169.5 - BOARD OF VETERINARY MEDICINE.
169.5 BOARD OF VETERINARY MEDICINE.
1. a. The governor shall appoint, subject to confirmation by
the senate pursuant to section 2.32, a board of five individuals,
three of whom shall be licensed veterinarians and two of whom shall
not be licensed veterinarians and shall represent the general public.
The board shall be known as the Iowa board of veterinary medicine.
b. Each licensed veterinarian board member shall be actively
engaged in veterinary medicine and shall have been so engaged for a
period of five years immediately preceding appointment, the last two
of which shall have been in Iowa. The representatives of the general
public shall be knowledgeable in the area of animal husbandry. A
member of the board shall not be employed by or have any material or
financial interest in any wholesale or jobbing house dealing in
supplies, equipment, or instruments used or useful in the practice of
veterinary medicine.
c. Professional associations or societies composed of
licensed veterinarians may recommend the names of potential board
members to the governor, but the governor is not bound by the
recommendations.
2. The members of the board shall be appointed for a term of
three years, except the terms of the members of the initial board
shall be rotated in such a manner that at least one member shall
retire each year and a successor be appointed. The term of each
member shall commence and end as provided by section 69.19. Members
shall serve no more than three terms or nine years total, whichever
is less. Any vacancy in the membership of the board caused by death,
resignation, removal, or otherwise, shall be filled for the period of
the unexpired term in the same manner as original appointments.
3. The board shall meet at least once each year as determined by
the board. Other necessary meetings may be called by the president
of the board by giving proper notice. Except as provided, a majority
of the board constitutes a quorum. Meetings shall be open and public
except that the board may meet in closed session to prepare, approve,
administer, or grade examinations, or to deliberate the
qualifications of an applicant for license or the disposition of a
proceeding to discipline a licensed veterinarian.
4. At its annual meeting, the board shall organize by electing a
president and such other officers as may be necessary. Officers of
the board serve for terms of one year and until a successor is
elected, without limitation on the number of terms an officer may
serve. The president shall serve as chairperson of board meetings.
The person designated as the state veterinarian shall serve as
secretary of the board.
5. The duties of the board shall include carrying on the
correspondence of the board, keeping permanent accounts and records
of all receipts and disbursements by the board and of all board
proceedings, including the disposition of all applications for a
license, and keeping a register of all persons currently licensed by
the board. The representatives of the general public shall not
prepare, grade, or otherwise administer examinations to applicants
for a license to practice veterinary medicine. All board records
shall be open to public inspection during regular office hours.
6. Members of the board shall set their own per diem
compensation, at a rate not exceeding the per diem specified in
section 7E.6 for each day actually engaged in the discharge of their
duties, as well as compensation for necessary traveling and other
expenses. Compensation for veterinarian members of the board shall
include compensation for the time spent traveling to and from the
place of conducting the examination and for a reasonable number of
days for the preparation of examination and the reading of papers, in
addition to the time actually spent in conducting examinations,
within the limits of funds appropriated to the board.
7. Upon a three-fifths vote, the board may:
a. Examine and determine the qualifications and fitness of
applicants for a license to practice veterinary medicine in the
state.
b. Issue, renew, or deny issuance or renewal of licenses and
temporary permits to practice veterinary medicine in this state.
c. Establish and publish annually a schedule of fees for
licensing and registration of veterinarians. The fees shall be set
by rule and shall include fees for a license to practice veterinary
medicine issued upon the basis of the examination, a license granted
on the basis of reciprocity, a renewal of a license to practice
veterinary medicine, a certified statement that a licensee is
licensed to practice in this state, and an issuance of a duplicate
license when the original is lost or destroyed. The fee schedule
shall be based on the board's anticipated financial requirements for
the year, which shall include but not be limited to the following:
(1) Per diem, expenses, and travel of board members.
(2) Costs to the department for administration of this chapter.
d. Conduct investigations for the purpose of discovering
violations of this chapter or grounds for disciplining licensed
veterinarians.
e. Hold hearings on all matters properly brought before the
board and administer oaths, receive evidence, make the necessary
determinations, and enter orders consistent with the findings. The
board may require by subpoena the attendance and testimony of
witnesses and the production of papers, records, or other documentary
evidence and commission depositions. An administrative law judge may
be appointed pursuant to section 17A.11 to perform those functions
which properly repose in an administrative law judge.
f. Employ full-time or part-time personnel, professional,
clerical, or special, as are necessary to effectuate the provisions
of this chapter.
g. Appoint from its own membership one or more members to act
as representatives of the board at any meeting within or without the
state where such representation is deemed desirable.
h. Bring proceedings in the courts for the enforcement of
this chapter or any regulations made pursuant to this chapter.
i. Adopt, amend, or repeal rules relating to the standards of
conduct for, testing of, and revocation or suspension of certificates
issued to veterinary assistants. However, a certificate shall not be
suspended or revoked by less than a two-thirds vote of the entire
board in a proceeding conducted in compliance with section 17A.12.
j. Adopt, amend, or repeal all rules necessary for its
government and all regulations necessary to carry into effect the
provision of this chapter, including the establishment and
publication of standards of professional conduct for the practice of
veterinary medicine.
8. The powers enumerated in subsection 7 are granted for the
purpose of enabling the board to effectively supervise the practice
of veterinary medicine and are to be construed liberally to
accomplish this objective.
9. A person who provides veterinary medical services, owns a
veterinary clinic, or practices in this state shall obtain a
certificate from the board and be subject to the same standards of
conduct, as provided in this chapter and rules adopted by the board,
as apply to a licensed veterinarian, unless the board determines that
the same standards of conduct are inapplicable. The board shall
issue, renew, or deny a certificate; adopt rules relating to the
standards of conduct; and take disciplinary action against the
person, including suspension or revocation of a certificate, in
accordance with the procedures established in section 169.14.
Certification fees shall be established by the board pursuant to
subsection 7, paragraph "j". Fees shall be established in an
amount sufficient to fully offset the costs of certification pursuant
to this subsection. For the fiscal year beginning July 1, 2001, and
ending June 30, 2002, the department shall retain fees collected to
administer the program of certifying veterinary clinics and the fees
retained are appropriated to the department for the purposes of this
subsection. For the fiscal year beginning July 1, 2001, and ending
June 30, 2002, notwithstanding section 8.33, fees which remain
unexpended at the end of the fiscal year shall not revert to the
general fund of the state but shall be available for use for the
following fiscal year to administer the program. For the fiscal year
beginning July 1, 2002, and succeeding fiscal years, certification
fees shall be deposited in the general fund of the state and are
appropriated to the department to administer the certification
provisions of this subsection. This subsection shall not apply to an
animal shelter, as defined in section 162.2, that provides veterinary
medical services to animals in the custody of the shelter.
10. The department shall furnish the board with all articles and
supplies required for the public use and necessary to enable the
board to perform the duties imposed upon it by law. Such articles
and supplies shall be obtained by the department in the same manner
in which the regular supplies for the department are obtained, and
the department shall assess the costs to the board for such articles
and supplies. The board shall also reimburse the department for
direct and indirect administrative costs incurred in issuing and
renewing the licenses. Section History: Early Form
[S13, § 2538-f, -h, -i, -j, -t; C24, 27, 31, 35, § 2799-d1, -d5;
C39, § 2773, 2777-2780, 2782, 2784, 2785, 2799.1, 2799.5; C46,
50, 54, 58, 62, 66, 71, 73, 75, 77, § 169.11, 169.15--169.19, 169.21,
169.22, 169.37, 169.41; C79, 81, § 169.5] Section History: Recent Form
83 Acts, ch 115, § 4; 84 Acts, ch 1067, § 23; 88 Acts, ch 1109, §
17; 90 Acts, ch 1256, § 31; 98 Acts, ch 1202, §32, 46; 2000 Acts, ch
1183, §1, 3; 2001 Acts, ch 24, §70, 74; 2005 Acts, ch 159, §1; 2009
Acts, ch 133, §72