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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
]]]] 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
2 RELATING TO THE BOARD OF VETERINARY MEDICINE; AMENDING SECTION 54-2103, IDAHO
3 CODE, TO REVISE DEFINITIONS; AMENDING SECTION 54-2105, IDAHO CODE, TO
4 REVISE BOARD POWERS AND TO CLARIFY BOARD MEMBER QUALIFICATIONS; AMENDING
5 SECTION 54-2112, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO THE EXPI-
6 RATION, LAPSE AND RENEWAL OF LICENSES AND CERTIFICATIONS; AND AMENDING
7 SECTION 54-2115, IDAHO CODE, TO REVISE GROUNDS FOR DISCIPLINE.
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-
2
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
3
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
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 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.
5
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
6
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:
24 54-2105. BOARD OF VETERINARY MEDICINE -- COMPOSITION -- APPOINTMENT --
25 VACANCY -- QUALIFICATIONS -- COMPENSATION -- REMOVAL -- MEETINGS -- OFFICERS
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-
7
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,
8
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-
9
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:
33 54-2112. EXPIRATION OF LICENSE OR CERTIFICATION -- NOTICE -- RENEWAL --
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
10
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;
11
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-
12
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
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
legislation.
CONTACT
Name: Karen Ewing
Agency: Veterinary Medicine, Board of
Phone: (208) 332-8588
STATEMENT OF PURPOSE/FISCAL NOTE H 60