22        (a)  "Preventive  dental  procedures"  including,  but not limited to, the
 23        removal of calculus, soft deposits, plaque, stains, and floating to  shape
 24        the  teeth  above  the  gum  line or the smoothing, filing or polishing of
 25        tooth surfaces above the gum line; and
 26        (b)  "Operative dentistry/oral surgery" or any other dental procedure that
 27        invades the hard or soft oral tissue including a procedure that alters the
 28        structure of one (1) or more teeth, or repairs damaged and diseased teeth,
 29        or the deliberate extraction of one (1) or more teeth.
 30        (14) "Direct supervision" means the supervisor is on  the  premises  where
 31    the  animal  is  being treated, is quickly and easily available and the animal
 32    has been examined by the supervising  veterinarian  as  acceptable  veterinary
 33    medical practice requires.
 34        (15) "Discipline" means board action including, but not limited to:
 35        (a)  Refusing to issue, renew or reinstate a license, permit or certifica-
 36        tion  to practice as a licensed veterinarian, a certified veterinary tech-
 37        nician, a certified euthanasia agency or a  certified  euthanasia  techni-
 38        cian;
 39        (b)  Denial, revocation, suspension, sanction, probation or voluntary sur-
 40        render  of  a  license,  permit or certification to practice as a licensed
 41        veterinarian, a certified veterinary technician,  a  certified  euthanasia
 42        agency or a certified euthanasia technician;
 43        (c)  The  ability  to enter into consent agreements and negotiated settle-
 44        ments with licensed veterinarians, certified veterinary technicians,  cer-
 45        tified euthanasia agencies and certified euthanasia technicians;
 46        (d)  The  ability  to  bring an administrative or civil action against any
 47        person in or outside of this state who practices veterinary medicine, vet-
 48        erinary technology or who performs euthanasia within this state.
 49        (16) "Emergency" means  that  the  animal  has  been  placed  in  a  life-
 50    threatening condition where immediate treatment is necessary to sustain life.
 51        (17) "Emergency  veterinary  facility" means any facility with the primary
 52    function of receiving, treating, and monitoring emergency patients during  its
 53    specified hours of operation or that displays to the public any sign, card, or
 54    advertisement that indicates it is an emergency veterinary clinic or hospital.
 55    An emergency veterinary facility may be an independent after-hours service, an
  1    independent twenty-four (24) hour service, or it may be part of a full-service
  2    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 veterinarian,"
  3    or "Caution: Federal law prohibits dispensing without a prescription," or  "RX
  4    Only,"  or  a  drug  which is required by any applicable state or federal law,
  5    rule or regulation to be distributed or dispensed pursuant to  a  prescription
  6    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        (32) "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        (33) "Physical or mental incompetence" means the veterinarian's ability to
 40    practice  veterinary  medicine with reasonable skill and safety is impaired by
 41    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        (34) "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 (34)(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 (34)(a) of this section, except
  7        where such person is a licensed veterinarian.
  8        (35) "Professional  supervision"  means the supervisor is in daily contact
  9    by telephone, radio or other means with the temporary licensee.
 10        (36) "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        (37) "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        (38) "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        (39) "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        (40) "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        (41) "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        (42) "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        (43) "Veterinarian  on  call"  means  a veterinarian is not present at the
  1    veterinary medical facility, but is able to respond within a  reasonable  time
  2    to requests for emergency veterinary services.
  3        (44) "Veterinarian  on  premises"  means  a veterinarian is present at the
  4    veterinary medical facility and is prepared and qualified to render veterinary
  5    services.
  6        (45) "Veterinary medical  facility"  means  any  premises,  office,  unit,
  7    structure,  mobile unit, or area utilized for the practice of veterinary medi-
  8    cine other than the premises of an  owner  when  used  for  treatment  of  the
  9    owner's animal.
 10        (46) "Veterinary  technician" means a person who has graduated from a vet-
 11    erinary technology program accredited or approved by the council on  education
 12    of  the  American  veterinary medical association, or other accrediting agency
 13    approved by the board, or a person who has received equivalent training as set
 14    forth in the rules of the board.
 15        (47) "Veterinary technology" means the performance of services within  the
 16    practice  of veterinary medicine by a person employed by a licensed veterinar-
 17    ian to perform duties that require an understanding of veterinary medicine  in
 18    order  to carry out the orders of the veterinarian. Veterinary technology does
 19    not  include  prognosis,  diagnosis,  operative  dentistry,  deliberate  tooth
 20    extraction procedures or the prescribing of treatment or performing surgery of
 21    any kind.
 22        SECTION 2.  That Section 54-2105, Idaho Code, be, and the same  is  hereby
 23    amended to read as follows:
 26    -- REVENUES -- POWERS. (1) A board of veterinary medicine, which shall consist
 27    of  six  (6) members to be appointed by the governor, is hereby created in the
 28    department of self-governing agencies. Five (5) members shall be veterinarians
 29    and one (1) member shall be a public member. Each of the five  (5)  veterinary
 30    members  shall serve a term of four (4) years as a veterinary board member and
 31    a fifth year as a liaison officer, or until his successor is appointed, except
 32    that the terms of the first appointees may be for shorter  periods  to  permit
 33    staggering  of terms whereby one (1) term expires each year. The public member
 34    shall serve for a term of three (3) years or until his successor is appointed.
 35        Whenever the occasion arises for an appointment  of  a  veterinary  member
 36    under this section, the state veterinary medical association or one (1) of the
 37    regional veterinary medical associations may nominate three (3) or more quali-
 38    fied  persons and forward the nominations to the governor at least thirty (30)
 39    days before the date set for the appointment. The governor shall  appoint  one
 40    (1)  of  the  persons  so  nominated.  Vacancies  due to death, resignation or
 41    removal shall be filled for the remainder of the unexpired term  in  the  same
 42    manner  as  regular  appointments.  No  person shall serve two (2) consecutive
 43    terms, except in the case of a person appointed for less  than  a  full  term.
 44    Each  of the five (5) veterinarians shall be qualified to serve as a member of
 45    the board if a graduate of an accredited or approved school of veterinary med-
 46    icine or, if a graduate of a nonaccredited or  nonapproved  school,  a  letter
 47    from  the educational commission for foreign veterinary graduates (ECFVG) cer-
 48    tifying completion of the ECFVG program or a copy of their ECFVG  certificate,
 49    or  verification  of successful completion of any educational equivalency pro-
 50    gram established for the purpose of  evaluating  an  individual's  educational
 51    knowledge  and  clinical  skills  as they relate to the practice of veterinary
 52    medicine, as approved and outlined by the rules of the board. In  addition  to
 53    verification  of graduation from an accredited or nonaccredited school of vet-
  1    erinary medicine, is each of the five (5) veterinary members shall be a  resi-
  2    dent of this state, and has have been licensed to practice veterinary medicine
  3    in  this  state  for  the  five  (5)  years  immediately preceding the time of
  4    appointment. The public member shall be at least twenty-one (21) years of  age
  5    and a resident of this state for five (5) years immediately preceding appoint-
  6    ment.  No  person  may  serve  on the board who is, or was, during the two (2)
  7    years preceding appointment, a member  of  the  faculty  or  trustees   of  an
  8    accredited school of veterinary medicine.
  9        (2)  Each member of the board and certified euthanasia task force shall be
 10    compensated as provided by section 59-509(n), Idaho Code.
 11        (3)  Any member of the board may be removed by the governor at his discre-
 12    tion.
 13        (4)  The  board  shall  meet at least once each year at the time and place
 14    fixed by rule of the board. Other necessary meetings  may  be  called  by  the
 15    president of the board by giving notice as may be required by state statute or
 16    rule. Except as may otherwise be provided, a majority of the board constitutes
 17    a  quorum. Meetings shall be open and public except that the board may meet in
 18    closed session to prepare,  approve,  administer  or  grade  examinations;  to
 19    deliberate  the qualifications of an applicant for a license or certification;
 20    to conduct deliberations in disciplinary proceedings; to consider investigato-
 21    ry matters; or as otherwise allowed by law.
 22        (5)  The board member serving the fourth year of appointment shall be  the
 23    president of the board and shall serve as chairman at the board meetings.
 24        (6)  The  veterinary  board  member  serving the fifth year of appointment
 25    shall be the liaison officer of the board and shall render advice, review  and
 26    mediate complaints, and perform other tasks assigned by the board.
 27        (7)  All  revenues  received under this chapter shall be paid to the state
 28    board of veterinary medicine account created in section 54-2121,  Idaho  Code,
 29    and  shall be subject to and administered in accordance with the provisions of
 30    this chapter.
 31        (8)  The responsibility for enforcement of the provisions of this  chapter
 32    is  hereby vested in the board. The board shall have all of the duties, powers
 33    and authority specifically granted by or necessary for the enforcement of this
 34    chapter and the rules made pursuant thereto, as well  as  such  other  duties,
 35    powers and authority as it may be granted from time to time by applicable law.
 36    The powers vested in the board shall include, but are not limited to:
 37        (a)  Establish  qualifications  and  prescribe  the application format for
 38        issuance or renewal of a license to practice as a veterinarian and  certi-
 39        fication  to  practice  as  a  veterinary technician, euthanasia agency or
 40        euthanasia technician, review each application  for  compliance  with  the
 41        licensure  and  certification  requirements, issue, renew or deny licenses
 42        and certifications. Upon a showing of good cause by a licensee or certifi-
 43        cate holder to the board, the board may grant an  extension  of  time  for
 44        submission of the required application or renewal documentation, including
 45        the  required  number  of continuing education hours, as set forth by this
 46        chapter or the rules of the board.
 47        (b)  Examine and determine the qualifications and  fitness  of  applicants
 48        for  a  license to practice veterinary medicine, or certification to prac-
 49        tice veterinary technology or as a euthanasia technician or operate  as  a
 50        certified euthanasia agency in the state.
 51        (c)  Issue,   renew,   reinstate,   deny,  suspend,  sanction,  reprimand,
 52        restrict, limit, place on probation, require voluntary  surrender  of,  or
 53        revoke  any  licenses,   certifications or temporary permits or certifica-
 54        tions to practice veterinary medicine, veterinary technology or  euthanize
 55        animals  in  the state, and may fine and impose other forms of discipline,
  1        and enter into consent agreements and negotiated settlements with licensed
  2        veterinarians,  certified  veterinary  technicians,  certified  euthanasia
  3        technicians and certified euthanasia agencies consistent with  the  provi-
  4        sions of this chapter and the rules adopted hereunder.
  5        (d)  Establish  a schedule of fees for licensing, certifying and register-
  6        ing  veterinarians,  veterinary  technicians,  euthanasia   agencies   and
  7        euthanasia  technicians,  as well as for the review, approval and adminis-
  8        tration of national licensing and certification examinations.
  9        (e)  In addition to the fees specifically provided for herein,  the  board
 10        may  assess  additional reasonable fees for services rendered to carry out
 11        its duties and responsibilities as required or authorized by this  chapter
 12        or  rules adopted hereunder. Such services rendered shall include, but not
 13        be limited to, the following:
 14             (i)   Issuance of duplicate licenses or certificates;
 15             (ii)  Mailing lists or reports of data maintained by the board;
 16             (iii) Copies of any documents;
 17             (iv)  Verification of license or certification status;
 18             (v)   Examination review, approval and administration; and
 19             (vi)  Examination materials.
 20        (f)  Review and approve applications from candidates requesting authoriza-
 21        tion to take the national licensing examinations  in  veterinary  medicine
 22        and  the  veterinary technician national examination and administer either
 23        or both national examinations.
 24        (g)  Upon its own motion or upon any complaint, to  initiate  and  conduct
 25        investigations on all matters relating to the practice of veterinary medi-
 26        cine or veterinary technology or the euthanizing of animals. and to initi-
 27        ate  Complaints  not  filed within one (1) year after the alleged unlawful
 28        conduct occurs will not be investigated. If the alleged  unlawful  conduct
 29        is  of  a  continuing  nature,  the date of the occurrence of such conduct
 30        shall be deemed to be any date  subsequent  to  the  commencement  of  the
 31        unlawful  conduct  up  to and including the date on which the complaint is
 32        filed so long as the alleged unlawful conduct continues.
 33        (h)  Initiate and conduct disciplinary hearings or proceedings on its  own
 34        or through its designated hearing officer, provided such hearings and pro-
 35        ceedings  shall  be held in conformance with the provisions of chapter 52,
 36        title 67, Idaho Code.
 37        (h)  Hold hearings on all matters properly brought before the  board,  and
 38        in  connection  thereto,  to  administer oaths, receive evidence, make the
 39        necessary determinations, and enter orders consistent with  the  findings.
 40        The  board  may  require the attendance and testimony of witnesses and the
 41        production of papers, records, or other documentary evidence and may  com-
 42        mission  depositions.  The board may designate one (1) or more of its mem-
 43        bers or a person appointed by the state board of  veterinary  medicine  to
 44        serve as its hearing officer.
 45        (i)  Employ  full-time  or  part-time personnel, professional, clerical or
 46        special, necessary to effectuate the provisions of this  chapter  and  the
 47        rules  of the board and purchase or rent necessary office space, equipment
 48        and supplies.
 49        (j)  Appoint from its own membership one (1) or more  members  to  act  as
 50        representatives  of  the  board at any meeting within or outside the state
 51        where such representation is deemed desirable.
 52        (k)  Bring proceedings in the courts for the enforcement of  this  chapter
 53        or any rules made pursuant thereto.
 54        (l)    For  purposes  of enforcement of the provisions of this chapter and
 55        any rules duly promulgated hereunder, including the levying of civil  pen-
  1        alties,  assessment  and  collection  of  fines, and recovery of costs and
  2        paralegal, hearing officer and attorney's  fees incurred by the  board  in
  3        investigation  and  prosecution  of  complaints,  the board shall maintain
  4        jurisdiction over individuals, irrespective of their license or certifica-
  5        tion status (i.e.,  active,  inactive,  expired,  lapsed,  surrendered  or
  6        disciplined)  relative  to  acts, omissions, complaints and investigations
  7        which occurred during the licensure or certification period.  Jurisdiction
  8        of  the board shall also extend to all individuals engaged in the practice
  9        of veterinary medicine, veterinary technology or practicing as a certified
 10        euthanasia agency or certified euthanasia  technician  in  this  state  as
 11        defined  in  section 54-2103, Idaho Code. It is the intent of this subsec-
 12        tion that the board's jurisdiction should extend to all licensed or  unli-
 13        censed or certified or uncertified individuals and that licensees and cer-
 14        tification  holders  cannot  divest the board of jurisdiction by changing,
 15        surrendering or relinquishing licensure or certification status.
 16        (m)  Establish a certified euthanasia  task  force  for  the  purposes  of
 17        training,  examining,  licensing  and  certifying  euthanasia agencies and
 18        euthanasia technicians and assess application, training workshop and  cer-
 19        tification fees. The fees so assessed are continuously appropriated to the
 20        board to support the activities of the task force.
 21        (n)  Adopt,  amend or repeal all sections of this chapter and rules neces-
 22        sary for its government and all rules necessary to carry into  effect  the
 23        provisions  of this chapter pursuant to the Idaho administrative procedure
 24        act, chapter 52, title 67, Idaho Code,  including  the  establishment  and
 25        publication  of standards of professional conduct for the practice of vet-
 26        erinary medicine.
 27        (o)  Conduct probationary or other practice and facility inspections  nec-
 28        essary for enforcement of this chapter or the rules duly promulgated here-
 29        under or any order, negotiated settlement or probationary agreement of the
 30        board and issue administrative citations to alleged violators.
 31        SECTION  3.  That  Section 54-2112, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
 34    INACTIVE  STATUS. (1) All licenses and certifications shall expire annually on
 35    July 1 of each year, but may be unless renewed in a timely manner  by  submis-
 36    sion  of  the annual renewal form prescribed by the board, proof of completion
 37    of the appropriate hours of continuing education, by  meeting  other  require-
 38    ments  as defined in the rules adopted by the board and payment of the renewal
 39    fee established and published by the board. Between July 1 and August 1, an
 40        (2)  An expired license or certification may be reinstated by  paying  the
 41    established late fee and renewal fee, and by fulfilling the other requirements
 42    of this section.
 43        (3)  An  expired  license  or  certification  must  be reinstated prior to
 44    August 1 of the year  in  which  the  license  or  certification  was  issued.
 45    Licenses and certifications not reinstated prior to August 1 will lapse. Indi-
 46    viduals  whose licenses or certifications have lapsed must make application to
 47    the board as if for a new license or certification.
 48        (4)  Once a license or certification has expired or lapsed, the person  or
 49    agency  may not practice veterinary medicine or veterinary technology or func-
 50    tion as a certified euthanasia technician or agency until the license or  cer-
 51    tification  has  been reinstated or until the person or agency has applied for
 52    and received a new license or certification.
 53        On or about May 1 of each year, the board shall  mail  a  notice  to  each
  1    licensed  veterinarian,  certified veterinary technician, certified euthanasia
  2    agency and certified euthanasia technican informing them that their license or
  3    certification will expire on July  1,  and  shall  also  provide  a  form  for
  4    renewal. The board shall issue a new license or certification to all qualified
  5    persons registering under this chapter.
  6        (5)  Any veterinarian licensed in Idaho who advises the board, in writing,
  7    that he wishes to remain licensed in this state, but does not intend to activ-
  8    ely  practice veterinary medicine in the state of Idaho and therefore does not
  9    intend to meet the licensing requirements for an active license for  the  cur-
 10    rent  licensing  year, shall be transferred from active to inactive status and
 11    shall be required to pay inactive status fees as prescribed in  the  rules  of
 12    the  board.  Any  person may transfer from inactive to active status by making
 13    written application for reinstatement to active status,  paying  all  required
 14    fees  and  by  meeting  other requirements for reinstatement as defined in the
 15    rules of the board.
 16        Any person or agency practicing veterinary medicine or veterinary technol-
 17    ogy or functioning as a certified euthanasia technician or agency,  without  a
 18    current license or certification, or after the expiration of a license or cer-
 19    tification,  or  during  inactive  status, shall be practicing in violation of
 20    this chapter. A license or certification that is allowed to expire may not  be
 21    renewed  or reinstated after August 1, but the holder may make application for
 22    a new license or certification.
 23        The board may by rule waive the payment of the annual  renewal  fee  of  a
 24    licensed  veterinarian  during  the period when the licensee is on active duty
 25    with the armed services of the United States, not  to  exceed  the  longer  of
 26    three (3) years or the duration of a national emergency.
 27        SECTION  4.  That  Section 54-2115, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
 29        54-2115.  GROUNDS FOR DISCIPLINE. The board may refuse to issue, renew  or
 30    reinstate  the  license of a veterinarian, or may deny, revoke, suspend, sanc-
 31    tion, reprimand, restrict, limit, place on probation or require voluntary sur-
 32    render of, the license of a veterinarian, and may fine and impose other  forms
 33    of  discipline  and  enter  into consent agreements and negotiated settlements
 34    with any licensed veterinarian pursuant to the procedures set forth in chapter
 35    52, title 67, Idaho Code, for any or all of the following reasons:
 36        (1)  The employment of fraud, misrepresentation  of  a  material  fact  or
 37    deception by an applicant or licensee in:
 38        (a)  Securing  or  attempting  to  secure  the  issuance  or  renewal of a
 39        license; or
 40        (b)  Statements regarding the veterinarian's skills or efficacy  or  value
 41        of  any  treatment  provided or to be provided or using any false, fraudu-
 42        lent, misleading or deceptive statement connected  with  the  practice  of
 43        veterinary  medicine  including,  but  not limited to, false or misleading
 44        advertising.
 45        (2)  Unethical or unprofessional conduct, as defined by  section  54-2103,
 46    Idaho  Code,  the  rules  of  the  board, and the code of professional conduct
 47    established by the rules of the board.
 48        (3)  Being found guilty, convicted, placed on probation, having entered  a
 49    guilty plea that is accepted by the court, forfeiture of bail, bond or collat-
 50    eral  deposited to secure a defendant's appearance, or having received a with-
 51    held judgment or suspended sentence by a court of  competent  jurisdiction  in
 52    this state or any other state of one (1) or more of the following:
 53        (a)  Any felony as defined in chapter 1, title 18, Idaho Code;
  1        (b)  Any other criminal act which in any way is related to the practice of
  2        veterinary medicine as defined by section 54-2103, Idaho Code; or
  3        (c)  Any  violation  of  any  federal or state statute, rule or regulation
  4        regulating narcotics, dangerous drugs or controlled substances.
  5        (4)  Medical incompetence in  the  practice  of  veterinary  medicine,  as
  6    defined by section 54-2103, Idaho Code.
  7        (5)  Physical  or mental incompetence, in the practice of veterinary medi-
  8    cine, as defined in section 54-2103, Idaho Code.
  9        (6)  Malpractice or negligence, in the practice of veterinary medicine, as
 10    defined in section 54-2103, Idaho Code.
 11        (7)  Aiding or abetting an unlicensed or uncertified  person  to  practice
 12    veterinary  medicine  or  veterinary  technology  or employing or holding such
 13    unlicensed person out as being able to practice veterinary medicine or veteri-
 14    nary technology.
 15        (8)  Fraud, dishonesty, failure to report,  or  gross  negligence  in  the
 16    inspection  of  animals  and  animal  products intended for human consumption,
 17    issuance of health or inspection certificates, in  the  application,  vaccina-
 18    tion,  treatment  or  reporting  of  any  test  for disease in animals, and in
 19    reporting any contagious or infectious disease.
 20        (9)  Failure to comply with  the  veterinary  standards  of  practice,  as
 21    established by board rule.
 22        (10) Failure to comply with the recordkeeping requirements, as established
 23    by the rules of the board.
 24        (11) Cruelty to animals including, but not limited to, the intentional and
 25    malicious infliction of pain, physical suffering, injury or death, performance
 26    of  experimental treatments without the owner's consent, deprivation of neces-
 27    sary sustenance, withholding of appropriate pain medications or levels of pain
 28    medications, or the administration of unnecessary procedures and treatment.
 29        (12) Infliction of pain on any animal in self-defense, or to prevent phys-
 30    ical harm to others, or in accordance with local custom and culture in moving,
 31    handling, treating, dehorning, castrating or performing  other  procedures  on
 32    livestock,  shall not be considered cruel or physically abusive unless done in
 33    an unnecessary or intentionally malicious  manner.  This  provision  does  not
 34    alter section 25-3514, Idaho Code.
 35        (13) Revocation,  suspension, disciplinary sanction, other adverse action,
 36    or failure to report any such adverse action to the board, including voluntary
 37    surrender of a license or certificate by virtue of which one  is  licensed  to
 38    practice  veterinary medicine in that jurisdiction or country on grounds other
 39    than nonpayment of renewal fees.
 40        (14) Falsifying or failing to fulfill the  continuing  education  require-
 41    ments, as established by the rules of the board.
 42        (15) The use, prescription or sale of any controlled substance, veterinary
 43    legend/prescription  drug  or prescription of an extra-label use for any human
 44    or veterinary drug without a valid veterinarian/client/patient relationship.
 45        (16) Overtreating, unless the services were  contracted  for  in  advance,
 46    cCharging  for  services  which  were not rendered, charging for services that
 47    were not documented in the patient's records, or charging  for  services  that
 48    were not consented to by the owner of the patient or the owner's agent.
 49        (17) Failure  to  timely  furnish details of a patient's medical record to
 50    another veterinarian, hospital, clinic, owner or owner's agent.
 51        (18) Failure of any applicant or licensee to cooperate with the board dur-
 52    ing any investigation, even if such investigation does not personally  concern
 53    the applicant or licensee.
 54        (19) Failure  to comply with the terms of any order, negotiated settlement
 55    or probationary agreement of the board or to pay the costs assessed in a  dis-
  1    ciplinary matter pursuant to section 54-2105, Idaho Code.
  2        (20) Failure  to  comply  with  the  terms  for  renewal  or to timely pay
  3    license, certification or registration renewal fees, as specified  by  section
  4    54-2112, Idaho Code, and the rules of the board.
  5        (21) Failure of a licensed veterinarian to exercise proper supervision, as
  6    defined  by  the  rules of the board, when supervising a temporary licensee or
  7    holder of a temporary certification, a certified veterinary technician, a vet-
  8    erinary technician, a veterinary assistant, a certified euthanasia  technician
  9    or  other  employee,  except  in  an emergency situation as defined in section
 10    54-2103, Idaho Code.
 11        (22) Delegation of an act pertaining to the practice of  veterinary  medi-
 12    cine  or  veterinary  technology to an unqualified employee, regardless of the
 13    supervision provided.
 14        (23) Aiding or abetting or violating any of the provisions of this chapter
 15    or any lawful rule or order of the board.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE

                            RS 16497

The proposed legislation will revise the definition of certified 
euthanasia technicians to include law enforcement agency 
employees; clarify the type of charges for services that are 
prohibited; and establish a time limitation for the filing of 
complaints against licensees.

                           FISCAL NOTE

There will be no fiscal impact from the passage of this 

Name:	Karen Ewing
Agency:	Veterinary Medicine, Board of
Phone:	(208) 332-8588

STATEMENT OF PURPOSE/FISCAL NOTE                            H 60