Bill Text: IA HF623 | 2021-2022 | 89th General Assembly | Introduced

---

Bill Title: A bill for an act providing that a licensed veterinarian is immune from administrative, civil, or criminal liability in investigations or proceedings involving the mistreatment of animals.(Formerly HSB 170.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2021-03-17 - Subcommittee: Sweeney, Kinney, and Shipley. S.J. 635. [HF623 Detail]

Download: Iowa-2021-HF623-Introduced.html

---

House File 623 - Introduced
HOUSE FILE 623
BY COMMITTEE ON LOCAL
GOVERNMENT
(SUCCESSOR TO HSB 170)
A BILL FOR
An Act providing that a licensed veterinarian is immune
from administrative, civil, or criminal liability in
investigations or proceedings involving the mistreatment of
animals.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 2278HV (1) 89
da/jh

H.F. 623
Section 1. Section 169.13, Code 2021, is amended by adding
the following new subsection:
NEW SUBSECTION . 1A. A licensed veterinarian immune
from administrative, civil, or criminal liability under
section 169.18A is not subject to disciplinary action under
this chapter. Any information disclosed by a licensed
veterinarian acting under section 169.18A is not subject to a
confidentiality requirement that would otherwise be applicable
to the licensed veterinarian under this chapter.
Sec. 2. NEW SECTION . 169.18A Immunity.
A licensed veterinarian, when acting in good faith and
in conformance within the minimal standard of acceptable and
prevailing practice of veterinary medicine as defined in rules
adopted by the board, is immune from administrative, civil,
or criminal liability which might otherwise be incurred or
imposed as a result of the licensed veterinarian doing any of
the following:
1. Cooperating with a peace officer as defined in section
801.4, in a matter relating to another person’s conduct
that, if true, would constitute an offense punishable as a
misdemeanor or felony under chapter 717B, 717C, or 717D. The
licensed veterinarian may provide such cooperation in any
manner that assists the peace officer, including but not
limited to making a report to a peace officer or providing the
peace officer with information regarding the other person’s
conduct.
2. Cooperating with a local authority or law enforcement
officer, as each is defined in section 717B.1, to rescue a
threatened animal as provided in section 717B.5.
3. Participating in a dispositional proceeding or complying
with a court order arising from the dispositional proceeding
as provided in section 717B.4.
4. Providing evidence in an administrative, civil,
or criminal case relating to another person’s conduct
that, if true, would constitute an offense punishable as a
-1-
LSB 2278HV (1) 89
da/jh 1/ 3

H.F. 623
misdemeanor or felony under chapter 717B, 717C, or 717D. The
licensed veterinarian may provide answers in a deposition
or interrogatory, testimony, records as defined in section
554D.103, or other physical evidence.
Sec. 3. Section 670.4, subsection 1, Code 2021, is amended
by adding the following new paragraph:
NEW PARAGRAPH . 0n. A claim based on an act by a licensed
veterinarian when assisting a municipality in rescuing a
threatened animal as provided in section 717B.5, if the
licensed veterinarian is immune from administrative, criminal,
or civil liability as provided in section 169.18A.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
IMMUNITY FROM LIABILITY. This bill amends provisions
in Code chapter 169, the “Iowa Veterinary Practice Act”,
by providing that a licensed veterinarian is immune from
administrative, civil, or criminal liability for actions
taken while assisting in the investigation or prosecution of
another person for conduct that, if true, would constitute an
offense punishable as a misdemeanor or felony under several
Code chapters. Code chapter 717B prohibits various forms
of animal mistreatment, including abuse, neglect, torture,
and injuring or interfering with a police service dog; Code
chapter 717C prohibits bestiality; and Code chapter 717D
prohibits animal contest events. The licensed veterinarian is
shielded from administrative, civil, or criminal liability for
cooperating in a criminal investigation; assisting a county
or city in rescuing a threatened animal; participating in a
civil proceeding to determine the disposition of an animal or
complying with a court order arising from that proceeding; or
providing evidence in an administrative, civil, or criminal
proceeding. The bill provides that the licensed veterinarian
is not subject to professional discipline by the Iowa
veterinary board for taking action that shields the licensed
-2-
LSB 2278HV (1) 89
da/jh 2/ 3

H.F. 623
veterinarian from liability. Finally, the bill provides that
a licensed veterinarian is immune from liability from a claim
based on an act by the licensed veterinarian while assisting a
municipality in rescuing a threatened animal.
BACKGROUND. The offenses in Code chapter 717B apply
generally to all nonhuman vertebrate animals, including dogs
and cats, unless specifically excluded. It does not apply to
livestock (Code chapter 717); game, fur-bearing animals, fish,
reptiles, or amphibians (Code chapter 481A), unless such animal
is owned, confined, or controlled by a person; or nongame
animals declared to be a nuisance by the natural resource
commission (Code chapter 481A). A local authority (city or
county) may rescue a threatened animal and a court may provide
for the disposition of that animal. A threatened animal
is an animal that has been abused, neglected, or tortured.
Code chapter 717C applies to any nonhuman vertebrate animal
without exception and the offense involves a person’s sexual
contact with the animal. Code chapter 717D also applies to any
nonhuman vertebrate animal without exception and the offense
involves a person participating in an event organized for
entertainment or profit where any animal is injured, tormented,
or killed.
-3-
LSB 2278HV (1) 89
da/jh 3/ 3