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H0446aa....................................................by STATE AFFAIRS
VETERINARY MEDICINE - Amends existing law to provide an exception relating
to the operation of a veterinary medical practice of a deceased licensed
veterinarian by personal representatives, executors or sole surviving
heirs; and to clarify application of the open meeting law to meetings of
the Idaho Board of Veterinary Medicine.
01/31 House intro - 1st rdg - to printing
02/01 Rpt prt - to St Aff
02/08 Rpt out - to Gen Ord
02/11 Rpt out amen - to engros
02/12 Rpt engros - 1st rdg - to 2nd rdg as amen
02/13 2nd rdg - to 3rd rdg as amen
02/18 3rd rdg as amen - PASSED - 70-0-0
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren,
Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews,
McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick,
Pence, Raybould, Ringo(Cooke), Roberts, Ruchti, 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 -- None
Absent and excused -- None
Floor Sponsor - Luker
Title apvd - to Senate
02/19 Senate intro - 1st rdg - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg
02/29 2nd rdg - to 3rd rdg
03/05 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Gannon, Geddes
Floor Sponsor - McKague
Title apvd - to House
03/06 To enrol
03/07 Rpt enrol - Sp signed
03/10 Pres signed
03/11 To Governor
03/17 Governor signed
Session Law Chapter 135
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 446 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO VETERINARIANS; AMENDING SECTION 54-2104, IDAHO CODE, TO PROVIDE AN 3 EXCEPTION RELATING TO THE OPERATION OF VETERINARY MEDICAL PRACTICES OF 4 DECEASED LICENSED VETERINARIANS BY PERSONAL REPRESENTATIVES, EXECUTORS OR 5 SOLE SURVIVING HEIRS; AND AMENDING SECTION 54-2105, IDAHO CODE, TO CLARIFY 6 APPLICATION OF THE OPEN MEETING LAW TO MEETINGS OF THE IDAHO BOARD OF VET- 7 ERINARY MEDICINE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 54-2104, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 54-2104. LICENSE A PREREQUISITE TO PRACTICE -- EXCEPTIONS. (1) No person 12 may practice veterinary medicine in the state who is not an actively licensed 13 veterinarian or the holder of a valid temporary permit issued by the board. 14 (2) This chapter shall not be construed to prohibit: 15 (a) A veterinarian employed by the federal, state or local government 16 from performing his official duties specifically required under any lawful 17 act or statute, except that this exemption shall not apply to such persons 18 not actively engaged in performing or fulfilling their official duties and 19 responsibilities. 20 (b) A person who is a regular student currently enrolled and in good 21 standing in an accredited or approved school of veterinary medicine, vet- 22 erinary science department or an educational institution accredited by a 23 national or regional accrediting agency recognized by the Idaho state 24 board of education or the United States department of education from per- 25 forming duties or actions assigned by his instructors, or from working 26 under the direct supervision of an actively licensed veterinarian during a 27 school vacation period. The unsupervised or unauthorized practice of vet- 28 erinary medicine by a student, even though on the premises of an accred- 29 ited or approved school of veterinary medicine, veterinary science depart- 30 ment, an educational institution accredited by a national or regional 31 accrediting agency recognized by the Idaho state board of education or the 32 United States department of education or at a veterinary medical facility, 33 is prohibited. 34 (c) A person who is a regular student currently enrolled and in good 35 standing in a nonaccredited or nonapproved educational institution, that 36 holds a valid certificate of registration issued by the Idaho state board 37 of education, from performing duties or actions assigned by his instruc- 38 tors. This exemption does not include surgery or the administration of 39 controlled substances or legend/prescription drugs, unless specifically 40 allowed by state or federal law, rule or regulation. The unsupervised or 41 unauthorized personal practice of veterinary medicine by a student on the 42 premises of a nonaccredited or nonapproved educational institution is pro- 43 hibited. 2 1 (d) Idaho extension personnel from performing their official duties. 2 (e) A veterinarian holding a current, active license, in good standing, 3 in another state, from consulting with a licensed veterinarian in this 4 state. 5 (f) Any merchant or manufacturer from selling nonprescription and 6 noncontrolled medicines, biologics, feed, medicated feed, appliances or 7 other products for the prevention or treatment of animal and poultry dis- 8 eases. Such merchants or manufacturers shall not, either directly or indi- 9 rectly, attempt to diagnose a symptom or disease in order to advise treat- 10 ment, use of drugs, medicines, appliances or products. 11 (g) A farmer, rancher or feedlot operator, including custom ranch or 12 feedlot operators, and their regular employees, from caring for and treat- 13 ing animals within their possession or control, when such animals have 14 been consigned by their legal owner and except where the ownership or pos- 15 session of the animal was transferred or the employment changed to circum- 16 vent this chapter. 17 (h) The owner of an animal or his regular employees from caring for and 18 treating the animals belonging to such owner, or livestock owners or regu- 19 lar employees pregnancy testing their own or employer's cattle or the 20 exchange of services for which no monetary compensation is paid between 21 owners or their regular employees, except where the ownership or posses- 22 sion of the animal was transferred or the employment changed to circumvent 23 this chapter, and provided that only an actively licensed veterinarian may 24 immunize or treat an animal for diseases which require the use of a vac- 25 cine that is restricted by state or federal law, rules or regulations, or 26 as otherwise provided by board rule. Notwithstanding the provisions of 27 this paragraph, a veterinarian/client/patient relationship, as defined by 28 rules, must exist when controlled substances or legend/prescription drugs 29 are administered, distributed, dispensed or prescribed. 30 (i) A member of a faculty of an accredited or approved school of veteri- 31 nary medicine, a veterinary science department, or an educational institu- 32 tion accredited by a national or regional accrediting agency recognized by 33 the Idaho state board of education or the United States department of edu- 34 cation, from performing his regular functions. The unsupervised or unau- 35 thorized personal practice of veterinary medicine, by a faculty member on 36 the premises of any of the above institutions, is prohibited. 37 (j) Any person from selling or applying any pesticide, insecticide, or 38 herbicide. 39 (k) A person lecturing or giving instructions or demonstrations at an 40 accredited or approved school of veterinary medicine, veterinary science 41 department or an educational institution accredited or approved by a 42 national or regional accrediting agency recognized by the Idaho state 43 board of education or the United States department of education, or in 44 connection with an approved continuing education course or seminar. 45 (l) A member of a faculty of a nonaccredited or nonapproved educational 46 institution, who holds a valid certificate of registration issued by the 47 Idaho state board of education, from performing his regular functions. 48 This exemption does not include surgery or the administration of con- 49 trolled substances or legend/prescription drugs, unless specifically 50 allowed by state or federal law, rule or regulation. The unsupervised or 51 unauthorized personal practice of veterinary medicine by a faculty member 52 on the premises of a nonaccredited or nonapproved educational institution 53 is prohibited. 54 (m) Individuals employed as instructors or researchers by, or enrolled as 55 students in, any bona fide medical research institution from conducting 3 1 experiments and scientific research on animals: 2 (i) In the development of pharmaceuticals, biologicals, serums for 3 treating human or animal ailments; or 4 (ii) In the development of methods of treatment or techniques for 5 the diagnosis or treatment of human or animal ailments; or 6 (iii) When engaged in the study and development of methods and tech- 7 niques directly or indirectly applicable to the practice of veteri- 8 nary medicine, so long as such research is conducted in compliance 9 with applicable state and federal laws, rules and regulations. 10 (n) Any person from performing artificial insemination of domestic ani- 11 mals as governed by chapter 8, title 25, Idaho Code. 12 (o) Any person from horseshoeing or hoof trimming bovine, equine and farm 13 animals. 14 (p) An allied health professional actively licensed and in good standing 15 in any state from participating in a medical procedure involving an ani- 16 mal, provided that such participation is in his licensed field of medicine 17 and under the indirect supervision of an actively licensed veterinarian. 18 (q) Any person from the gratuitous treatment of animals in an emergency 19 as a neighborly act. 20 (r) Any state or federal livestock inspector from performing his official 21 duties specifically required under any lawful act or statute, and provided 22 that this exemption shall not apply to such persons not actively engaged 23 in performing or fulfilling their official duties and responsibilities. 24 (s) A certified euthanasia agency from operating as a CEA as defined by 25 law and rules. 26 (t) A certified euthanasia technician from performing those duties as 27 defined by law and rules. 28 (u) Any person from utilizing cotton swabs, gauze, dental floss, 29 dentifrice or toothbrushes to clean an animal's teeth. 30 (v) A certified veterinary technician employed by an actively licensed 31 veterinarian from practicing veterinary technology under appropriate 32 supervision, as defined by the rules of the board. 33 (w) An assistant or veterinary technician employed by an actively 34 licensed veterinarian from performing acts pertaining to the practice of 35 veterinary medicine under appropriate supervision, as defined by the rules 36 of the board, and provided that the employing veterinarian compensates the 37 assistants for the performance of such acts. 38 (x) The personal representative, executor or sole surviving heir of a 39 licensed veterinarian from continuing to operate the veterinary medical 40facilitypractice of the deceased for a period of not more thantwelve41 three (123)monthsyears following death, and providing that an actively42licensed veterinarian makes all the decisions pertaining to the diagnosis,43care and treatment of the patients. This exception only applies where dur- 44 ing such three (3) year period: 45 (i) There is a substantial showing that good faith efforts are 46 being made to sell the veterinary medical practice; and 47 (ii) All the decisions pertaining to the diagnosis, care and treat- 48 ment of the patients are made by an actively licensed veterinarian. 49 (3) Nothing in this section shall be construed as limiting the board's 50 authority to provide other exemptions or exceptions to the requirements for 51 licensing, under its rulemaking authority, as the board may find necessary or 52 appropriate. 53 SECTION 2. That Section 54-2105, Idaho Code, be, and the same is hereby 54 amended to read as follows: 4 1 54-2105. BOARD OF VETERINARY MEDICINE -- COMPOSITION -- APPOINTMENT -- 2 VACANCY -- QUALIFICATIONS -- COMPENSATION -- REMOVAL -- MEETINGS -- OFFICERS 3 -- REVENUES -- POWERS. (1) A board of veterinary medicine, which shall consist 4 of six (6) members to be appointed by the governor, is hereby created in the 5 department of self-governing agencies. Five (5) members shall be veterinarians 6 and one (1) member shall be a public member. Each of the five (5) veterinary 7 members shall serve a term of four (4) years as a veterinary board member and 8 a fifth year as a liaison officer, or until his successor is appointed, except 9 that the terms of the first appointees may be for shorter periods to permit 10 staggering of terms whereby one (1) term expires each year. The public member 11 shall serve for a term of three (3) years or until his successor is appointed. 12 Whenever the occasion arises for an appointment of a veterinary member 13 under this section, the state veterinary medical association or one (1) of the 14 regional veterinary medical associations may nominate three (3) or more quali- 15 fied persons and forward the nominations to the governor at least thirty (30) 16 days before the date set for the appointment. The governor shall appoint one 17 (1) of the persons so nominated. Vacancies due to death, resignation or 18 removal shall be filled for the remainder of the unexpired term in the same 19 manner as regular appointments. No person shall serve two (2) consecutive 20 terms, except in the case of a person appointed for less than a full term. 21 Each of the five (5) veterinarians shall be qualified to serve as a member of 22 the board if a graduate of an accredited or approved school of veterinary med- 23 icine or, if a graduate of a nonaccredited or nonapproved school, a letter 24 from the educational commission for foreign veterinary graduates (ECFVG) cer- 25 tifying completion of the ECFVG program or a copy of their ECFVG certificate, 26 or verification of successful completion of any educational equivalency pro- 27 gram established for the purpose of evaluating an individual's educational 28 knowledge and clinical skills as they relate to the practice of veterinary 29 medicine, as approved and outlined by the rules of the board. In addition to 30 verification of graduation from an accredited or nonaccredited school of vet- 31 erinary medicine, each of the five (5) veterinary members shall be a resident 32 of this state, and have been licensed to practice veterinary medicine in this 33 state for the five (5) years immediately preceding the time of appointment. 34 The public member shall be at least twenty-one (21) years of age and a resi- 35 dent of this state for five (5) years immediately preceding appointment. No 36 person may serve on the board who is, or was, during the two (2) years preced- 37 ing appointment, a member of the faculty or trustees of an accredited school 38 of veterinary medicine. 39 (2) Each member of the board and certified euthanasia task force shall be 40 compensated as provided by section 59-509(n), Idaho Code. 41 (3) Any member of the board may be removed by the governor at his discre- 42 tion. 43 (4) The board shall meet at least once each year at the time and place 44 fixed by rule of the board. Other necessary meetings may be called by the 45 president of the board by giving notice as may be required by state statute or 46 rule. Except as may otherwise be provided, a majority of the board constitutes 47 a quorum. Meetings shall be open and public exceptthat the board may meet in48closed session to prepare, approve, administer or grade examinations; to49deliberate the qualifications of an applicant for a license or certification;50to conduct deliberations in disciplinary proceedings; to consider investigato-51ry matters; or as otherwise allowed by lawas otherwise provided by the open 52 meeting law, chapter 23, title 67, Idaho Code. 53 (5) The board member serving the fourth year of appointment shall be the 54 president of the board and shall serve as chairman at the board meetings. 55 (6) The veterinary board member serving the fifth year of appointment 5 1 shall be the liaison officer of the board and shall render advice, review and 2 mediate complaints, and perform other tasks assigned by the board. 3 (7) All revenues received under this chapter shall be paid to the state 4 board of veterinary medicine account created in section 54-2121, Idaho Code, 5 and shall be subject to and administered in accordance with the provisions of 6 this chapter. 7 (8) The responsibility for enforcement of the provisions of this chapter 8 is hereby vested in the board. The board shall have all of the duties, powers 9 and authority specifically granted by or necessary for the enforcement of this 10 chapter and the rules made pursuant thereto, as well as such other duties, 11 powers and authority as it may be granted from time to time by applicable law. 12 The powers vested in the board shall include, but are not limited to: 13 (a) Establish qualifications and prescribe the application format for 14 issuance or renewal of a license to practice as a veterinarian and certi- 15 fication to practice as a veterinary technician, euthanasia agency or 16 euthanasia technician, review each application for compliance with the 17 licensure and certification requirements, issue, renew or deny licenses 18 and certifications. Upon a showing of good cause by a licensee or certifi- 19 cate holder to the board, the board may grant an extension of time for 20 submission of the required application or renewal documentation, including 21 the required number of continuing education hours, as set forth by this 22 chapter or the rules of the board. 23 (b) Examine and determine the qualifications and fitness of applicants 24 for a license to practice veterinary medicine, or certification to prac- 25 tice veterinary technology or as a euthanasia technician or operate as a 26 certified euthanasia agency in the state. 27 (c) Issue, renew, reinstate, deny, suspend, sanction, reprimand, 28 restrict, limit, place on probation, require voluntary surrender of, or 29 revoke any licenses, certifications or temporary permits or certifica- 30 tions to practice veterinary medicine, veterinary technology or euthanize 31 animals in the state, and may fine and impose other forms of discipline, 32 and enter into consent agreements and negotiated settlements with licensed 33 veterinarians, certified veterinary technicians, certified euthanasia 34 technicians and certified euthanasia agencies consistent with the provi- 35 sions of this chapter and the rules adopted hereunder. 36 (d) Establish a schedule of fees for licensing, certifying and register- 37 ing veterinarians, veterinary technicians, euthanasia agencies and 38 euthanasia technicians, as well as for the review, approval and adminis- 39 tration of national licensing and certification examinations. 40 (e) In addition to the fees specifically provided for herein, the board 41 may assess additional reasonable fees for services rendered to carry out 42 its duties and responsibilities as required or authorized by this chapter 43 or rules adopted hereunder. Such services rendered shall include, but not 44 be limited to, the following: 45 (i) Issuance of duplicate licenses or certificates; 46 (ii) Mailing lists or reports of data maintained by the board; 47 (iii) Copies of any documents; 48 (iv) Verification of license or certification status; 49 (v) Examination review, approval and administration; and 50 (vi) Examination materials. 51 (f) Review and approve applications from candidates requesting authoriza- 52 tion to take the national licensing examinations in veterinary medicine 53 and the veterinary technician national examination and administer either 54 or both national examinations. 55 (g) Upon its own motion or upon any complaint, to initiate and conduct 6 1 investigations on all matters relating to the practice of veterinary med- 2 icine or veterinary technology or the euthanizing of animals. Complaints 3 not filed within one (1) year after the alleged unlawful conduct occurs 4 will not be investigated. If the alleged unlawful conduct is of a continu- 5 ing nature, the date of the occurrence of such conduct shall be deemed to 6 be any date subsequent to the commencement of the unlawful conduct up to 7 and including the date on which the complaint is filed so long as the 8 alleged unlawful conduct continues. 9 (h) Initiate and conduct disciplinary hearings or proceedings on its own 10 or through its designated hearing officer, provided such hearings and pro- 11 ceedings shall be held in conformance with the provisions of chapter 52, 12 title 67, Idaho Code, and in connection thereto, to administer oaths, 13 receive evidence, make the necessary determinations, and enter orders con- 14 sistent with the findings. The board may require the attendance and testi- 15 mony of witnesses and the production of papers, records, or other documen- 16 tary evidence and may commission depositions. The board may designate one 17 (1) or more of its members or a person appointed by the state board of 18 veterinary medicine to serve as its hearing officer. 19 (i) Employ full-time or part-time personnel, professional, clerical or 20 special, necessary to effectuate the provisions of this chapter and the 21 rules of the board and purchase or rent necessary office space, equipment 22 and supplies. 23 (j) Appoint from its own membership one (1) or more members to act as 24 representatives of the board at any meeting within or outside the state 25 where such representation is deemed desirable. 26 (k) Bring proceedings in the courts for the enforcement of this chapter 27 or any rules made pursuant thereto. 28 (l) For purposes of enforcement of the provisions of this chapter and any 29 rules duly promulgated hereunder, including the levying of civil penal- 30 ties, assessment and collection of fines, and recovery of costs and 31 paralegal, hearing officer and attorney's fees incurred by the board in 32 investigation and prosecution of complaints, the board shall maintain 33 jurisdiction over individuals, irrespective of their license or certifica- 34 tion status (i.e., active, inactive, expired, lapsed, surrendered or 35 disciplined) relative to acts, omissions, complaints and investigations 36 which occurred during the licensure or certification period. Jurisdiction 37 of the board shall also extend to all individuals engaged in the practice 38 of veterinary medicine, veterinary technology or practicing as a certified 39 euthanasia agency or certified euthanasia technician in this state as 40 defined in section 54-2103, Idaho Code. It is the intent of this subsec- 41 tion that the board's jurisdiction should extend to all licensed or unli- 42 censed or certified or uncertified individuals and that licensees and cer- 43 tification holders cannot divest the board of jurisdiction by changing, 44 surrendering or relinquishing licensure or certification status. 45 (m) Establish a certified euthanasia task force for the purposes of 46 training, examining, licensing and certifying euthanasia agencies and 47 euthanasia technicians and assess application, training workshop and cer- 48 tification fees. The fees so assessed are continuously appropriated to the 49 board to support the activities of the task force. 50 (n) Adopt, amend or repeal all sections of this chapter and rules neces- 51 sary for its government and all rules necessary to carry into effect the 52 provisions of this chapter pursuant to the Idaho administrative procedure 53 act, chapter 52, title 67, Idaho Code, including the establishment and 54 publication of standards of professional conduct for the practice of vet- 55 erinary medicine. 7 1 (o) Conduct probationary or other practice and facility inspections nec- 2 essary for enforcement of this chapter or the rules duly promulgated here- 3 under or any order, negotiated settlement or probationary agreement of the 4 board and issue administrative citations to alleged violators.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Luker Seconded by Rusche IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 446 1 AMENDMENT TO SECTION 1 2 On page 3 of the printed bill, in line 45, delete "There is a substantial 3 showing that good" and insert: "Good".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 446, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO VETERINARIANS; AMENDING SECTION 54-2104, IDAHO CODE, TO PROVIDE AN 3 EXCEPTION RELATING TO THE OPERATION OF VETERINARY MEDICAL PRACTICES OF 4 DECEASED LICENSED VETERINARIANS BY PERSONAL REPRESENTATIVES, EXECUTORS OR 5 SOLE SURVIVING HEIRS; AND AMENDING SECTION 54-2105, IDAHO CODE, TO CLARIFY 6 APPLICATION OF THE OPEN MEETING LAW TO MEETINGS OF THE IDAHO BOARD OF VET- 7 ERINARY MEDICINE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 54-2104, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 54-2104. LICENSE A PREREQUISITE TO PRACTICE -- EXCEPTIONS. (1) No person 12 may practice veterinary medicine in the state who is not an actively licensed 13 veterinarian or the holder of a valid temporary permit issued by the board. 14 (2) This chapter shall not be construed to prohibit: 15 (a) A veterinarian employed by the federal, state or local government 16 from performing his official duties specifically required under any lawful 17 act or statute, except that this exemption shall not apply to such persons 18 not actively engaged in performing or fulfilling their official duties and 19 responsibilities. 20 (b) A person who is a regular student currently enrolled and in good 21 standing in an accredited or approved school of veterinary medicine, vet- 22 erinary science department or an educational institution accredited by a 23 national or regional accrediting agency recognized by the Idaho state 24 board of education or the United States department of education from per- 25 forming duties or actions assigned by his instructors, or from working 26 under the direct supervision of an actively licensed veterinarian during a 27 school vacation period. The unsupervised or unauthorized practice of vet- 28 erinary medicine by a student, even though on the premises of an accred- 29 ited or approved school of veterinary medicine, veterinary science depart- 30 ment, an educational institution accredited by a national or regional 31 accrediting agency recognized by the Idaho state board of education or the 32 United States department of education or at a veterinary medical facility, 33 is prohibited. 34 (c) A person who is a regular student currently enrolled and in good 35 standing in a nonaccredited or nonapproved educational institution, that 36 holds a valid certificate of registration issued by the Idaho state board 37 of education, from performing duties or actions assigned by his instruc- 38 tors. This exemption does not include surgery or the administration of 39 controlled substances or legend/prescription drugs, unless specifically 40 allowed by state or federal law, rule or regulation. The unsupervised or 41 unauthorized personal practice of veterinary medicine by a student on the 42 premises of a nonaccredited or nonapproved educational institution is pro- 43 hibited. 2 1 (d) Idaho extension personnel from performing their official duties. 2 (e) A veterinarian holding a current, active license, in good standing, 3 in another state, from consulting with a licensed veterinarian in this 4 state. 5 (f) Any merchant or manufacturer from selling nonprescription and 6 noncontrolled medicines, biologics, feed, medicated feed, appliances or 7 other products for the prevention or treatment of animal and poultry dis- 8 eases. Such merchants or manufacturers shall not, either directly or indi- 9 rectly, attempt to diagnose a symptom or disease in order to advise treat- 10 ment, use of drugs, medicines, appliances or products. 11 (g) A farmer, rancher or feedlot operator, including custom ranch or 12 feedlot operators, and their regular employees, from caring for and treat- 13 ing animals within their possession or control, when such animals have 14 been consigned by their legal owner and except where the ownership or pos- 15 session of the animal was transferred or the employment changed to circum- 16 vent this chapter. 17 (h) The owner of an animal or his regular employees from caring for and 18 treating the animals belonging to such owner, or livestock owners or regu- 19 lar employees pregnancy testing their own or employer's cattle or the 20 exchange of services for which no monetary compensation is paid between 21 owners or their regular employees, except where the ownership or posses- 22 sion of the animal was transferred or the employment changed to circumvent 23 this chapter, and provided that only an actively licensed veterinarian may 24 immunize or treat an animal for diseases which require the use of a vac- 25 cine that is restricted by state or federal law, rules or regulations, or 26 as otherwise provided by board rule. Notwithstanding the provisions of 27 this paragraph, a veterinarian/client/patient relationship, as defined by 28 rules, must exist when controlled substances or legend/prescription drugs 29 are administered, distributed, dispensed or prescribed. 30 (i) A member of a faculty of an accredited or approved school of veteri- 31 nary medicine, a veterinary science department, or an educational institu- 32 tion accredited by a national or regional accrediting agency recognized by 33 the Idaho state board of education or the United States department of edu- 34 cation, from performing his regular functions. The unsupervised or unau- 35 thorized personal practice of veterinary medicine, by a faculty member on 36 the premises of any of the above institutions, is prohibited. 37 (j) Any person from selling or applying any pesticide, insecticide, or 38 herbicide. 39 (k) A person lecturing or giving instructions or demonstrations at an 40 accredited or approved school of veterinary medicine, veterinary science 41 department or an educational institution accredited or approved by a 42 national or regional accrediting agency recognized by the Idaho state 43 board of education or the United States department of education, or in 44 connection with an approved continuing education course or seminar. 45 (l) A member of a faculty of a nonaccredited or nonapproved educational 46 institution, who holds a valid certificate of registration issued by the 47 Idaho state board of education, from performing his regular functions. 48 This exemption does not include surgery or the administration of con- 49 trolled substances or legend/prescription drugs, unless specifically 50 allowed by state or federal law, rule or regulation. The unsupervised or 51 unauthorized personal practice of veterinary medicine by a faculty member 52 on the premises of a nonaccredited or nonapproved educational institution 53 is prohibited. 54 (m) Individuals employed as instructors or researchers by, or enrolled as 55 students in, any bona fide medical research institution from conducting 3 1 experiments and scientific research on animals: 2 (i) In the development of pharmaceuticals, biologicals, serums for 3 treating human or animal ailments; or 4 (ii) In the development of methods of treatment or techniques for 5 the diagnosis or treatment of human or animal ailments; or 6 (iii) When engaged in the study and development of methods and tech- 7 niques directly or indirectly applicable to the practice of veteri- 8 nary medicine, so long as such research is conducted in compliance 9 with applicable state and federal laws, rules and regulations. 10 (n) Any person from performing artificial insemination of domestic ani- 11 mals as governed by chapter 8, title 25, Idaho Code. 12 (o) Any person from horseshoeing or hoof trimming bovine, equine and farm 13 animals. 14 (p) An allied health professional actively licensed and in good standing 15 in any state from participating in a medical procedure involving an ani- 16 mal, provided that such participation is in his licensed field of medicine 17 and under the indirect supervision of an actively licensed veterinarian. 18 (q) Any person from the gratuitous treatment of animals in an emergency 19 as a neighborly act. 20 (r) Any state or federal livestock inspector from performing his official 21 duties specifically required under any lawful act or statute, and provided 22 that this exemption shall not apply to such persons not actively engaged 23 in performing or fulfilling their official duties and responsibilities. 24 (s) A certified euthanasia agency from operating as a CEA as defined by 25 law and rules. 26 (t) A certified euthanasia technician from performing those duties as 27 defined by law and rules. 28 (u) Any person from utilizing cotton swabs, gauze, dental floss, 29 dentifrice or toothbrushes to clean an animal's teeth. 30 (v) A certified veterinary technician employed by an actively licensed 31 veterinarian from practicing veterinary technology under appropriate 32 supervision, as defined by the rules of the board. 33 (w) An assistant or veterinary technician employed by an actively 34 licensed veterinarian from performing acts pertaining to the practice of 35 veterinary medicine under appropriate supervision, as defined by the rules 36 of the board, and provided that the employing veterinarian compensates the 37 assistants for the performance of such acts. 38 (x) The personal representative, executor or sole surviving heir of a 39 licensed veterinarian from continuing to operate the veterinary medical 40facilitypractice of the deceased for a period of not more thantwelve41 three (123)monthsyears following death, and providing that an actively42licensed veterinarian makes all the decisions pertaining to the diagnosis,43care and treatment of the patients. This exception only applies where dur- 44 ing such three (3) year period: 45 (i) Good faith efforts are being made to sell the veterinary medi- 46 cal practice; and 47 (ii) All the decisions pertaining to the diagnosis, care and treat- 48 ment of the patients are made by an actively licensed veterinarian. 49 (3) Nothing in this section shall be construed as limiting the board's 50 authority to provide other exemptions or exceptions to the requirements for 51 licensing, under its rulemaking authority, as the board may find necessary or 52 appropriate. 53 SECTION 2. That Section 54-2105, Idaho Code, be, and the same is hereby 54 amended to read as follows: 4 1 54-2105. BOARD OF VETERINARY MEDICINE -- COMPOSITION -- APPOINTMENT -- 2 VACANCY -- QUALIFICATIONS -- COMPENSATION -- REMOVAL -- MEETINGS -- OFFICERS 3 -- REVENUES -- POWERS. (1) A board of veterinary medicine, which shall consist 4 of six (6) members to be appointed by the governor, is hereby created in the 5 department of self-governing agencies. Five (5) members shall be veterinarians 6 and one (1) member shall be a public member. Each of the five (5) veterinary 7 members shall serve a term of four (4) years as a veterinary board member and 8 a fifth year as a liaison officer, or until his successor is appointed, except 9 that the terms of the first appointees may be for shorter periods to permit 10 staggering of terms whereby one (1) term expires each year. The public member 11 shall serve for a term of three (3) years or until his successor is appointed. 12 Whenever the occasion arises for an appointment of a veterinary member 13 under this section, the state veterinary medical association or one (1) of the 14 regional veterinary medical associations may nominate three (3) or more quali- 15 fied persons and forward the nominations to the governor at least thirty (30) 16 days before the date set for the appointment. The governor shall appoint one 17 (1) of the persons so nominated. Vacancies due to death, resignation or 18 removal shall be filled for the remainder of the unexpired term in the same 19 manner as regular appointments. No person shall serve two (2) consecutive 20 terms, except in the case of a person appointed for less than a full term. 21 Each of the five (5) veterinarians shall be qualified to serve as a member of 22 the board if a graduate of an accredited or approved school of veterinary med- 23 icine or, if a graduate of a nonaccredited or nonapproved school, a letter 24 from the educational commission for foreign veterinary graduates (ECFVG) cer- 25 tifying completion of the ECFVG program or a copy of their ECFVG certificate, 26 or verification of successful completion of any educational equivalency pro- 27 gram established for the purpose of evaluating an individual's educational 28 knowledge and clinical skills as they relate to the practice of veterinary 29 medicine, as approved and outlined by the rules of the board. In addition to 30 verification of graduation from an accredited or nonaccredited school of vet- 31 erinary medicine, each of the five (5) veterinary members shall be a resident 32 of this state, and have been licensed to practice veterinary medicine in this 33 state for the five (5) years immediately preceding the time of appointment. 34 The public member shall be at least twenty-one (21) years of age and a resi- 35 dent of this state for five (5) years immediately preceding appointment. No 36 person may serve on the board who is, or was, during the two (2) years preced- 37 ing appointment, a member of the faculty or trustees of an accredited school 38 of veterinary medicine. 39 (2) Each member of the board and certified euthanasia task force shall be 40 compensated as provided by section 59-509(n), Idaho Code. 41 (3) Any member of the board may be removed by the governor at his discre- 42 tion. 43 (4) The board shall meet at least once each year at the time and place 44 fixed by rule of the board. Other necessary meetings may be called by the 45 president of the board by giving notice as may be required by state statute or 46 rule. Except as may otherwise be provided, a majority of the board constitutes 47 a quorum. Meetings shall be open and public exceptthat the board may meet in48closed session to prepare, approve, administer or grade examinations; to49deliberate the qualifications of an applicant for a license or certification;50to conduct deliberations in disciplinary proceedings; to consider investigato-51ry matters; or as otherwise allowed by lawas otherwise provided by the open 52 meeting law, chapter 23, title 67, Idaho Code. 53 (5) The board member serving the fourth year of appointment shall be the 54 president of the board and shall serve as chairman at the board meetings. 55 (6) The veterinary board member serving the fifth year of appointment 5 1 shall be the liaison officer of the board and shall render advice, review and 2 mediate complaints, and perform other tasks assigned by the board. 3 (7) All revenues received under this chapter shall be paid to the state 4 board of veterinary medicine account created in section 54-2121, Idaho Code, 5 and shall be subject to and administered in accordance with the provisions of 6 this chapter. 7 (8) The responsibility for enforcement of the provisions of this chapter 8 is hereby vested in the board. The board shall have all of the duties, powers 9 and authority specifically granted by or necessary for the enforcement of this 10 chapter and the rules made pursuant thereto, as well as such other duties, 11 powers and authority as it may be granted from time to time by applicable law. 12 The powers vested in the board shall include, but are not limited to: 13 (a) Establish qualifications and prescribe the application format for 14 issuance or renewal of a license to practice as a veterinarian and certi- 15 fication to practice as a veterinary technician, euthanasia agency or 16 euthanasia technician, review each application for compliance with the 17 licensure and certification requirements, issue, renew or deny licenses 18 and certifications. Upon a showing of good cause by a licensee or certifi- 19 cate holder to the board, the board may grant an extension of time for 20 submission of the required application or renewal documentation, including 21 the required number of continuing education hours, as set forth by this 22 chapter or the rules of the board. 23 (b) Examine and determine the qualifications and fitness of applicants 24 for a license to practice veterinary medicine, or certification to prac- 25 tice veterinary technology or as a euthanasia technician or operate as a 26 certified euthanasia agency in the state. 27 (c) Issue, renew, reinstate, deny, suspend, sanction, reprimand, 28 restrict, limit, place on probation, require voluntary surrender of, or 29 revoke any licenses, certifications or temporary permits or certifica- 30 tions to practice veterinary medicine, veterinary technology or euthanize 31 animals in the state, and may fine and impose other forms of discipline, 32 and enter into consent agreements and negotiated settlements with licensed 33 veterinarians, certified veterinary technicians, certified euthanasia 34 technicians and certified euthanasia agencies consistent with the provi- 35 sions of this chapter and the rules adopted hereunder. 36 (d) Establish a schedule of fees for licensing, certifying and register- 37 ing veterinarians, veterinary technicians, euthanasia agencies and 38 euthanasia technicians, as well as for the review, approval and adminis- 39 tration of national licensing and certification examinations. 40 (e) In addition to the fees specifically provided for herein, the board 41 may assess additional reasonable fees for services rendered to carry out 42 its duties and responsibilities as required or authorized by this chapter 43 or rules adopted hereunder. Such services rendered shall include, but not 44 be limited to, the following: 45 (i) Issuance of duplicate licenses or certificates; 46 (ii) Mailing lists or reports of data maintained by the board; 47 (iii) Copies of any documents; 48 (iv) Verification of license or certification status; 49 (v) Examination review, approval and administration; and 50 (vi) Examination materials. 51 (f) Review and approve applications from candidates requesting authoriza- 52 tion to take the national licensing examinations in veterinary medicine 53 and the veterinary technician national examination and administer either 54 or both national examinations. 55 (g) Upon its own motion or upon any complaint, to initiate and conduct 6 1 investigations on all matters relating to the practice of veterinary med- 2 icine or veterinary technology or the euthanizing of animals. Complaints 3 not filed within one (1) year after the alleged unlawful conduct occurs 4 will not be investigated. If the alleged unlawful conduct is of a continu- 5 ing nature, the date of the occurrence of such conduct shall be deemed to 6 be any date subsequent to the commencement of the unlawful conduct up to 7 and including the date on which the complaint is filed so long as the 8 alleged unlawful conduct continues. 9 (h) Initiate and conduct disciplinary hearings or proceedings on its own 10 or through its designated hearing officer, provided such hearings and pro- 11 ceedings shall be held in conformance with the provisions of chapter 52, 12 title 67, Idaho Code, and in connection thereto, to administer oaths, 13 receive evidence, make the necessary determinations, and enter orders con- 14 sistent with the findings. The board may require the attendance and testi- 15 mony of witnesses and the production of papers, records, or other documen- 16 tary evidence and may commission depositions. The board may designate one 17 (1) or more of its members or a person appointed by the state board of 18 veterinary medicine to serve as its hearing officer. 19 (i) Employ full-time or part-time personnel, professional, clerical or 20 special, necessary to effectuate the provisions of this chapter and the 21 rules of the board and purchase or rent necessary office space, equipment 22 and supplies. 23 (j) Appoint from its own membership one (1) or more members to act as 24 representatives of the board at any meeting within or outside the state 25 where such representation is deemed desirable. 26 (k) Bring proceedings in the courts for the enforcement of this chapter 27 or any rules made pursuant thereto. 28 (l) For purposes of enforcement of the provisions of this chapter and any 29 rules duly promulgated hereunder, including the levying of civil penal- 30 ties, assessment and collection of fines, and recovery of costs and 31 paralegal, hearing officer and attorney's fees incurred by the board in 32 investigation and prosecution of complaints, the board shall maintain 33 jurisdiction over individuals, irrespective of their license or certifica- 34 tion status (i.e., active, inactive, expired, lapsed, surrendered or 35 disciplined) relative to acts, omissions, complaints and investigations 36 which occurred during the licensure or certification period. Jurisdiction 37 of the board shall also extend to all individuals engaged in the practice 38 of veterinary medicine, veterinary technology or practicing as a certified 39 euthanasia agency or certified euthanasia technician in this state as 40 defined in section 54-2103, Idaho Code. It is the intent of this subsec- 41 tion that the board's jurisdiction should extend to all licensed or unli- 42 censed or certified or uncertified individuals and that licensees and cer- 43 tification holders cannot divest the board of jurisdiction by changing, 44 surrendering or relinquishing licensure or certification status. 45 (m) Establish a certified euthanasia task force for the purposes of 46 training, examining, licensing and certifying euthanasia agencies and 47 euthanasia technicians and assess application, training workshop and cer- 48 tification fees. The fees so assessed are continuously appropriated to the 49 board to support the activities of the task force. 50 (n) Adopt, amend or repeal all sections of this chapter and rules neces- 51 sary for its government and all rules necessary to carry into effect the 52 provisions of this chapter pursuant to the Idaho administrative procedure 53 act, chapter 52, title 67, Idaho Code, including the establishment and 54 publication of standards of professional conduct for the practice of vet- 55 erinary medicine. 7 1 (o) Conduct probationary or other practice and facility inspections nec- 2 essary for enforcement of this chapter or the rules duly promulgated here- 3 under or any order, negotiated settlement or probationary agreement of the 4 board and issue administrative citations to alleged violators.
STATEMENT OF PURPOSE
RS 17326
The proposed legislation will increase to three (3) years the
time within which the personal representative, executor, or
sole surviving heir of a deceased veterinarian must sell the
veterinary practice, and eliminate a potential conflict between
the Veterinary Practice Act and the Idaho Open Meeting Law.
FISCAL NOTE
The proposed legislation will not result in any impact to the
state General Fund.
CONTACT
Name: Karen Ewing
Agency: Veterinary Medicine, Board of
Phone: (208)332-8588
STATEMENT OF PURPOSE/FISCAL NOTE H 446