Conventional Report September 2022
This report shares short summary highlights of tracked legislative bills and rules & regulations that have seen activity in September 2022, as well as available board and state VMA updates.
The Table of Contents below is your clickable guide through this conventional monthly report. To see the report sorted by jurisdiction for a quick view, please visit September 2022 Updates by Jurisdiction.
Table of Contents
1. Legislative Activity
Note: Filtered into sections by bill status, then listed by bill topic in alphabetical order.
There are 7 passed bills, 0 introduced bills, 0 cross-overs, 0 hearings, and 2 dead bills.
1.1 Passed
There are 7 passed bills.
Animal Welfare
CA SB879 bans toxicological experiments on cats and dogs for pesticides and food additives.
Miscellaneous
CA SB971 to authorize a resident of the housing development to own or otherwise maintain one or more common household pets, as defined, within the resident’s dwelling unit, subject to applicable state laws and local government ordinances related to public health, animal control, and animal anticruelty. Establishes a low-income housing tax credit program pursuant to which the California Tax Credit Allocation Committee (CTCAC), provides procedures and requirements for the allocation, in modified conformity with federal law, of state insurance, personal income, and corporation tax credit amounts to qualified low-income housing projects.
Pharmacy
DC B24-0207 Changes licensure qualification by removing “an offense that is directly related to the practice of veterinary medicine, pursuant to a determination made under section 514(f)(2).” and inserting the phrase “an offense that is related to the occupation for which the license is sought, including an offense for animal cruelty.” in its place.
Reportable/Zoonotic Diseases
CA SB1029 creates the One Health Program and requires the State Department of Public Health and the Department of Food and Agriculture to jointly establish and administer the One Health Program for the purpose of developing a framework for interagency coordination in responding to zoonotic diseases and reducing hazards to human and nonhuman animal health, in accordance with the One Health principles set forth by the federal Centers for Disease Control and Prevention.
Veterinary – Cannabis
CA AB1885 requires the Veterinary Board to adopt guidelines by 01/01/24, or veterinarians to follow when recommending cannabis within the veterinarian-client-patient-relationship, and would require the board to post the guidelines on its internet website.
Veterinary Licensing
DC B24-0207 Changes licensure qualification by removing “an offense that is directly related to the practice of veterinary medicine, pursuant to a determination made under section 514(f)(2).” and inserting the phrase “an offense that is related to the occupation for which the license is sought, including an offense for animal cruelty.” in its place.
Veterinary Technician
CA SB1495 adds an Organization or a National Association of Veterinary Technicians in America-Recognized Veterinary Specialty to licensing qualifications.
1.2 Introduced
There are no introduced bills.
1.3 Crossed Over
There are no cross-overs.
1.4 Hearings
There are no hearings or upcoming hearings.
1.4 Dead
There are 2 dead bills.
Non-Economic Damages Related
CA AB1881 states that (a) Dogs and cats have the right to be respected as sentient beings that experience complex feelings that are common among living animals while being unique to each individual animal…(g) Ownership or guardianship of a companion animal requires an investment of time and resources. Selecting a companion animal that is suited to one’s home and lifestyle will lead to a more rewarding relationship between guardian and animal while reducing relinquished or abandoned animals in our communities. (h) Dogs and cats thrive with regular enrichment to maintain their physical and emotional well-being… (a) Dogs and cats have the right to be free from exploitation, cruelty, neglect, and abuse. (b) Dogs and cats have the right to a life of comfort, free of fear and anxiety. (c) Dogs and cats have the right to daily mental stimulation and appropriate exercise. (d) Dogs and cats have the right to nutritious food, sanitary water, and shelter in an appropriate and safe environment. (e) Dogs and cats have the right to preventive and therapeutic health care. (f) Dogs and cats have the right to be properly identified through tags, microchips, or other humane means. (g) Dogs and cats have the right to be spayed and neutered to prevent unwanted litters.
Pet Food
NY S09526 exempts pet food from the sales tax. For the purposes of this paragraph, the term “pet food” means food which is prepared and distributed for consumption by pets. For the purposes of this paragraph, “pet” means any domesticated animal normally maintained in or near the household of the owner thereof.
2. Rules & Regulations Activity
Rules and Regulation changes that have taken effect.
Adopted Rules
Notice of Intent to Readopt
Readopts rules in anticipation of IC 4-22-2.5-2, providing that an administrative rule adopted under IC 4-22-2 expires January 1 of the seventh year after the year in which the rule takes effect unless the rule contains an earlier expiration date. Effective 30 days after filing with the Publisher.
OVERVIEW: Rules to be readopted without changes are as follows:
|
|
|
| PROFESSIONAL COMPETENCE |
Notice of Amendment and Adoption
Licensure of Veterinary Technicians
R074-21A – Revises provisions relating to interns, externs and graduates awaiting
A REGULATION relating to veterinary medicine; interpreting the term “physical examination” for the purposes of provisions relating to the establishment of a veterinarian-client- patient relationship; increasing certain fees relating to licenses, registrations and permits issued by the Nevada State Board of Veterinary Medical Examiners in accordance with newly established biennial licensing and registration periods; providing for the reduction of such fees in certain circumstances; establishing biennial registration periods for a permit to operate a veterinary facility and certificates of registration to practice animal physical therapy or animal chiropractic; revising certain continuing education requirements to conform with biennial licensing and registration periods; removing the requirement that certain applications submitted to the Board be notarized; and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes the Nevada State Board of Veterinary Medical Examiners to adopt regulations to carry out the provisions of existing law governing the practice of veterinary medicine. (NRS 638.070, as amended by section 10 of Assembly Bill No. 200, chapter 186, Statutes of Nevada 2021, at page 875) Assembly Bill No. 200 of the 2021 Legislative Session (A.B. 200), which became effective on October 1, 2021, establishes the requirements that a veterinarian must satisfy for the purpose of having a veterinarian-client-patient relationship concerning an animal, including having adequate knowledge of the present care and health of the animal in order to provide a general or preliminary diagnosis of the medical condition of the animal. A veterinarian is authorized to acquire such knowledge by conducting a physical examination of the animal. (Section 3 of Assembly Bill No. 200, chapter 186, Statutes of Nevada 2021, at page 872 (NRS 638.1521)) Section 1 of this regulation provides that the Board will interpret the term “physical examination” for the purpose of such provisions. Section 2 of this regulation removes the requirements for establishing a veterinarian-client-patient relationship that are set forth in existing regulations. (NAC 638.0197)
A.B. 200 eliminates the requirement that an application for a license to practice veterinary medicine, surgery, obstetrics or dentistry in this State be notarized. (NRS 638.100, as amended by section 11 of Assembly Bill No. 200, chapter 186, Statutes of Nevada 2021, at page 876) Existing regulations require that certain other applications submitted to the Board be notarized. (NAC 638.0445, 638.0447, 638.0603, 638.0605, 638.742, 638.760, 638.810) Sections 5-10 and 12 of this regulation remove such a requirement.
A.B. 200 newly establishes a biennial renewal period for licenses issued pursuant to chapter 638 of NRS and requires a licensee to submit an application for the renewal of his or her license on or before May 15 of each odd-numbered year. (NRS 638.127, as amended by section 12 of Assembly Bill No. 200, chapter 186, Statutes of Nevada 2021, at page 877)
Existing regulations currently establish an annual renewal period for each permit to operate a veterinary facility and each certificate of registration to practice animal physical therapy or animal chiropractic and provide that such a permit and each such certificate of registration expires on January 1 of each year. (NAC 638.0605, 638.770, 638.820) Sections 8, 11 and 13 of this regulation, respectively, instead establish a biennial registration period and provide that such a permit and each such certificate of registration expires on June 30 of each odd-numbered year.
Existing regulations establish various fees relating to licenses, registrations and permits issued by the Board. (NAC 638.035) Section 3 of this regulation doubles the amount of certain existing fees in accordance with the newly established biennial licensing and registration periods. Section 3 also provides that if a license, registration or permit was issued on or after June 30 of the immediately preceding even-numbered year, the Board will reduce the renewal fee charged and collected for the license, registration or permit by 50 percent. Section 3 further provides that fees charged and collected by the Board are not refundable.
Existing law authorizes the Board to adopt regulations concerning requirements for continuing education. (NRS 638.070, as amended by section 10 of Assembly Bill No. 200, chapter 186, Statutes of Nevada 2021, at page 875) Existing regulations establish continuing education requirements for persons licensed to practice veterinary medicine or veterinary medicine as a diplomate and licensed veterinary technicians who wish to renew their licenses. (NAC 638.041) Section 4 of this regulation maintains such continuing education requirements for a person whose license was issued on or after October 1 of the immediately preceding even- numbered year, but otherwise doubles such continuing education requirements in accordance with the newly established biennial licensing period.
Existing regulations require that an application for the renewal of a certificate of registration to practice animal physical therapy or animal chiropractic include proof that the applicant satisfied certain continuing education requirements during the 12-month period immediately preceding the beginning of the new registration year. (NAC 638.770, 638.820) Sections 11 and 13, respectively, maintain such continuing education requirements for any such applicant whose license was issued on or after October 1 of the immediately preceding even- numbered year, but otherwise double the hours of continuing education that any such applicant must complete during the 24-month period immediately preceding the beginning of the new period of registration.
A.B. 200 revises the definition of the term “practice of veterinary medicine” to specify conduct that the term does not include. (NRS 638.008, as amended by section 6 of Assembly Bill No. 200, chapter 186, Statutes of Nevada 2021, at page 873) Section 14 of this regulation accordingly repeals the section of existing regulations that specifies the conduct that the term does not include. (NAC 638.0195)
3. Board Watch
Telemedicine: How does a practice navigate in this ever-changing environment – Part 1
The VCPR and Prescribing through Telemedicine – What does the CVBC Standard Say?
In exceptional circumstances, it may be reasonable to establish a VCPR via telemedicine but please be aware, the onus is on the veterinarian to use their professional judgement to justify such a decision. This means, if you should receive a complaint about the care you have provided via telemedicine, you will have to justify to a committee of your peers why you felt it was reasonable to provide the service via telemedicine.
Likewise, it establishes that prescribing via telemedicine where appropriate and justifiable can be done. The guidelines provide a more in-depth discussion of circumstances so please take a moment to review them.
More on the CVBC Telemedicine Guidelines here!
Does Telemedicine need to be associated with a practice facility?
Short Answer – Yes
Veterinarians providing veterinary services in BC must be registrants of the CVBC and must only provide veterinary services at/through CVBC-accredited practice facilities– the accommodation for telemedicine does not eliminate these requirements.
The primary focus of the CVBC when developing the telemedicine guidelines was the situation of a veterinarian using telemedicine as an additional tool to meet the needs of the clients and patients of their brick-and-mortar practice facility when in person access was difficult or not possible. The challenges associated with veterinary and veterinary team member shortages have further driven veterinarians and practices to explore solutions to support their clients and patients.
But what about telehealth platforms? In situations where veterinary services are being engaged through a telehealth platform and new VCPRs are being established via telemedicine, the intention is that the veterinarian does still have a brick-and-mortar facility through which a patient’s needs can be supported (whether by dispensing medication, performing diagnostics to supplement the telemedicine assessment findings, and coordinating in-person exams and treatments as necessary).
Refresh yourself on the CVBC VCPR Standard here!
Helpful guide on interpreting the VCPR Standard here!
How does a telemedicine prescription get filled?
How a telemedicine-issued prescription will be filled by the client (if circumstances make it impossible or impractical for the prescribing vet to dispense from their own practice facility) is a whole other question. The privilege of veterinarians to engage in the act of pharmacy (an activity regulated under the Health Professions Act by the College of Pharmacists of BC) is allowed through an exception in the BC Pharmacy Operations and Drug Scheduling Act (PODSA) that allows that a practitioner (physician, dentist, veterinarian) is not deemed to be engaging in the unauthorized practice of pharmacy when they dispense to their patients (or, in the case of veterinarians, to an owner for an animal); the College of Pharmacists of BC’s Standard for Dispensing Practitioners further clarifies that, with regard to veterinarians, this exception is specific to clients for their own patients. So the pharmacy act doesn’t permit veterinarians to engage in retail pharmacy, or to dispense medications based upon another veterinarian’s prescription.
So how would a client receive their prescribed medications?
Ideally, a client would have their prescription filled by their prescribing vet through their accredited practice facility. If the client is not “local” to the prescribing vet’s practice location, the veterinarian could consider use of a bonded courier (not standard mail) to deliver the dispensed medication to the client. If this isn’t possible or practical, the next best solution would be for the client to have it filled by a licensed pharmacist. However, given the preferred use of veterinary-labeled medications whenever possible, this is not always practical or possible. The CVBC recognizes that there will be situations where it is in the animal’s best interest for a veterinarian to dispense medication to a non-client/patient based upon another veterinarian’s prescription, but this should be confined to “extenuating and exceptional circumstances” and should satisfy the list of expectations set out in item (e) on page 3 of the CVBC’s Professional Practice Standard: Veterinarian-Client-Patient Relationship, in the discussion about “Exceptions to the Requirement for a VCPR”. In following the steps laid out in that part of the standard, the dispensing veterinarian is taking steps to establish a limited/narrow-scope VCPR with the owner and animal, in order to have sufficient understanding to make the professional decision to dispense the medication.
Do I have to fill a prescription given to my client (or to a non-client) from a veterinarian not affiliated with my practice facility?
Short answer – No
While a veterinarian can fill a prescription within the expectations set forth above with respect to extenuating and exceptional circumstances, they are not required to. If contacted by a veterinarian who is providing telemedicine services, or presented by an animal owner with a prescription written by a veterinarian via telemedicine or written by another veterinary practice, it is up to the veterinarian to decide whether they believe the expectations of the VCPR standard are satisfied and whether or not they feel comfortable and are prepared to fill it. It is important to recognize that your facility is not merely acting as a dispensary for another veterinarian. The veterinarian at your facility needs to authorize the dispensing (after considering the points in (e) of the VCPR standard), and that action is part of the practice of veterinary medicine.
Telemedicine is a rapidly developing and ever-evolving landscape right now. The CVBC is actively engaging in efforts to recognize what those developments are and how we can manage them from a regulatory perspective, and we do expect our standards and guidelines to evolve. If and when they do, veterinarians will be notified by eblast/newsletter and the updated documents will be uploaded to our website.
Stay tuned for Part 2 of our blog post which will discuss Telemedicine – medical records and ensuring continuity of care
NOTICE OF PROPOSED REGULATORY ACTION
Civil Penalties for Citations, 16 CCR § 2043
NOTICE IS HEREBY GIVEN
The Veterinary Medical Board (Board) is proposing to take the action described in the Informative Digest below, after considering all comments, objections, and recommendations regarding the proposed action
Copies of the Notice of Proposed Actions, the Initial Statement of Reasons, and the text of the regulations can be accessed through the Board’s website at https://www.vmb.ca.gov/laws_regs/proposed_regs.shtml
PUBLIC HEARING
The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Person” in this notice.
WRITTEN COMMENT PERIOD
Written comments relevant to the action proposed, including those sent by mail, facsimile, or e-mail to the addresses listed under “Contact Person” in this Notice, must be received by the Board at its office no later than Tuesday, October 4, 2022, by 5:00 p.m. or must be received by the Board at the hearing, should one be scheduled.
INFORMATIVE DIGEST / POLICY STATEMENT OVERVIEW
BPC section 4800.1 mandates that the protection of the public shall be the highest priority of the Board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. BPC section 4808 authorizes the Board, in accordance with the Administrative Procedure Act (Government Code section 11400 et seq.), to adopt, amend, or repeal such rules and regulations as may be reasonably necessary to enable it to carry into effect the provisions of the Veterinary Medicine Practice Act (Practice Act) (BPC section 4800, et seq.).
16 CCR section 2043 hinders the Board’s ability to fulfill its consumer protection mandate by unnecessarily limiting its citation and fine authority to violations occurring “while engaged in the practice.” Many violations occur outside of actual practice, but the current language forces the Board to either close cases with clear violations and take no action or pursue disciplinary action.
This proposed regulatory action is intended to address that problem by removing this limiting language from existing regulation and thereby enhancing the Board’s enforcement mechanisms and consumer protection by incentivizing compliance for less egregious violations.
This regulatory proposal will amend 16 CCR section 2043 to allow the Board to utilize citations and administrative fines in line with their intended purpose: as an enforcement tool to incentivize compliance when violations warrant more than an educational letter but do not rise to the level of formal discipline. It eliminates the Board’s self-imposed limitation to violations by striking the language “while engaged in the practice of veterinary medicine” from the current regulation which will allow the Board to exercise the broader authority provided in BPC section 125.9 to issue citations for any violations of the Practice Act.
The proposal would also make minor grammatical and other technical clean-up changes to 16 CCR section 2043’s introduction and subdivision (e) to help ensure greater comprehension of the Board’s regulations and ensure consistency with how the monetary fine is represented in other subdivisions of this section.
ANTICIPATED BENEFITS OF PROPOSAL
This regulatory proposal will enhance consumer protection by allowing the Board to issue citations for minor violations instead of limiting the Board’s options to either closing cases with no action when clear violations occurred or pursuing formal discipline. Citations are less time consuming and less costly for the Board and impacted licensees, and citations provide a more appropriate level of enforcement action for minor violations occurring outside the actual practice of veterinary medicine.
This regulatory proposal benefits the health, safety and welfare of California residents and their animals, because it strengthens the Board enforcement mechanisms and allows the Board to resolve less egregious violations in a more effective and efficient manner.
FISCAL IMPACT ESTIMATES
Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The Board anticipates annual workload and costs related to issuing approximately 50 additional citations per year, 5 appeals per year, and 2 cases per year requiring formal discipline with total costs of approximately $37,582 per year and up to $375,820 over a ten-year period.
The Board estimates citation and fine revenues of approximately $37,500 per year and up to $375,000 over a ten-year period.
The proposed regulations do not result in costs or savings in federal funding to the state. Please see the Initial Statement of Reasons for further information.
Nondiscretionary Costs/Savings to Local Agencies: None. While the Board provides licensure and regulates local animal hospitals, the Board does not anticipate issuing citations to these entities. As a result, the proposed regulations are not anticipated to result in a fiscal impact to local agencies.
Business Impact Estimates: The Board has made the initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. The following facts/relevant data were relied on in making the above determination:
• The regulations will only impact a small number of licensed veterinarians, registered veterinary technicians, and veterinary assistant-controlled substances permit holders for minor violations of the Practice Act as follows. There are approximately 15,400 veterinarians, 10,200 registered veterinary technicians, 9,000 veterinary assistant- controlled substance permit holders, and 4,200 premises registrations. The Board receives roughly 1,300 enforcement complaints and 160 conviction notifications per year. This proposal would only impact a small amount of those licensees who have had a complaint filed against them and the Board found minor violations that warrant more action than an educational letter but less action than formal discipline. The Board does not anticipate the creation or elimination of businesses as a result of the proposal.
• The Board anticipates approximately 50 additional citations will be issued per year as a result of the proposed regulations with an average fine amount of $750 per citation, which would result in costs of approximately $37,500 per year and up to $375,000 over a ten-year period.
• The Board further anticipates approximately 5 individuals receiving a citation will appeal the action and 2 individuals will proceed with formal disciplinary action. The Board does not have a cost estimate related to an individual appealing a citation or proceeding with formal discipline at this time. Please see the Initial Statement of Reasons for further information.
Cost Impact on Representative Private Person or Business: The Board anticipates approximately 50 additional citations will be issued per year as a result of the proposed regulations with an average fine amount of $750 per citation, which would result in costs of approximately $37,500 per year and up to $375,000 over a ten-year period. The Board further anticipates approximately 5 individuals receiving a citation will appeal the action and 2 individuals will proceed with formal disciplinary action. The Board does not have a cost estimate related to an individual appealing a citation or proceeding with formal discipline at this time.
Effect on Small Business: The Board has determined that the proposed regulations will not affect small businesses. The regulations will only impact a small number of licensed veterinarians, registered veterinary technicians, and veterinary assistant- controlled substances permit holders for minor violations of the Practice Act as described in the Business Impact Estimates section above.
RESULTS OF ECONOMIC IMPACT ASSESSMENT / ANALYSIS:
Impact on Jobs / Businesses: The Board has determined that this regulatory proposal will not have any impact on the creation of jobs or new businesses, or the elimination of jobs or existing businesses, or the expansion of businesses in the State of California because the proposed regulation will only impact a small number of licensees who commit minor violations of the Practice Act. In those cases, the licensees may be required to pay administrative fines, pursuant to 16 CCR section 2043. However, the fines assessed would be far less than the cost associated with defending disciplinary actions. While disciplinary actions may eliminate existing businesses, this proposal provides an alternative enforcement mechanism in the form of a citation and fine.
Benefits of Regulation: The Board has determined that this regulatory proposal will have the following benefits to the health and welfare of California residents and worker safety:
• This regulatory proposal benefits the health and welfare of California residents and their animals because it strengthens the Board’s enforcement mechanisms, which will lead to more swift, effective, and efficient action. It will also incentivize compliance for minor violations of the Practice Act.
• This regulatory proposal may improve worker safety as it would allow the Board to issue citations and fines for less egregious violations, many of which were created to promote worker safety, such as specific radiation safety protocols, equipment, and training. It will also incentivize premises owners and managing licensees to follow the proper safety protocols that may take place while not engaged in the practice of veterinary medicine, including radiation education and training requirements for workers.
This regulatory proposal does not affect the state’s environment because it focuses on a specific enforcement mechanism for minor violations of the Practice Act.
The following stakeholder meetings were held on August 29, 2022
Joint Stakeholder Meeting – August 29, 2022
The Division of Profession and Occupations held a Joint Stakeholder Meeting for all Healthcare Boards with Prescriptive Authority to allow stakeholders an opportunity to provide feedback on the implementation of Colorado House Bill 22-1115 (Concerning the Prescription Drug Monitoring Program, and, in connection therewith, making an appropriation).
Stakeholder Meeting – August 29, 2022
The State Board of Veterinary Medicine held a virtual Stakeholder Meeting to allow stakeholders an opportunity to provide feedback on multiple proposed revisions throughout the Board’s rules to 1) Clarify recordkeeping requirements; 2) Address concerns from the Office of Legislative Legal Services; 3) Implement Colorado House Bill 22-1235 (Concerning the continuation of the regulation of veterinary practice by the State Board of Veterinary Medicine, and, in connection therewith, implementing the recommendations of the 2021 sunset report on the “Colorado Veterinary Practice Act” by the Department of Regulatory Agencies, adding registration requirements for veterinary technicians, adding veterinary technicians to the State Board of Veterinary Medicine, allowing certain unlicensed individuals to administer rabies vaccinations, and making an appropriation); 4) Implement Colorado House Bill 22-1115 (Concerning the Prescription Drug Monitoring Program, and, in connection therewith, making an appropriation); and 5) Implement Senate Bill 22-116 (Concerning the ability of an individual to obtain an occupational credential through the Occupational Credential Portability Program).
Statement regarding Repeal of KBVE Policy 2104
At the September 2021 board meeting, the Kentucky Board of Veterinary Examiners (KBVE) passed Policy 2104 entitled “Appropriate Use of Anesthesia Drugs in Small Animal Medicine” as an informational statement meant simply to provide helpful guidance to veterinarians under Kentucky law and in response to numerous inquiries to the board about this topic. The policy was published on the KBVE website at www.kybve.com/practice-act.html under the drop-down heading “KBVE Policies”.
KBVE uses the publication of policies to push out information the board is considering for regulation to be embodied in the law in an amended administrative regulation under 201 KAR Chapter 16. A policy by itself is not legally enforceable. Policy incorporated in an administrative regulation of the board with notice and comment rulemaking under KRS Chapter 13A is enforceable and goes through a public comment period before being enacted into law. The KBVE has been publishing some policy in writing prior to the regulatory process in order to allow for a broader period of comment and feedback.
This particular policy was enacted in response to multiple complaint cases spanning more than a decade in which some licensees were performing spay/ neuters and using certain drugs as the sole anesthetic protocol, with no other support or monitoring and without any reversing agents following surgery. This situation (use of the drugs without support or reversing agents), was not clearly detailed in the published policy.
No feedback was received on Policy 2104 until May 3, 2022, when a concerned veterinarian contacted the KBVE with a single question about the policy. The licensee then took excerpts from the personal email response and posted these along with portions of the policy on the Veterinary Information Network (VIN). This resulted in a flood of comments to the board from across the country.
Members of the board reviewed all the feedback received at the May 2022 board meeting and KBVE Policy 2104 was repealed. That policy statement of the board is null and void with no legal effect or consequence.
The board agreed to have three members meet with a select group of concerned stakeholders, including leadership from the KVMA and the AVMA, as well as licensees operating high-volume spay/ neuters in Kentucky. That meeting was held July 21, 2022. As a result of this discussion, the board is going to look more specifically into the following areas before moving forward with any further initiative on this topic, which may result in amended administrative regulations.
- Review literature and studies provided from AVMA on this and related topics
- Review the frequency of and associated medical records from KBVE grievance cases where failures have occurred in the past
- Prepare a package of case files for submission to the FDA for review of adverse reactions to any drugs
- Meet with stakeholders and formulate basic standards of surgical care and post-op care for incorporation into regulation
- Develop inspection protocols to educate licensees on standards, and ensure appropriate information is being sent home with clients
If you have questions or concerns about this topic or other KBVE-related issues, please contact the board at Vet@ky.gov. Otherwise, please be aware of further changes in KRS Chapter 321 and the administrative regulations thereunder in 201 KAR Chapter 16.
2022-03 ~ LAC 46LXXXV.101.105 – Petition for Rule Modification [Source: Regulatory Proposal 2022-D]
- 10-06-2022 Board will vote on the amended rule giving specific instructions on how a petition for rule modification is to be submitted to the Board for review. Notice of Intent will be submitted to Occupational Licensing Review Commission (OLRC) once complete.
- TBD Notice of Intent submitted to Occupational Licensing Review Commission (OLRC).
2022-02 ~ LAC 46LXXXV.1101-1123.1031.307.700.702.714 – Preceptorship Requirement for DVM Licensure [Source: Regulatory Proposal 2022-C]
- 08-04-2022 Board voted to discontinue the preceptorship program as a requirement for DVM licensure. Notice of Intent will be submitted to Occupational Licensing Review Commission (OLRC) once complete.
- TBD Notice of Intent submitted to Occupational Licensing Review Commission (OLRC).
2022-01 ~ LAC 46LXXXV.303.803 – NAVLE Waiver, VTNE Waiver, & RVT State Jurisprudence Requirement [Source: Regulatory Proposal 2022-A]
- …
- 08-25-2022 OLRC approved the continuation of the promulgation process for the Final Rule.
- 09-01-2022 Second Report submitted to Senate and House Legislative Oversight Committees on Agriculture, Forestry, Aquaculture, and Rural Development.
02-285
BOARD OF VETERINARY MEDICINE
2022 – 2023 Regulatory Agenda
AGENCY UMBRELLA-UNIT NUMBER: 02-285
AGENCY NAME: Department of Professional & Financial Regulation, Office of Professional and Occupational Regulation, Board of Veterinary Medicine
CONTACT INFORMATION FOR THE AGENCY RULEMAKING LIAISON: Kristin Racine, OPOR Staff Attorney, 35 State House Station, Augusta, ME 04333, 207-624-8615, kristin.racine@maine.gov
EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.
EXPECTED 2022-2023 RULE-MAKING ACTIVITY: Review and update current rules on licensure for credentialed individuals from other jurisdictions to implement P.L. 2021, c. 167 and P.L. 2021, c. 642. Review and update current rules to discontinue the use of the terms “handicap,” “handicapped” and “hearing impaired” pursuant to P.L. 2021, c. 348. Adopt new rules to implement P.L. 2021, c. 291 governing telehealth services within the scope of practice of the licensee’s license. Telehealth rules shall establish standards of practice and appropriate restrictions for the various types and forms of telehealth services. The Board may review and amend for updates and compliance with current law the licensing requirements for veterinarians, veterinary technicians and veterinary relief service, continuing professional education, rules concerning misconduct and the treatment or care of animals, fraud, advertising, standards of competency, treatment records, recordkeeping, practice standards, sanitation and safety standards for the operation of veterinary hospitals, associations with other veterinarians, and unprofessional conduct. Continuing education changes may be subject to updates.
CHAPTER 1: Definitions and Advisory Rulings
STATUTORY BASIS: 5 M.R.S. § 9001(4); 32 M.R.S. §§ 4859(1) and (3), 4861, 4871(2)
PURPOSE: This chapter defines terms used throughout the Board’s rules and describes the Board’s procedures for issuance of advisory rulings. The Board may review this chapter for conformance with current statutes and make changes as needed.
SCHEDULE FOR ADOPTION: Within one year, if necessary.
AFFECTED PARTIES: Licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: N/A
CHAPTER 2: Licensure Requirements for Veterinarians and Permit for Performance of Relief Veterinary Service
STATUTORY BASIS: 32 M.R.S. §§ 4859(1), 4861(4), 4871(2)
PURPOSE: This chapter sets forth requirements for issuance of a license to practice veterinary medicine and permits for the performance of relief veterinary service including: application, education, experience, and references. The Board may review this chapter for conformance with current statutes and make changes as needed. The section on temporary permits will be repealed to conform to newly enacted law.
SCHEDULE FOR ADOPTION: Within one year, if necessary.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: N/A
CHAPTER 3: Registration Requirements for Veterinary Technicians
STATUTORY BASIS: 32 M.R.S. § 4859(6)
PURPOSE: This chapter establishes registration requirements and procedures for veterinary technicians. The Board may review this chapter for conformance with current statutes and make changes as needed.
SCHEDULE FOR ADOPTION: Within one year, if necessary.
AFFECTED PARTIES: Applicants for licensure.
CONSENSUS-BASED RULE DEVELOPMENT: N/A
CHAPTER 4: Continuing Professional Education for Veterinarians
STATUTORY BASIS: 32 M.R.S. §§ 4871(2), 4878(3)
PURPOSE: This chapter establishes requirements for continuing professional education for license renewal and the manner in which sponsored continuing education courses and programs are considered for approval. The Board may amend this chapter to conform to rules adopted by the Office of Professional and Occupational Regulation on the substantiation of continuing education by licensed practitioners. Rule amendment for implementation of P.L. 2017, c. 360 requires a veterinarian to complete one hour of continuing education every two years on the administration, prescription, and management of controlled substances, including benzodiazepine and opioid medications.
SCHEDULE FOR ADOPTION: Within one year, if necessary.
AFFECTED PARTIES: Licensees
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated
CHAPTER 5: Standards for Veterinary Practice Facilities and Record Keeping
STATUTORY BASIS: 32 M.R.S. § 4859(3)
PURPOSE: This chapter establishes appropriate safety, sanitation, and procedural guidelines for veterinarians and veterinary clinic operations. The Board may review this chapter for conformance with current statutes and to improve the manner in which veterinary clinics operate within the Board’s statutory authority and recordkeeping.
SCHEDULE FOR ADOPTION: Within one year, if necessary.
AFFECTED PARTIES: Licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: N/A
CHAPTER 6: Enforcement and Disciplinary Procedures
STATUTORY BASIS: 32 M.R.S. § 4859(3)
PURPOSE: This chapter sets forth enforcement and disciplinary procedures used by the Board. The Board may review this chapter for conformance with current statutes and make changes as needed.
SCHEDULE FOR ADOPTION: Within one year, if necessary.
AFFECTED PARTIES: Licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: N/A
CHAPTER 7: Code of Ethics
STATUTORY BASIS: 32 M.R.S. §§ 4859(2) and (3), 4864(11)
PURPOSE: This chapter establishes professional practice standards for the practice of veterinary medicine. The Board may review this chapter and make changes to reflect current practice expectations for the protection of the public being served.
SCHEDULE FOR ADOPTION: Within one year, if necessary.
AFFECTED PARTIES: Licensees and members of the public.
CONSENSUS-BASED RULE DEVELOPMENT: N/A
The Board discussed priorities for upcoming rule changes. They approved the prioritization of rules to be considered for change as follows:
- Senate Bill 2 of the 2021 Legislative Session
- Fee increases
- House Bill 56 of the 2022 Legislative session (6 month temporary license).
The following rules, adopted 06/21/22, become effective 09/11/22
VETERINARY Medical Examiners, Board of (Title 775)
Permanent Final Adoptions
Purpose and Procedures (Chapter 5) (1)
Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians (Chapter 10) (1)
Wholesaler/Distributor of Veterinary Prescription Drugs (Chapter 26) (1)
Discussion took place on what vet techs are allowed to do under the direct supervision of a licensed veterinarian and if the veterinarian regulations should be changed to reflect these allowances. Board unanimously agreed that what Vet Techs are allowed to do should remain at the discretion of the licensed veterinarian. Further, the Board also agreed that minor adjustments to the veterinarian regulations should be made to more clearly delineate what is considered the practice of veterinary medicine. RIDOH will work on the proposed language which will be reviewed by the veterinary board and submitted to ORR for public comment.
DEPARTMENT OF LABOR LICENSING AND REGULATION
Board of Veterinary Medical Examiners
Proposed
Definitions; Practice Standards for Licensed Veterinary Technicians and Unlicensed Veterinary Aides; Licensure and Examinations for Veterinarians ………………..pg. 64
Amending:
120-1. Definitions.
120-3. Licensure to Practice Veterinary Medicine.
120-8. Practice Standards for Licensed Veterinarians.
120-9. Practice Standards for: Licensed Veterinary Technicians; Unlicensed Veterinary Assistants.
Preamble:
The South Carolina Board of Veterinary Medical Examiners is considering proposing amendments to Chapter 120: to define “emergency animal patient” and “imaging” in Regulation 120-1; to update and clarify Regulation 120-9 regarding the practice standards for licensed veterinary technicians and revise and move practice standards for unlicensed veterinary aides to Regulation 120-8; and to clarify Regulation 120-3 in accordance with the statutes for licensure and examinations for veterinarians.
Section-by-Section Discussion:
120-1.A. – C. No change.
120-1.D. New. Add definition of emergency animal patient.
120-1.E. New. Add definition of imaging.
120-3.A. No change.
120-3.B. Strike “mailed” and replace with “sent”. Strike reference to “appropriate” describing educational institution.
120-3.B.(1)-(4) No change.
120-3.B.(5) Replace “State examination” with “application for licensure”.
120-3.C.(1) Strike “Board” from reference to the national exam. Combine information from existing sections (C)(1), (2), and (3) regarding the exam.
120-3.C.(2) Replace existing section (2) with guidance on applying for licensure if exam scores are older than five years before the date of application.
120-3.C.(3) Strike all.
120-3.C.(4) Renumber as (3) and strike through “payment of” adding “re” to the examination.
120-3.D. No change.
120-3.E. Strike section.
120-3.F. Re-letter as E and add electronic payment option.
120-3.G. Re-letter as F.
120-8.A.-C. No change.
120-8.D. New section on Supervision of Unlicensed Veterinary Aides.
120-9. Strike “Unlicensed Veterinary Assistants” from title. Strike “and Licensed veterinarians shall supervise the practice of licensed veterinary technicians and unlicensed veterinary assistance” as addressed in subsequent sections.
120-9.A. No change.
120-9.A.(1)(a) No change.
120-9.A.(1)(b) Strike “or dress” and replace with “of” in reference to equine teeth.
120-9.A.(2)(a) Add “immediate” before “recovery of anesthesia”.
120-9.A.(2)(b) Move prior sections (i) and (ii) under (b) to be a part of section (b).
120-9.A.(2)(b)(i) and (ii) Moved to (2)(b).
120-9.A.(2)(c) No change.
120-9.A.(2)(d)-(i) Strike all.
120-9.A.(2)(j) Re-letter as (d). Replace “Administer” with “Administration of rabies” referencing vaccines. 120-9.A.(3) and (3)(a) No change.
120-9.A.(3)(b) Replace “Initiate” with “Initiation”.
120-9.A.(3)(c) No change.
120-9.A.(3)(d) Replace “radiography” with “imaging”.
120-9.A.(3)(e)-(g) No change.
120-9.A.(3)(h) Strike “laboratory”.
120-9.A.(3)(i)-(j) No change.
120-9.A.(3)(k) Strike all and replace with “Administer blood or blood components as related to transfusions”. 120-9.A.(3)(l)-(r) New language.
120-9.A.(4) New language allowing other services to be performed under the appropriate degree of supervision of a licensed veterinarian.
120-9.A.(5) Renumber, previously (4). Add “Animal” to “Emergency Patient Care”. Strike “the following emergency patient care” and add “acute care for emergency medical conditions. In the event of a CPA or imminent CPA, a licensed veterinary technician may follow standing medical orders that have been established by a veterinarian until the patient is stabilized or a veterinarian can provide supervision.
120-9.A.(5)(a)-(f) Strike.
120-9.A.(6) Renumber, previously (5). Add “veterinary nurse” to the list of prohibited titles.
120-9.B. Strike existing language. Replace with “In accordance with S.C. Code Section 40-69-270(C), licensed veterinarians may delegate duties superseding the above scope of practice restrictions to licensed veterinary technicians holding specialty certification from the National Association of Veterinary Technicians in America’s Committee on Veterinary Technician Specialists. Duties must be within the specialty certification discipline.”
A Notice of Drafting was published in the State Register on July 22, 2022.
Notice of Public Hearing and Opportunity for Public Comment:
Should a hearing be requested pursuant to Section 1-23-110(A)(3) of the 1976 Code, as amended, such a hearing will be conducted at the Administrative Law Court at 10:00 a.m., on October 31, 2022. Written comments may be directed to Meredith Buttler, Administrator, Board of Veterinary Medical Examiners, South Carolina Department of Labor, Licensing and Regulation, Post Office Box 11329, Columbia, South Carolina 29211-1289, no later than 5:00 p.m., September 26, 2022. If qualifying requests pursuant to Section 1-23-110(A)(3) are not timely received, the hearing will be canceled.
Preliminary Fiscal Impact Statement:
There will be no cost incurred by the State or any of its political subdivisions for these regulations.
Statement of Need and Reasonableness:
DESCRIPTION OF REGULATION:
The proposed regulation would: define “emergency animal patient” and “imaging” in Regulation 120-1; update and clarify Regulation 120-9 regarding the practice standards for licensed veterinary technicians and revise and move practice standards for unlicensed veterinary aides to Regulation 120-8; and clarify Regulation 120-3 in accordance with the statutes for licensure and examinations for veterinarians.
Legal Authority: 1976 Code Sections 40-1-70, 40-69-60, and 40-69-70.
Plan for Implementation: The revised regulations will take effect upon approval by the General Assembly and upon publication in the State Register. LLR will notify licensees of the revised regulation and post the revised regulations on the agency’s website.
DETERMINATION OF NEED AND REASONABLENESS OF THE PROPOSED REGULATION BASED ON ALL FACTORS HEREIN AND EXPECTED BENEFITS:
The amendments are reasonable and necessary because they clarify and update the definitions and scope of practice for the licensed veterinary technicians and unlicensed veterinary aides as they relate to the animal health care tasks and supervision levels and to clarify the regulations with regard to the statutes for licensure and examinations for veterinarians. Additionally, the amendments are necessary to ensure that all providers of health care for animals are knowledgeable of the full extent of their abilities under the law in response to the present shortage of animal healthcare professionals.
DETERMINATION OF COSTS AND BENEFITS:
There is no cost incurred by the state for the promulgation of these regulations.
UNCERTAINTIES OF ESTIMATES:
There are no uncertainties of estimates concerning the regulations.
EFFECT ON ENVIRONMENT AND PUBLIC HEALTH:
These regulations will have no effect on the environment.
DETRIMENTAL EFFECT ON THE ENVIRONMENT AND PUBLIC HEALTH IF THE REGULATION IS NOT IMPLEMENTED:
There will be no detrimental effect on the environment and public health of this State if these regulations are not implemented.
Statement of Rationale:
The proposed regulation would: define “emergency animal patient” and “imaging” in Regulation 120-1; update and clarify Regulation 120-9 regarding the practice standards for licensed veterinary technicians and revise and move practice standards for unlicensed veterinary aides to Regulation 120-8; and clarify Regulation 120-3 in accordance with the statutes for licensure and examinations for veterinarians.
Text: The full text of this regulation is available on the South Carolina General Assembly Home Page: http://www.scstatehouse.gov/regnsrch.php. Full text may also be obtained from the promulgating agency.
Subject of Possible Rule Making: WAC 246-933-010 Definitions and 246-933-200 Veterinary client patient relationship (VCPR).
The veterinary board of governors (board) is considering establishing additional standards for telemedicine services. The board is considering amending WAC 246-933-200 and 246-933-010 and creating a new rule section.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.92.030.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In February 2022, the board received a rule-making petition requesting, at a minimum, that VCPR be established “either physically or through indirect supervision via remote video observation and guidance of an examination of the patient by a Washington State Licensed Veterinary Technician.” The petitioner clarified an option to allow the VCPR to be maintained between medically necessary examinations via telephone or other types of consultations. However, a rule change should prohibit the prescribing of Schedule II controlled substances without first performing a hands-on examination.
In March 2022, the board received [a] second rule-making petition requesting the board modify veterinary telemedicine rules to allow a veterinarian to prescribe preventative medicines without the requirement for an annual in-person examination of the animal.
The board will consider a third rule-making petition at their September 2022 business meeting requesting the board amend rules to allow VCPR virtually.
At its March 21, 2022, meeting, the board reviewed both rule-making petitions and agreed to begin rule making to consider changes to WAC 246-933-010, 246-933-200, and possibly adding [a] new section to set additional standards for veterinary telemedicine services. The board agrees there are areas of veterinarian services that may be appropriate for veterinary telemedicine. The rule-making petitions request specific changes; the board agrees to consider those requests during the rule-making process along with establishing new veterinary telemedicine standards.
Process for Developing New Rule: Collaborative rule making.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Loralei Walker, P.O. Box 47852, Olympia, WA 98504-7853 [7852], phone 360-236-4947, fax 360-236-2901, TTY 711, email loralei.walker@doh.wa.gov, website https://doh.wa.gov.
Additional comments: Notices will be emailed through the program’s GovDelivery interested parties list. To sign up, please go to https://public.govdelivery.com/accounts/WADOH/subscriber/new. Stakeholders will be invited to participate in meetings and rule drafting workshops. At the formal proposal stage of rulemaking, proposed rule language will be posted on the department’s rules comments website to receive public comment for the public hearing.
4. VMA Updates
How to prepare NOW for your October veterinary license renewal (and how CVMA can help!)
Veterinary license renewals are coming in fall of 2022, and CVMA is here to help you prepare! Take the stress out of your 2022 license renewal; check out our tips below for what you can do NOW to prepare for your upcoming renewal.
- Make plans to receive the required CE on substance use training. Based on legislation passed in 2019, the Colorado State Board of Veterinary Medicine is now requiring all opioid-prescribing veterinarians in Colorado to complete CE on four topics related to substance use prevention (including best practices for opioid prescribing, according to the most recent version of the Division’s Guidelines for Prescribing and Dispensing Opioids). CVMA is making this CE available to all CVMA members as a part of their membership dues (non-members may purchase the CE for $59.95 or become a CVMA member to get it for free). The CE from CVMA covers all four substance use prevention topics required by the State Board of Veterinary Medicine and is worth 1 hour of CE. Did you take this training for the 2020 Colorado licensing period? Wondering if you need to take it again? The answer is yes; the state of Colorado requires training on substance use prevention be completed EACH licensing cycle. CVMA has released new course material for this training to ensure the most relevant and accurate information is included. The CE is available on-demand in an online video format — click here to learn more.
- Still in need of hours? Schedule your in-person CE now. CVMA Convention is coming up in Keystone September 29-October 2 this fall. Earn up to 24 hours of CE over four days in Colorado’s mountains! Education covers small animal, equine, exotics, agricultural animal, and communication topics. Click here to learn more.
- Start collecting the documents you need to renew, and ensure you have backup documentation for the CE you have attended. Reduce the last-minute stress of tracking down your CE certificates — start collecting them now in a folder on your computer. Don’t have digital copies? Get a file folder and collect your documents in there. A little bit of pre-work can help you avoid a last minute scramble. Missing CE certificates from CE providers? Start contacting them now to get the documents you need by October 31.
- Make sure you have access to a laptop or desktop computer. DORA’s Online Services system is not compatible with mobile devices, and they strongly advise against using a smartphone or tablet to complete the renewal process. Make sure you have access to a laptop or desktop computer with the most up-to-date version of Google Chrome or Internet Explorer 10 or later.
- Mark your calendar. All Colorado veterinarian licenses expire on October 31 of even-numbered years. Online license renewals open approximately 6 weeks prior to the license expiration date.
Note: Colorado only allows 6 hours of non-biomedical CE to be applied to 2022 license renewal; however, this will change for the 2024 licensing cycle due to the 2022 practice act renewal and up to 16 hours of non-biomedical CE will be able to be applied for that licensing cycle.
Questions about your veterinary license? Contact DORA at dora_dpo_licensing@state.co.us.
How we’re helping animals and people during natural disasters
The FVMA is partnering with the Florida Department of Agriculture and Consumer Services and the University of Florida College of Veterinary Medicine in maintaining the Florida Veterinary Corps, a volunteer program that provides veterinary assistance following emergencies.
“The cooperation between a state association, university and government is vital to protect animal health and well-being,” says Jim Naugle, the FVMA’s executive director.
The Florida Veterinary Corps asks veterinarians and veterinary technicians who are willing to volunteer to respond to animal emergencies in Florida. Volunteers will be kept informed as to the status of emergencies and the need for volunteers depending upon the specific emergency and can most often see activation proceeding natural disasters.
Volunteers may serve in veterinary infrastructure assessment teams, in triage or emergency animal treatment teams and in animal disease surveillance or control teams under an incident command system.
The Florida Veterinary Corps aims to emphasize animal care. In times of emergency, federal or other outside assistance regarding a high-risk animal disease emergency may not be available for hours or days.
“What we learned, especially after Hurricane Katrina hit New Orleans, was that if people did not have an option for their pet, they were not going to leave them behind,” says FVMA Disaster Response Committee Chair Terry Clekis. “People stayed behind.”
The PETS Act is a 2006 federal law requiring disaster relief plans to “account for the needs of individuals with household pets and service animals before, during, and following a major disaster or emergency” for states to receive federal funding for their disaster relief plans. Florida’s plan accounts for animal assistance, but Clekis says aiding animals during a disaster is an essential responsibility of the veterinary profession.
“Medical care is both healing and preventative,” Clekis says. “Preventative healthcare is integral to what veterinary medicine is, and part of that is ensuring family disaster plans include pets.”
The Florida Veterinary Corps is a continuation of the increased emphasis on the effects of pets on human well-being. Over the past several decades, domesticated animals transitioned to household pets from their previous primary roles of helping tend farms.
Volunteers have had the opportunity to participate in the Florida Veterinary Corps since its establishment, and it now will see increased capacity to catalog veterinarians as it becomes overseen by Florida’s singular state veterinary association.
The Florida Veterinary Corps is a component of the Florida Department of Agriculture and Consumer Services under its Florida State Agricultural Response Team. The FVMA will host the application online while maintaining the volunteer list year-round. It also provides a list of resources for veterinarians to use in advance of an impending natural disaster.
Those resources are available for all without requirements or restrictions, but Florida Veterinary Corps volunteers must complete four Incident Command System trainings to be eligible. The Federal Emergency Management Agency provides the courses online, free of charge. It is estimated to take 12.5 hours total to complete all four courses.
Volunteers will only be activated in response to specific emergencies. Volunteers called upon may decline service at any time.
“Protecting agriculture in Florida begins locally and requires cooperation, participation, and partnership,” says LeiAnna Tucker, emergency programs manager for the Florida Department of Agriculture and Consumer Services, Division of Animal Industry.
Upcoming Events
Notice of Amendments to the IVMA Articles of Incorporation
The Iowa Veterinary Medical Association is a corporation governed by Articles of Incorporation and By-Laws. The Articles of Incorporation can be amended by the vote of two-thirds of the members of the Corporation present and voting at any Annual Meeting. A summary of the major changes can be found here. The amendments have been reviewed by IVMA legal counsel and approved by the Executive Board. A vote will take place at the Annual Meeting of the Corporation at lunch on Thursday, September 29 at the IVMA Annual Meeting in Ames.
FIP Diagnosis Guidelines
The American Association of Feline Practitioners and EveryCat Health Foundation Announce Feline Infectious Peritonitis (FIP) Diagnosis Guidelines
BRIDGEWATER, NJ; WYCKOFF, NJ; September 1, 2022 – The American Association of Feline Practitioners (AAFP) and EveryCat Health Foundation have released the 2022 AAFP/EveryCat Feline Infectious Peritonitis Diagnosis Guidelines. These landmark Guidelines are published in the Journal of Feline Medicine and Surgery and will provide veterinarians with the essential information necessary to provide a FIP diagnosis in cats. FIP is a viral disease that can affect any organ in the body and is caused by a feline coronavirus (FCoV).
Free Webinar! NJ Department of Health to Provide Update on SARS
September 2022
NJVMA is proud to announce it is teaming with the NJ Department of Health to provide an important update on zoonotic diseases, including SARS-CoV-2 in animals. This webinar will take place Wednesday, October 19, at 7 pm Eastern, as part of NJVMA’s Evenings With Experts webinar series. NJVMA Members can register at no cost and will earn 1 CE unit toward their license renewal for attending the live event.
In this one-hour webinar, NJ State Public Health Veterinarian Darby McDermott will provide an overview and update on SARS-CoV-2 in animals. As the COVID-19 pandemic has continued, many species of animals have been found to be infected with SARS-CoV-2 worldwide. This webinar will review SARS-CoV-2 from a one health perspective; various topics such as animals that have been infected in NJ, potential clinical signs, testing procedures, and methods to prevent spread of SARS-CoV-2 in settings such as wildlife rehabilitation centers or other animal facilities will be covered. Other reportable zoonotic diseases in NJ will also be discussed. We will cover One Health theory, and establish points of contact for the various state agencies when there are questions on emerging zoonotic diseases or other reportable conditions.
More information is needed to understand how SARS-Cov-2 will continue to impact animals and humans. Veterinarians are critical members of the public health community and this webinar will serve as a way to remind veterinarians how to contact public health authorities for reportable zoonotic diseases in NJ and other emerging zoonotic concerns.
As a result of this webinar, you will:
- Understand the SARS-CoV-2 pandemic from a One Health perspective and know the indications for testing animals for SARS-CoV-2.
- Know how to contact NJDOH, NJDA, and NJDEP and find information from these agencies, particularly as it pertains to SARS-CoV-2 or other emerging zoonotic diseases.
- Recognize reportable zoonotic diseases in domestic companion animals.
There is no fee for this webinar, but registration is required. Capacity is limited, so register early!
NYSVMS 2022 End of Session Update
The New York State Veterinary Medical Society (NYSVMS) represents thousands of veterinarians across the state and is the acknowledged and respected voice for the profession of veterinary medicine in New York State. Our mission is to protect, promote, and advance the science and profession of veterinary medicine and to work to ensure that New Yorkers have access to the highest caliber veterinary care available.
The NYSVMS Government Relations Committee, in collaboration with legislative counsel and the Grassroots Legislative Network (GRLN), advocates on behalf of the profession of veterinary medicine by monitoring legislation introduced by the state legislature that has a direct impact on the profession’s practice. NYSVMS held its third lobby day in May 2022. Board members met with Assemblymembers and Senators to discuss issues of importance to veterinarians and veterinary practice in New York State.
The legislative session began in January and most of the focus was on the state budget until the new fiscal year started April 1st; then the legislature’s focus shifted to non-fiscal issues until the session concluded in June.
The 2022 legislative session was the second year of the 2-year legislative session calendar so at the end of the calendar year all bills that have been introduced will “die” and when the legislature returns to session at the beginning of 2023 all bills will need to be reintroduced. Please see below for the status of the bills on the NYSVMS 2022 Legislative Agenda and other items of importance.
Strengthening a Veterinarian’s Ability to Treat Patients in a Timely Manner
NYSVMS continues to work on the issue of ensuring compounded medications are available for dispensing to patients.
NYSVMS strongly supports legislation sponsored by Senator Skoufis (S.4247-A) and Assemblymember Zebrowski (A.6704) that would permit a veterinarian to keep compounded drugs in stock for office use and sale pursuant to a non-patient specific regimen. While this bill did not pass in either the Senate or Assembly this year, NYSVMS continued to have important and productive conversations with legislators and offered amendments that would better articulate the goal of the legislation. NYSVMS has furnished answers to many questions from the legislature about compounding itself and the ability of veterinarians to dispense medications and has shared numerous examples of the challenges veterinarians face when it comes to treating patients with compounded medications. An important development occurred this spring when the FDA released final guidance on animal compounding, but the release of this guidance raised new questions and concerns from the State Education Department. We will continue to meet with sponsors, legislative chairs, and the State Education Department on this important issue and will address all questions and concerns until a final resolution has been reached.
Protecting a Veterinarian’s License to Practice Veterinary Medicine
NYSVMS worked throughout the 2022 session to combat legislation that would restrict or prohibit the performance of specific procedures or the use of particular medicinal protocols:
- Senator Gianaris (S.1125) and Assemblyman Zebrowski (A.2012) continue to sponsor legislation that would prohibit bark softening in dogs unless performed by a veterinarian where the procedure is medically necessary for a dog. NYSVMS strongly believes bark softening is a medical decision which should be left to the sound discretion of fully trained, licensed, and state supervised veterinary professionals operating within appropriate standards of practice. Further, NYSVMS already discourages bark softening unless the procedure is medically necessary for a dog, is a last alternative to euthanasia, or when the animal will be surrendered by the owner if the procedure is not performed. Therefore, NYSVMS believes the determination to perform bark softening should be done on a case-by-case basis where specifics of the situation can be reviewed and evaluated, rather than having a ban placed on the procedure altogether. A new bill, S.9445, was introduced by Senator Gianaris in May 2022; the new legislation contained amendments previously sought by NYSVMS. While the amendments included in S.9445 did not wholly encompass the changes recommended by NYSVMS, it did include most. The Senate passed this legislation, but the Assembly did not pass the bill; NYSVMS will continue to monitor this issue moving forward and to oppose an outright ban on bark softening.
- Legislation that would restrict the use of medically important antimicrobials in food-producing animals (S.2871-A, Senator Kavanagh/A.3493-A, Assemblymember Rosenthal and S.8847/A.10097 by the same sponsors) did not move during the legislative session. These bills have the potential to restrict the practice of food animal veterinarians in a manner that could have a detrimental impact on animal welfare. The bills would also establish an onerous set of reporting requirements. NYSVMS looks forward to continued discussions on these bills and the opportunity to continue to educate legislators about the use of medically important antimicrobials in food-producing animals and the guidelines followed by veterinarians to ensure use only as necessary.
- A bill that would require informed consent for euthanasia and limit the use of intracardiac injection (S.6209, Senator Serrano) never gained an Assembly sponsor and did not move during the 2022 legislative session. This legislation would require extensive conversation with a client whose pet required euthanasia, including discussion of all alternatives available, the benefits and risks of each method, and the negative impacts on an animal. NYSVMS has explained the challenges of this legislation to the sponsor and proposed amendments to the language that should be adopted if the bill moves forward. NYSVMS will continue to monitor this bill and ensure that conversations with the sponsor continue.
Protecting Veterinarians from Liability
NYSVMS has successfully opposed legislation that would impose additional liability on a veterinarian; NYSVMS has also worked with legislators to improve the language of bills that would expose veterinarians’ liability.
- Assemblymember Glick has long sponsored legislation (A.5779) that would establish a civil cause of action for wrongful death of a companion animal brought by a guardian for the animal that would be appointed by the court. Senator Brisport sponsors S.6027-B, which is very similar to Assemblymember Glick’s bill, and Assemblymember Rosenthal also carries a similar bill (A.3732). NYSVMS has closely monitored and opposed this type of legislation for many years on the basis that the bill could lead to costly court-ordered damages and could change the way SPCAs and animal control officers deal with injured, dangerous, or otherwise unadoptable animals. Passage of a guardianship or cause of action bill could also lead to lawsuits based on certain accepted veterinary practices. Neither house moved these bills out of Committee in 2022; NYSVMS will continue to oppose guardianship legislation in future sessions.
- Buoy’s Law (S.1289-B, Senator Brooks, and A.4978-B, Assemblyman Englebright) was originally drafted to impose a requirement on veterinarians prescribing or otherwise providing medication for an animal to notify the owner verbally and in writing of the potential risks and side effects of the medication. Through discussion with NYSVMS, the sponsors amended the legislation to more closely mirror the law in California; instead of requiring extensive disclosure, the bill was amended to require veterinarians share the name and description of a drug, directions for use and, if applicable, actions to be taken in the event of a missed dose, manufacturer instructions for proper storage (where available), any common reasonably anticipated adverse effects associated with the use of such drug and, if available, manufacturer precautions and relevant warnings. This bill passed both houses of the legislature; at the time of this writing, it has not yet been delivered to the Governor for signature or veto.
Animal Welfare
NYSVMS supported legislation creating standards for animal shelters and rescues in New York State.
The Companion Animal Care Standards Act for Shelters and Rescues (S.6870-B, Senator Addabbo, and A.6246-C, Assemblymember Paulin) requires that all animal shelters and rescues be licensed by the Department of Agriculture and Markets to ensure safe and humane conditions. The bill also creates a licensing and inspection program for regulated entities and requires licensed entities to provide training to all staff members and volunteers. This bill passed both houses of the legislature; at the time of this writing, it has not yet been delivered to the Governor for signature or veto.
Buoy’s Law – Keep a record when you disclose drug side-effects
For many years NYSVMS has opposed a NY State Bill known as Buoy’s Law that relates to the disclosure of the side-effects of animal medications.
The concern we have about bills that we oppose each session, year after year, is that eventually something unusual might happen that leads to the bill passing. For example after years of successfully opposing the cat declawing ban, there were some special circumstances during the 2019 session that made it easier for the bill to be passed.
Sometimes there is an option where instead of opposing a bill, we get the opportunity to work with the sponsors on the language so that they can get a bill passed that it is important to them, but with language that is acceptable to veterinarians. This can often be better than being left out of the conversation entirely so that if a bill does make it through the result is very damaging.
As a result of NYSVMS negotiations the version of Buoy’s Law that has been accepted by the NYS Legislature is very different from the bill that we were strongly opposing in prior years. The revised bill simply requires veterinarians to inform the owner about any common reasonably anticipated adverse effects associated with the medication, which is consistent with currently best-practice. (This replaces the earlier language that required a veterinarian to provide a written description of all the “potential risks and side-effects”.)
The bill has not yet been signed by the Governor. Once it is signed it will not become law for another 180 days.
The full text of the bill can be found here: S1289 A4978
We recommend that members note in the treatment record that they have advised the client of the potential risks and side-effects.
The other information that the new bill requires are very similar to the existing prescribing and dispensing requirements in the NY Pharmacy Laws:
- The name and the description of the drug
- Directions for use
- If available, manufacturers instructions for proper storage*
- If available, manufacturer precautions and relevant warnings*
*These only apply if the manufacturer has provided information for the specific species the drug is being prescribed for.
Like many laws – this one is broad in nature, and we are expecting regulation to be published that clarify some of the situations that are unclear.
A similar bill was passed in California in recent years, and several vendors have products to help veterinarians go well beyond compliance. For example, our affiliate partner LifeLearn has included drug information handouts in their ClientEd product. Once the bill is closer to becoming law we will provide more information to learn about these products.
5. Pharmacy Board Updates
There are no Pharmacy Board Updates at this time.