Conventional Report April 2023
This report shares short summary highlights of tracked legislative bills and rules & regulations that have seen activity in April 2023, as well as available board and state VMA updates.
The Table of Contents below is your clickable guide through this conventional monthly report. To see the report sorted by jurisdiction for a quick view, please visit April 2023 Updates by Jurisdiction.
Table of Contents
1. Legislative Activity
There are 23 passed bills, 31 introduced bills, 31 cross-overs, 8 bills with significant action, and 2 dead bills.
There are 23 passed bills.
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.
IN SB0423 Those impounding animals must notify the owner that the animal is held and the bond requirements. Allows vets to euthanize, must try to notify the owner 10 before. Bond language exists, but changes the 10-day deadline to 10 business days. The 10-day period starts when impounded and without a court order.
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 and Appropriations
AZ HB2570 appropriates $8,000,000 to the College of Veterinary Medicine. The amount appropriated to the college line item shall be distributed to the college 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: the current number of students who are residents of this state, and the current number of students who are not residents of this state.
IN HB1623 requires publication of the text of a proposed rule in the first comment period and allows a proposed rule to be adopted after one comment period if no substantive public testimony is received and the rule is not more stringent than applicable federal standards.
MS SB3034 The following sum, or so much thereof as may be necessary, is appropriated out of any money in the State Treasury to the credit of the Mississippi State Board of Veterinary Examiners for the purpose of defraying the expenses incurred by said board for the fiscal year beginning July 1, 2023, and ending June 30, 2024, $ 192,617.00.
OK HB2863 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.
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.
IN SB0004 For a county with a population of less than 200,000, the members of a local board of health shall be chosen as follows: Five (5) persons knowledgeable in public health, at least one (1) of whom is a physician, and appointed by the county executive. The other appointees may be any of the following:…A veterinarian licensed under IC 25-38.1.
MD SB390 allows the board to authorize a veterinarian 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 1) 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 – Facilities
IN SB277 requires an animal facility to 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. “animal facility” means any of the following: (1) a pet store. (2) a veterinary hospital. (does not include boarding)…amended to include overnight boarding and animal care facilities without a resident on site.
Veterinary – Prescriptions
Veterinary – Reciprocity/Military
IN SB0400 – 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.
NM HB384 – Requires the veterinary board to issue an expedited license to an applicant with an out-of-state licensed. 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.
Veterinary – Telemedicine
KY HB167 Reorganizes KRS Chapter 321, relating to veterinary licensing; create new sections of KRS Chapter 321 to set up rules for telehealth, records retention, and veterinary facilities; list license renewal procedures for veterinary technicians, animal euthanasia specialists, and veterinary facilities; require fingerprint-supported criminal records checks for licensing; amend various sections of KRS Chapter 321 to establish rules for occupations and facilities under the chapter, including licensing, license renewal, licensee discipline, authorized activities, and veterinarian-client-patient relationships; declare the legislative intent for KRS Chapter 321; establish procedures for allied animal health professionals; require a veterinarian to attain a doctorate in veterinary medicine; authorize veterinary practice through special permits and mobile facilities; establish board membership, board procedures, and authority of the veterinary wellness committee; permit the board to expend funds from its revolving fund for designated purposes; repeal and reenact KRS 321.181, 321.190, and 321.235 to define and redefine terms, set practice conditions and exemptions, and establish board duties, privileges, and personal immunity from suit; amend KRS 321.990 to allow criminal and civil penalties; amend KRS 321.188 to conform
AR HB1566 – An act to modify the collaborative practice agreement between a veterinarian and a veterinary technician specialist established under act 161 of 2023; to prohibit a veterinary technician specialist from receiving compensation for performing the practice of specialized veterinary technology; and for other purposes.
There are 31 introduced bills.
Occupational Licensing – Reciprocity
MN HF2930 creates the Minnesota One Health Antimicrobial Stewardship Collaborative, a. Program to leverage new and existing partnerships. The Commissioner of Health shall consult and collaborate with organizations and agencies in fields including but not limited to health care, veterinary medicine, animal agriculture, academic institutions, and industry and community organizations to inform strategies for education, practice improvement, and research in all settings where antimicrobials are used.
NJ S3743 adds two members to the New Jersey State Board of Pharmacy, one of which is to be a veterinarian pharmacist to ensure that veterinarian pharmacological matters are given due consideration by the board.
State Boards and Appropriations
CA SB887 The bill would revise the composition of wellness evaluation committees to require at least one licensed veterinarian, at least 2 public members, and at least one registered veterinary technician. The bill would require the board to consider appointing individuals with specified experience, knowledge, or expertise in impairment to be applicable to all appointments to a wellness evaluation committee. Deletes the provision requiring a veterinarian to be licensed or employed by the state and not out of practice for more than 4 years in order to be a reviewer or investigator.
MA H348 replaces “good moral character” with “lacks a criminal record or history of disqualifying convictions directly related to the duties or practices of a veterinary”.
MN HF2278 increases the Board of Animal Health from 6 to 11 members. Removes the representation of livestock producers and veterinarians for 8 regional and two public representatives. Must include gender balance and members must be knowledgeable in animal agriculture, animal health, or pets and companion animals. A veterinarian will still serve as executive director.
TX HB4123 allows the Veterinary Medical Board to obtain background checks for an applicant after that applicant is employed or, for an applicant who is not employed, after the check of the criminal history record information on that employee or contractor is completed. Texas criminal history record information obtained by the state Texas Bboard of Vveterinary Mmedical Eexaminers under subsection (a) may not be released or disclosed to any person except on court order, with the written consent of the person or entity that is the subject of the criminal history record information, or as provided by subsection (e). (c) after an individual is licensed or certified, the Texas Board of Veterinary Medical Examiners shall destroy the criminal history record information that relates to that individual.
MA H375 Exemption to the Vveterinary Ppractice Aact: The giving of aid or care of sick, injured, debilitated, and orphaned wildlife by a trained wildlife rehabilitator, as permitted by the Division of Fisheries and Wildlife in accordance with 321 CMR 2.13. Permitted wildlife rehabilitators shall enter into a signed written agreement with a veterinarian subject to written approval by the Division of Fisheries and Wildlife which shall outline the specific procedures, services, responsibilities, and limitations of the wildlife rehabilitator.
Veterinary – Cannabis
Veterinary – Declaw/Ear/Tail/Devocalization
NY S05674 prohibits ear clipping and tail docking unless done by a licensed veterinarian for medical reasons.
Veterinary – Facilities
Veterinary – Large Animal
MA H257 exempts the floating of teeth or removal of deciduous caps or erupted, non-displaced wolf teeth in horses by a licensed equine dental practitioner, as defined in Section 54A of this chapter, from the Veterinary Practice Act.
MA H258 defines “equine dental practitioner” as a person who is a veterinarian or who is certified by the international association of equine dentistry. Creates certification and eligibility.
Veterinary – Loan Repayment/Shortage
Veterinary – Licensing
MA H267 changes the veterinarian license from an annual license renewed each March, to a biennial license renewed every January.
Veterinary – Tax Issues
MA H3664 adds the following subsection to law: (yy) Sale of prescription drugs intended for animal use, durable medical equipment and prosthetics intended for animal use, and veterinary supplies intended for animal use. As used in this subsection, the term “prescription drugs intended for animal use” shall mean a drug dispensed only by or upon the lawful written order of a licensed veterinarian, and the term “veterinary supplies” shall mean tangible personal property therapeutic in nature, not normally used absent illness or injury and not intended for repeated usage.
Veterinary – Telemedicine
CA AB1399 allows for the virtual establishment of a VCPR. A veterinarian must hold a current California state license and use real-time video communication for establishment (prohibits audio-only for VCPR establishment). There is a 6-month prescription limit with one refill.
CA SB669 allows RVTs to administer preventive or prophylactic vaccines or medications for parasites in the hospital, under indirect supervision, or within 5 miles of operation and agreement by the clinic to treat any adverse effects (vet or supervisor can provide indirect supervision), requires RVTs to work under written protocol with supervisors, specifies protocol requirements, must provide disclosure and obtain consent.
FL S0554 adds “performed an in-person examination of the patient” to the exam requirements for a VCPR. 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.
Veterinarian – Vaccinations
SC H4303 Rabies Control Act. A veterinarian-client-patient relationship is not necessary for the administration of vaccines which are approved by the Department of Health and Environmental Control and licensed by the United States Department of Agriculture so long as the individual administering the rabies vaccine is:
(A) a licensed veterinarian;
(B) under the supervision of a licensed veterinarian pursuant to the South Carolina Code of Regulations, Chapter 120; or
(C) a certified vaccine technician as defined in Section 40-69-20.
AR HB1673 amends veterinary technician requirements to require a copy of the applicant’s diploma or its equivalent from a college-level program accredited by the American Veterinary Medical Association or a Bachelor of Science degree in Animal Science with a pre–veterinary emphasis.
1.3 Crossed Over
There are 31 cross-over bills.
MN SF2995 Creates the Minnesota one health antimicrobial stewardship collaborative. Program to leverage new and existing partnerships. The commissioner of health shall consult and collaborate with organizations and agencies in fields including but not limited to health care, veterinary medicine, animal agriculture, academic institutions, and industry and community organizations to inform strategies for education, practice improvement, and research in all settings where antimicrobials are used.
MT SB561 creates a veterinary retail facility permit and a veterinary dispensing technician, which requires completion of a program. The VDT would be allowed to dispense veterinarian prescriptions for livestock only, which can be transmitted electronically, written, or orally.
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.
Pet Product/Pet Services/Preemptions
TX HB2127 A municipality may not adopt, enforce, or maintain an ordinance or rule that restricts, regulates, limits, or otherwise impedes a business involving the breeding, care, treatment, or sale of animals or animal products, including a veterinary practice, or the business’s transactions if the person operating that business holds a license for the business that is issued by the federal government or a state.
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.
MT SB504 adds exemptions from the Vveterinary Ppractice Aact: “an animal shelter from caring for and treating the animal shelter’s own animals and stray animals or being assisted in this treatment by the animal shelter’s employees, as defined in 2-18-601, employed in the conduct of the animal shelter’s business or by other persons whose services are rendered gratuitously in case of emergency.”
State Boards and Appropriations
IL HB2855 amends provisions of the Lyme Disease Prevention and Protection Act concerning the Lyme Disease Task Force. Provides that one veterinarian appointed to the Task Force by the Director of Public Health must be a practicing Doctor of Veterinary Medicine. Adds one medical entomologist appointed by the Director of Public Health to the Task Force. Requires the Task Force to meet not less than 4 (rather than 2) times each year.
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.
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 veterinary and veterinary technician representatives be state–licensed and practice in state.
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.
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.
TX SB30 Higher education coordinating board: rural veterinarians grant program. All unexpended and unobligated balances remaining as of the effective date of this act from appropriations made by the supplemental appropriations act, from the ARPA fund to the higher education coordinating board to provide funding for the rural veterinarians’ grant program (estimated to be $1,000,000) are appropriated to the coordinating board for the same purpose for the two-year period beginning on the effective date of this act.
MT HB152 requires licenses to be issued within 30 days of a “complete, routine” application. Must be notified within 10 days of any deficiencies. Places various professions under the same background check requirements, including pharmacy, but does not include veterinary. Creates a temporary license for a military spouse.
TX SB1523 – If the board determines that a complaint filed with the board is unfounded, the board shall: (1) dismiss the complaint; and (2) include a statement in the record of the complaint that the complaint was dismissed because the complaint was baseless. (b) The board shall adopt rules that establish criteria for determining whether a complaint is unfounded.
Veterinary – CAIT
AZ SB1401 creates certification for animal acupuncturists and provides an exemption from the Veterinary Practice Act. Must be certified, have a veterinary referral, and provide records to veterinarian upon request.
MO HB88 – Removes animal chiropractors from the Veterinary Practice Act. Must be certified.
Veterinary – Facilities
NC S282 – At least one week prior to conducting any inspection pursuant to G.S. 90-185(3) or G.S. 90-186(2), the Board shall provide written notice of the upcoming inspection to the veterinarian. The written notice may be provided via electronic communication. The veterinarian may contact the Board to reschedule the inspection, but the inspection shall be rescheduled no later than one week after the originally scheduled date of the inspection. Along with the written notice of inspection, the Board shall provide the veterinarian with a checklist of all standards adopted by rule for which the inspector may issue a violation and, with as much specificity as possible, conditions that violate the standards.
Veterinary – Loan Repayment/Shortage
CO SB044 increases the veterinary loan repayment program from 4 to 6 applicants, increases the max loan amount from $70,000 to $90,000, step payment plan that increases $5,000 per step, and increases funding from $140,000 to $540,000.
MO HB403 Increases the number of eligible veterinarians for the loan repayment program from 6 to 12. Increases the loan amount from $20,000 to $30,000 per and $80,000 to $120,000 maximum. Allows the number of vets to be increased if funding is available. Allows funding from donations.
Veterinary – PMP
AK HB56 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.
Veterinary – Technician
Veterinary – Reciprocity
KS HB2388 – Requiring that licensing bodies provide verified electronic credentials to credential holders, including military service members 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.
Veterinary – Telemedicine
FL H1117 (4) A veterinarian practicing telemedicine shall do all of the following:
(a) Establish the veterinarian/client/patient relationship.
(b) Provide the client with a statement containing the veterinarian’s identity, license number, and contact information and the contact information for at least one physical veterinary clinic in the vicinity of the pet’s location and instructions for how to receive patient follow-up care or assistance if the veterinarian and client are unable to communicate because of a technological or equipment failure or if there is an adverse reaction to treatment. The veterinarian shall obtain from the client a signed and dated statement indicating the client has received the required information.
(5) A veterinarian practicing veterinary telemedicine may order, prescribe, or make available medicinal drugs or drugs as defined in chapter 465. Controlled substances require a physical exam.
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”.
Veterinary – Vaccinations
Veterinary – Declaw/Ear/Tail/Devocalize
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.
MO SB115 The general assembly hereby occupies and preempts the entire field of legislation concerning the practice of veterinary medicine regulated under this chapter. A political subdivision of this state is preempted from enacting, maintaining, or enforcing any order, ordinance, rule, regulation, policy, or another similar measure that prohibits, restricts, limits, regulates, controls, directs, or interferes with the practice of veterinary medicine. Provides exemptions for zoning, vaccinations, etc.
There are 8 hearings.
Animal Welfare – Tax Issues
ND HB1455 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. 4/20 Reported back from conference committee, amend, placed on calendar.
Occupational Licensing – Reciprocity
FL S1364 Reciprocity for someone licensed in good standing for at least 1 year. Includes veterinarianss. A board shall provide an applicant with a written decision regarding his or her application within 90 days of receiving a complete application.
Requires the board to issue occupational license or government certification to a new state resident applying if: The person 1) holds a current license (similar scope of practice up to board determination) 2) has held the license for at least 1 year 3) completed board required examination, educations, training, or experience of previous licensing entity 4) is in good standing 5) does not have a disqualifying criminal record 6) has not had their license revoked or surrendered 7) has no pending investigations/allegations.
If another licensing entity issued the person a government certification but this state requires an occupational license to work, a board must issue an occupational license to the person if the person otherwise satisfies the paragraph. Provisions for military and persons who worked in states that don’t use an occupational license or government certification to regulate occupation. Unless a board can demonstrate a substantial difference between licensure or certification requirements of another licensing entity and this state, there is a presumption that an applicant who holds a valid occupational license, government certification, or private certification, or otherwise meets the requirements.
Veterinary – CAIT
CA AB814 – It is the intent of the Legislature to enact subsequent legislation to authorize a veterinarian to refer an animal to a licensed physical therapist holding an advanced certification in animal physical rehabilitation to provide animal physical rehabilitation under the supervision of the veterinarian. Hearing 4/25
Veterinary – Declaw/Ear/Tail/Devocalization
NY S00142 Surgical devocalization of a dog or cat shall be performed only by a person licensed as a veterinarian under Article 135 of the education law. b. Surgical devocalization of a dog or cat may be performed where necessary to treat or relieve a physical illness, disease, or injury or correct a congenital abnormality suffered by the animal, where such physical illness, disease, injury, or congenital abnormality is causing or may reasonably cause the animal physical pain or harm, or when determined by a veterinarian to be medically necessary to preserve the life of the animal. 3. Any veterinarian who performs a surgical devocalization procedure on a dog or cat shall document the performance of such procedure in the treatment record of the patient, including the medical necessity justifying the procedure, as defined in section sixty-seven hundred fourteen of the education law. 4. Notwithstanding subdivisions one, two and three of this section, a surgical devocalization procedure shall not be performed on a dog or cat under six months of age unless the performance of such procedure is necessary, and the only alternative is death or euthanasia. Hearing 5/25
Veterinary – Loan Repayment/Shortages
CA AB1237 This bill, upon appropriation by the Legislature, would establish the California Public Interest Veterinary Debt Relief Program under the administration of the commission to award funds to California-licensed veterinarians, in relief of their educational loan debt, as defined, who enter into a contract with the commission to provide veterinary services in eligible premises settings, as defined, on a full-time basis, as specified. After a program participant has entered into an agreement with the commission to participate in the program and is employed full-time in an eligible premises setting, the commission shall provide the participant thirty thousand dollars ($30,000) annually, for five years, to reach a total amount of one hundred fifty thousand dollars ($150,000) or the total amount of the participant’s educational loan debt, whichever is the lesser amount. Hearing 5/03
Veterinary – Non-compete agreements
ME LD688 – Prohibited for certain workers. Notwithstanding subsection 2, an employer may not require or permit an employee to enter into a non-compete agreement with the employer. if: The employee is a veterinarian licensed under Title 32, chapter 71-A and is employed in a veterinary facility in which the employee does not have an ownership interest. A court may not enforce a non-compete agreement entered into or renewed with an employee who is a veterinarian licensed under Title 32, chapter 71-A before the effective date of this paragraph unless the employee is working in a veterinary facility in which the employee has an ownership interest. Hearing 4/26
Veterinary – PMP
AK 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. Hearing 4/24
Veterinary – Telemedicine
AZ SB1053 Amended by the House to prohibit a virtual VCPR for food-producing animals and limit prescriptions to a 14-day dose with one refill.
A. Notwithstanding any other law, a veterinarian may establish a veterinarian-client-patient relationship through electronic means if all of the following apply:
1. the veterinarian is licensed pursuant to this chapter or holds a permit pursuant to section 32-2217.01.
2. the veterinarian obtains consent from the client, including an acknowledgement that the standards of care prescribed by this chapter apply to in-person visits and visits through electronic means. The veterinarian shall maintain for at least one-year documentation of the consent described in this paragraph.
3. The veterinarian is able to refer the client to a local veterinarian who can see the animal in person. The client has the option to choose an in-person visit.
B. Veterinarians may prescribe drugs or medications after establishing a veterinary-client-patient relationship through electronic means, except that:
1. Prescriptions based on an electronic examination may be initially issued for not more than thirty days and may not be renewed for more than thirty days without an additional electronic examination or an in-person examination.
2. A prescription renewed once and based only on electronic examinations may not be renewed again without an in-person examination.
3. The veterinarian may not order, prescribe or make available a controlled substance as defined in section 36-2501 unless the veterinarian has performed an in-person physical examination of the patient or made medically appropriate and timely visits to the premises where the patient is kept.
C. Veterinarian services provided through electronic means are subject to the rules adopted pursuant to section 32-2275 relating to the practice of veterinary medicine.
There are 2 dead bills.
State Boards and Appropriations
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.
NV SB229 removes teeth floating services performed by a person who has received certain certification from the provisions of law governing veterinary medicine when performed on equine or certain livestock, thereby allowing such a person to perform such teeth floating services in this State without holding a license or being subject to certain regulations of the board.
2. Rules & Regulations Activity
Rules and Regulation changes that have taken effect.
12 AAC 68.215. Veterinarian-client-patient relationship is a proposed new section outlining the requirements for a veterinarian-client-patient relationship. The new section defines a client-patient relationship and requires the relationship to be initiated before caring for, or treating, an animal.
- • The rule allows for an initial evaluation through telemedicine for those in remote regions where a veterinarian is not available.
• A VCPR is valid for 12 months.
• This establishes a formal, and clearly defined, legal relationship between the veterinarian, their client, and the animal patient being treated.
• It provides clarification as to how telemedicine can be used by providers of veterinary services and what is required for them to practice under a license in Alaska. The purpose of this section is to provide legal and regulatory protection for the public which they can rely on when considering the use of telemedicine services.
• This regulation will assist veterinarians in complying with the federal Veterinary Feed Directive, which relates to veterinarians who prescribe medications for any animal that may enter the food chain for human consumption. In addition, the change will help protect the food supply by ensuring veterinarians provide for a site visit to the farm or facility in a timely manner when applicable.
Title 12 – Board of Veterinary Examiners regulations re: Veterinarian-client-patient relationship definition and requirements
(12 AAC 68.215)
Department of Law file number: 2022200599
To be published in Register: 246, July 2023
MAR 24-101-298 – the transfer and amendment of 24.155.201, and the adoption of NEW RULE I, regarding organizational, procedural, and public participation rules.
- On December 23, 2022, the Department of Labor and Industry (department) published MAR Notice No. 24-101-398 regarding the public hearing on the proposed amendment, transfer and amendment, and adoption of the above-stated rules, at page 2331 of the 2022 Montana Administrative Register, Issue No. 24.
- On January 13, 2023, a public hearing was held on the proposed amendment, transfer and amendment, and adoption of the above-stated rules via the videoconference and telephonic platform. Comments were received by January 20, 2023, deadline.
- The Board of Outfitters has thoroughly considered the comments received. A summary of the comments and the board response are as follows:
COMMENT 1: Numerous commenters supported the Board of Outfitters’ proposed rule changes.
RESPONSE 1: The board appreciates all comments received during the rulemaking process.
- The veterinary board has amended and adopted the following rules exactly as proposed:
Vet 1000 Prescription Drug Monitoring Program - Opioid Management
Adopt Chapter Vet 1000 to read as follows:
CHAPTER Vet 1000 PRESCRIPTION DRUG MONITORING PROGRAM PART Vet 1001 OPIOID MANAGEMENT
Vet 1001.01 Opioid Management by Veterinarians. Veterinarians shall not be obligated to prescribe opioids, and as required by RSA 318-B:10 I and II, licensees shall adhere to the following rules regarding prescribing of opioids for pain:
(a) Conduct and document a detailed patient history and physical exam in response to a complaint of pain or anticipated pain;
(b) Complete and document a risk assessment to determine whether a patient is a medically appropriate candidate for a schedule II, III, or IV opioid. Examples of acceptable risk assessment processes may be found in the 2022 AAHA/AAFP Pain Management Guidelines for Dogs and Cats, and the WSAVA Guidelines for Recognition, Assessment, and Treatment of Pain, June 2014 edition which are both available as noted in Appendix II;
(c) Establish and document a pain treatment plan for the patient that includes the lowest effective dosage of opioids for the fewest days possible as well as consideration of non-pharmacological modalities and non-opioid therapy. Examples of acceptable treatment plan considerations may be found in the 2022 AAHA/AAFP Pain Management Guidelines for Dogs and Cats, and the WSAVA Guidelines for Recognition, Assessment, and Treatment of Pain, June 2014 edition which are both available as noted in Appendix II;
(d) Document informed consent of the owner including:
(1) The risk of side effects for the patient;
(2) The risks of keeping unused medication;
(3) Options for safely securing and disposing of unused medication; and
(4) That prior to any query of the prescription drug monitoring program (PDMP) as required, the owner’s personal history of prescription access may be checked by the veterinarian, pursuant to RSA 126-A:92, in addition to the prescribing history for the patient;
(e) Prescribers required to register with the PDMP pursuant to RSA 126-A:91, or their designee, shall query the PDMP to obtain a history of schedule II-IV controlled substances dispensed to a patient, prior to the prescriber prescribing an initial schedule II, III, and IV opioids for the management or treatment of the patient’s pain, and then periodically, and but no less than twice per year, except when:
(1) Opioids are administered to patients in a healthcare setting;
(2) Treating acute pain associated with serious traumatic injury, post-operatively, or with an acute medical condition, with clear objective findings by the licensee, for no more than 7 days supply of schedule III, IV, or V substances; or
(3) When the PDMP database is inaccessible or not functioning properly the specific reason why there was no query of the database shall be documented in the patient’s medical record;
(f) If opioids are indicated and appropriate for prescription for acute pain, in addition to the requirements in Vet 501.04 (b), prescribing licensees shall not prescribe for more than 7 days supply of schedule III, IV, or V substances; and
(g) If opioids are indicated and appropriate for prescription for chronic pain, in addition to the requirements in Vet 501.04 (b) when opioids are prescribed for more than 90 days within any 6-month period, the prescribing veterinarian shall create and discuss a written treatment plan with the owner which includes but not be limited to:
(1) The goals of treatment, in terms of pain management and restoration of function;
(2) The owner’s agreement to give the medications to the patient at the dose and frequency prescribed;
(3) The risk of side effects for the patient;
(4) Time course for treatment, including periodic evaluation of the patient by the veterinarian to ascertain whether or not a change to, or discontinuance of, opioid therapy, is warranted;
(5) Specific conduct that triggers the discontinuation or tapering of opioids; (6) The owner’s obligation to provide safe medication use and storage;
(7) The owner’s legal requirement of obtaining opioid prescriptions from a single veterinary practice which shall be dispensed by a single pharmacy, if possible; and
(8) Any other provisions to which the owner and the veterinarian agree.
Vet 800 Veterinary Nurses, Veterinary Technicians, and Veterinary Assistants
Adopt Vet 800 to read as follows:
CHAPTER Vet 800 NON-VETERINARIANS
PART Vet 801 VETERINARY NURSES, VETERINARY TECHNICIANS, AND VETERINARY ASSISTANTS
Vet 801.01 Definitions.
(a) “Non-veterinarian” means a veterinary nurse, a veterinary technician, or a veterinary assistant employed and who is under the direction and responsibility of a licensed veterinarian.
Vet 801.02 Testing.
(a) Anyone who has graduated from an AVMA-accredited veterinary technology or veterinary nursing program shall be eligible to take the VTNE offered by the American Association of Veterinary State Boards (AAVSB).
(b) Anyone who has a bachelor’s degree with a concentration in pre-veterinary medicine and has 2 years of on-the-job training covering the tasks listed in Vet 802 and verified by a letter from a licensed supervising veterinarian shall be eligible to take the VTNE offered by the AAVSB until May 1, 2026. Anyone who wishes to take the VTNE after May 1, 2026, shall comply with (a) above.
(c) Anyone who has obtained 4 years of on-the-job training covering the tasks listed in Vet 802 and verified by a letter from a supervising veterinarian shall be eligible to take the VTNE offered by the AAVSB until May 1, 2026. Anyone who wishes to take the VTNE after May 1, 2026, shall comply with (a) above.
PART Vet 802 TASKS ALLOWED TO BE PERFORMED BY A VETERINARY NURSE OR VETERINARY TECHNICIAN
Vet 802.01 Veterinary Nurse or Veterinary Technician.
veterinary technician shall be authorized to assist during surgical procedures.
(1) Induction and maintenance of anesthesia, by inhalant gas or intravenous method, including placing of endotracheal tube;
(3) Administration of parenteral sedatives, including those intended as a premedication for anesthesia;
(4) Blood or blood component collection, preparation, or administration for the purpose of blood banking or transfusion;
(5) Application of bandages and splints;
(6) Dental procedures limited to the removal of calculus and plaque, polishing, and application of barrier sealants; and
(7) Central intravenous or arterial catheterization.
(c) Under indirect supervision, the following tasks may be delegated:
(1) Administration and application of treatments, drugs, medications, and immunological agents by oral and parenteral routes with the exception of:
a. Intra-cardiac or epidural routes; and
b. Medications intended to induce sedation as a premedication to anesthesia;
(2) Intravenous catheterizations except central venous or arterial catheters;
(3) Initiation of parenteral fluid administration;
(4) Radiography including settings, positioning, processing, and safety procedures;
(5) Collection of blood;
(6) Collection of urine by expression, catheterization, or cystocentesis;
(7) Collection and preparation of tissue, cellular or microbiological samples by skin scrapings, impressions, or other non-surgical methods;
(11) Measurement of blood pressure.
(d) Other services may be delegated which a veterinary nurse or veterinary technician is competent to perform as directed by the supervising veterinarian based on the veterinary technician or veterinary nurse’s skill level and shall include at a minimum indirect supervision unless those services are prohibited by this chapter or RSA 332-B.
(e) Under conditions of emergency, a veterinary nurse or veterinary technician may render the following aid and treatment:
(1) Without a direct order from a licensed veterinarian:
a. Application of a tourniquet or pressure bandage to control hemorrhage;
Adopted Text – 3/15/2023 – 2
c. Application of splints, wound dressings, or bandages to prevent further damage of or to bones or soft tissue;
d. Peripheral intravenous catheterization; and
e. Oxygen therapy.
(2) After a direct order from a licensed veterinarian, a veterinary nurse or technician may perform the administration of pharmacological agents or parenteral fluids.
(f) No veterinary nurse or veterinary technician shall:
(1) Make any diagnosis or prognosis;
(3) Perform surgery.
PART Vet 803 STUDENTS
Vet 803.01 Students in a Veterinary Technician Program. A person who is a student in an AVMA-accredited veterinary technology program or a post-secondary pre-veterinary program may perform the tasks described in Vet 802.01 while working under the direct supervision of a credentialed veterinary nurse or veterinary technician assuming the appropriate level of veterinary supervision as outlined in
PART Vet 804 VETERINARY ASSISTANTS
Vet 804.01 Tasks Allowed to be Performed by Veterinary Assistants. On order of the supervising veterinarian and as appropriate to the level of the veterinarian assistant’s skill as determined by the supervising veterinarian, a veterinary assistant under indirect supervision, may:
(a) Monitor anesthesia under immediate supervision;
(b) Obtain and prepare blood samples;
(c) Perform laboratory services for which an assistant has been trained and shall be conducted under indirect supervision as defined in Vet 102.01(u);
(d) Administer oral medication, subcutaneous injections, and fluids, except those intended to induce sedation prior to anesthesia which shall only be administered under immediate supervision;
(e) Connect and disconnect intravenous fluids; and
(f) Restrain the animal.
Oregon Veterinary Medical Examining Board voted to approve the proposed rule changes to OAR 875-040-0010 Certification of Technicians. These rule amendments were unanimously approved during the public Board meeting conducted on February 24, 2023.
OAR 875-040-0010 was amended to allow a Certified Euthanasia Technician (CET) Intern to obtain the required hands-on training with any licensed DVM or CET. This will give the interns additional options for obtaining the required hands-on training.
Current rule restricts the hands-on training of Certified Euthanasia Technicians (CET) within the entity in which they are employed. Many shelters do not have an attending Doctor of Veterinary Medicine (DVM) or a licensed CET on staff full-time. This makes it difficult for applicants to obtain the required hands-on training. Allow hands-on training with any licensed DVM or CET will give applicants additional options for obtaining the required hands-on training.
(1) Applicants must first apply as a CET Intern in order to obtain the training required for a permanent CET certificate. CET Interns may not act independently but only under the immediate supervision of a CET or Oregon-licensed veterinarian. The intern certificate will expire within one year of issue date and does not renew.
(a) The Board may conduct background checks on applicants and certificate holders. Applicants and certificate holders shall be required to provide any police and court records for any arrests and convictions.
(b) The applicant must be an employee or a volunteer at a humane society or animal control agency.
(c) Pay an initial certification fee of $25.00.
(2) Upon completion of the internship’s training, the intern may apply for a permanent certificate.
(3) In order for a person to become a permanent Certified Euthanasia Technician (CET), an application must include the following, within the last 12 months:
(a) 15 hours of documented observation and hands-on training done with a licensed DVM or CET and exhibits proficiency when assessed within their organization performing euthanasia of domestic pets and other animals when observed by a licensed veterinarian; or
(b) Completion of an approved euthanasia course and exhibits proficiency when assessed within their organization performing euthanasia of domestic pets and other animals when observed by a licensed veterinarian; and
(c) Submission of an evaluation verification form attesting that the applicant has satisfactorily completed the internship. The supervising, Oregon-licensed, veterinarian shall submit this form.
(4) Upon separation from an organization, a CET will not euthanize animals until the person is employed by or is a volunteer at another approved agency, completed specific training in association with that agency, and the CET has notified the Board.
(a) Certificates are valid only for the agency at which the person is currently working.
(b) The CET will notify the Board within 10 days of their separation from their organization.
(5) If a CET is reemployed or volunteers within 12 months of holding a CET license, the CET may apply to the Board for reactivation of their certification. After a 12-month lapse, the person must become recertified as described in (1).
(6) CET certificate holders will need to be recertified every 5 years in the form of a proficiency assessment done by an Oregon licensed veterinarian and submitted to the Board with their certificate renewal.
(7) All CET certificates expire on October 31st of each year and are in effect for one calendar year.
(8) Certificate renewal fee is $15.
(9) Annual verification of employment or volunteer status must come directly from the organization the CET is employed or volunteers with.
(10) Failure to renew or provide verification of employment or volunteer status will result in a lapse and euthanasia duties may not be conducted until the certificate is reinstated.
(11) The Board may suspend, revoke, or otherwise discipline a CET Intern or permanent CET certificate holder for unprofessional conduct or non-compliance with applicable Board statutes and rules.
STATUTORY/OTHER AUTHORITY: ORS 686.210 STATUTES/OTHER IMPLEMENTED: ORS 475, ORS 686
3. Board Watch
Proposed Regulations – Vol. 49/51
61G18-18.0015 The Board proposes a rule amendment that updates the requirements regarding the retention timeframes for the availability of medical records to clients from a licensed veterinarian or entity who terminates or relocates practices practice.
61G18-18.001 The Board proposes a rule amendment that updates the requirements of the retention periods for medical records of deceased veterinarians.
The Georgia State Board of Veterinary Medicine held a Rules Committee Meeting March 30, 2023.
Discussion – Board Rule 700-12-.10. Radiology
- Georgia Administrative Code RE: X-Rays in the Healing Arts
- VET Facility Inspection Form
Board voted to refer Board Rule 700-12-.10. Radiology and the VET Facility Inspection Form to the Rules Committee during the February 8, 2023, Zoom meeting to draft language that will provide clear guidance to licensees and Board Investigators on the documentation licensees must possess and provide when their radiological equipment is being inspected. The Committee discussed the need to clear up inconsistencies between the rules of the Georgia Department of Community Health (GDCH), the Board rule, and the Facility Inspection Form. Any changes will aid in prohibiting/preventing unsafe practices by clarifying radiological requirements for veterinary facilities. Stakeholder confusion and consumer safety were great motivators for amending the rule and the inspection form with language that is clear and concise.
The Board discussed the matter. It was suggested that the Board submit a letter of request for the information to GDCH and include a request for a copy of their inspection form. The Committee agreed to table discussion of amendments to Board Rule 700-12-.10. Radiology and the VET Facility Inspection Form and to put forth the following recommendation to the full Board for review during the April 5, 2023 Board meeting: For the purpose of developing veterinary guidance documents and rules related to compliance with Department of Community Health Rule 111-8-90.01, the Rules Committee recommends that the Board vote to submit a letter to the Georgia Department of Community Health to request a recommendation and/or information regarding their standard inspection frequency for radiology equipment and a copy of the x-ray and radiology forms used when they conduct inspections.
Kentucky Board of Veterinary Examiners applauds passage of Practice Act Modernization – HB 167 signed by Governor
A bill that modernizes veterinarian licensure in Kentucky is being applauded by Kentucky Board of Veterinary Examiners (KBVE) Chairman Steven J. Wills, DVM, and Members of the Board.
House Bill 167 (HB 167) updates and creates new sections of KRS Chapter 321, the statutory chapter creating the KBVE and mandating licensure for the professions of veterinary medicine, ensuring public protection for animal owners across the commonwealth.
HB 167 incorporates several critical updates to KRS Chapter 321, including:
- Establishing a framework for the safe and effective use of telehealth in veterinary medicine
- Reinforcing the existing requirements to establish a veterinary-client-patient relationship (VCPR) in person
- Creating a veterinary facility registration and a voluntary inspection program by 2025
- Instituting strong title protections for licensed veterinary technicians (LVTs)
- Implementing a new credential for allied animal health professionals working in animal
- Providing expanded definitions for a common language among stakeholders
- Establishing an educational awards program to incentivize new graduates to work in
rural areas and food animal species
- Requiring criminal background checks on new applicants
- Requiring minimum standards for medical records and veterinary facilities
- Increasing board authority over those in violation of the Practice Act and those offering
At the 03/07/23 Kentucky Administrative Regulation Review Subcommittee, the following rules were amended.
See The Administrative Register of Kentucky Register Vol. 49, Number 10 for full language.
201 KAR 016:550. Authorization for animal control agencies to apply for restricted controlled substances certificate from DEA……………………………………………………….. 1903
Permits the Kentucky Board of Veterinary Examiners to authorize an animal control agency to apply for a registration certificate by the United States Drug Enforcement Administration (DEA) to euthanize animals. KRS 321.207(2) requires the applicant agency to comply with administrative regulations that establish standards for the proper storage and handling of the drugs the board has authorized for use, and other provisions that may be necessary to ensure that the drugs are used safely and solely for the purpose of euthanizing animals. KRS 321.235(3) and 321.240(5) authorize the board to promulgate administrative regulations to implement KRS Chapter 321.
201 KAR 016:552. Responsibilities for certified animal control agencies; limitations on drugs ………………………………………………………………………………….pg.1905
Permits the Kentucky Board of Veterinary Examiners to authorize an animal control agency to apply for a registration certificate by the United States Drug Enforcement Administration (DEA) to order, purchase, manage, and store controlled substances that are authorized by the board for use in animal sedation and euthanasia. KRS 321.207(2) requires the applicant agency to comply with administrative regulations that establish standards for the proper storage and handling of the drugs the board has authorized for use, and other provisions that may be necessary to ensure that the drugs are used safely and solely for the purpose of euthanizing animals. KRS 321.235 and 321.240 authorize the board to promulgate administrative regulations to implement KRS Chapter 321. This administrative regulation establishes the duties for the animal control agency designated on-site manager, standards for proper drug storage, and drugs that may be used by certified animal control agencies and the certified animal euthanasia specialists they employ.
201 KAR 016:560. Certification as an animal euthanasia specialist …………………..pg. 1907
Requires the Kentucky Board of Veterinary Examiners to issue a certificate to a person who meets the qualifications of an animal euthanasia specialist and is approved by the board for a certificate. KRS 321.235(3) and 321.240(5) authorize the board to promulgate administrative regulations to implement KRS Chapter 321. This administrative regulation establishes the qualifications for certification as an animal euthanasia specialist
201 KAR 016:562. Duties and responsibilities of an animal euthanasia specialist……………………………………………………………………………….pg.1908
Requires the Kentucky Board of Veterinary Examiners to issue a certificate to a person who meets the qualifications of an animal euthanasia specialist and is approved by the board for a certificate. KRS 321.235 and 321.240 authorize the board to promulgate administrative regulations to implement KRS Chapter 321. This administrative regulation establishes the duties and responsibilities of an animal euthanasia specialist.
201 KAR 016:572. Certificate renewal for animal control agencies and animal euthanasia specialists; renewal notice……………………………………………………………..pg. 1909
Requires the Kentucky Board of Veterinary Examiners to issue a certificate to all animal control agencies being qualified to register with the United States Drug Enforcement Administration (DEA) to purchase, possess, and use board-authorized controlled substances, and to all persons qualified to engage in the practice of animal euthanasia in the Commonwealth of Kentucky. KRS 321.235[(3)] and 321.240[(5)] authorize the board to promulgate administrative regulations to implement KRS Chapter 321. This administrative regulation requires a renewal notice to all certified animal control agencies and animal euthanasia specialists and requires all certified animal control agencies and animal euthanasia specialists to complete the renewal application and return it, along with the renewal fee to the board. It further requires all certified animal control agencies and animal euthanasia specialists to keep the board apprised of the legal name and current address of the certificate holder.
2023-01 ~ LAC 46LXXXV.301.801.1201 – Repeal of Letters of Reference Requirement for Applications
- 05-12-2023 Notice of Intent to be reviewed by Occupational Licensing Review Commission (OLRC) at its May 12, 2023 meeting.
2022-03 ~ LAC 46LXXXV.100.105 – Petition for Rule Modification
- 03-16-2023 Summary Report submitted to Senate and House Legislative Oversight Committees on Agriculture, Forestry, Aquaculture, and Rural Development.
- 05-12-2023 Final Rule to be reviewed by Occupational Licensing Review Commission (OLRC) at its May 12, 2023 meeting.
2022-02 ~ LAC 46LXXXV.1101-1123.1031.307.700.702.714 – Preceptorship Requirement for DVM Licensure
The New Hampshire Board of Veterinary Medicine will hold a public hearing May 17, 2023, for rule proposal Vet 102.01 Definitions and Terms Used.
Deadline for Submitting Written Comment: Monday, May 29, 2023, at 4:00 PM.
Please submit comments to OPLC-Rules@oplc.nh.gov.
Vet 102.0 provides the definitions of terms used through the Board of Veterinary Medicines rules and is being readopted with an amendment to put the definitions in alphabetical order and update the definition of “Veterinary assistant” to include veterinary nurse, and further define “Veterinary technician”.
For Future Renewals: The Board in February 2023 approved language (see below) to introduce into the Practice Act. This change will not take place until renewal at the end of 2024 at the earliest.
(1) Continuing education credit hours shall relate to veterinary medicine.
(2) A veterinarian shall earn 20 15 continuing education credit hours for the calendar year license renewal period. A maximum of 5 hours may be obtained pursuant to courses described in item 4.
(3) A registered veterinary technician shall earn 12 continuing education credit hours for the two-calendar year registration renewal period. A maximum of 4 hours may be obtained pursuant to course described in item 4.
(4) One continuing education hour may be earned for each hour of independent self-study courses, prerecorded webinars, audio conferences, and non-interactive on-line presentations approved by approved continuing education credit providers.
(5) One continuing education credit hour may be earned for each hour of in-person attendance or live interactive attendance at courses presented or approved by approved continuing education credit providers.
(6) A live interactive presentation shall:
(a) include instant or synchronous two-way communication:
(b) provide access to both technical personnel and professional faculty, as well as interactivity among participants for the exchange of questions and answers via instant messaging or a
moderated teleconference, and
(c) document the level of participation by keeping a record of the participant’s activity in asking or answering questions during the presentation and the score of any examination administered at the end of the presentation.
Subject of Possible Rule Making: WAC 246-935-060 Eligibility for examination as veterinary technician.
The Veterinary Board of Governors (board) is considering amending WAC 246-935-060 to clarify that a board-approved apprenticeship program is a pathway for veterinary technician licensure.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In March 2020, Cascade Veterinary Clinic (CVC) and SkillSource/North Central Workforce Development Board (SkillSource) reached out to the board about the shortage of veterinary technicians and the potential of a registered apprenticeship program as a pathway to licensure. Subsequently, CVC and SkillSource presented to the board its apprenticeship education and training program.
From June 2020 through May 2022, the board worked extensively on the development of the program with CVC/SkillSource and a wide variety of interested parties. Ultimately, the board expressed its support of the program to the proponents and the Washington state apprenticeship and training council (WSATC), which registers apprenticeship programs in Washington state. At WSATC’s October 2022 meeting, they approved to register the program.
Through its work, the board found that current veterinary technician rule authorizes the board to approve this program under WAC 246-935-060(1): “Applicants must meet one of the following criteria to be eligible for the examination. (1) Completion of an approved postsecondary educational program for animal or veterinary technology.” However, the board expressed interest in amending the rules to make it clear that a registered apprenticeship is a board-approved method for an applicant to become eligible for the veterinary technician national exam and licensure. At its December 2022 meeting, the board voted to open rule-making for this purpose.
Process for Developing New Rule: Collaborative rulemaking.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lorelei Walker, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-4947, fax 360-236-2901, TTY 711, email email@example.com, website https://doh.wa.gov.
4. VMA Updates
New York State Veterinary Medical Society’s 2023 Legislative Agenda
The NYSVMS mission is to lead New York State veterinarians through education, advancement, and protection of animal wellness, public health, and the veterinary medical profession and we work to make sure that New Yorkers have access to the highest caliber veterinary care available in the most cost-effective way.
Strengthening a Veterinarian’s Ability to Treat Patients in a Timely Manner
NYSVMS strongly supports legislation, historically sponsored by Senator Skoufis (S.2314) and Assemblymember Zebrowski (A.4505), that would permit a veterinarian to keep compounded drugs in stock for office use and sale pursuant to a non-patient specific regimen. This would enable veterinarians to provide compounded medications to patients for use at home, which helps to fill gaps between in-office treatment and the time a compounded medication becomes available at a pharmacy or for home delivery. NYSVMS continues to have discussions with the State Education Department and bill sponsors about the importance of this legislation; we have made suggested changes to the bill language in response to comments and concerns that have arisen and hope to continue these discussions through the beginning of the legislative session with the goal of finalizing a bill that works for veterinarians.
Position Statement: NYSVMS will continue to advocate for the passage of a compounding bill in the Senate and Assembly to ensure that compounded medications are readily available for use by patients and to work with the FDA to ensure their guidance on this subject is clear.
Protecting a Veterinarian’s License to Practice Veterinary Medicine
- Senator Gianaris (S.142) and Assemblyman Zebrowski (A.3569) continue to sponsor legislation that would prohibit bark softening in dogs unless performed by a veterinarian where the procedure is medically necessary for a dog. NYSVMS strongly believes bark softening is a medical decision which should be left to the sound discretion of fully trained, licensed, and state-supervised veterinary professionals operating within appropriate standards of practice. Further, NYSVMS already discourages bark softening unless the procedure is medically necessary for a dog, is a last alternative to euthanasia, or when the animal will be surrendered by the owner if the procedure is not performed. Therefore, NYSVMS believes the determination to perform bark softening should be done on a case-by-case basis where specifics of the situation can be reviewed and evaluated, rather than having a ban placed on the procedure altogether.
- Legislation that would restrict the use of medically important antimicrobials in food-producing animals has been sponsored by Senator Kavanagh (S.4021) and Assemblymember Rosenthal (A.1675). This bill has the potential to restrict the practice of food animal veterinarians in a manner that could have a detrimental impact on animal welfare. The bill would also establish an onerous set of reporting requirements. NYSVMS looks forward to continued discussions on this bill and the opportunity to continue to educate legislators about the use of medically important antimicrobials in food-producing animals and the guidelines followed by veterinarians to ensure use only as necessary.
- A bill to mandate informed consent for euthanasia and limit the use of intracardiac injection requires extensive conversation with a client whose pet requires euthanasia, including discussion of all alternatives available, the benefits and risks of each method, and the negative impacts on an animal. NYSVMS has explained the challenges of this legislation to the sponsor and proposed amendments to the language that should be adopted if the bill moves forward. NYSVMS will continue to monitor this bill and ensure that conversations with the sponsors continue.
Position Statement: NYSVMS urges the legislature to work carefully to balance the interests of animals with legislation that implements mandates on the performance of medical procedures. Medical decisions should be left to the sound discretion of fully trained, licensed, and state-regulated professionals operating within the appropriate standards of practice.
Protecting Veterinarians from Liability
Legislation carried by Assemblymember Glick (A.3976) and Senator Brisport (S.4084) would establish a cause of action for the wrongful injury or death of a companion animal and provides for injunctive relief and compensatory and punitive damages. While NYSVMS understands and supports the protection and quality care of animals and believes that those intentionally harming an animal should be subject to punishment, the concern with this legislation is that it could unfairly penalize veterinarians for routine care, treatment, or invasive procedures with unintended negative results. NYSVMS strongly opposes this legislation based on its potential detrimental impact on veterinarians and the increased costs that could result from lawsuits filed pursuant to this proposed cause of action.
Position Statement: NYSVMS opposes any legislation regarding animal guardianship.
Expanding Buoy’s Law
Buoy’s Law, enacted in 2022, codifies the information which veterinarians need to provide about the side effects of the medications they prescribe. NYSVMS originally opposed this legislation, but after a period of discussion and negotiations, the bill was redrafted to reflect the concerns we raised. The result of these amendments is that the requirements of the bill mirror current best-practice. NYSVMS feels strongly that it is important for pet owners to be aware of the potential side effects of medications. While many medications come from a veterinarian’s office, pet owners also seek medication from online pharmacies and other vendors and disclosure requirements must apply to anyone providing pet medications.
Position Statement: NYSVMS will advocate to ensure that best practices adhered to by veterinarians also apply to all medication providers.
Increasing Opportunities for New York Veterinarians
- Acceptance of RACE-approved coursework to fill New York CE requirements is something that NYSVMS members have raised repeatedly. Allowing RACE coursework for credit in New York would afford licensed veterinarians flexibility and the opportunity to learn about topics not offered by a New York provider but relevant to overall practice.
- Preprofessional education requirements continue to cause delays in licensing for foreign-educated and non-New York-educated veterinarians and to deter many individuals from practicing in New York and many veterinary hospitals from successful recruitment. NYSVMS continues to engage in conversations with the State Education Department about updating the professional education requirements to reflect the educational pathways offered out-of-state and outside the United States while still ensuring quality educational requirements.
- It is widely reported that veterinarians often carry a great deal of educational debt and that there are difficulties in recruiting and retaining veterinarians in many areas of the state and among many specialties and sub-specialties. NYSVMS supports efforts by the legislature to create loan forgiveness opportunities and address veterinary shortages, and will work to ensure that these opportunities are created in a way that is most helpful to veterinarians and veterinary students.
Position Statement: NYSVMS supports legislative and regulatory efforts that will make it less administratively burdensome to become a veterinarian and to keep up with professional requirements.
Protecting Animal Welfare and Supporting Allied Welfare Organizations
- NYSVMS supports efforts to crack down on illegal horseracing activities like those seen at bush tracks around the country. While New York State currently has a strong regulatory structure surrounding horseracing, as practitioners we must be vigilant about disregard for these regulations and work to ensure that horses entering and leaving racing work in New York State are protected.
- NYSVMS looks forward to continue to support allied animal welfare organizations in their efforts to ensure protection for pets. Position Statement: NYSVMS will continue to advocate for laws and regulations that protect animal welfare in New York State.
5. Pharmacy Board Updates
No updates at this time.