2008 Legislation
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HOUSE BILL NO. 415<br /> – Veterinary Medicine Bd, director


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Bill Status

H0415.......................................by COMMERCE AND HUMAN RESOURCES
VETERINARY MEDICINE BOARD - Amends existing law to authorize the Board of
Veterinary Medicine to employ an executive director, to employ or contract
with other individuals, and to determine compensation.

01/24    House intro - 1st rdg - to printing
01/25    Rpt prt - to Agric Aff
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
02/25    3rd rdg - PASSED - 66-1-3
      AYES -- Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe,
      Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest,
      Henderson, Jaquet, Killen, King, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
      Roberts, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
      Shirley, Shively, Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson,
      Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      NAYS -- Barrett
      Absent and excused -- Anderson, Kren, Ruchti
    Floor Sponsor - Andrus
    Title apvd - to Senate
02/26    Senate intro - 1st rdg - to Agric Aff
03/12    Rpt out - rec d/p - to 2nd rdg
03/13    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bair, Bastian, Broadsword, Burkett, Cameron,
      Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Bilyeu, Jorgenson
    Floor Sponsor - Siddoway
    Title apvd - to House
03/17    To enrol - Rpt enrol - Sp signed
03/18    Pres signed - To Governor
03/19    Governor signed
         Session Law Chapter 204
         Effective: 07/01/08

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 415


  1                                        AN ACT

  7    Be It Enacted by the Legislature of the State of Idaho:

  8        SECTION  1.  That  Section 54-2105, Idaho Code, be, and the same is hereby
  9    amended to read as follows:

 12    -- REVENUES -- POWERS. (1) A board of veterinary medicine, which shall consist
 13    of six (6) members to be appointed by the governor, is hereby created  in  the
 14    department of self-governing agencies. Five (5) members shall be veterinarians
 15    and  one  (1) member shall be a public member. Each of the five (5) veterinary
 16    members shall serve a term of four (4) years as a veterinary board member  and
 17    a fifth year as a liaison officer, or until his successor is appointed, except
 18    that  the  terms  of the first appointees may be for shorter periods to permit
 19    staggering of terms whereby one (1) term expires each year. The public  member
 20    shall serve for a term of three (3) years or until his successor is appointed.
 21        Whenever  the  occasion  arises  for an appointment of a veterinary member
 22    under this section, the state veterinary medical association or one (1) of the
 23    regional veterinary medical associations may nominate three (3) or more quali-
 24    fied persons and forward the nominations to the governor at least thirty  (30)
 25    days  before  the date set for the appointment. The governor shall appoint one
 26    (1) of the persons so  nominated.  Vacancies  due  to  death,  resignation  or
 27    removal  shall  be  filled for the remainder of the unexpired term in the same
 28    manner as regular appointments. No person  shall  serve  two  (2)  consecutive
 29    terms,  except  in  the  case of a person appointed for less than a full term.
 30    Each of the five (5) veterinarians shall be qualified to serve as a member  of
 31    the board if a graduate of an accredited or approved school of veterinary med-
 32    icine  or,  if  a  graduate of a nonaccredited or nonapproved school, a letter
 33    from the educational commission for foreign veterinary graduates (ECFVG)  cer-
 34    tifying  completion of the ECFVG program or a copy of their ECFVG certificate,
 35    or verification of successful completion of any educational  equivalency  pro-
 36    gram  established  for  the  purpose of evaluating an individual's educational
 37    knowledge and clinical skills as they relate to  the  practice  of  veterinary
 38    medicine,  as  approved and outlined by the rules of the board. In addition to
 39    verification of graduation from an accredited or nonaccredited school of  vet-
 40    erinary  medicine, each of the five (5) veterinary members shall be a resident
 41    of this state, and have been licensed to practice veterinary medicine in  this
 42    state  for  the  five (5) years immediately preceding the time of appointment.
 43    The public member shall be at least twenty-one (21) years of age and  a  resi-


  1    dent  of  this  state for five (5) years immediately preceding appointment. No
  2    person may serve on the board who is, or was, during the two (2) years preced-
  3    ing appointment, a member of the faculty or trustees  of an accredited  school
  4    of veterinary medicine.
  5        (2)  Each member of the board and certified euthanasia task force shall be
  6    compensated as provided by section 59-509(n), Idaho Code.
  7        (3)  Any member of the board may be removed by the governor at his discre-
  8    tion.
  9        (4)  The  board  shall  meet at least once each year at the time and place
 10    fixed by rule of the board. Other necessary meetings  may  be  called  by  the
 11    president of the board by giving notice as may be required by state statute or
 12    rule. Except as may otherwise be provided, a majority of the board constitutes
 13    a  quorum. Meetings shall be open and public except that the board may meet in
 14    closed session to prepare,  approve,  administer  or  grade  examinations;  to
 15    deliberate  the qualifications of an applicant for a license or certification;
 16    to conduct deliberations in disciplinary proceedings; to consider investigato-
 17    ry matters; or as otherwise allowed by law.
 18        (5)  The board member serving the fourth year of appointment shall be  the
 19    president of the board and shall serve as chairman at the board meetings.
 20        (6)  The  veterinary  board  member  serving the fifth year of appointment
 21    shall be the liaison officer of the board and shall render advice, review  and
 22    mediate complaints, and perform other tasks assigned by the board.
 23        (7)  All  revenues  received under this chapter shall be paid to the state
 24    board of veterinary medicine account created in section 54-2121,  Idaho  Code,
 25    and  shall be subject to and administered in accordance with the provisions of
 26    this chapter.
 27        (8)  The responsibility for enforcement of the provisions of this  chapter
 28    is  hereby vested in the board. The board shall have all of the duties, powers
 29    and authority specifically granted by or necessary for the enforcement of this
 30    chapter and the rules made pursuant thereto, as well  as  such  other  duties,
 31    powers and authority as it may be granted from time to time by applicable law.
 32    The powers vested in the board shall include, but are not limited to:
 33        (a)  Establish  qualifications  and  prescribe  the application format for
 34        issuance or renewal of a license to practice as a veterinarian and  certi-
 35        fication  to  practice  as  a  veterinary technician, euthanasia agency or
 36        euthanasia technician, review each application  for  compliance  with  the
 37        licensure  and  certification  requirements, issue, renew or deny licenses
 38        and certifications. Upon a showing of good cause by a licensee or certifi-
 39        cate holder to the board, the board may grant an  extension  of  time  for
 40        submission of the required application or renewal documentation, including
 41        the  required  number  of continuing education hours, as set forth by this
 42        chapter or the rules of the board.
 43        (b)  Examine and determine the qualifications and  fitness  of  applicants
 44        for  a  license to practice veterinary medicine, or certification to prac-
 45        tice veterinary technology or as a euthanasia technician or operate  as  a
 46        certified euthanasia agency in the state.
 47        (c)  Issue,   renew,   reinstate,   deny,  suspend,  sanction,  reprimand,
 48        restrict, limit, place on probation, require voluntary  surrender  of,  or
 49        revoke  any  licenses,   certifications or temporary permits or certifica-
 50        tions to practice veterinary medicine, veterinary technology or  euthanize
 51        animals  in  the state, and may fine and impose other forms of discipline,
 52        and enter into consent agreements and negotiated settlements with licensed
 53        veterinarians,  certified  veterinary  technicians,  certified  euthanasia
 54        technicians and certified euthanasia agencies consistent with  the  provi-
 55        sions of this chapter and the rules adopted hereunder.


  1        (d)  Establish  a schedule of fees for licensing, certifying and register-
  2        ing  veterinarians,  veterinary  technicians,  euthanasia   agencies   and
  3        euthanasia  technicians,  as well as for the review, approval and adminis-
  4        tration of national licensing and certification examinations.
  5        (e)  In addition to the fees specifically provided for herein,  the  board
  6        may  assess  additional reasonable fees for services rendered to carry out
  7        its duties and  responsibilities as required or authorized by this chapter
  8        or rules adopted hereunder. Such services rendered shall include, but  not
  9        be limited to, the following:
 10             (i)   Issuance of duplicate licenses or certificates;
 11             (ii)  Mailing lists or reports of data maintained by the board;
 12             (iii) Copies of any documents;
 13             (iv)  Verification of license or certification status;
 14             (v)   Examination review, approval and administration; and
 15             (vi)  Examination materials.
 16        (f)  Review and approve applications from candidates requesting authoriza-
 17        tion  to  take  the national licensing examinations in veterinary medicine
 18        and the veterinary technician national examination and  administer  either
 19        or both national examinations.
 20        (g)  Upon  its  own  motion or upon any complaint, to initiate and conduct
 21        investigations on all matters relating to the practice of veterinary medi-
 22        cine or veterinary technology or the euthanizing  of  animals.  Complaints
 23        not  filed  within  one (1) year after the alleged unlawful conduct occurs
 24        will not be investigated. If the alleged unlawful conduct is of a continu-
 25        ing nature, the date of the occurrence of such conduct shall be deemed  to
 26        be  any  date subsequent to the commencement of the unlawful conduct up to
 27        and including the date on which the complaint is  filed  so  long  as  the
 28        alleged unlawful conduct continues.
 29        (h)  Initiate  and conduct disciplinary hearings or proceedings on its own
 30        or through its designated hearing officer, provided such hearings and pro-
 31        ceedings shall be held in conformance with the provisions of  chapter  52,
 32        title  67,  Idaho  Code,  and  in connection thereto, to administer oaths,
 33        receive evidence, make the necessary determinations, and enter orders con-
 34        sistent with the findings. The board may require the attendance and testi-
 35        mony of witnesses and the production of papers, records, or other documen-
 36        tary evidence and may commission depositions. The board may designate  one
 37        (1)  or  more  of  its members or a person appointed by the state board of
 38        veterinary medicine to serve as its hearing officer.
 39        (i)  Employ full-time or part-time personnel, an  executive  director  who
 40        shall  be  responsible for the performance of the administrative functions
 41        of the board and such other duties as the board may direct. The board  may
 42        also  employ  or  contract with other individuals to provide professional,
 43        clerical or special, other services  deemed  necessary  by  the  board  to
 44        effectuate  the provisions of this chapter and the rules of the board, and
 45        purchase or rent necessary office space, equipment and supplies. The  com-
 46        pensation  of  the  executive director and other personnel shall be deter-
 47        mined by the board and the executive director shall  be  exempt  from  the
 48        provisions of chapter 53, title 67, Idaho Code.
 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 any
 55        rules duly promulgated hereunder, including the levying  of  civil  penal-


  1        ties,  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.

Statement of Purpose / Fiscal Impact

                  STATEMENT OF PURPOSE

                        RS 17325

The proposed legislation will amend the existing statute to 
authorize the Board to employ a non-classified executive 
director and such support staff as deemed necessary by the 
Board, provide for the compensation of these employees, and 
clarify the Board’s authority to enter into services contracts.

                       FISCAL NOTE

An analysis of current personnel costs has been completed and no 
additional spending authority will be required to implement the 
proposed legislation.  The proposed legislation will not affect 
the General Fund; nor will it require a larger appropriation 
from the Board of Veterinary Medicine’s Dedicated Funds.

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