2008 Legislation
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HOUSE BILL NO. 446<br /> – Veterinary medicine pract, operatn

HOUSE BILL NO. 446

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Bill Status



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

Bill Text




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

                                                                       

                              IN 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
 40        facility  practice  of  the  deceased for a period of not more than twelve
 41        three (123) months years following death, and providing that  an  actively
 42        licensed veterinarian makes all the decisions pertaining to the diagnosis,
 43        care 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 except that the board may meet  in
 48    closed  session  to  prepare,  approve,  administer  or grade examinations; to
 49    deliberate the qualifications of an applicant for a license or  certification;
 50    to conduct deliberations in disciplinary proceedings; to consider investigato-
 51    ry  matters;  or as otherwise allowed by law as 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.

Amendment




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

                                                                       

                                                     Moved 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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)




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

                                                                       

                              IN 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
 40        facility  practice  of  the  deceased for a period of not more than twelve
 41        three (123) months years following death, and providing that  an  actively
 42        licensed veterinarian makes all the decisions pertaining to the diagnosis,
 43        care 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 except that the board may meet  in
 48    closed  session  to  prepare,  approve,  administer  or grade examinations; to
 49    deliberate the qualifications of an applicant for a license or  certification;
 50    to conduct deliberations in disciplinary proceedings; to consider investigato-
 51    ry  matters;  or as otherwise allowed by law as 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 / Fiscal Impact


                     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