Jurisdiction Report February 2023

Monthly reports share short summary highlights of tracked legislative bills and rules & regulations that have seen recent activity, as well as available board and state VMA updates.

There are two report views available! The February 2023 Conventional Report sorts the same reported items by activity and topic.

Updates by Jurisdiction

There are 2 passed bills, 97 introduced bills, 9 cross-overs, 3 bills with significant action, and 6 dead bills.

Alaska

Rules and Regulations

Alaska Administrative Code – Title 12 – Department of Commerce, Community, and Economic Development regulations re: Board of Veterinary Examiners – Temporary Military Courtesy License

Filing notification
Title 12 - Department of Commerce, Community, and Economic Development regulations re: Board of Veterinary Examiners – Temporary Military Courtesy License
(12 AAC 68)
Department of Law file number: 2022200183

Filed: 12/30/2022
Effective: 1/29/2023   
Published in Register: 245, April 2023

Arizona

Passed Bill (1)

State Board

AZ SB1523 appropriates $770,500 to the Arizona State Veterinary Medical Examining Board.

Introduced Bills (9)

Agriculture

AZ HB2762 – Currently, the director, with the advice of a state veterinarian, has the power to make rules governing the importation, manufacture, distribution, etc. of this state’s serums, vaccines, virulent blood, etc. for treatment of animals and poultry. ADDS TO ABOVE CLAUSE: “this paragraph does not authorize the director or the state veterinarian to require or administer a messenger ribonucleic acid vaccine that has not received full approval from either the United States Department of Agriculture or the United States Food and Drug Administration or, their successor agencies. For the purposes of this section, full approval does not include emergency approval.”

State Boards – Appropriations

AZ HB2570 – Appropriates $8,000,000 to the college of veterinary medicine. The amount appropriated to the college of veterinary medicine line item shall be distributed to the college of veterinary medicine to increase the number of students that are residents of this state. Before spending these monies, the University of Arizona shall report to the joint legislative budget committee all of the following information for the college of veterinary medicine: the current number of students who are residents of this state, and the current number of students who are not residents of this state.

State Boards – Membership/Miscellaneous

AZ SB1394 – Increases the veterinary board to six members, and adds a veterinary specialist, and humane society representative. The board shall notify a complainant in its initial contact with the complainant that during an investigative hearing or meeting before the board the veterinarian may be represented by an attorney and the complainant may bring an attorney to the hearing or meeting.

AZ HB2190 – A. Notwithstanding any other law, the following information shall be available to the public on each health profession regulatory board’s public website:

A list of licensees or certificate holders that includes the licensee’s or certificate holder’s place of practice, license or certificate number, date of license or certificate expiration, and status of license or certificate.
A list of official actions taken by the board against each licensee or certificate holder, including advisory letters, nondisciplinary orders, consent agreements, letters of reprimand, decrees of censure, periods and terms of probation, and any other disciplinary or nondisciplinary action taken by the board.
Each place of practice or business that employs a licensee or certificate holder as a health professional.
Each health profession regulatory board’s public website shall be searchable by the name of the licensee or certificate holder and by the licensee’s or certificate holder’s place of practice or employer.

Veterinary – Malpractice

AZ SB1383 – Adds the following to unprofessional conduct:

(a) The failure of a licensed veterinarian who examines an animal to provide the animal’s owner or caretaker with all the known medical information about the animal that is relevant to the animal’s health, including disclosing all of the animal’s known medical issues that are necessary for the owner or caretaker to make a fully informed decision whether to pursue further treatment of the animal with that licensed veterinarian or with another veterinarian.

(b) The failure of a licensed veterinarian to supervise unlicensed persons whom the licensed veterinarian authorizes to perform an invasive procedure, including inserting endotracheal tubing, administering medication intravenously, or performing any other invasive procedure, on an animal if the procedure results in serious injury or death to the animal.

Making a false statement on or altering any document, record, or report concerning the medical treatment of an animal.

Failure to provide records or copies of records of veterinary medical services, including copies of radiographs, to the owner of or another licensed veterinarian currently providing veterinary medical services to an animal within ten days after the date of the owner’s or licensed veterinarian’s request or in less than ten days if the animal’s medical condition requires.

A person has a private right of action in court against a licensed veterinarian if the person is in a veterinarian-client-patient relationship with the licensed veterinarian and the licensed veterinarian either:
does not fully disclose all of the known information about the animal’s medical condition to the person, resulting in the person delaying the pursuit of additional veterinary care for the animal to save the animal’s life or diminish the animal’s suffering.
allows an unlicensed person to insert endotracheal tubing, administer intravenous medication or perform any other invasive procedure on an animal without the direct supervision of the licensed veterinarian, and the procedure results in serious injury to or death of the animal.
a person who prevails in a private right of action under this chapter is entitled to the following:
for the death of an animal, the fair market value of the animal or the reasonable replacement cost of the animal, whichever is greater, and the cost of all medical expenses for the animal relating to the action described in subsection a, paragraph 1 or 2 of this section.
for serious injury to an animal, the cost of all medical expenses for the animal relating to the action described in subsection a, paragraph 1 or 2 of this section, including ongoing care.

Veterinary – Taxes Issues

AZ HB2735 – Levies 1% of tax base for veterinary and pet care services. The tax imposed by this article is levied and shall be collected at the following rates: one percent of the tax base as computed for the business of every person engaging or continuing in this state in the services classification described in section 42-5077. 42-5077 – services classification. The services classification includes veterinary services and pet care services that are not considered veterinary services.

Veterinary – PMP

AZ SB1194 – A. A licensed veterinarian may appoint a person who is not a veterinarian licensed pursuant to section 32-2212 as a certified rabies vaccinator to participate in county rabies control programs in which a licensed veterinarian is not available.
b. The state veterinarian shall provide in-person training to each person appointed to administer rabies vaccines pursuant to subsection A of this section. On satisfactory completion of this training, the licensed veterinarian who made the appointment shall certify in writing that the person has demonstrated the knowledge and skills acceptable to administer rabies vaccines.
c. Initial certification of rabies vaccinators under this section is valid for one year. Subsequent certifications under this section are valid for two years and must be renewed as prescribed by the state veterinarian pursuant to section 11-1002.

AZ SB1461 – A licensed veterinarian may annually draw a rabies antibody titer to determine whether to administer a rabies booster vaccine to a dog.

Crossed Over Bill (1)

State Appropriations

AZ SB1134 – The sum of $4,292.76 is appropriated from the veterinary medical examining board fund established by section 32-2205, Arizona Revised Statutes, in fiscal year 2022-2023 to the Arizona state veterinary medical examiners board to pay Central Services Bureau.

Arkansas

Passed Bill (1)

Veterinary Technician Specialist

AR HB1182 – Provides licensing requirements for vet tech specialists and supervision by vets, including direct, indirect, and immediate. Provides certification for prescription authority. Defines collaborative practice agreement, which is between a vet and a vet tech specialist. Requires vet tech specialists to complete 8 hours of continuing education. Cannot establish a separate office under the control of a vet tech specialist. No more than 3 agreements with vet tech specialists at one time. Can establish a VCPR, diagnose, and again, prescribe. No limitation on controlled substances. (b)(1) The board may grant a certificate of prescriptive authority to a veterinary technician specialist who:
(A) Holds a current and active certification as a veterinary technician specialist in this state;
(B) Submits proof of having entered into a collaborative practice agreement with a collaborating veterinarian; and
(C) Acknowledges in writing that he or she is familiar with all state and federal laws and rules regarding prescribing and agrees to comply with those state and federal laws and rules.

Introduced Bills (3)

State Board – Appropriations

AR SB83 Appropriates to the Board of Veterinary Medicine: $135,758

Funds a state vet and vet specialist.

Veterinary – PMP

AK HB56/ SB51 – Removes the veterinary board and animal prescriptions from the PMP statutes, presumably exempting vets from the PMP, which has been considered the past few years. (v) This section does not apply to a schedule II, III, or IV controlled substance prescribed or dispensed by a veterinarian licensed under AS 08.98 to treat an animal.

Bill with Significant Action (1)

Veterinary – Telemedicine/VCPR

AR SB5 – Hearing held 02/14/23 Senate Agriculture, Forestry & Economic Development. Adds this language to the Veterinary Medical Examining Board’s authority to promulgate rules for telemedicine: to mirror the Telemedicine Act, § 17-80-30 401 et seq., including without limitation the establishment of a professional relationship.

British Columbia

Board Watch

Check out the College of Veterinarians of British Columbia’s page: Dr. Megan and Crew’s Regulatory Review for regulatory questions and answers pertaining to veterinary medicine.

California

Board Watch

California Board Update

Colorado

Rules and Regulations

 CCR 727-1 VETERINARIAN AND VETERINARY TECHNICIAN RULES AND REGULATIONS (DOC)

EmergencyJustificationPathAttach2023-00021.pdf

Exp. 5/9/23

1.18 EXPANDED SCOPE OF PRACTICE FOR VETERINARIANS PURSUANT TO THE GOVERNOR’S EXECUTIVE ORDER D 2023 001

Basis. Through Executive Order D 2023 001, amending and extending Executive Orders D 2021 122, D 2021 124, D 2021 125, D 2021 129, D 2021 132, D 2021 136, D 2021 139, D 2021 141, D 2022 003, D 2022 010, D 2022 013, D 2022 017, D 2022 020, D 2022 028, D 2022 035, D 2022 037, D 2022 038, D 2022 040, D 2022 043, D 2022 044 and D 2022 045, Governor Jared Polis temporarily suspended the emergency rulemaking authorities for the State Board of Veterinary Medicine (“Board”) set forth in section 24-1-122(3)(y), C.R.S., and directed the Executive Director of DORA, through the Director of the Division of Professions and Occupations (Division Director), to promulgate and issue temporary emergency rules consistent with the Executive Order.  The basis for these emergency rules is Executive Order D 2023 001 issued by Governor Jared Polis pursuant to the Colorado COVID-19 Disaster Recovery Order and Article IV, Section 2 of the Colorado Constitution, and the Colorado Disaster Emergency Act, sections 24-33.5-701, et. seq., C.R.S.
Purpose. These Emergency Rules are adopted by the Executive Director of the Department of Regulatory Agencies, through the Division Director, to effectuate Executive Order D 2023 001, amending and extending Executive Orders D 2021 122, D 2021 124, D 2021 125, D 2021 129, D 2021 132, D 2021 136, D 2021 139, D 2021 141, D 2022 003, D 2022 010, D 2022 013, D 2022 017, D 2022 020, D 2022 028, D 2022 035, D 2022 037, D 2022 038, D 2022 040, D 2022 043, D 2022 044 and D 2022 045, and directing the immediate expansion of the workforce of trained medical personnel available to provide healthcare services within inpatient facilities due to the coronavirus disease 2019 (COVID-19) pandemic in Colorado.
Expanded Scope of Practice. Veterinarians may perform services while working in a hospital or inpatient facility as delegated by physicians, physician assistants, advanced practice registered nurses, certified registered nurse anesthetists, professional nurses and respiratory therapists.
Veterinarians are authorized to perform delegated services upon adequate cross-training as determined necessary by the hospital or inpatient facility.
Veterinarians shall not accept delegation of a service for which the licensee does not possess the knowledge, skill, or training to perform.
Veterinarians shall not perform a delegated service for which the licensee does not possess the knowledge, skill, or training to perform.
Delegated services shall not be re-delegated to another person or licensee by the delegatee.
Veterinarians shall not prescribe or select medications, perform surgical or other invasive procedures, or perform anesthesia services outside of the statutory scope of practice regardless of delegation.

1.19 EXPANDED SCOPE OF PRACTICE FOR VETERINARIANS IN ORDER TO ADMINISTER VACCINATIONS PURSUANT TO THE GOVERNOR’S EXECUTIVE ORDER D 2023 001

Basis. Through Executive Order D 2023 001, amending and extending Executive Orders D 2021 122, D 2021 124, D 2021 125, D 2021 129, D 2021 132, D 2021 136, D 2021 139, D 2021 141, D 2022 003, D 2022 010, D 2022 013, D 2022 017, D 2022 020, D 2022 028, D 2022 035, D 2022 037, D 2022 038, D 2022 040, D 2022 043, D 2022 044 and D 2022 045, Governor Jared Polis temporarily suspended the emergency rulemaking authorities for the State Board of Veterinary Medicine (“Board”) set forth in section 24-1-122(3)(y), C.R.S., and directed the Executive Director of DORA, through the Director of the Division of Professions and Occupations (Division Director), to promulgate and issue temporary emergency rules consistent with the Executive Order.  The basis for these emergency rules is Executive Order D 2023 001 issued by Governor Jared Polis pursuant to the Colorado COVID-19 Disaster Recovery Order and Article IV, Section 2 of the Colorado Constitution, and the Colorado Disaster Emergency Act, sections 24-33.5-701, et. seq., C.R.S.
Purpose. These Emergency Rules are adopted by the Executive Director of DORA, through the Division Director, to effectuate Executive Order D 2023 001, amending and extending Executive Orders D 2021 122, D 2021 124, D 2021 125, D 2021 129, D 2021 132, D 2021 136, D 2021 139, D 2021 141, D 2022 003, D 2022 010, D 2022 013, D 2022 017, D 2022 020, D 2022 028, D 2022 035, D 2022 037, D 2022 038, D 2022 040, D 2022 043, D 2022 044 and D 2022 045, and directing the immediate expansion of the workforce of trained medical personnel available to administer the coronavirus disease 2019 (COVID-19) vaccinations within inpatient facilities and outpatient settings due to the coronavirus disease 2019 (COVID-19) pandemic in Colorado. 
Expanded Scope of Practice In Order to Administer the COVID-19 Vaccination.
Veterinarians may administer the COVID-19 vaccination while working in a hospital, inpatient facility, or outpatient setting as delegated by physicians, physician assistants, advanced practice registered nurses, certified registered nurse anesthetists, or professional nurses.
Veterinarians are authorized to perform this delegated service upon adequate cross-training as determined necessary by the hospital, inpatient facility, or outpatient setting.
Veterinarians shall not accept delegation of this service if the licensee does not possess the knowledge, skill, or training to perform.
Veterinarians shall not perform this delegated service if the licensee does not possess the knowledge, skill, or training to perform.
This delegated service shall not be re-delegated to another person or licensee by the delegatee.
Veterinarians shall not prescribe, order, or select the COVID-19 vaccination regardless of delegation.

VMA Updates

Several bills in the Colorado legislature would impact animals and veterinarians statewide

CVMA is tracking a handful of bills currently in the Colorado legislature that could have the potential to impact animals and veterinarians in Colorado if passed by the legislature and signed into law.

Note: Bills regarding the mid-level practitioner and other changes to the Veterinary Practice Act have not yet been introduced in the state legislature, and are not reflected below.

Bills CVMA supports

Veterinary Education Loan Repayment Program (SB 23-044)

This bill would update the veterinary education loan repayment program in the following ways:

Increase the number of qualified applicants per year from 4 to 6;
Eliminate the requirement that an applicant must have graduated from an accredited veterinary school in 2017 or later;
Increase the total amount an applicant is eligible for over a 4-year period from $70,000 to $90,000;
Increase the yearly repayment amounts for successful applicants; and
Require the state treasurer to transfer $540,000 from the general fund to the veterinary education loan repayment fund on September 1, 2023.

Nontoxic Bullet Replacement Hunting Program (HB 23-1036)

This bill would create a nontoxic bullet replacement program that will allow hunters to exchange:

Hunting rounds that have lead bullets for hunting rounds that have nonlead bullets; or
Reloading or muzzle-loader lead bullets for nonlead bullets.

The bill also would direct the division of parks and wildlife to designate an entity to educate the public about the benefits of nontoxic bullets and publicize the program to hunters.

Bills CVMA is monitoring

Prohibit Equine Slaughter for Human Consumption (SB 23-038)

This bill establishes the crime of unlawful equine slaughter. A person engages in unlawful equine slaughter if the person:

Slaughters an equine when the person knows or reasonably should know that any part of the equine will be used for human consumption;
Buys or accepts an equine with the intent of killing, or having another person kill, the equine if the person knows or reasonably should know that any part of the equine will be used for human consumption; or
Buys or accepts equine meat if the person knows or reasonably should know that the meat will be used for human consumption.

The bill would provide a safe harbor for facilities that slaughter equines to feed predators housed at the facility.

Each equine that is unlawfully slaughtered and each 100 pounds of equine meat derived from unlawful slaughter would be a separate offense. A first violation would be a class 1 misdemeanor with a mandatory minimum fine of $1,000, and a second or subsequent violation within a 10-year period would be a class 5 felony with a mandatory minimum fine of $5,000. If a person obtains the equine by fraud and commits unlawful equine slaughter, it would be a class 4 felony with a mandatory minimum fine of $10,000. In addition, a person that commits unlawful equine slaughter would forever be prohibited from owning, possessing, or caring for an equine and from participating in a public livestock market for 3-5 years.

The crime of unlawful equine slaughter would be required to be given at livestock auctions and on bills of sale.

Prohibit Wagering on Simulcast Greyhound Races (HB 23-1041)

Current law prohibits racing of greyhounds in Colorado; however, it is legal to wager on greyhound races that are conducted at out-of-state race tracks and simulcast for viewing in off-track betting venues in Colorado. The bill would make it unlawful in Colorado to wager on any race of greyhounds that is conducted at, and simulcast from, a track that is outside of Colorado.

Pet Animal Ownership in Housing (HB 23-1068)

This bill concerns pet animal ownership in housing circumstances including both home ownership as well as rentals. This bill would:

Prohibit insurers from denying a homeowner’s insurance policy based on the breed or mixture of breeds of dog that resides at the insured dwelling, while allowing denial if a specific individual dog is a dangerous dog. CVMA could support this provision.
Prohibit insurers from asking or otherwise inquiring about the specific breed or mixture of breeds of dog kept at a dwelling except to ask if the dog is known to be or has been declared a dangerous dog. CVMA could support this provision.
Require that an officer executing a writ of restitution inspect the premises for pet animals and give any pet animal found to the tenant of the premises if the tenant is present at the time the writ is executed. If a tenant is not present, the landlord must contact a local animal shelter or pet animal rescue to take custody of any pet animal and leave contact information for the tenant as to where the pet animal has been taken. CVMA could support this provision.
Prohibit a landlord from demanding or receiving a security deposit or rent in exchange for allowing a pet animal to reside on the residential premises with a tenant.
Create the pet-friendly landlord damage mitigation program to be administered by the department of local affairs. Under the program, a landlord may receive reimbursement for actual damage caused to a rental premises by a pet animal allowed to reside with the tenant up to $1,000.
Exclude pet animals from the categories of a tenant’s personal property that a person who rents furnished or unfurnished rooms or apartments may place a lien on for unpaid board, lodging, or rent.
Prohibit the existing Colorado affordable housing tax credit from being allocated unless tenants are allowed to keep pet animals at a qualified development where the tenant resides.

While CVMA could support several provisions in this bill, the association is concerned that landlords might respond by not allowing pets at all, and that the bill would have the reverse outcome.

____________________________________

Recap: AWAC town hall on mid-level practitioner bill and other significant changes to Veterinary Practice Act

Will Colorado’s Veterinary Practice Act be expanded to include mid-level practitioners and relax VCPR requirements for telehealth? A new bill put forth by the Animal Welfare Association of Colorado (AWAC) is proposing just that.

AWAC hosted a town hall on Wednesday, February 1 to share information about its upcoming bill that would include significant changes to the Veterinary Practice Act. CVMA notified members of the town hall and encouraged them to attend to learn more about what AWAC is proposing.

CVMA wants to ensure members are informed of proposed changes that could impact them. The AWAC bill is one of two bills that are expected to change the Veterinary Practice Act this year. The second bill will be introduced by Rep. Karen McCormick, DVM; CVMA will support that bill.

AWAC presented an overview of the key provisions included in its bill. Presenters included Anna Stout from Roice-Hurst Humane Society, Dr. Apryl Steele from the Dumb Friends League, Dr. Wayne Jensen from Colorado State University, and Ali Mickelson from American Society for the Prevention of Cruelty to Animals.

The bill would modify the Veterinary Practice Act in three key ways:

Create a pathway for veterinary professional associates (VPA), also known as a mid-level practitioner (CVMA does not support this provision)

These professionals would be a master’s degree-level veterinary professional
CSU is developing a program for a five-semester VPA master’s degree that would provide knowledge of infectious, metabolic, neoplastic, and degenerative diseases with a hands-on practicum experience; the first three semesters would be online with the last two semesters in-person
The CSU program is targeting veterinary technicians with associates degree, foreign veterinarians, and qualified veterinary school applicants as potential participants for the VPA degree program
VPAs would work under the direct supervision of a veterinarian, except in USDA shortage areas, where they would be permitted to work under indirect supervision (the supervising veterinarian would not need to be on the same premises)
VPAs would provide care including examining and diagnosing pets, treating uncomplicated cases, providing preventive care, performing euthanasia, and performing dentistry and surgery
The licensed supervising veterinarian would be liable for any work performed by a VPA under his or her supervision
In 2028, VPAs would become regulated by DORA in Colorado

Relax VCPR requirements for veterinary telehealth in Colorado (CVMA does not support this provision)

Would permit Colorado-licensed DVMs to establish a VCPR via electronic means; veterinarians would not need to establish a VCPR with a physical exam
Veterinarians would not need to be associated with a brick-and-mortar veterinary hospital to be able to perform telehealth
The veterinarian would determine when an in-person exam is needed to meet the standard of care

Expand the role of veterinary technician specialists (VTS) in Colorado (CVMA supports some of these provisions)

Would permit a VTS to conduct exams, diagnose, and perform surgery within his or her specialty
Like a VPA, a VTS would work under the direct supervision of a veterinarian except for in USDA shortage areas; a VTS could work under indirect supervision in those areas
Only 2% of veterinary technicians have their VTS

Thank you to the CVMA members who attended the town hall and asked questions about the proposed bill. CVMA will share updated information with members as it becomes available.

Looking for more information about the veterinary professional associate and CVMA’s stance on it? Click here to read more.

Connecticut

Introduced Bills (3)

Animal Welfare

CT HB06337 – Establishes a task force to study companion animal welfare and examine similar laws of other states.

Veterinary – PMP

CT HB06380 – That title 20 of the general statutes be amended to require the Connecticut Board of Veterinary Medicine to adopt regulations to limit, monitor and track the dispensing and administration of opioid drugs by veterinarians for pets.

Veterinary – Reporting Abuse/Immunity

CT HB06714 – To (1) redefine the crime of sexual contact with an animal, (2) require that veterinarians report suspected incidents of animal cruelty, and (3) prohibit persons convicted of animal cruelty or having sexual contact with an animal from possessing or working with animals for a period of five years from the date of conviction or release from imprisonment for the offense, whichever is later. Prohibits ownership and employment for any violators for five years. Any veterinarian licensed in accordance with the provisions of chapter 384 of the general statutes, who in the course of his or her employment, has reasonable cause to suspect that an animal is being or has been harmed, neglected, or treated cruelly in violation of section 53-247 of the general statutes, as amended by this act, shall make a written or oral report of the alleged violation to the local law enforcement agency or the animal control officer for the town where the animal is being kept. A report made pursuant to this subsection shall be made as soon as practicable, but not later than forty- eight hours after the veterinarian has reasonable cause to suspect that an animal has been harmed, neglected, or treated cruelly. Animal control may seize animals and take them to a shelter or vet.

D.C.

Rules and Regulations

D.C. Act 24-732, Animal Care and Control Omnibus Amendment Act of 2022 (B24-560)

District of Columbia

Summary
To amend Title 18 of the District of Columbia Municipal Regulations to authorize animal control officers to operate emergency lights and sirens when responding to an animal-related emergency; to amend Chapter 106 of the Acts of the Legislative Assembly to provide for the provision of a bond to care for seized animals during the pendency of criminal or other proceedings, to prohibit the possession of an implement of animal fighting, and to establish new criminal offenses prohibiting sexual contact between persons and animals, creating or distributing an obscene image of an animal, and cat declawing; to amend Chapter 3 of Title 25-J of the District of Columbia Municipal Regulations to prohibit a pet store operator from selling mammals, amphibians, arachnids, birds, or reptiles in a pet store unless the animal was obtained from the Animal Care and Control Agency, a society for the prevention of cruelty to animals, a humane society shelter, or rescue group; and to amend section l6-910 of the District of Columbia Official Code to allow judges to consider the best interests of a pet and award joint custody in a divorce case.

Status
Enrolled 01/10/23 – Effective following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 60-day period of congressional review

Links
https://dcregs.dc.gov/Common/NoticeDetail.aspx?NoticeId=N128930

Florida

Introduction Bill (2)

Veterinary – Expanding Access

FL H0719 – A veterinarian who holds an active license to practice veterinary medicine in another jurisdiction in the United States and is in good standing in such jurisdiction and who performs dog or cat sterilization services or routine preventative health services at the time of sterilization as an unpaid volunteer under the responsible supervision, as defined in s. 474.202, of a veterinarian licensed in this state. The supervising licensed veterinarian is responsible for all acts performed under this subsection by an out-of-state veterinarian acting under her or his responsible supervision. An out-of-state veterinarian practicing pursuant to this subsection is not eligible to apply for a premises permit under s. 474.215.

Veterinary – Telemedicine/VCPR

FL S0554 – Adds “in-person” exam to the VCPR requirements: “performed an in-person examination of the patient” Allows the VCPR to be maintained with telemedicine. Does not stipulate how long the VCPR is in effect. An employee, an agent, or a contractor of a county or municipal animal control authority acting under the indirect supervision of a licensed veterinarian may vaccinate impounded dogs, cats, and ferrets that will be transferred, rescued, fostered, adopted, or reclaimed by the owner. The supervising veterinarian assumes responsibility for any person vaccinating animals at the veterinarian’s direction or under his or her supervision.

Georgia

Introduced Bill (1)

State Boards – Membership/Miscellaneous

GA HB33 – Provides that the State Board of Veterinary Medicine to be an independent state agency attached to the Department of Agriculture for administrative purposes only; to provide for contracting with the Department of Agriculture for licensing services; to provide for reimbursement of members of the State Board of Veterinary Medicine; to provide for venue; to provide for the powers and duties of the board; to authorize the board to employ an executive director; to provide for the powers and duties of the executive director.

VMA Update

Updated Rules Released y Georgia State Board of Veterinary Medicine

Hawaii

Introduced Bill (6)

Animal Welfare – Spay Neuter

HI HB220/ SB998 – The purpose of this Act is to:

(1) Establish a spay and neuter special fund; and
(2) Allow funds from an income tax check-off to be deposited into the special fund.

Notwithstanding any law to the contrary, any individual whose state income tax refund for any taxable year is $5 or more may designate $5 of the refund to be deposited into the spay and neuter special fund established by section 143 when submitting a state income tax return to the department. In the case of a joint return of a married couple having a state income tax refund of $10 or more, each spouse may designate that $5 be deposited into the special fund.

State Boards – Membership/Miscellaneous

HI HB243 – Establishing a veterinary medical officer position within the Department of Health will help combat the spread of rat lungworm and other zoonotic diseases in the State’s human population and support statewide efforts to protect and improve human health. Furthermore, a public health veterinarian could also revive public health publications and disseminate the publications in electronic form, as well as couple the publications with continuing medical education for physicians, nurses, and veterinarians to help ensure the continued competence of the State’s health care workforce. The legislature also notes that global warming contributes to increases in number and types of viruses, bacteria, parasites, and fungi that are spread between animals and humans, which makes early detection and study of these vectors and the illnesses they cause imperative to protect public health.

HI HB972/ SB1270 – Expands animal industry special fund to include revenue from fees for diagnostic, surveillance, and other work by the animal industry division veterinary laboratory and animal disease control branch; money can be used for laboratory improvements.

Veterinary

HI SB648 – Requires the University of Hawaii, in consultation with the Department of Agriculture, to establish and administer an aquaculture disease diagnostic laboratory. Appropriates funds for the laboratory. Establishes and appropriates funds for an aquaculture veterinarian position within the Department of Agriculture.

Illinois

Introduced Bills (7)

Pet Care Services

IL SB1372 – Creates the Dog Training Licensure Act. Creates the Dog Training Licensure Board. To oversee certification. The certification program must be examination-based and accredited by the National Commission for Certifying Agencies (NCCA). Requires programs meet or exceed the Association of Professional Dog Trainers, the Certification Council for Professional Dog Trainers (CCPDT), and the International Association of Animal Behavior Consultants. Maintenance of certificate requires 36 CE hours every 3 years, which is the length of the license. Creates the dog training licensing board.

Research

IL SB1882 – Prohibits a testing facility from conducting a canine or feline toxicological experiment in the State, except for certain specified purposes. Provides that the prohibition does not apply to testing or experimentation conducted for the purpose of developing, manufacturing, or marketing any product intended for beneficial use in dogs or cats.

Application or exposure does not include testing of veterinary products for canine or feline health.

Veterinary – Declaw/Ear/Tail/De-Vocalize

IL HB1533 – A person shall not perform surgical claw removal, declawing, or a tendonectomy on any cat or otherwise alter a cat’s toes, claws, or paws to prevent or impair the normal function of the cat’s toes, claws, or paws. Does not apply to a person who performs a procedure solely for a therapeutic purpose.

Veterinary – Declaw/Ear/Tail/De-Vocalize

AZ HB2738 – A veterinarian may perform the declawing, onychectomy, or tendonectomy of a cat only if the veterinarian is licensed pursuant to this chapter and the procedure is for a therapeutic purpose. “Therapeutic purpose”: addresses an existing or recurring infection, disease, injury, or abnormal condition in an animal’s claw that JEOPARDIZES the animal’s health and for which addressing the infection, disease, injury or ABNORMAL condition is a medical necessity. Does not include a cosmetic or aesthetic purpose or the PURPOSE of making a cat more convenient to keep or handle. A veterinarian who performs a declawing, onychectomy, or tendonectomy on a cat shall keep a record of the procedure for at least four years.

Veterinary – Pharmacy

IL SB1891– Provides that, on or after January 1, 2025, feed distributors shall report to the Department of Agriculture all veterinary feed directives associated with medicated feed distributed to producers along with associated feed distribution records. Provides that the department shall set a target for reducing the use of medically important antibiotics in food processing by 50%. Provides that the Attorney General has exclusive authority to enforce the provisions of this Act and each violation of this Act is punishable by a civil penalty not to exceed $1,000 to be paid to the department and deposited into the Agricultural Premium Fund in the State treasury.

Veterinary – Telemedicine/VCPR

IL HB2473/ SB2059– Changes veterinary board sunset to January 1, 2029. Amends the Veterinary Medicine and Surgery Practice Act of 2004. Adds provisions concerning an email address of record and for electronic delivery of certain notices to an email address of records. Provides for instances in which telehealth may be used. Provides that a veterinarian shall not substitute telehealth, teleadvice, telemedicine, or teletriage when a physical examination is warranted or necessary for an accurate diagnosis of any medical condition or creation of an appropriate treatment plan. Makes changes to provisions concerning: application for licensure; reports; procedures for refusal to license or issue certificate; and hearing officers, reports, and review. Removes provisions concerning: refusing to issue or renew, revoking, suspending, placing on probation, reprimanding, or taking other disciplinary or non-disciplinary action for a conviction by any court of competent jurisdiction, either within or outside this State, of any violation of any law governing the practice of veterinary medicine; and certifying exhibits without cost

Indiana

Introduced Bill (1)

Pet Care Services

IN HB1389 – New construction at an animal facility must have at least one (1) of the following:

(1) A fire alarm system that is:
(A) designed by a fire alarm technician; and
(B) in operating condition.

(2) Staff on duty at the animal facility any time a dog or cat is present on the premises.

Bill with Significant Action (1)

Veterinary – Reciprocity/Military

IN SB0400 – Amend do pass adopted in Senate Health and Provider Services Committee 2/16- reassigned to Appropriations. Notwithstanding any other law, after June 30, 2023, a board shall issue an occupational license or government certification to an individual upon application, if the following conditions are met: (1) the applicant holds a current and valid occupational license or government certification in another state in a lawful occupation with a similar scope of practice, as determined by the board. (2) the applicant has held the occupational license or government certification in the other state for at least one (1) year. (3) the regulating entity in the other state required the applicant to: (a) pass an examination; or (b) meet education, training, or experience standards. (4) the regulating entity in the other state holds the applicant in good standing. (5) the applicant does not have a disqualifying criminal record as determined by the board. (6) a regulating entity in another state has not revoked the applicant’s occupational license or government certification because of negligence or intentional misconduct related to the applicant’s work in the occupation. (7) the applicant did not surrender an occupational license or government certification because of negligence or intentional misconduct related to the applicant’s work in the occupation in 400—ls 7336/di 141 in another state. (8) except as provided in subsection (b), the applicant does not have a complaint, allegation, or investigation pending before a regulating entity in another state that relates to unprofessional conduct or an alleged crime. (9) the applicant pays all applicable fees in Indiana. Sec. 9. Notwithstanding any other law, after June 30, 2023, a board shall issue an occupational license or government certification to an individual upon application based on the individual’s work experience in another state, if the following conditions are met: (1) The applicant worked in a state that does not use an occupational license or government certification to regulate the lawful occupation, but Indiana uses an occupational license or government certification to regulate a lawful occupation with a similar scope of practice, as determined by the board.
(2) The applicant has worked for at least three (3) years in the lawful occupation.
(3) The applicant satisfies the requirements described in section 8(a)(5) through 8(a)(9) of this chapter.

Board Watch

INDIANA BOARD OF VETERINARY MEDICAL EXAMINERS

Notice of Intent to Adopt a Rule

LSA Document #23-57

Under IC 4-22-2-23, the Indiana Board of Veterinary Medical Examiners intends to adopt a rule concerning the following:

OVERVIEW: Adds a new rule concerning convictions of concern. This rule implements the provisions of IC 25-1-1.1-6 requiring every board, commission, or committee under IC 25 to revise its licensing or certification requirements to explicitly list the convictions of concern that may disqualify an individual from receiving a license; to establish criteria to determine whether an applicant should be denied a license if they have a conviction of concern; and to establish a procedure for an individual to receive a pre-application determination as to whether their criminal history would preclude them from obtaining a license. Public comments are invited and may be directed to the Indiana Board of Veterinary Medical Examiners c/o Elizabeth Walker, Deputy General Counsel – Operations Director, 402 West Washington Street, Room W072, Indianapolis, IN 46204, or by email to elwalker@pla.in.gov. Statutory authority: IC 25-1-1.1-6.

Iowa

Introduced Bills (2)

Agriculture

IA SSB1107 Requires a raw milk producer, each twelve-month period, to employ a licensed veterinarian to examine each dairy animal maintained at the raw milk producer’s raw milk dairy to determine the dairy animal’s health status. The examination must at least include a blood test for common diseases afflicting the type of dairy animal being examined.

Veterinary Technicians

IA HSB139 – Outlines task supervision by licensed veterinarians. The bill provides that a licensed veterinarian may act as a supervising veterinarian directing certain individuals in performing delegated tasks under different levels of supervision.

Rules and Regulations

ARC 6844C

The Board of Pharmacy hereby amends Chapter 37, “Iowa Prescription Monitoring Program,” Iowa Administrative Code.

State or Federal Law Implemented: This rule-making implements, in whole or in part, Iowa Code section 124.551 and 2022 Iowa Acts, House File 2201.

Purpose and Summary: This rule-making establishes council membership information for the Prescription Monitoring Program (PMP) Advisory Council. This rulemaking also clarifies that only overdose-reversal opioid antagonists are required to be reported to the PMP.

Public Comment and Changes to Rule Making: Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on September 21, 2022, as ARC 6533C. A public hearing was held on October 12, 2022, at 10 a.m. in the Health Professions Board Room, 400 S.W. 8th Street, Suite H, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.

Effective Date: This rule-making will become effective on March 15, 2023. The following rule-making actions are adopted:

ITEM 1. Amend rule 657—37.2(124), definition of “Opioid antagonist,” as follows:

“Opioid antagonist” means a drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors with the intention to reverse overdose, including but not limited to naloxone hydrochloride or any other similarly acting drug approved by the United States Food and Drug Administration.

ITEM 2. Adopt the following new rule 657—37.4(124):

657—37.4(124) Prescription monitoring program advisory council.
37.4(1) Membership. The membership of the PMP advisory council may include, but need not be limited to:

One pharmacist licensed under Iowa Code chapter 155A;
One physician licensed under Iowa Code chapter 148;
One advanced registered nurse practitioner licensed under Iowa Code chapter 152;
One physician assistant licensed under Iowa Code chapter 148C;
One dentist licensed under Iowa Code chapter 153;
One veterinarian licensed under Iowa Code chapter 169;
One individual who is registered with the PMP as a practitioner’s delegate;
One individual who is eligible to utilize the PMP in an investigative capacity, such as a law enforcement official, licensing authority representative, or medical examiner; and
One member of the public who is not eligible to register with the PMP.

37.4(2) Term of appointment. Council members shall be appointed by the board for a three-year term and may be reappointed by the board for two additional terms, for a maximum of three terms. Each term shall expire on June 30 of the third year of the term.

37.4(3) Quorum. Three members of the council constitutes a quorum.

37.4(4) Termination of appointment. A council member who is no longer eligible or able to serve on the council shall submit a written resignation to the board. A council member who does not attend three consecutive regular meetings of the council shall be deemed to have submitted a resignation.

[Filed 1/11/23, effective 3/15/23] [Published 2/8/23]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 2/8/23.

Kansas

Introduced Bills (3)

Animal Welfare

KS HB2342 – Establishing the Pet Animal Board of Veterinarians within the Kansas Department of Agriculture, transferring all Kansas pet animal act powers, duties, and functions to such board, limiting procedures relating to the seizure of animals, eliminating no-contact inspection provisions, requiring a license for animal rescues, authorizing a single license fee for all license categories and changing the membership of the Kansas pet animal advisory board.

Animal Welfare – Tax Issues

KS HB2419 – For tax year 2023, and all tax years thereafter, there shall be allowed a credit against the tax liability of a resident individual taxpayer imposed under the Kansas income tax act in an amount equal to the expenses incurred and paid by the taxpayer for the care of a single cat or dog owned by the taxpayer up to $500 in the year for which the return is filed. A taxpayer shall be allowed a credit for up to three animals subject to the limitations set forth in this section.

Veterinary – Reciprocity

KS HB2388 – Requiring that licensing bodies provide verified electronic credentials to credential holders, including military servicemembers and others receiving Kansas credentials based on their credentials from other jurisdictions, and use centralized electronic credential data management systems with instantaneous credential verification and an auditable record.

Kentucky

Introduced Bill (1)

Veterinary – Telemedicine/VCPR

KY HB167 – Defines allied animal health professional, which includes equine dental and chiropractors, licensure, and standards. Vet clinics must also be licensed and conduct self-inspection to ensure compliance. Defines teleadvice, teleconsulting, telehealth, telemedicine (support VCPR), telemonitoring, telesupervision, teletriage, and VCPR. Changes VCPR to “an in-person visit” and adds section cannot be established virtually, must notify of an available facility for follow up. VCPR can cover other vets at the same facility. Mobile facilities must be registered. Vets with applications pending can work under a supervising vet.

Connected care or telemedicine provided to patients in Kentucky shall only be conducted within an existing VCPR as defined in Section 10 of this Act and is required to be re-established through an in-person visit every twelve (12) months, with the exception of advice given in an emergency care situation or teletriage until a patient can be seen by or transported to a veterinarian. The VCPR for that twelve (12) months shall be deemed to constitute a relationship in Kentucky, regardless of whether the patient or client travels outside the Commonwealth; and

(4) Telehealth conducted without a VCPR may include only the delivery of general advice, educational information, and teletriage.

The VCPR may extend to another veterinarian employed in the same registered facility who is licensed to practice veterinary medicine within the Commonwealth, so long as the other Kentucky-licensed veterinarian has sufficient knowledge in the medical record to make a decision.

Dead Bill (1)

Pharmacy

KY SB36 – Increases the pharmacy board from 6 to 9 members, including a representative of a veterinary pharmacy.

Louisiana

Board Watch

Louisiana Board of Veterinary Medicine Annual Report to Licensees available here

Vol. 31, No. 1 | Spring 2023
___________________________________________

Rulemaking Activity:

2022-04  ~  LAC 46LXXXV.301.801.1201 – Repeal of Letters of Reference Requirement for Applications

02-02-2023     Board voted to approve promulgation of rule amendments in compliance with LA R.S. 49:956.
02-08-2023     Notice of Intent and Fiscal & Economic Impact Statements submitted to Legislative Fiscal Office for review.

2022-03  ~  LAC 46LXXXV.100.105 – Petition for Rule Modification [Source: Regulatory Proposal 2022-D]

12-01-2022     Board voted to approve promulgation of rule amendments in compliance with LA R.S. 49:956.
12-16-2022     Notice of Intent and Fiscal & Economic Impact Statements submitted to Legislative Fiscal Office for review.
01-05-2023     Legislative Fiscal Office approved fiscal and economic impact statement.
01-19-2023     Notice of Intent scheduled for review by Occupational Licensing Review Commission (OLRC).
01-19-2023     OLRC approved continuation of promulgation process.
01-20-2023     First Report submitted to Senate and House Legislative Oversight Committees on Agriculture, Forestry, Aquaculture, and Rural Development.
02-20-2023     Notice of Intent scheduled for publication in 2023 Louisiana Register, Volume 49, February edition.

Maine

Board Watch

AGENCY: 01-001 – Department of Agriculture, Conservation & Forestry (DACF) – Animal Welfare Program
CHAPTER AND TITLE: Ch. 702, Rules for Low-Income Spay Neuter Program
PROPOSED RULE NUMBER: 2022-P235

Rule changing to accommodate administration by a third party and the addition of feral cats per 7 MRS §3910-B(1-A) Companion Animal Sterilization Fund enacted in 2022, as well as updating program’s payment delivery to providers, increasing program efficiency, and reducing administration costs.

DETAILED SUMMARY: These rules provide necessary guidelines for administration of the Help Fix ME (Companion Animal Sterilization Fund) to comply with the requirement of engaging a third-party administrator per 7 MRS §3910-B(1-A) Companion Animal Sterilization Fund enacted earlier this year. Additional rules are required to ensure a suitable administrator will be found and to ensure the effective delivery of the program on behalf of the state.

These rules will also improve the delivery of the Help Fix ME (Companion Animal Sterilization Fund programming) to both the public and participant veterinary providers by providing updated and more effective and efficient payment processes and communication processes. These rules allow for methods and modes of service delivery more in line with modern approaches to spay/neuter delivery to low-income clientele. These rules also account for the current shortage of veterinary professionals in the state by specifically including large-scale spay/neuter events which have become the primary mode of service delivery to areas of the state most lacking in veterinary capacity for providing Help Fix ME surgeries. They will also allow for feral cats to be spayed and neutered by anyone regardless of income status.

ANIMAL WELFARE WEBSITE: https://www.maine.gov/dacf/ahw/animal_welfare/.
DACF WEBSITE: https://www.maine.gov/dacf/.
DACF RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov.

Maryland

Introduced Bills (6)

Animal Welfare – Spay Neuter

MD HB365 – After September 30, 2023, changes the $100 tax on pet food manufacturers to $100 adjusted annually for inflation using 2013 as the baseline year for calculating the adjustment; under $500,000 is a flat $100 fee. Initial adjustment is phased in over three years.

Creates a process for donating to the spay and neuter fund. Expands allowance of funds to include 1. Wellness care for cats and dogs at the time of a spay or neuter service; 2. Mobile veterinary clinic transportation; and 3. Transportation services to bring animals to a clinic from an unserved area.

Shelters/Rescues

MD HB325 – Routine Medical Care and Rabies Vaccines to require the State Board of Veterinary Medical Examiners to authorize a certain veterinary practitioner licensed to practice veterinary medicine in another state or jurisdiction to provide routine medical care in the State under certain circumstances; requiring the Secretary of Health to allow individuals who work in or for a certain veterinary hospital or a certain animal control facility to administer rabies vaccines under certain circumstances; and generally relating to the provision of veterinary services in the State.

State Boards – Appropriations

MD HB200/ SB181 – Appropriates to the Board of Veterinary Medicine: $1,866,723.

Veterinary

MD SB390– Requires the board to authorize a vet licensed in another state to provide routine medical care in a shelter. May include: spaying/neutering, vaccinations, health examinations, and completing certificates of health. Requires the Secretary of Health to provide a statewide system to allow individuals who work in or for a veterinary hospital or animal control facility to administer rabies vaccines. Must be administered in accordance with applicable protocols for licensed veterinarians.

Veterinary – Loan Repayment/ Shortages

MD HB1133 – Establishing the Veterinary Practitioner Student Loan Forgiveness Program to be administered by the Secretary of Agriculture; requiring Program participants to sign a contract to complete a service obligation to practice in the State for at least 2 years; requiring the Secretary to select participants based on experience, training, and availability to practice in certain high-need areas; requiring the Secretary to disburse directly to a participant $20,000 or the amount of the participant’s educational loans, whichever is less.

VMA Updates

Concern for HB 325 / SB 390 – Provision of Veterinary Services – Routine Medical Care and Rabies Vaccines

Posted in Legislative by Jaime Markle  

MDVMA needs you, our valued members, more than ever. Please take the time to share your concern and/or opposition to House Bill 325 and Senate Bill 390.

 What is the synopsis?

HB 325 and SB 390 will require the State Board of Veterinary Medical Examiners to authorize a veterinary practitioner licensed, certified, or otherwise authorized to practice veterinary medicine in another state or jurisdiction to provide routine medical care in the State under certain circumstances; and require the Secretary of Health to allow individuals who work in or for a certain veterinary hospital or a certain animal control facility to administer rabies vaccines under certain circumstances.

Why should the veterinary profession be concerned?

HB 325 and SB 390 will allow veterinarians from any state or jurisdiction to practice within Maryland without a license, effectively making the Maryland Practice Act impossible to enforce. Licensure is the only method of recourse the State Board of Veterinary Medical Examiners (SBVME) has to limit the inappropriate practice of veterinary medicine.

Shelter animals and Maryland citizens who require financial assistance are worthy of quality veterinary care. Taking this unprecedented step to neutralize the purpose of the SBVME is dangerous and does nothing to address a perceived veterinary shortage. Removing the regulatory guardrails that prevent low-quality medicine and allow veterinarians to operate in Maryland with impunity would be a dire miscalculation.

Minnesota

Introduced Bills (11)

Animal Welfare

MN HF1168/ SF1136 – The Companion Animal Board is created to promote the welfare of cats, dogs, and other pets; serve those individuals in the community who care for these animals; and support the human-animal bond. The board must administer and enforce sections 346.60 to 346.65. (b) The authority of the board is limited to cats, dogs, and other animals kept as pets, including rabbits, guinea pigs, ferrets, small rodents, nonnative birds, small nonvenomous amphibians and reptiles, and other nonagricultural domesticated animals. (c) The board has no authority or jurisdiction over: (1) cattle, sheep, swine, goats, farmed Cervidae, poultry, or other animals used for food, agricultural products, or other agricultural uses; (2) regulated animals, as defined in section 346.155, subdivision 1, paragraph €; (3) wild animals, as defined in section 97A.015, subdivision 55; and (4) racehorses regulated under chapter 240. (d) The board’s authority must not be interpreted or construed to interfere with or supersede the authority of the Board of Veterinary Medicine over the practice of veterinary medicine under chapter 156, or the authority of the Board of Animal Health to control and prevent dangerous and reportable diseases under chapter 35. Article 1

MN SF1411 – Creates the Office of Animal Protection Creation. The Office of Animal Protection shall have the following duties:

to promote programs to protect the welfare of animals; (2) to coordinate with local law enforcement officers to enforce the requirements in chapters 343 and 346 regarding animal welfare and the prevention of animal cruelty; (3) to investigate alleged crimes against animals in accordance with the requirements in sections 343.12 and 343.22; (4) to provide training programs regarding the prevention of animal cruelty and investigation of animal cruelty allegations; (5) to provide assistance in locating shelters for displaced animals during emergencies or natural disasters; (6) to establish and maintain a statewide dangerous dog database; and (7) upon request from local law enforcement agencies, to investigate alleged violations of sections 347.50 to 347.565 regarding dangerous dogs.

Animal Welfare – Pet Insurance

MN HF780 – A pet insurance policy issued to a resident of Minnesota must provide coverage for preexisting conditions at the same level and in the same manner as coverage for illnesses and injuries occurring after the effective date of the policy.

State Boards – Membership/Miscellaneous

MN HF911 – Changes the Board of Animal Health to remove the requirement that it include livestock producers, only requires one vet (not two), requires two public members, and increases the board from 6 to 11.

Veterinary

MN SF1773 – Previously, individuals who practiced veterinary medicine at the University were required to obtain the same license as traditional vets. This bill creates an institutional license for this purpose, includes eligibility and scope.

Veterinary Technicians

MN HF1037/ HF1228/ SF1522 – Establishes licensure for veterinary technicians, includes a grandfathering provision for anyone currently certified or based on hours, and an OOS reciprocity route. Requires VTNE.

Veterinary – PMP

MN HF1399/ SF1496 – A person may sell or purchase a live or modified live canine Bordetella vaccine without a veterinary prescription.

Mississippi

Introduced Bill (1)

Animal Welfare – Pet Insurance

MS HB1191 – Adopts a shorter version of the Model Pet Insurance Act, companion, defers a few provisions, like wellness programs to the commissioner for rules. The commissioner may issue rules and regulations to implement and administer the provisions of this act including, but not limited to, rules and regulations establishing policy disclosures, policy conditions, sales practices for selling wellness programs, and penalties for violations of any law or regulations regarding the sale of pet insurance.

Crossed Over Bill (1)

Animal Welfare – Pet Insurance

MS SB2228 establishes provisions for the sale and renewal of pet insurance policies. A trimmed version of the Model Pet Insurance Act.

Dead Bill (3)

Occupational Licensing

MS HB826 – Fresh start- Changes veterinarian, pharmacist, and pharmacy tech licensing requirements to remove felony and moral turpitude/moral character and insert crimes disqualified by fresh start, which means serious or related to the profession.

Veterinary – Reciprocity/Military

MS HB176 – Directs board to accept equivalent military education. Directs boards to issue a license to military personnel licensed in another state who maintained that license or was awarded a degree from the military that is equivalent. Veterinary board included

Veterinary

MS SB2320 – The board or agency that licenses, certifies, or registers a health care practitioner: may not reprimand, sanction, revoke or threaten to revoke a license, certificate, or registration of a health care practitioner for exercising his or her constitutional right of free speech, including, but not limited to, speech through the use of a social media platform, unless the board or agency proves beyond a reasonable doubt that the speech used by the health care practitioner led to the direct physical harm of a person with whom the health care practitioner had a practitioner-patient relationship within the three (3) years immediately preceding the physical harm.

Missouri

Introduced Bill (3)

State Boards – Appropriations

MO HB7 – Appropriates to the Department of Commerce and Insurance for the Missouri Veterinary Medical Board expense and equipment $59,001 for payment of fees for testing services 50,000 from Veterinary Medical Board fund $109,001.

Veterinary – Chiropractic

MO HB88 – Removes animal chiropractors from the veterinary practice act. Must be certified.

Veterinary – Loan Repayment/ Shortages

MO SB529 – Increases allowable number of grant recipients from 6 to 12. Increases the allowable amount of money recipient can receive each year of obligated service from $20,000 to $30,000, not to exceed $120,000 (previously $80,000). Allows donations and exceed 12 if funding allows.

Montana

Passed Bill (1)

State Boards

MT SR26 confirms the governor’s appointees for the Board of Veterinary Medicine.

Introduced Bill (

State Boards – Membership/Miscellaneous

MT HB87 – Places all governor appointees for various boards under the same statutory language. Creates a board under section 2, but uncertain of intent. Reduces the veterinary board from 7 members to 5 members. Removes governor appointee language. Removes the requirement that veterinarian and veterinary technician representatives be state-licensed and practiced in the state. Some of that may be incorporated in the appointee language.

Nevada

Rules and Regulation

APPROVED REGULATION OF THE NEVADA STATE BOARD OF VETERINARY MEDICAL EXAMINERS

LCB File No. R083-22

Filed December 29, 2022

A REGULATION relating to veterinary medicine; establishing requirements relating to college and continuing education coursework for certain applicants for registration as a veterinary technician in training or for a license to practice as a veterinary technician; revising certain requirements relating to the qualification of certain applicants for registration as a veterinary technician in training or for a license to practice as a veterinary technician; extending certain duties imposed on supervising veterinarians regarding the supervision of licensed veterinary technicians to the supervision of veterinary technicians in training and veterinary assistants; 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 necessary to carry out the provisions of law relating to veterinary medicine and requires the Board to adopt regulations pertaining to and limiting the activities of veterinary technicians. (NRS 638.070, 638.124)

Section 1 of this regulation requires an applicant for registration as a veterinary technician in training or an applicant for a license to practice as a veterinary technician, who qualifies to apply for such registration or licensure, in part because he or she received a bachelor of science degree, to receive a score of 300 points or more as determined by a review of his or her official transcripts and proof of satisfactory completion of any qualifying in-person continuing education courses the applicant completed. Section 1 establishes: (1) the number of points an applicant will receive for each semester unit completed, each quarter unit completed, and each hour of continuing education completed; and (2) additional requirements relating to such courses and the number of points an applicant is eligible to receive. Section 1 additionally requires an applicant to provide with his or her application: (1) an official transcript from each school at which the applicant completed a college course as part of his or her bachelor of science degree; (2) the course description or syllabus for each college course or continuing education course to be considered for scoring; and (3) proof of satisfactory completion for each qualifying continuing education course the applicant completed.

Existing regulations require a person who wishes to be registered as a veterinary technician in training to satisfy certain requirements, including participating in training while on the job and acquiring experience that is commensurate with the duties of his or her employment. (NAC 638.0525) Section 2 of this regulation provides that such training and experience must be documented in writing by each supervising veterinarian or licensed veterinary technician who supervises the person while he or she is participating in such training and acquiring such experience. Section 2 also newly authorizes a person to be registered as a veterinary technician in training if he or she has received a bachelor of science degree and: (1) completed at least 1,000 hours of work experience at one or more veterinary facilities; and (2) satisfied the requirements set forth in section 1.

Existing regulations require an applicant for a license to practice as a veterinary technician to submit to the Executive Director of the Board satisfactory proof that he or she has: (1) received a degree as a veterinary technician from certain accredited colleges; (2) received a bachelor of science degree in an area related to animal science or another approved area; or (3) completed an approved accelerated program for veterinary technicians. (NAC 638.0527) Section 3 of this regulation removes the requirement that a bachelor of science degree must have been in an area related to animal science or another approved area and instead requires the applicant to satisfy the requirements set forth in section 1. Section 3 also newly authorizes an applicant to submit satisfactory proof that he or she received a degree from outside the United States that has been reviewed and approved by the Program for the Assessment of Veterinary Education Equivalence.

Existing regulations require an applicant for a license to practice as a veterinary technician who received a bachelor of science degree or completed an approved accelerated program for veterinary technicians to submit proof of having completed at least 4,000 hours of supervised clinical experience in a veterinary facility that is verified by an actively practicing veterinarian. (NAC 638.0527) Section 3 specifies that a veterinary facility in which such supervised clinical experience was completed must be located in the United States, and the verification of such supervised clinical experience must be made by one or more actively practicing veterinarians who supervised the applicant.

Existing regulations impose certain duties on supervising veterinarians regarding the supervision of licensed veterinary technicians. (NAC 638.057) Section 4 of this regulation extends such duties imposed on supervising veterinarians to the supervision of veterinary technicians in training and veterinary assistants.

Board Watch

Regulation R082-22 – APPROVED REGULATION OF THE NEVADA STATE BOARD OF VETERINARY MEDICAL EXAMINERS

LCB File No. R082-22

Filed December 29, 2022

Regulations related to: 

CE that is accepted by the Board
Updating the language prohibiting false or deceitful statements to the Board
Updating language related to abandoned animals 
Updating definition of ‘animal chiropractic’

A REGULATION relating to veterinary medicine; setting forth certain surgical procedures which must be performed by a licensed veterinarian; prohibiting a veterinary technician or a veterinarian technician from performing certain acts; revising certain definitions; revising certain fees relating to veterinary medicine; revising certain provisions relating to fees and remittances; revising provisions relating to continuing education; revising provisions relating to medical records; prohibiting a veterinarian from making certain false or misleading statements; revising provisions relating to the abandonment of animals; revising certain tasks that may be performed by a veterinary assistant; revising provisions relating to mobile clinics; revising the definition of “animal chiropractic”; 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 necessary to carry out the provisions of law relating to veterinary medicine. (NRS 638.070)

Existing law defines the “practice of veterinary medicine,” which includes performing surgery on an animal and authorizes the Board to prescribe certain acts as accepted livestock management practices to which the provisions of chapter 638 of NRS do not apply. (NRS 638.008, 638.015) Section 2 of this regulation provides that only a licensed veterinarian may perform surgery to remove an ovum from an animal, implant an ovum into an animal or implant an embryo into an animal. Section 2 further provides that the owner of an animal or a person acting under the direction of the owner of an animal may use nonsurgical means to artificially inseminate an animal or remove an embryo from an animal by flushing as such practices are accepted livestock management practices.

Existing law sets forth certain acts involving fraud, deception, malpractice, negligence, or incompetence that may be grounds for disciplinary action. (NRS 638.140-638.1408) Section 3 of this regulation prohibits a veterinary technician or veterinary technician in training from performing certain acts that are fraudulent or deceptive or that constitute malpractice, negligence, or incompetence.

Existing regulations define the term “emergency” to mean an animal has a condition which threatens its life and immediate treatment is necessary to sustain life. (NAC 638.007) Section 4 of this regulation provides instead, that the term “emergency” means a situation in which the life of an animal is threatened and immediate treatment or medical aid is necessary.

Existing regulations require the Board to charge and collect certain fees relating to licensure, registration, and permits to practice veterinary medicine. (NAC 638.035) Section 5 of this regulation requires the Board to charge and collect one-half of such fees for active members of, and the spouses of active members of, the Armed Forces of the United States, a reserve component thereof, or the National Guard.

Existing regulations require that fees and remittances be paid by money order, bank draft, check, or in currency or coin. (NAC 638.040) Section 6 of this regulation eliminates the option to pay by currency or coin.

Existing regulations provide that the Board will approve a course of continuing education that is provided or approved by certain organizations. (NAC 638.042) Section 7 of this regulation provides that the Board will also approve courses provided or approved by: (1) a board that licenses veterinarians or veterinary technicians in another state; or (2) an association or organization consisting of veterinarians or veterinary technicians that is organized on a statewide basis in another state or on a regional basis.

Existing regulations provide that the Board will grant credit for continuing education to a licensed veterinarian or a licensed veterinary technician for attending a portion of a Board meeting relating to complaints before the Board. (NAC 638.0432) Section 8 of this regulation instead provides the Board will grant credit for attending a meeting of the Board.

Existing regulations require each licensed veterinarian to maintain medical records for each animal receiving veterinary services. Existing regulations require that each medical record contain notes taken during surgery, including specific information relating to the vital signs of the animal. (NAC 638.0475) Section 9 of this regulation requires that if the information relating to the vital signs of an animal was generated by an automated device, the medical record must indicate that the information was reviewed and analyzed by a veterinarian, veterinary technician, or veterinary assistant during the surgery.

Existing law and regulations provide a list of specific acts a veterinarian is prohibited from performing. (NRS 638.070; NAC 638.048) Section 10 of this regulation prohibits a veterinarian from: (1) making a false or misleading statement on an application for licensure or registration with the Board, including renewal applications; and (2) making a false or misleading statement to a staff member of the Board, a member of the Board or the Board during an investigation or disciplinary action.

Existing regulations provide that an animal is deemed abandoned when the animal is delivered to a veterinarian pursuant to a written or oral agreement between the veterinarian and the owner of the animal or person delivering the animal and the animal is not claimed within 10 days after the day on which the animal was due to be claimed. Existing regulations authorize veterinarians to dispose of abandoned animals in a humane manner after sending notice to the owner of the animal or person who delivered the animal. (NAC 638.051) Section 11 of this regulation provides that an animal is deemed abandoned if: (1) the animal is left with the veterinarian or veterinary facility by a person whose identity is unknown or who cannot be contacted; (2) the owner or person who delivered the animal has not paid or claimed the animal; or (3) the owner or person who delivered the animal relinquishes ownership of the animal. Section 11 also: (1) provides that a veterinarian or veterinary facility may treat or decline to treat an abandoned animal; (2) requires the veterinarian or veterinary facility to notify the owner or person who delivered the animal before disposing of the animal if the identity of the owner or person is known; (3) authorizes a veterinary or veterinary facility to provide emergency care or humane euthanasia to an abandoned animal during an emergency; and (4) requires a veterinarian or veterinary facility to maintain a record for each animal disposed of that contains certain information about the animal.

Existing regulations provide a list of tasks that a veterinary assistant is authorized to perform under the supervision of a supervising veterinarian or a licensed veterinary technician. (NAC 638.06025) Section 12 of this regulation adds cold laser therapy to the list of such tasks.

Existing regulations require a mobile clinic, to have certain equipment and storage areas depending on whether the mobile clinic is used by a veterinarian whose practice is limited to large animals. (NAC 638.0635) Section 13 of this regulation instead provides that the equipment and storage areas that a mobile clinic must have or must have access to depends on whether the mobile clinic will be used as an examination and treatment site.

Existing regulations define the term “animal chiropractic” to mean the examination and treatment of a nonhuman animal through the manipulation and adjustment of specific joints and cranial sutures of the animal. (NAC 638.800) Section 14 of this regulation revises this definition to mean the examination and treatment of a nonhuman animal that is noninvasive, nonsurgical, drug-free, and which seeks to treat and manage musculoskeletal disorders that affect the joints, discs, soft tissue, and nerves that are biomechanical in nature.

Regulations R083-22APPROVED REGULATION OF THE NEVADA STATE BOARD OF VETERINARY MEDICAL EXAMINERS

LCB File No. R083-22

Filed December 29, 2022

Regulations related to: 

Updating requirements for VTIT applicants who have a BS in an animal science field (Zoology, Pre-Vet, Animal Science)
Establishing requirements for VTIT applicants who have a BS in a non-animal science-related field (Chemistry, Biology, Physics)
How to earn credit towards the alternate education requirement for VTIT applicants
Updating the requirements of supervising veterinarians

Legislative Counsel’s Digest:

New Hampshire

Introduced Bills (3)

State Boards – Membership/Miscellaneous

NH HB138 – Removes the commissioner of agriculture as the supervisor over clerical personnel of the state board of veterinary medicine.

NH HB655 – This bill redefines the roles and responsibilities of the Office of Professional Licensure and Certification (OPLC) for the boards and commissions. OPLC issues licenses, sets fees, provides legal and investigatory services, and presents administrative rules as advised by the boards and commissions. The bill consolidates administrative authority for OPLC in a new chapter and repeals redundant provisions of law.

Veterinary – PMP

NH SB162 – Relative to rabies vaccines exemptions: The exemption shall be valid for one year. After the initial year has expired and if the animal still qualifies for the exemption, the exemption shall be recertified by a veterinarian licensed under RSA 332-B on an annual basis.

Rules and Regulation

Adopt Vet 207 to read as follows

Vet 400, previously effective 8/1/19 (Document #12842, Interim) expired 1/28/20.

Adopted 02/15/23 – Effective 03/01/23

Board Watch

Vet 900    Animal Dental Care

Public Hearing:  Wednesday, February 15, 2023, at 9:00 AM at the OPLC offices at 7 Eagle Square, Concord NH.

**You do not need to attend the hearing to submit written comments.**

Deadline for Submitting Written Comment:  Monday, February 27, 2023, at 4:00 PM.
Please submit comments to OPLC-Rules@oplc.nh.gov.

________________________________________

Vet 800    Veterinary Nurses, Veterinary Technicians, and Veterinary Assistants
Final proposal for Joint Legislative Committee on Administrative Rules (JLCAR) committee meeting 02/17

New Jersey

Introduced Bill (1)

Veterinary – Client Advisement

NJ S3529 – An animal or veterinary facility shall distribute to the individual bringing an animal to the facility for treatment a paper copy of the policy at the facility regarding the use of sedation prior to the euthanasia of an animal as part of the documentation issued to individuals when seeking treatment for an animal at the facility if euthanasia is considered as a possible course of treatment for the animal. If the documentation noted in subsection a. of this section is managed in an electronic format, the policy or a link to the policy of the facility regarding the use of sedation prior to the euthanasia of an animal shall be posted, clearly and conspicuously, as part of the electronic documentation accessible to the animal owner.

New Mexico

Introduced Bills (4)

State Boards – Membership/Miscellaneous

NM HB201 – extends veterinary board sunset until 2029.

NM SB111 – The state shall suspend the collection of license fees for initial licensure of individuals in the professions and occupations listed in this section; provided that this provision does not include businesses or managers or supervisors of businesses. This program of suspension shall begin July 1, 2023, and end July 1, 2026. The regulation and licensing department, adjunct licensing boards, and other departments that license professions and occupations listed in this section shall collect and analyze data to determine whether the suspension of initial license fees results in increased participation in licensed professions and occupations and whether additional licensees are drawn from resident New Mexicans or other jurisdictions.

Veterinary – Loan Repayment/ Shortages

NM SB404 – The department may grant an award to repay loans obtained for veterinary educational expenses of a veterinarian or veterinary technician upon such terms and conditions as may be imposed by the rules of the department. Applicants shall declare their intent to practice as veterinarians or veterinary technicians within designated veterinary shortage areas of the state. The department shall designate areas of New Mexico in which there is an insufficient number of veterinarians or veterinary technicians to meet the demand for veterinary services. No amounts specified, other than $500,000 appropriated.

Veterinary – Reciprocity

NM HB384 – Requires the veterinary board to issue an expedited license to an applicant with an out-of-state license. The board shall process the application as soon as practicable but no later than thirty days after the out-of-state veterinarian files an application for expedited licensure. The board by rule shall determine those states and territories of the United States and the District of Columbia from which it will not accept an applicant for expedited licensure and shall determine any foreign countries from which it will accept an applicant for expedited licensure. The board shall post the lists of disapproved and approved licensing jurisdictions on the board’s website.

New York

Introduced Bills (12)

Animal Welfare

NY A00071 – The task force on the state of animal laws is hereby created within the department to examine, evaluate and determine how to improve the relationship between animals and humans and the animal protection laws. The task force established shall: (a) study laws, rules, and regulations governing animals, including but not limited to companion animals, farm animals or animals raised for food producing purposes, wildlife and animals used in entertainment, research or experimentation or any other field that governs the use or treatment of animals; (b) study laws, rules, and regulations governing the operations of duly incorporated societies for the prevention of cruelty, duly incorporated humane societies, pounds, shelters, municipal or otherwise, and pet dealers; and (c) recommend ways by which to modernize the laws governing animals provided, however, that the task force shall not have authority to make recommendations concerning the following: statewide standards for service, therapy, guide, hearing or assistance animals, laws that would limit the rights of persons with disabilities with respect to service, therapy, guide, hearing or assistance animals, and laws that would limit the rights of trainers of service, therapy, guide, hearing or assistance animals.

Animal Welfare – Pet Insurance

NY S03570 – Regulates the issuance of pet insurance policies covering veterinary expenses. A stricter model of the Pet Insurance Act. No policy of pet insurance to which this article applies may be issued if such policy excludes any of the following: a pre-existing condition; a congenital anomaly or disorder; a hereditary disorder; or a chronic condition.

Human Opioid Antagonists

NY A02043 – Requires health care professionals to prescribe opioid antagonists when prescribing an opioid. “Health care professional” means a person licensed, registered, or authorized pursuant to title eight of the education law to prescribe prescription drugs. Includes veterinary and pharmacy.

Non-Economic Damages/NED-Related

NY A03976 – A person who with no justifiable purpose intentionally, recklessly, or negligently, by act or omission causes the death of a companion animal shall be liable in damages for the fair monetary value of the deceased companion animal to his or her owner, including damages for the loss of the reasonably expected society, companionship, comfort, protection and services of the deceased companion animal to his or her owner; court costs and reasonable attorney’s fees; and other reasonable damages resulting from the intentional, reckless or negligent act or omission.

NY S04084 – Allows courts to consider the bond between an animal and owner, and emotional harm when determining compensation for injury or death.

Veterinary – Cannabis

NY A02628 – Adds animals to the medical marijuana laws by changing patient to include animal and adding, “any medical condition that may benefit from treatment with medical marihuana as determined by a veterinarian licensed pursuant to article one hundred thirty-five of the education law.”

Veterinary – Compounding

NY S02314 – Permits the compounding, dispensing, and sale of pharmaceuticals to veterinarians. Pharmacist may dispense drugs, including veterinary-specific compounded medications, to a veterinarian, and a veterinarian may possess and keep in stock for administration and sale, such drugs pursuant to a non-patient specific regimen prescribed or ordered by any practitioner of veterinary medicine licensed pursuant to article one hundred thirty-five of this title. Provided, however, that any dispensing of drugs containing opioids or other controlled substances shall be subject to limitations determined by the Department of Health.

Veterinary – Declaw/Ear/Tail/De-Vocalize

NY A03024/ NY A03569 – Restricts the performance of surgical devocalization procedures on dogs and cats.

NY A03714 – Prohibits ear clipping or tail docking unless medically necessary and done by a licensed veterinarian. No reporting requirements.

Veterinary – Large Animal

NY A03586 – Excludes the use of equine pulsed electromagnetic field therapy from the practice of veterinary medicine.

Veterinary – Pharmacy

NY S04021 – Beginning one year from the effective date of this title, medically important antibiotics shall not be administered to a food-producing animal unless ordered by a licensed veterinarian who has visited the farm operation within the previous six months, through a prescription or veterinary feed directive, pursuant to a veterinarian-client-patient relationship that meets the requirements as defined by the state office of professions. 2. (a) beginning two years from the effective date of this title, a livestock producer may administer a medically important antibiotic to a food-producing animal only if a licensed veterinarian, in the exercise of professional judgment, determines that the administration of the medically important antibiotic to the animal is necessary: (i) to control the ongoing spread of a diagnosed disease or infection; (ii) to treat a diagnosed disease or infection; or (iii) in relation to surgical or other medical procedures. (b)(i) medically important antibiotics shall not be administered by any person to food-producing animals solely for the purposes of promoting weight gain, improving feed efficiency, or disease prevention. (ii) blanket dry cow therapy, whereby all dairy cows in a herd entering a dry cycle are routinely administered an antibiotic to prevent clinical mastitis, is considered a method of disease prevention, and is not authorized.

Board Watch

From the minutes of the 01/27/23 NYSBVM meeting

Review of “Buoys Law”:

This bill was passed by both houses and signed into law, effective June 2023. The board is looking to draft regulations for approval by the Board of Regents. Having this completed in time for June will be a challenge due to the many steps involved. The bill states that “Dispensing information to be provided by veterinarians. 1. Each time a veterinarian prescribes, dispenses, or provides a drug to an animal, the veterinarian shall provide to the owner of such animal, or his or her agent, the following information:

(a) the name and description of the drug;

(b) directions for use, including, if applicable, any actions to be taken in the event of a missed dose;

(d) any common reasonably anticipated adverse effects associated with the use of such drug; and

(e) if available, manufacturer precautions and relevant warnings.

The provisions of paragraphs (d) and (e) of subdivision one of this section shall only apply when the manufacturer has made available information for the specific animal species to which such drug is prescribed, dispensed, or provided.”

There is concern that most prescriptions used in Veterinary Medicine are considered “off-label” and do not have packaged inserts, placing the onus on the Veterinarian to create their own warning for the patient. There is also concern if this applies when the drug is dispensed by an outside pharmacy with no oversight on the Veterinarian’s behalf. Should a compounding pharmacy or teaching hospital be the ones to provide drug information if they are dispensing? Pharmacies do already provide this information for human medicine.

The board debates the meaning of the word “provide” in the statement “…provides a drug to an animal”. There is concern if this use of “provide” implies that the drug information must be distributed with each refill. Would this use of “provide” also apply if an animal is being treated with anesthesia in a surgery/hospital setting? If so, must the drug information be released and reviewed prior to the operation? This standard does not exist for human medicine. Although it may make sense to interpret the law a certain way, it is important to pay attention to the actual language used in the law when writing regulations.

The law does not specify if these must be written instructions and it is implied that instructions could be oral—If so, the board should consider what the requirements would be to document oral instruction. Additionally, could the task of distributing information be delegated to an LVT or unlicensed staff? There is no mention of means of enforcement in the law at all. It is speculated that this is an issue of professional misconduct.

NYSVMS advocated for better wording of the law to ease the burden on Veterinarians. They are hoping that NYSED regulations do not place undue hardship on licensees that did not exist previously—the regulations should be clarifying and make the law less confusing. Ultimately, procedure should be at the discretion of the Veterinarians as licensed professionals practicing their profession. NYSVMS believes there is a layer of burden and liability that has not been made clear to the public.

Stephen Boese will create a rough draft of potential NYSED regulations by the end of next week and share with the board for review.

Update from the VCPR Workgroup:
Dr. Thompson discusses the status of the workgroup, which seeks to update the definition of a veterinary client/patient relationship (VCPR). The workgroup had a robust discussion with the governing body in Ontario, Canada whose VCPR standard serves as a potential model. They are considering removing these lines from the practice guidelines: 5.11 B “…This means that the veterinarian is personally acquainted with the keeping and care of the patient by virtue of:

a timely examination of the patient by the veterinarian, or
medically appropriate and timely visits by the veterinarian to the operation where the patient is managed, or
iii. medically appropriate and timely visits by the patient to the veterinary facility where the veterinarian is working.”

The intention is to remove the specifying language to create flexibility and leave it up to the Veterinarian’s discretion. The workgroup seeks to strike a balance between quality of care and access to care.

Another approach could be to leave the definition of the VCPR as it is but create separate telemedicine guidance for emergency circumstances that may require it. There would be a need to define those situations of what would constitute an extraordinary circumstance to create a standard.

The workgroup intends to schedule another meeting before the next board meeting.

North Dakota

Introduced Bill (1)

Non-Economic Damages/NED-Related

ND HB1361 – Notwithstanding any other provision of law, an individual’s rights are superior and not equal to environmental elements, artificial intelligence, animals, inanimate objects, corporations, or governmental entities. Environmental elements, artificial intelligence, animals, inanimate objects, corporations, or governmental entities may not be granted personhood in the state or any right personhood entails.

Bill with Significant Action (1)

ND HB1455 – Reported back amended, do pass out of House Finance and Taxation Executive Session, amendment placed on calendar. Sales tax exemption for materials used in the research and development of bioscience and biotechnology and manufacture of bioscience and biotechnology products. “Bioscience” means the use of compositions, methods, and organisms in cellular and molecular research, development, and manufacturing processes in areas, including pharmaceuticals and veterinary medicine.

Oklahoma

Introduced Bills (

Non-Economic Damages/NED-related

OK HB1992 – Dog and Cat Bill of Rights. C. Each public animal control agency or shelter, Society for the Prevention of Cruelty to Animals shelter, humane society shelter, or rescue group in the state shall make a copy of the notice specified in subsection E of this act available through at least one of the following methods:

By posting the notice on the facility’s website clearly and conspicuously; 2. By posting a written copy of the notice in the facility where it is accessible to public view; or
By including the notice on the application for adoption clearly and conspicuously;

“Dogs and cats deserve to be free from exploitation, cruelty, neglect, and abuse. Dogs and cats deserve a life of comfort, free of fear and anxiety. Dogs and cats deserve daily mental stimulation and appropriate exercise considering the age and energy level of the dog or cat. Dogs and cats deserve nutritious food, sanitary water, and shelter in an appropriate and safe environment. Dogs and cats deserve regular and appropriate veterinary care. Dogs and cats deserve to be properly identified through tags, microchips, or other humane means. Dogs and cats deserve to be spayed and neutered to prevent unwanted litters.”

State Boards – Membership/Miscellaneous

OK HB2863/ SB1005 – Creates the Oklahoma State University Veterinary Medicine Authority. Charged with the mission of supporting the Veterinary Medicine Education programs of the Oklahoma State University College of Veterinary Medicine, entering into academic affiliation agreements in support of Oklahoma State University veterinarian training programs, operating or leasing the operations of the teaching animal hospital or hospitals for the benefit of the Oklahoma State University College of Veterinary Medicine and providing care for the animal patients of Oklahoma State University veterinarian trainers.

OK SB896 – An Act relating to occupation certification; defining terms; allowing for the private certification of professionals; requiring private certifying organizations to register with the Secretary of State; allowing the Secretary to impose fees in order to maintain registry; requiring participating organization to publish certain information for applicants, require and verify the certifications necessary for certifying; allowing an organization to require individuals to obtain a bond for liability and pay fees to the organization during certification; permitting an individual privately licensed by an organization to participate in their privately licensed occupation lawfully; prohibiting the government to impose a penalty, fine, or fee on individuals privately licensed; requiring signage of privately licensed individuals; providing necessary information on signage; providing allowable terms for privately licensed individuals to use; establishing conditions for violations by the individual; authorizing the Secretary to terminate registration or participation of organization in violation of consumer protections; providing exceptions not limiting government enactment and enforcement; prohibiting certain actions; providing for codification; and providing an effective date.

Veterinary – Pharmacy

OK SB475 – The Director is authorized to give agents and inspectors of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control authority to issue citations for violation of any rules of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control under subsection D of Section 2-304 of this title. Citations shall contain a statement of the basis therefore and shall call upon the registrant to appear before the appropriate person or agency at a time and place no more than sixty (60) days after the date of service of the citation. D. The Director may authorize the Deputy Director, General Counsel, or other designee of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control to initiate any individual proceeding against a registrant provided that citations issued by agents or inspectors are approved by the Director, Deputy Director, General Counsel, or other designee. Nothing in this section shall be construed so as to delegate the authority of the Director to issue a final agency order.

Oregon

Introduced Bill (1)

State Boards – Appropriations

OR HB5023 – $1,598,764 is established for the biennium beginning July 1, 2023, as the maximum limit for payment of expenses from fees, moneys, or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the Oregon State Veterinary Medical Examining Board.

Rhode Island

Introduced Bills (2)

State Boards – Appropriations

RI H5200 – Of this general revenue amount, $50,000 is appropriated to the Conservation Districts and $100,000 is appropriated to the Wildlife Rehabilitators Association of Rhode Island for a veterinarian at the Wildlife Clinic of Rhode Island.

Veterinary – Cannabis

RI H5504 – This act would include domestic pets, dogs and cats only, as eligible to use medical marijuana, through an authorized person, if certified by a licensed veterinarian, and provides that the cannabis commission adopt rules and regulations concerning the prescribing of medical cannabis for domestic pet use. This act would take effect upon passage.

South Dakota

Introduced Bills (2)

State Boards – Appropriations

SD SB203 – Appropriates to the Board of Veterinary Medicine: $59,788

Veterinary Technicians

SD SB142 – prohibits certain persons from using the title veterinary technician.

Tennessee

Introduced Bills (2)

Veterinary – Telemedicine/VCPR

TN HB1132/ SB1149 –
(a) Notwithstanding subdivision (a)(1) and subsection (b), a veterinarian licensed in this state may conduct an initial evaluation of a patient through electronic or telephonic means only in remote regions of this state where there is no locally available veterinarian if:

(1) Travel for a physical exam or premises visit with the client is impossible;
(2) The veterinarian requests that, at the earliest date when reasonably achievable, the patient be presented for an in-person examination or that the veterinarian conduct a medically appropriate visit to the premises where the patient is kept; and
(3) The veterinarian provides the client with:
(A) The veterinarian’s identity, location, and licensure status; and
(B) Any privacy or security issues involved in accessing veterinary services through electronic means.

(b) Once a veterinarian-client-patient relationship is established under subsection (a), the relationship may be maintained by electronic or telephonic means during the twenty-four (24) months that follow the date of the initial exam or premises visit. Not later than twenty-four (24) months after the date of the initial physical exam or medically appropriate visit to premises, the licensed veterinarian, client, and patient must have another physical exam or premises visit. Each additional physical exam or premises visit must occur not later than twenty-four (24) months after the date of the prior physical exam or premises visit in order for the veterinarian-client-patient relationship to continue.

Texas

Introduced Bills (2)

Pet Care Services

TX HB2063 – A kennel owner or operator who is boarding or providing services to a dog or cat at the kennel may not leave the dog or cat unattended without an employee present unless: (1) the kennel owner or operator provides written notice to the owner of the dog or cat that the dog or cat will be left unattended at the kennel without an employee present during the hours specified in the notice; and (2) the owner of the dog or cat provides to the kennel owner or operator a signed document consenting to the dog or cat being left unattended as provided in the notice.

Veterinary – Loan Repayment/ Shortages

TX HB2026 – Removes requirement to attend an in-state program. Appears this would expand eligibility instead of restricting it from those attending out-of-state programs.

Board Watch

WITHDRAWN:

22 TAC §571.18 The Texas Board of Veterinary Medical Examiners withdraws proposed new §571.18, which appeared in the August 12, 2022, issue of the Texas Register (47 TexReg 4801).

LICENSING 22 TAC §571.18 to protect the title Licensed Veterinary Technician to be used by those individuals who have attended a recognized program institution and have been licensed. 

22 TAC §573.27 The Texas Board of Veterinary Medical Examiners withdraws proposed new §573.27, which appeared in the August 12, 2022, issue of the Texas Register (47 TexReg 4801).

RULES OF PROFESSIONAL CONDUCT 22 TAC §573.27
to increase standards of veterinary medical practice in Texas and to protect the public. The amendment also clarifies the times in which the veterinarian must obtain consent prior to performing an examination or procedure.

Utah

Introduced Bill (1)

Shelters

UT SB0108 allows a shelter to use sodium pentobarbital or a derivative as the exclusive method for euthanasia of an animal. An animal shelter shall administer sodium pentobarbital or a derivative by:
(a) intravenous injection by hypodermic needle;
(b) intraperitoneal injection by hypodermic needle; or
(c) if an animal is unconscious, intracardial injection by hypodermic needle.

This does not apply to an animal control officer who euthanizes an animal in an emergency situation outside of an animal shelter’s facility or place of business

Crossed Over Bills (2)

Veterinary – Large Animal

UT HB0187 exempts an individual who is testing bovine for pregnancy from the requirement to be licensed under the Veterinary Practice Act.

Veterinary – Loan Repayment/Shortages

UT HB0184 – There is created within the department the Veterinarian Education Loan Repayment Program. (2) (a) Subject to Subsection (2)(b), beginning July 1, 2028, and as funding for the program permits, the program shall make a one-time payment to a qualified veterinarian on a first-come, first-served basis in an amount equal to the least of: (i) the sum of the qualified veterinarian’s education loan balances; (ii) $100,000; or (iii) unexpended funds appropriated to the program. (b) A qualified veterinarian is eligible for payment from the program if the qualified veterinarian: (i) applies as a qualified veterinarian for payment from the program; and (ii) registers with the program at least five years before the day the veterinarian applies for payment under Subsection (2)(b)(i).

Vermont

Introduced Bill (1)

Veterinary

VT H0167 – This bill proposes to appropriate $400,000.00 from the General Fund to the Agency of Agriculture, Food and Markets in fiscal year 2024 to provide grants of $100,000.00 each to four veterinary clinics or hospitals in diverse geographic regions of the State to enable them to remain open during evening and weekend hours for emergency veterinary care.

Virginia

Crossed Over Bills (2)

Animal Welfare – Rabies

VA HB1577 requires a person confining an animal with rabies to allow the Department of Health to access the animal during such confinement.

Veterinary

VA HB2195 – Creates an apprenticeship council, among many other workforce-related provisions. No specific reference to veterinary or any other profession. Just general interest.

Washington

Introduced Bill (1)

Veterinary

WA HB1452 – Creates a state medical reserve corps to respond to emergencies, which specifically includes veterinarians. Rules to be developed.

Board Watch

Proposed Rules Department of Health

West Virginia

Introduced Bill (1)

Veterinary Technicians

WV HB2995 – Replaces technician with nurse and adopts fresh start language.

Wyoming

Crossed Over Bill (1)

Agricultural

WY HB0180 Promulgates rules to establish a standard communication protocol to inform all livestock producers, veterinarians, and brand inspectors in the county where a non-negative brucellosis test has been confirmed for any animal. Allows release of information related to brucellosis non-negative tests.

Dead Bills (2)

Pharmacy

WY HJ0011 – That the Legislature of the State of Wyoming requests that the United States Congress enact legislation or make other necessary policy changes to allow agricultural producers to continue to access medically important antibiotics for their livestock over the counter and to remove the requirement that the use of medically important antibiotics be supervised and prescribed by a licensed veterinarian.

Veterinary – Tax Issues

WY HB0072 – Makes various changes to the state tax. Adds specific services to the sales tax and decreases the overall tax from 4% to 2.5%. Unclearly written but appears to include veterinary services, except for livestock services. Unclear if pet care services would be included.

Jurisdiction Report February 2023

Updates by Jurisdiction

Alaska

Arizona

Arkansas

British Columbia

California

Colorado

Connecticut

D.C.

Florida

Georgia

Hawaii

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Minnesota

Mississippi

Missouri

Montana

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Dakota

Oklahoma

Oregon

Rhode Island

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wyoming

Contact us

Need help?

Headquarters, Kansas City