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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.
Speaker
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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 415 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO THE BOARD OF VETERINARY MEDICINE; AMENDING SECTION 54-2105, IDAHO 3 CODE, TO AUTHORIZE THE BOARD TO EMPLOY AN EXECUTIVE DIRECTOR AND EMPLOY OR 4 CONTRACT WITH OTHER INDIVIDUALS TO PERFORM CERTAIN DUTIES, TO AUTHORIZE 5 THE BOARD TO DETERMINE COMPENSATION AND TO PROVIDE THAT THE EXECUTIVE 6 DIRECTOR SHALL BE EXEMPT FROM THE PROVISIONS OF THE PERSONNEL SYSTEM. 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: 10 54-2105. BOARD OF VETERINARY MEDICINE -- COMPOSITION -- APPOINTMENT -- 11 VACANCY -- QUALIFICATIONS -- COMPENSATION -- REMOVAL -- MEETINGS -- OFFICERS 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- 2 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. 3 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) Employfull-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 orspecial,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- 4 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
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.
CONTACT
Name: Karen Ewing
Agency: Veterinary Medicine, Board of
Phone: (208) 332-8588
STATEMENT OF PURPOSE/FISCAL NOTE H 415