February 2022 Report
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 2022 Conventional Report sorts the same reported items by activity and topic. The Conventional Report is also available as a PDF download
Updates by Jurisdiction
AL SB106 appropriates $750,711 for the Veterinary Medical Examiners.
AL SB148 increases Board member per diem from $200 to $600. Allows the board to increase the compensation of its members, as necessary, including, but not limited to, the payment of relief veterinarians, while the members are engaged in the work of the board.
AR SB38 appropriates, to the department of agriculture, to be payable from the veterinary examiners’ board fund, for personal services and operating expenses of the department of agriculture – veterinary medical examining board for the fiscal year ending June 30, 2023, the following: item fiscal year no. 2022-2023 (01) regular salaries $49,458 (02) extra help 21,000 (03) personal services matching 18,122 (04) maint. & gen. operation (a) oper. expense 15,996 (b) conf. & travel (c) prof. fees 6,000 (d) cap. outlay (e) data proc. total amount appropriated $110,857
Veterinary Loan Programs
AR SB58 Appropriation to the department of education, to be payable from the higher education grants fund account, for payments of contracts and loans with participating out-of-state institutions of higher learning in the fields of dentistry, optometry, veterinary medicine, chiropractic, and podiatry for the education of Arkansas citizens by the department of education – division of higher education – health education grants and loans for the fiscal year ending June 30, 2023, the following: item fiscal year no. 2022-2023 (05) veterinary aid forgiveness program 1,750,000 (08) veterinary med. loan forgiveness program 250,000 total amount appropriated $7,117,770.
Proposed New Rule – Veterinary Telehealth and Telemedicine
VETERINARY TELEHEALTH AND TELEMEDICINE 33. Definitions:
- “Telehealth” means use of technology to deliver health information, education, or care remotely.
- “Telemedicine” means use of technology to exchange medical information electronically from one site to another to improve a patient’s clinical health status, including evaluating, diagnosing, and treating a patient without the need for an in-person visit. Telemedicine is a subcategory of telehealth.
- “Teletriage” means emergency animal care, including animal poison control services, for immediate, potentially life-threatening animal health situations (e.g., poison exposure mitigation, animal CPR instructions, other critical lifesaving treatment or advice).
- “VCPR” means “veterinarian-client-patient relationship” as defined by Ark. Code Ann. § 17-101-102(11).
- Requirements for all services provided by veterinarians using telemedicine:
- Any person that delivers telemedicine services to a patient located within the State of Arkansas must be licensed to practice veterinary medicine in the State of Arkansas and have an established VCPR.
- A VCPR must be established by an in-person examination of the animal, or by medically appropriate and timely visits to the premises where the animal is kept. An established VCPR can extend to other veterinarians licensed by the board who practice in the same physical location as the attending veterinarian if they have access to, and have reviewed, the patient’s medical records. An in-person examination is not required when providing teletriage services and the patient is referred to in-person emergency services according to established protocols pursuant to Section 34.E. and as generally accepted by the veterinary profession.
- Telehealth services must be delivered in a transparent manner, including providing access to information identifying the veterinarian in advance of the encounter, with name, contact information, and Arkansas license number, as well as the client’s financial responsibilities.
- The veterinarian must obtain from the client a detailed explanation of the patient’s pertinent history and presenting complaint to determine if using telemedicine is an appropriate method for delivering medical advice or treatment to the patient.
- Veterinarians delivering services through telehealth must have an established protocol for making referrals for in-person emergency services.
- If the decision is made to provide treatment through telemedicine, the veterinarian agrees to accept responsibility for the care of the patient and must obtain consent from the client.
- If the veterinarian determines that the patient needs to be seen in-person for the presenting complaint, they must arrange to see the patient in person or refer the client to another licensed veterinarian.
- If treatment was provided through telemedicine and follow-up care is indicated, the veterinarian must agree to provide or arrange for such follow-up care.
- A veterinarian providing treatment through telemedicine may prescribe a drug to the patient if the veterinarian has an established VCPR and is a prescriber acting within their scope of practice.
- Telemedicine services must be documented in the patient’s medical record and comply with the Record Keeping rule established by the Board.
AZ SB1569 A pharmacist may distribute drugs, including compounded drugs, to a veterinarian who is licensed pursuant to chapter 21 of this title, and the veterinarian may possess these drugs and keep them in stock for administering and dispensing the drugs pursuant to a non-patient-specific regimen prescribed or ordered by the veterinarian. The quantity of compounded drugs that a pharmacist may distribute to a veterinarian is not limited.
AZ HB2612 removes “good moral character” from veterinarian and veterinary technician applicant qualifications. Updates language and doesn’t comply with Fresh Start.
Veterinary – Malpractice
AZ HB2692 clarifies definition of malpractice, adds a couple of items to dishonorable conduct related to records
Veterinary – Microchipping
AZ HB2626 requires vet clinics to scan for microchips and try to contact owners.
Rabbit Hemorrhagic Disease
“The Chief Veterinarian and the Animal Health Centre in Abbotsford would like to notify you that they will be discontinuing the import and distribution service for Rabbit Hemorrhagic Disease (RHD) virus vaccine and will NO longer be placing orders to import the vaccine into Canada. Please note that this vaccine was brought into the Province as an emergency response to the first detection of this emerging disease in British Columbia. Once reopened, The Animal Health Centre will continue to provide testing services for RHD.”
The College then goes on to offer web links where import permits can be applied for if veterinarians wish to arrange for their own imports of the vaccine.
CA AB1662 authorizes a prospective applicant that has been convicted of a crime to submit a board request for a pre-application determination that includes information provided by the prospective applicant regarding their criminal conviction.
CA SB879 A testing facility shall not conduct a canine or feline toxicological experiment in this state to do either of the following:
- (1) Achieve discovery, approval, registration, or maintenance of a pesticide or chemical substance, unless such experiment is conducted pursuant to an express requirement imposed by the United States Environmental Protection Agency (EPA) per the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.); the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.); or any binding agency regulation promulgated upon notice and comment thereunder.
- (2) Achieve discovery or approval of a food additive, unless such experiment is conducted pursuant to an express requirement imposed by the Food and Drug Administration (FDA) per the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.) or any binding agency regulation promulgated upon notice and comment thereunder.
Veterinary – Cannabis
CA AB1885 requires the Veterinary Board to adopt guidelines by 01/01/24, or veterinarians to follow when recommending cannabis within the veterinarian-client-patient relationship, and would require the board to post the guidelines on its internet website.
CA AB348 prohibits the Veterinary Medical Board from disciplining veterinarians who recommend cannabis for medicinal use, unless the veterinarian is employed by/has an agreement with a cannabis licensee.
CA AB810 increases the minimum fine for the following violation from $50.00 to $100.00:
Failure of a licensee (includes veterinarians) to report a settlement, judgment, or arbitration award over $3,000.00 of a claim or action for damages for death or personal injury caused by negligence, error or omission in practice, or unauthorized rendering of professional services to the agent that issued the license within 30 days, IF the licensee does not possess professional liability insurance as to that claim.
CURES Data Collection Vendor Change – Action Required by February 23, 2022
The California Department of Justice (DOJ) recently awarded the contract for prescription data collection services for the Controlled Substance Utilization Review and Evaluation System (CURES) to a new vendor. For information on how licensees of DCA boards are impacted by this change, please see the New Data Collection Vendor For Cures document on the DOJ CURES webpage.
CO SB027 Requires each licensed healthcare practitioner to query the prescription drug monitoring program prior to filling a prescription for every opioid or benzodiazepine instead of every second fill. Stipulates that only licensed practitioners with a DEA registration must register. Vets are still not required to query, voluntary only.
CO SB013 changes the membership of the veterinary loan repayment council. States that “directors are appointed for terms of four years; except that the terms shall be staggered so that no more than three directors’ terms expire in the same year.”
CVMA and CACVT work together to advance the registration of veterinary technicians
2021 was a BIG year for Colorado’s veterinary professionals with the Department of Regulatory Agencies (DORA). DORA completed both a sunset review of the Veterinary Practice Act and the State Board of Veterinary Medicine, and a sunrise review requested by the Colorado Association of Veterinary Technicians.
Both CACVT and CVMA are pleased that DORA’s sunset review recommends that the Veterinary Practice Act be renewed for 11 years and that the DORA sunrise review report found that “consumers and patients rely heavily on the actions of veterinary technicians” and that a regulatory program for veterinary technicians should be created.
Colorado’s 2022 legislative session opened January 12, and both the sunset and sunrise reports will be discussed at the House Committee on Agriculture, Livestock, and Water in late January. As a result of much work since 2020, CACVT and CVMA are well prepared to engage in the legislative process.
Two primary goals guide our joint work on developing regulation of veterinary technicians:
- Colorado’s veterinary workforce has too few veterinary technicians, and therefore, regulation must provide pathways for all of Colorado’s veterinary technicians to become registered.
- Demand for veterinary services is increasing, so regulation must create a career path that improves retention and attracts more professionals in the future
While specific language for the legislation is still being drafted, the goals have translated to three key regulatory priorities:
- Title protection: Use of the title “veterinary technician” will convey to the public that veterinary technicians are educated, trained, and qualified. In clinic settings, it will encourage better utilization of the varied knowledge, skills, and competencies on veterinary teams.
- Minimum competency: Will establish baseline career entry requirements for future veterinary technicians and a common understanding of clinical care competence that can be expected.
- Increased accountability: Inclusion of veterinary technicians in the Veterinary Practice Act will increase their understanding of the laws and regulations that must be followed in veterinary practice, which will in turn increase accountability of veterinary teams.
Change can be confusing, so we want to be clear: CACVT and CVMA’s joint goal is to retain everyone now working as veterinary technicians in Colorado and to provide inclusive opportunities for regulation. This means that veterinary technicians will have choices to follow a path that best meets their goals and the needs of the industry.
Together, CACVT and CVMA believe that public transparency expanded access to veterinary personnel, and encouraged optimal utilization of veterinary staff are crucial for Colorado’s veterinary profession.
Curious about the benefits of technician regulation? Click here to read more from the AVMA, AAVSB, AAVMC, and NAVTA.
Both organizations will continue to engage in conversation about this topic and will share more updates as concrete information becomes available.
Have feedback to share with either organization?
We’d love to hear from you! Submit a comment via our Google form.
Colorado Veterinary Practice Act bill moves forward; key issues include technician regulation and expansion of rabies vaccine administration
The Colorado Veterinary Practice Act is one step closer to being continued until 2033 following a report made to the House Agriculture, Livestock, and Water Committee at the state capitol.
CVMA President Ashley Ackley, DVM, Practice Act Task Force Chair Michelle Larsen, DVM, CVMA lobbyist Leo Boyle, and CVMA CEO Diane Matt represented CVMA during the committee hearing on Monday, January 31. Representative Karen McCormick, DVM, chair of the committee and CVMA member, led the introduction of the draft bill during the committee process.
The draft bill with amendments was moved forward unanimously by the committee, with all present committee members signing on to be cosponsors of the bill. The bill next will be introduced in the Colorado House of Representatives before February 11. Following introduction, the bill will return to the House Agriculture, Livestock, and Water Committee for second reading, where public testimony will be heard.
Key changes to the Colorado Veterinary Practice Act
The committee voted unanimously to accept the DORA-proposed bill to continue the practice act for 11 years. Additionally, the committee voted to adopt several amendments proposed by CVMA:
- Adopt Amendment #1 to create regulation for veterinary technicians (this amendment was proposed jointly by CVMA and CACVT)
- Adopt Amendment #2 that:
- Allows administration of rabies vaccine under supervision of a licensed veterinarian
- Amends public health statute 25-4-607 to allow veterinarians to delegate under indirect supervision the administration of rabies vaccinations in a public health emergency situation
- Allows veterinarians to receive up to 16 hours of credit toward relicensing for continuing education on topics such as client communication, management, leadership, wellbeing, and developing a highly functional veterinary workforce
- Requires two hours of jurisprudence continuing education per license renewal period
- Defines indirect supervision
- Resolves conflicting language among 12-315-105 (b) and (k) and 12-315-116 regarding duties delegated to veterinary students under direct supervision
- Adopt Amendment #3 that:
- Defines a veterinary professional as a licensed veterinarian or a registered veterinary technician
- Revises the Veterinary Peer Health Assistance Program section to include veterinary technicians and reorganizes it to improve understanding
- Creates a Veterinary Professional Assistance Program which would offer short-term counseling, work-life balance, and educational services to veterinary professionals
CVMA was pleased that all CVMA-introduced amendments were all accepted into the draft bill language by the committee.
In particular, CVMA and CACVT were jointly encouraged by the committee’s willingness to adopt regulation of technicians. CVMA and CACVT have been working together to introduce technician regulation since 2020; a joint goal shared by both organizations has been to retain everyone currently working as a veterinary technician in Colorado and to provide inclusive opportunities for regulation. Both organizations were pleased to see legislators take steps toward regulating technicians in Colorado during the bill’s initial hearing.
“Together, we believe that public transparency, expanded access to veterinary personal, and optimal utilization of veterinary staff are crucial for Colorado’s veterinary profession,” said CVMA CEO Diane Matt.
Veterinary professional associate
During the meeting, Dumb Friends League President and CEO Apryl Steele, DVM (also a CVMA member) testified in support of a proposed CSU degree program for a Master’s of Veterinary Clinical Care (MVCC) as a solution to the high demand for veterinary services in Colorado. Graduates would be considered “veterinary professional associates” and would represent a mid-level practitioner in between veterinary technicians and veterinarians. The role of a VPA would be similar to a physician’s assistant in the human medical profession. A VPA would work under the direct supervision of a licensed veterinarian who would have the authority to delegate diagnosis, initiation of treatment, prescribing, and performing surgery to a competent VPA.
Presently, the Colorado Veterinary Practice Act allows only a veterinarian to diagnose, initiate treatment, prescribe, or perform surgery in Colorado.
CVMA has not introduced an amendment in support of this concept.
Ms. Erica Loadman from the Pharmacy department of DC Health reached out to the Board to gain insights into the diversion and abuse of the veterinary drug, Xylazine, in the District.
On January 11, 2022, Ms. Loadman wrote in her email to Dr. DelVento: “…As Xylazine has become more prevalent in the illicit drug supply, the DC PDMP is making an effort to understand whether changes to program regulations would help to reduce diversion and abuse. During the most recent DC PDMP Advisory Committee meeting, committee members were given a high-level overview of Xylazine abuse and expressed the need to learn more about this topic from several expert perspectives so that an informed decision can be made. As someone with expertise in the field of veterinary medicine, we are interested in hearing your perspective and understanding the issue.”
The Board responded “I do not know of anyone using xylazine. I know that the practices that I visit regularly are not using xylazine. Xylazine is very commonly utilized in large animal practice specifically Equine Practice as both a sedative and a tranquilizer.”
The ICVA released its most recent NAVLE Technical Report. This report documents the development, administration, and psychometric analysis of the 2020-2021 NAVLE.
The report can be accessed through this link: https://www.icva.net/image/cache/NAVLE_Public_Technical_Report_2020-2021_FIN.pdf
ICVA released its quarterly newsletter of the International Council for Veterinary Assessment. The newsletter can be accessed online at https://www.icva.net/in-focus-newsletter/issues/december-2021/
Veterinarian, Veterinarian Technician, Veterinarian Euthanasia Technician Regulations The new Veterinary Technician and Euthanasia Technicians regulations became effective Friday, August 6, 2021. At this time, the DC Department of Health will not be issuing registrations until the process is in place.
The Department of Health is currently creating the platform by which individuals can submit an application for registration as either a Veterinary Technician or a Veterinary Euthanasia Technician. Once the platform is available, there will be a grace period for which individuals will need to come into full compliance.
Updates and Positions from the 2022 Legislative Session
As the 2022 Legislative Session and Legislative Action Days commence, we’re providing resources for our members to understand how bills progress through the legislative process, along with resources on how to get involved in key issues concerning veterinary medicine.
The Florida State Senate and House convened to begin the 2022 Legislative Session January 11, which ends March 14, and thus our FVMA legislative team is back in the Capitol to fight on behalf of members and the veterinary medical profession. Members can find our resources for getting in touch with legislators during LAD 2022 by clicking here.
Among the bills discussed in the session’s second week (January 17-21) were a number relating to our industry and to animals, including:
HB 723/SB 448 – Veterinary Telemedicine
- The bill allows the VCPR to be established via telehealth as long as the veterinarian is following the professional standards of care.
- The bill would not allow controlled substances to be prescribed via Telehealth unless the veterinarian has already performed an in-person exam, with an exemption for hospice care.
- The Board has jurisdiction over veterinarians practicing telehealth in the state, regardless of where their offices are located.
- Allows animal control employees to administer rabies vaccines to impounded animals under the indirect supervision of a veterinarian.
SB 448 is temporarily postponed by the Regulated Industries Committee, and HB 723 is on the agenda for the Commerce Committee.
HB 25 / SB 226 – Care for Retired Law Enforcement Dogs
The bill establishes a program to pay for the veterinary care of retired service dogs. As of this writing, HB 25 has been voted favorable with CS by the Criminal Justice &Public Safety Subcommittee with 14 yeas and no nays. SB 226 is in the Appropriations Committee.
HB 121 – Aggravated Animal Cruelty
The bill expands the crime of aggravated animal cruelty to include:
- The unlawful killing of an animal in the custody of a family member.
- Intentionally causing great bodily harm or death of an animal while in the commission of specified crimes.
As of this writing, the bill has been referred to the Criminal Justice & Public Safety Subcommittee, Justice Appropriations Subcommittee, and Judiciary Committee.
SB 256 – Animal Cruelty
The bill expands the grounds for a criminal penalty for depriving an animal of shelter or sustenance by removing the requirement that such shelter or sustenance be withheld unnecessarily. As of this writing, the bill has been referred to the Judiciary, Agriculture, and Rules committees.
SB 172 – Courtroom Animal Advocates
The bill would allow the court to appoint an advocate for an animal in a case regarding the welfare, care, or custody of an animal. The advocate shall monitor the case, have access to relevant files, and present information and recommendations to the court. As of this writing, the bill has been referred to the Judiciary, Agriculture, and Rules committees.
HB 253 – Retail Sale of Domestic Dogs and Cats
The bill creates a noncriminal violation for selling a domestic dog or cat in a pet store. The bill creates an exception to the prohibition for individuals who breed and sell animals directly to the public. As of this writing, this bill has been referred to the Regulatory Reform Subcommittee, Civil Justice & Property Rights Subcommittee, and Commerce Committee.
SB 416 / HB 833 – Animal Cremation
The bill requires a provider of animal cremation to provide a written description of their services and prohibits false or misleading descriptions of services. As of the time of this writing, the Senate bill is currently in the Judiciary Committee. The House bill has been referred to the Regulatory Reform Subcommittee, Civil Justice & Property Rights Subcommittee, and Commerce Committee.
SB 420 – Animal Abuse
The bill increases the penalties for animal abuse, sexual crimes involving animals, and fighting and baiting animals from misdemeanors to felonies. As of the time of this writing, the bill has been referred to the Judiciary, Criminal Justice, and Rules committees.
HB 435 – Animal Abuse
The bill establishes a third-degree felony for allowing a minor to attend the fighting or baiting of animals. The bill also changes the definition of sexual contact with an animal to be more detailed and broad. The bill is now in the Justice Appropriations Subcommittee.
SB 614 / HB 721 – Authorization of Restrictions Concerning Dangerous Dogs
The bill would allow a Housing Authority created under the Public Housing law to adopt an ordinance to restrict the ownership of domestic animals who have attacked or bitten persons. As of the time of this writing, the Senate bill is on the agenda for the Community Affairs Committee. SB 614 is on the agenda for the Community Affairs Committee. HB 721 is in the Regulatory Reform Subcommittee.
SB 994 / HB 849 – Pet Protection
The bill requires pet stores to obtain a newly created license from DBPR to operate as retail pet stores. Retail pet stores would not be allowed to offer for sale or giveaway any household pet unless it was acquired from one of the following:
- A qualified breeder
- A breeder exempt from licensure by the U.S. Dept. of Agriculture
- An animal rescue
- An animal shelter
- A pet broker
The retail pet store cannot sell or give away a pet younger than 8 weeks, one who has not been implanted with a microchip, or who does not have a valid veterinary certification.
The Senate bill is now in the Community Affairs Committee. The House bill has been referred to the Regulatory Reform Subcommittee, State Administration & Technology Appropriations Subcommittee, and Commerce Committee.
HB 1061 / SB 1750 – Sale of Dogs and Cats
The bill states that consumers who finance the purchase of a pet are entitled to terminate the financial arrangement with no penalty to the consumer if the pet is found to have been unfit for sale by a veterinarian. The House bill has been referred to the Regulatory Reform Subcommittee, Civil Justice & Property Rights Subcommittee, and Commerce Committee. The Senate bill has been referred to the Commerce and Tourism, Regulated Industries, and Rules committees.
HB 1075 / SB 1508 – Tethering of Domestic Dogs and Cats
The bill makes it illegal to tether an unattended domestic cat or dog. The House bill has been referred to the Civil Justice & Property Rights Subcommittee and the Judiciary Committee. The Senate bill has been referred to the Community Affairs, Agriculture, and Rules committees.
HB 1279 / SB 1718 – Cosmetic Animal Testing
The bill bans cosmetic testing on animals, with certain exceptions. The House bill has been referred to the Regulatory Reform Subcommittee, Professions & Public Health Subcommittee, and Commerce Committee. The Senate bill has been referred to the Judiciary Committee, Appropriations Subcommittee on Criminal and Civil Justice, and Appropriations Committee. The Senate bill is on the agenda for the Commerce and Tourism Committee.
HB 1341 / SB 1806 – Animal Abusers
The bill creates a statewide Animal Abuser Registry. This bill will place restrictions on a convicted animal abuser to own, adopt, live with or work with animals. The House bill has been referred to the Criminal Justice & Public Safety Subcommittee, Justice Appropriations Subcommittee, and Judiciary Committee. The Senate bill has been referred to the Judiciary Committee, Appropriations Subcommittee on Criminal and Civil Justice, and Appropriations Committee.
SB 1548 – Occupational Licensing
The bill would prohibit a board from inquiring into the criminal history of an applicant until after the board determines whether the applicant is qualified for a license. The conviction of a crime may not be the grounds for the denial of a license. The bill has been referred to the Regulated Industries, Criminal Justice, and Rules committees.
SB 1838 / HB 1463 – Student Financial Aid
The bill states that for purposes of receiving state financial aid awards, a student may not be denied classification as a resident based on his or her immigration status. The bill establishes the Professional Student Loan Repayment Program within the Department of Education, which would be open to veterinarians. The House bill has been referred to the Post-Secondary Education & Lifelong Learning Subcommittee, Higher Education Appropriations Subcommittee, and Education & Employment Committee. The Senate bill has been referred to the Education Committee, Appropriations Subcommittee on Education, and Appropriations Committee.
HI SB2030 requires prescribers to offer a prescription for an antagonist and provide education.
Veterinary – Telemedicine
HI HB1598/ SB2798 allows for telemedicine. Defines telemedicine, teleadvice, teleconsulting, telesupervising, teletriage, and VCPR. Appears it would require a physical exam based on the definition of telemedicine.
Creates a courtesy and relief permit for veterinarians. Both require a sponsor, the relief sponsor does not need to be in Hawaii. Courtesy is valid for 60 days; the relief for 30 but can be renewed once for 60 day total.
Veterinary – Tax Issues
HI HB1590 establishes a general excise tax exemption for the gross proceeds or income from the sale of nonprescription drugs. Prescription drugs are currently exempt.
HB 1598 was heard on Tuesday, February 8, 2022, at 2 pm by the House Committee on Consumer Protection and Commerce via videoconference. The bill would amend Chapter 471, Hawaii Revised Statutes, to better define the practice and parameters of veterinary medicine and veterinary telemedicine to protect Hawaii consumers and their pets from inadequate, improper, or unlicensed veterinary care. In addition, to address the current shortage of licensed veterinarians in Hawaii, this bill will also provide for the temporary permitting of out-of-state veterinarians and ensure international veterinary school graduates of both AVMA Council on Education and AAVSB approved programs are able to qualify for licensure examination in Hawaii. For more background on this bill, see this post.
SB 2798 was heard on Monday, February 7, 2022, at 1 pm by the Senate Committee on Agriculture and Environment via videoconference. The bill would amend Chapter 471, Hawaii Revised Statutes, to better define the practice and parameters of veterinary medicine and veterinary telemedicine to protect Hawaii consumers and their pets from inadequate, improper, or unlicensed veterinary care. In addition, to address the current shortage of licensed veterinarians in Hawaii, this bill will also provide for the temporary permitting of out-of-state veterinarians and ensure international veterinary school graduates of both AVMA Council on Education and AAVSB approved programs are able to qualify for licensure examination in Hawaii. For more background on this bill, see this post.
The Hawaii Veterinary Medical Association (HVMA) seeks to amend Chapter 471, Hawaii Revised Statutes, to better define the practice and parameters of veterinary medicine and veterinary telemedicine to protect consumers and their pets from inadequate, improper, or unlicensed veterinary care. Further, because there is a shortage of licensed veterinarians in Hawaii, HVMA is proposing to provide for the temporary permitting of out-of-state veterinarians and providing for international veterinary school graduates to qualify for licensure examination in Hawaii.
The COVID-19 pandemic and its associated restrictions brought about consumer demand for telehealth in the field of veterinary medicine. Telemedicine has allowed consumers more access to veterinary services for their pets, particularly in areas where access to veterinary care is limited. However, HVMA is aware that the use of telemedicine may also be abused without an established veterinary-client-patient relationship. Without actual physical examination of a pet, veterinary services rendered through telemedicine alone can be inadequate and below the standard of veterinary care. The addition of telehealth definitions and the telemedicine section will help to clarify the practice of veterinary telemedicine and assist the Hawaii Board of Veterinary Medicine in ensuring consumers in Hawaii receive proper and licensed veterinary telemedicine services.
Additionally, the pandemic highlighted the shortage of veterinarians available to provide specialty and routine veterinary care for Hawaii’s people and their pets. At times, veterinary emergency hospitals were unable to operate 24/7, and surgeon schedules were completely booked for months due to the inability to fill these staffing shortages by temporary permit. In one specific case, there was a veterinary surgeon within the state that could have assisted during this period, but due to her international veterinary school degree, was unable to sit for Hawaii’s state licensing exam due to a technicality in the administrative rules. These amendments are critically important to prevent such veterinary care shortages in the future and ensure that all qualified veterinarians are allowed to sit for the Hawaii state licensing exam.
This bill has currently been introduced to the House (HB 1598) by Representatives Johanson, Hashem, and Nishimoto; and into the Senate (SB 2798) by Senators Lee, Gabbard, Keith-Agaran, Misalucha, Acasio, Ihara, and San Buenaventura . Please take the time to thank them for their support, and write your local representative to ask for theirs!
Veterinary – Chiropractic
IA SF2212 directs the veterinary board to grant registration to a chiropractor licensed pursuant to chapter 151 to provide chiropractic services to an animal if all of the following requirements are met: a. The chiropractor submits proof of a current, valid license issued pursuant to chapter 151. b. The chiropractor holds a current, valid certification from the American veterinary chiropractic association
Veterinary – Immunity
The Board of Pharmacy’s proposed amendments would allow veterinarians who have obtained compounded preparations for office stock use to dispense the compounded preparations to the owner of a veterinary patient to treat an immediate medical need when timely access to a patient-specific supply of compounded medication is not available, no commercially available product can meet the need of the patient, lack of treatment will likely result in patient harm, and the supply does not exceed 14 days.
ITEM 1. Amend rule 657—20.2(124,126,155A), definition of “Office use,” as follows:
“Office use” means that a compounded product has been prepared and distributed to a practitioner for administration to a patient by the practitioner in the course of the practitioner’s professional practice. A compounded product distributed to a practitioner for “office use” shall not require a patient-specific prescription and may not be further distributed to another practitioner or dispensed to a patient for self-administration, except as provided in subrule 20.15(2).
ITEM 2. Amend rule 657—20.15(124,126,155A) as follows:
657—20.15(124,126,155A) Compounding for office use.
20.15(1) No change.
20.15(2) Veterinary compounded preparations. Veterinary compounded preparations may be sold to a practitioner for office use if the preparations are compounded by an Iowa-licensed pharmacy or outsourcing facility and sold directly to the practitioner by the pharmacy or outsourcing facility. Veterinary compounded preparations sold to a practitioner for office use may be dispensed to the owner of a veterinary patient to treat an immediate medical need when timely access to a patient-specific supply of compounded medication is not available, no commercially available product can meet the need of the patient, lack of treatment will likely result in patient harm, and the supply does not exceed 14 days.
20.15(3) Office use. Compounded preparations distributed for office use pursuant to subrule 20.15(1) or 20.15(2) and in accordance with the labeling requirements of subrule 20.15(4) do not require a patient-specific prescription but do require that the compounded preparation be administered to a patient in the course of the practitioner’s professional practice. Compounded preparations distributed for office use pursuant to this rule shall not be further distributed to other practitioners or dispensed to a patient for self-administration, except as provided in subrule 20.15(2).
20.15(4) No change.
State Veterinary Board Issues
IN HB1255 This bill amends the definitions of “practitioner”, for purposes of the health professions and professional standards of practice laws, to include individuals who held a license, certificate, registration, or permit when the alleged violation of the standard of practice occurred. It also makes technical corrections and conforming changes to certain health-related laws.
IL SB4043 creates the Administration of Antibiotics to Food-Producing Animals Act. Provides that a medically important antibiotic may be administered to a food-producing animal only if prescribed by a veterinarian who has visited the farm operation within the previous 6 months and only if deemed necessary. Provides that a producer may provide a medically important antibiotic to a food-producing animal only for the period necessary to accomplish the specified purposes. Provides that in that case, antibiotics should be used on the smallest number of animals and for the shortest time possible. Provides that a producer shall keep a record of specified information. Provides that provisions concerning the administration of antibiotics to food-producing animals take effect on January 1, 2023.
IL SB3920 provides that the Department of Human Services must provide for a Prescription Monitoring Program for all prescription medications (rather than Schedule II, III, IV, and V controlled substances).
IL SB2456 removes prescription drugs used for cancer from the state sales tax. Does not specifically state for human patients.
Veterinary – Tax Issues
KS HB2592/ SB444 increases veterinary examiners fee fund of the state board of veterinary examiners is hereby increased from $335,971 to $339,745 for fiscal year ending in June 2022. Increases veterinary examiners fee fund of the state board of veterinary examiners is hereby increased from $336,109 to $341,531. for fiscal year ending in June 2023.
Veterinary – Disciplinary
KS HB2523 extensive changes to disciplinary process for impaired vets.
Veterinary Loan Programs
KS HB2605 Changes the eligibility for the rural vet training program from a population not exceeding 35,000 to 40,000 or a registered veterinary premises under a licensed veterinarian if food animal patients make up at least 50% of such veterinarian’s practice. Stipulates that the agreement remains in effect if the county no longer meets the population criteria after the agreement began.
KS HB2532 Concerning the state board of veterinary examiners and the regulation of licensed veterinarians and registered veterinarian technicians; relating to penalties, fees, and investigative and disciplinary proceedings.
KY HB271 The state veterinarian shall be an agent of the board, shall enforce the administrative regulations of the board “pertaining to livestock, poultry, and fish” and, under the direction of the board, shall supervise and control the activities of all deputies, inspectors, agents, and specialists within the office of the state veterinarian. he or she shall devote his or her entire time to the duties of the office. he or she shall recommend from time to time such changes in the administrative regulations of the board, as he or she deems necessary, and do all other things necessary and proper for the successful enforcement of this chapter.
MD HB965 increases the cap for tortious death of a pet, not including livestock, from $10,000 to $25,000.
MD HB1375 adds noneconomic damages to the statutes for tortious injury/death of an animal and provides for an exception to the $10,000 cap for “(Ii) subparagraph (i) of this paragraph does not apply if the tortfeasor acted with gross negligence, intent, or malice or in violation of the Maryland declaration of rights.”
MD SB815 establishes that a person who tortiously causes an injury to or death of a pet may be liable to the owner of the pet for noneconomic damages; establishing an exception to the cap on compensatory and non-economic damages for a tortfeasor who acted with gross negligence, intent, or malice or in violation of the Maryland Declaration of Rights.
MA S1481 Bans a pharmaceutical or medical device manufacturer agent shall knowingly and willfully offer or give to a health care practitioner, a member of a health care practitioner’s immediate family, a health care practitioner’s employee or agent, a health care facility, an employee or agent of a health care facility, an education program, or an employee or agent of an education program a gift of any value.
At their January 2022 meeting, the Board confirmed that the following policy has expired, and noted that the Board will soon be discussing/publishing a general telemedicine policy: Policy Guideline 20-01: Telemedicine COVID19 State of Emergency.
University of Cambridge Survey – Canine Transmissible Venereal Tumour
Canine Transmissible Venereal Tumour, also known as TVT, CTVT, or Sticker’s sarcoma is a clonally transmissible cancer, which is spread by the transmission of living cancer cells between individual dogs. This questionnaire is part of a study being conducted at the University of Cambridge by Prof Elizabeth Murchison, Dr. Andrea Strakova, and Dr. Tracy Wang together with Debbie (Bauer) Koenig, RVT with the goal of mapping the distribution of CTVT around the world. We are very grateful for your time taken to complete this survey, which contains 10 questions and will take you about 5-10 minutes to complete.
Veterinary Medicine proposed administrative rules were published in the 02/15/22 Register.
Public Hearing 02/25/22
R 338.4901a, R 338.4903, R 338.4904, R 338.4905, R 338.4906, R 338.4907, R 338.4907a, R 338.4907b, R 338.4907c, R 338.4909, R 338.4910, and R 338.4921 of the Michigan Administrative Code are amendments:
The amendments to the rules clarify and revise the requirements for providing a telehealth service, update examination and educational standards, and clarify the requirements for licensure, licensure by endorsement, limited licensure, and relicensure. The proposed rules also amend the licensure by endorsement rule to add the requirements for a Canadian-licensed applicant and require an applicant for licensure by endorsement or relicensure to disclose each license, registration, or certification in a health profession or specialty issued by any other jurisdiction or entity and require the applicant to demonstrate that no disciplinary proceedings are currently pending and that any prior sanction has been satisfied before being licensed by endorsement or relicensed. The amendments also provide the standards for supervision of a veterinary technician and limited licensee, establish the requirements for delegating a duty to and providing supervision of a veterinary student and veterinary assistant, and clarify the licensee’s duties pertaining to an animal patient’s medical records.
MN HF2980/ SF2937 Appropriates $1,500,000 to purchase equipment for the Veterinary Diagnostic Laboratory to test for chronic wasting disease, African swine fever, avian influenza, and other animal diseases. This is a one-time appropriation.
MN SF2935 The board shall issue a license to practice veterinary technology to an applicant who satisfies the requirements in this section and those imposed by the board in rule. A licensed veterinary technician may practice veterinary technology. Unless authorized to practice veterinary technology by the board, a person may not practice veterinary technology or use the title “veterinary technician” or the abbreviation “LVT.”
MS SB2832 appropriates to Mississippi state university/division of agriculture, forestry, and veterinary medicine $8,000,000.00
MS HB619 changes denial of a license from a felony to a “disqualifying crime as provided in the fresh start act” and removes “good moral character”.
MS HB447 clarifies that a person with an occupational license from another state who applies for a license in his or her practice area in Mississippi shall not be required to take an examination in order to receive a license to practice in Mississippi.
MS SB2051 The members of the Animal Health Board as constituted on July 1, 2022, who are appointed by the governor and whose terms have not expired shall serve the balance of their terms, after which time the membership of the board shall be appointed as follows: not more than three (3) members of the board shall be appointed from any of the Mississippi congressional districts as they currently exist, and the governor shall make appointments from the congressional district having the smallest number of board members until the membership includes not less than two (2) members from each district as required.
MS HB564 Prison reform bill encouraging individuals to enter certain occupations including the veterinary technician field.
MO HB2622 Any person who, after July 1, 2024, applies for a license for which education at a health-related professional school is required shall have completed, during the final year before graduation from the health-related professional school, a one-hour instructional course on state and federal controlled substance laws and prescribing.
NH SB45 removes from the PMP definition of dispenser: (f) A practitioner who does not hold or operate under an active Drug Enforcement Agency registration number to prescribe or dispense controlled substances. Current definition includes veterinarians who dispense greater than a 48-hour supply.
NJ A2578 bans declawing.
NJ A2612 exempts horseshoers and farriers from the licensed practice of veterinary medicine.
NJ A2731 This bill expands the State’s prescription monitoring program (PMP), established pursuant to P.L.2007, c.244, to include veterinarians, except in the case of a veterinarian who administers or prescribes a controlled dangerous substance (CDS) to an animal while providing, assisting in, or supervising the emergency care performed on the animal. Veterinarians performing emergency care are excluded from the PMP in order to not inhibit their ability to treat animals in need of urgent care and to parallel the existing
Veterinary – Dose Restriction
NJ A2191 allows practitioners to issue initial prescriptions for opioid drugs in cases of acute pain in an amount not to exceed a seven-day supply, instead of the limit of a five-day supply as currently provided in section 11 of P.L.2017, c.28 (C.24:21-15.2).
The Board discussed the definition of VCPR, which is currently only applicable to veterinary prescription items. Proposed changes would move the same definition into 13:44-3.1 with all other definitions. Board came to the consensus to amend 13:44-4.1 (b)(1)(iv) to read: “The veterinarian provides or arranges follow-up care; and”. The Board stated that this change will be posted to the State Register (Consumer Affairs > Subscribe here) and go through a public comment period. If the Board does not receive any public comments, the amendments will be adopted as posted by the Board.
Dancer Welcomes State’s First Veterinary Medicine School At Rowan University
Assemblyman Ron Dancer, a long-time champion of measures that provide New Jersey farmers better access to veterinary medicine services, recently introduced a resolution supporting the newly-announced Rowan University School of Veterinary Medicine.
The school, New Jersey’s first school of veterinary medicine, plans to welcome its inaugural class of 60 students in fall 2025 and will offer the state’s first Doctor of Veterinary Medicine degree. There are currently only 33 institutions of higher education in the nation, and just five on the East Coast, that offer programs in veterinary sciences.
Rowan University’s announcement is a welcome one, said Dancer, in an agricultural-rich state that is hurting from a lack of veterinarians, particularly those who specialize in large animals like cows and horses.
“Rowan’s veterinary medicine school is an investment in our state’s agricultural future and a big win for farmers and people who desire a more affordable pathway to a degree,” Dancer (R-Ocean) said. “New Jersey, the Garden State, has more horses per square mile than any other state in the nation, but we have a shortage of veterinarians. That is largely because students have had to leave to pursue degrees, pay out-of-state tuition costs, and then often don’t return. If they do, they are more likely to choose lucrative small animal practices, even if they have an interest in large animals, just to pay off their schooling.”
Dancer also sponsors a bill (A323) that addresses the state’s shortage of large animal veterinarians by creating a school loan repayment program to incentivize graduates to practice in New Jersey for at least five years in a designated underserved area.
“Coupled with the new veterinary school, my bill will make it more financially viable for those interested in treating large animals to choose that area of practice,” Dancer added.
The U.S. Bureau of Labor Statistics estimates that jobs for veterinarians, veterinary technicians, and technologists will grow 16% between 2019 and 2029. As recently as May 2021, there were 18 positions open for every veterinarian seeking a job, six for every technician and assistant, and 12 for related positions.
In addition to the DVM degree, Rowan University is developing a graduate program in veterinary biomedical science, an accelerated DVM / MBA, bachelor’s degrees in veterinary studies and veterinary technology, as well as certificates and training pathways for veterinary technicians and assistants.
Dancer’s resolution states that “many graduates of the School of Veterinary Medicine will choose to work and establish practices in New Jersey, providing much-needed animal health care and contributing to the economic development of New Jersey’s communities.”
“Rowan’s veterinary school is a game-changer in terms of meeting the state’s demands for animal medicine and skilled professionals and boosting New Jersey’s food and agriculture industry,” Dancer said. “My resolution is a legislative gesture of support for their efforts and recognizes the importance of advancing veterinary medicine in New Jersey.”
New Rabies Law Puts Requirements on Veterinarians
NJ Department of Health will “develop and provide on its website forms for use in providing the notification” required by the new law. There is nothing veterinarians need to do until such forms are available.
On January 18, 2022, Governor Murphy signed into law a bill that prohibits any rabies testing from being performed on a dead domestic companion animal until the health official requiring the rabies testing, or the veterinarian preparing and submitting the specimen for rabies testing, has complied with the requirements set forth in the law. Such requirements include providing the owner of the animal with both written and verbal notice of the following:
- The necessity of the rabies testing;
- The rabies testing protocol to be followed;
- The protocol to be followed with regard to the handling of the animal’s body;
- The protocol to be followed with regard to the disposal of the animal’s body or its return to the owner; and
- The protocol for decapitation of the animal.
The law also requires the health official or veterinarian to obtain written acknowledgment from the owner that the necessary notification of protocols and procedures was received prior to conducting any rabies testing on the animal in question.
NJVMA will continue to monitor the DOH’s progress in developing and providing the required forms and will seek to be involved in the development of those forms. There is nothing veterinarians need to do until such forms are available. NJVMA will notify all members when the forms are available.
NM HB191 stipulates someone cannot be denied a license because they don’t live in New Mexico. Board must notify licensees of an incomplete application. Requires the board to act on an expedited license within 30 days. Allows the issuing of a temporary license, can require proof of insurance. Allows for licensure for out-of-state licensees without an exam.
NM HB56 stipulates that temporary permits are for nonresident veterinarians and they are limited to one 60-day permit per year and two in total. If a nonresident veterinarian is employed by or has a contract with the state, a municipality, or a county to provide veterinary services at a nationally accredited zoo or aquarium located in New Mexico, the temporary permit shall be issued for a period lasting no more than six months and no more than two consecutive six-month, temporary permits shall be issued.
NM SB81 A new section of the veterinary practice act is enacted to read: “new material license application and renewal forms–space for anatomical gift donation.–a license application form or license renewal application form issued by the board shall include a space, as required by the uniform licensing act, to show whether the applicant is a donor.
The President-elect of the NM Veterinary Technician Association asked the Board to consider adding the language of the Title Protection for Registered Veterinary Technicians to the Veterinarian Practice Act, citing that clinics are allowing non-licensed veterinary assistants to use the RVT titles.
NY S08106 A health care professional shall prescribe a patient-specific or non-patient-specific opioid antagonist when prescribing an opioid, and may also, dispense or distribute, directly or indirectly, an opioid antagonist to an opioid antagonist recipient. Such health care professionals shall discuss the dangers of opioid addiction with such patients in a manner consistent with regulations promulgated by the commissioner. There was a voluntary provision. This would make it mandatory
The College Council released their 2021 Annual Report. In short, the report outlines the College’s work in four areas: Strengthening Right-Touch Regulation (applying the right regulatory force to manage risk), Focusing on Outcomes, Supporting Professional Practice, and Promoting Collaborative Partnerships and Meaningful Engagement.
“Scope of Practice” Alert – Authority of the PA Board of Veterinary Medicine Upheld
As part of our mission to ensure the vitality of the veterinary profession and enhance animal health and welfare, PVMA continues to take appropriate action against those who practice veterinary medicine without a license. Our profession recently saw a significant win in the Commonwealth Court of Pennsylvania, releasing the final adjudication of Maria McElwee v. Bureau of Professional and Occupational Affairs, State Board of Veterinary Medicine. The decision reinforces what PVMA has always believed – the Board of Veterinary Medicine has jurisdiction over and can enforce its regulations and rules against licensees of other professional Boards. This legal precedent bolsters the work we do on behalf of our members to identify and report the illegal practice of veterinary medicine.
This decision is the first successful outcome we have had since using the Professional Licensing Bureau’s online complaint system and we will continue to use this as a tool to report such instances on behalf of our Members. Let us know if you are aware of non-veterinarians practicing veterinary medicine by completing our online form. You may also file a complaint directly with the Bureau using their online complaint form. Just let us know if you do this so we can monitor progress of these complaints.
PVMA’s work to protect our profession and our clients is only possible with the support of our Members. Thank you for your membership!
On January 18, 2022, The Commonwealth Court of Pennsylvania released the final adjudication of Maria McElwee v. Bureau of Professional and Occupational Affairs, State Board of Veterinary Medicine, argued on November 15, 2021. The majority opinion, authored by Senior Judge Leadbetter, upholds the Pennsylvania Department of State’s findings, concluding that McElwee was engaged in the unlicensed practice of veterinary medicine. McElwee was directed to cease and desist and ordered to pay civil fines, including the cost of investigation.
McElwee appealed to the Commonwealth Court for review of the final order and adjudication. The Court was asked to consider several legal issues. In considering the petition for review, the Court made the following determinations:
- The Veterinary Board (Board) has jurisdiction over practitioners of animal chiropractic and animal chiropractic is subject to current regulatory authority.
- The Board has the authority to enforce rules of professional conduct against licensees of other boards.
- The Board did not violate McElwee’s due process protections.
McElwee, a licensed chiropractor in Pennsylvania who has taken additional courses in animal chiropractic, is not a veterinarian. Therefore, she may not diagnose or treat animals. Furthermore, the Chiropractic Practice Act defines chiropractic as a branch of the healing arts that include misaligned or displaced vertebrae of the human spine. In short, McElwee was rightly found to be practicing veterinary medicine without a license.
The PA General Assembly included clear statutory language in the Veterinary Practice Act, 49 of the Pennsylvania Code, that specifically provides for regulation of animal chiropractic. In doing so, the Practice Act and the Rules of Veterinary Professional Conduct allow a veterinarian to consult with and seek the assistance of a chiropractor for enhanced treatment of an animal patient only when under the direct supervision of the veterinarian. “Direct veterinary supervision” is defined in the regulations. The veterinarian must give oral or written instructions to the chiropractor and the veterinarian is to be on the premises, easily and quickly available to assist the chiropractor. McElwee, who exclusively treats animals through her practice, Critter Chiropractic, was found to be in violation of the legal requirements of direct veterinary supervision. The Court noted that these laws and regulations provide McElwee the only permissible opportunity to practice on animals in the first place.
The Commonwealth Court, which has jurisdiction over administrative and civil public law, is one of Pennsylvania’s two intermediate appellate courts. McElwee may petition for appeal of this decision to the Supreme Court of Pennsylvania.
The South Carolina Board of Veterinary Medical Examiners elected to terminate the promulgation process on Regulation Document 5091, which proposed amendments to Chapter 120: to define “emergency patient” and “radiography” in Regulation 120-1; to update and clarify Regulation 120-9 regarding the practice standards for licensed veterinary technicians and unlicensed veterinary aides, and to clarify Regulation 120-3 in accordance with the statutes for licensure and examinations for veterinarians.
TN HB2228/TN SB2465 When prescribing an opioid to a patient, a healthcare prescriber shall offer a prescription for naloxone hydrochloride or another drug approved by the FDA for the complete or partial reversal of an opioid overdose.
Veterinary – Client Info
TN HB2259/ SB2037 Prior to issuing the initial prescription of a Schedule II controlled, dangerous substance or other opioid pain reliever that is a prescription drug in a course of treatment for acute or chronic pain and prior to issuing the third prescription of the course of treatment, a practitioner shall discuss with the patient risks and alternative treatments.
Effective 01/26/22 Controlled Substance Monitoring Database
Veterinarians are included in definitions of prescriber and practitioner but have an exemption. There are some requirements though.
(pg. 5) Veterinarians shall not be required to use a computerized system in order to submit required information to the Database. Instead, veterinarians may elect to submit information to the Database by any appropriate method set forth in the Tennessee Controlled Substance Database Data Collection Manual.
The information to be included in the Database shall be submitted each business day and no later than the close of business on the business day after dispensing for all controlled substances as set forth in the Prescription Safety Act of 2016. Consistent with the Prescription Safety Act of 2016, veterinarians shall only be required to submit information to the Database every fourteen days.
The dispensing healthcare practitioner or its agent, excluding a veterinarian, shall transmit or enter into the data collection application the data that is required pursuant to T.C.A. § 53-10-305 in the 2009 version of the Telecommunications Format for Controlled Substances established by the American Society for Automation in Pharmacy (ASAP). Beginning on July 1, 2022, the dispensing healthcare practitioner or its agent, excluding a veterinarian, shall transmit or enter into the data collection application the data that is required pursuant to T.C.A. § 53-10-305 in the June 2017 version 4.2A of the Telecommunications Format for Controlled Substances established by the ASAP. The committee shall have the power to grant a waiver of the requirement to report or submit data in the June 2017 version 4.2A of the Telecommunications Format for Controlled Substances established by the ASAP upon a showing of hardship. Such waiver shall be good for up to two (2) years. The dispenser shall report, at minimum, all required fields even when reporting using alternative method as per waiver.
Telepractice and Non-Veterinarian Alternative Care Providers
Concerns were brought to the Board concerning the removal of direct supervision from rule 8-11 (G), and the process of delegation and treatment of an animal to a non-veterinarian.
The Board broke into discussion and amended the current proposed rule 8-11. Changing the body of the rule to:
“Vermont law does not authorize any non-veterinarian licensed under Title 26 to undertake any act within the scope of veterinary medical practice. Non-veterinarian providers nonetheless may be skilled in certain modalities that may be safely applied for therapeutic benefit to animals under the supervision of a veterinarian. A veterinarian may delegate veterinary treatments to such providers if …”
The amendment passed unanimously.
VA HB1343 adds some services to the sales tax but provides an exemption for veterinary services. However taxable services include Companion animal care, including grooming, boarding, walking, training, and feeding. Companion animal care shall not include veterinary medical procedures or separately billed services that must be performed by or under the direction of a person licensed or certified by the Board of Veterinary Medicine pursuant to Chapter 38 (54.1-3800 et seq.) of Title 54.1.
VA SB249 provides that any person who knowingly (i) engages in sexual contact with an animal; (ii) causes another person by force, threat, or intimidation to engage in sexual contact with an animal; (iii) advertises, solicits, offers, sells, purchases, or possesses an animal with the intent that the animal be subject to sexual contact; (iv) permits sexual contact with an animal to be conducted on any premises under his ownership or control; (v) produces, distributes, publishes, sells, transmits, finances, possesses with the intent to distribute, publish, sell, or transmit, or makes any attempt to produce, distribute, publish, sell, transmit, or finance an obscene item depicting a person engaged in sexual contact with an animal is guilty of a Class 6 felony. The bill also provides that any person convicted of sexual abuse of an animal may be prohibited from possessing, owning, or exercising control over any animal for a period of up to five years and may be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.
Veterinary – Microchipping
VA HB1330 requires veterinarians, public or private animal shelters, and releasing agencies to seek to identify the lawful owners of the unidentified companion animals that are submitted to them by scanning for embedded microchips.
Veterinary Tax Issues
VA HB551/ SB517 Exempts veterinarians from sales and use tax on the purchase or prescription of medicines and drugs that are administered to patients within a veterinarian-client-patient relationship. Repeals provisions of current law which provide that a veterinarian dispensing or selling medicines or drugs on prescription shall be deemed to be the user or consumer of all such medicines and drugs.
The Board proposes amending regulations to accept PAVE certification as evidence of education as a veterinary technician for licensure in Virginia. PAVE is the Program for the Assessment of Veterinary Education Equivalence for veterinary technicians by the American Association of Veterinary State Boards. Comment period ends 03/16/22.
WA SB5753 expands the veterinary board from seven to nine. Changes the quorum rule from four to “a majority of the board members appointed and serving constitutes a quorum for the transaction of board business. the affirmative vote of a majority of a quorum of the board is required to carry a motion or resolution, to adopt a rule, or to pass a measure. Stipulates which positions must be licensed.
The veterinary board of governors (board) is proposing rule amendments regarding animal care and control agencies and nonprofit humane societies (entities) providing full veterinary services at reduced costs to low-income households. Requirements regarding recordkeeping and annual reporting of low-income clients are considered in the proposal in order to implement the statutory requirements in SSB 5004 (chapter 142, Laws of 2019).
WAC 246-933-501 through 246-933-550, repealing WAC 246-933-530, and creating a new section.
Hearing: On March 21, 2022
Date of Intended Adoption: March 21, 2022.
The board is proposing rule amendments to chapter 246-933 WAC regarding regulations for animal care and control agencies and nonprofit humane societies (entities) to implement statutory changes under SSB 5004. Previously, entities were limited to providing electronic identification, surgical sterilization, and vaccinations at reduced cost to low-income households. The statutory change now allows entities to provide full veterinary services to low-income households. An annual reporting requirement is included to demonstrate that entities provide services at a reduced cost exclusively to low-income households. The proposed rule identifies the types of records an agency may require from low-income clients as documentation of proof of low income, explains retention, and sets an annual reporting requirement to provide clearer and more enforceable standards for these veterinary services. The record-keeping requirement also demonstrates how entities do not provide veterinary services at reduced costs to those not qualifying as low-income but may be served in emergency situations. Enforcement requirements are consolidated without changing their effect, allowing the repeal of WAC 246-933-530.
The veterinary board of governors (board) is amending, repealing, and adding new sections to address suicide prevention education and HIV/AIDS education requirements for veterinarians, veterinary technicians, and veterinary medication clerks. In response to ESHB 1551 (chapter 76, Laws of 2020), the board is proposing to amend and repeal certain sections to remove HIV/AIDS prevention education. The board is proposing to add new sections to chapters 246-933 and 246-935 WAC regarding continuing education for suicide education and training for veterinarians and veterinary technicians to implement ESHB 2411 (chapter 229, Laws of 2020).
Hearing: March 21, 2022
Date of Intended Adoption: March 21, 2022.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule is in response to the statutory changes created by ESHB 2411 and codified in RCW 18.29.280. The legislation requires veterinarians and veterinary technicians to take a one-time, three-hour training in suicide prevention. The proposed rules create new sections of rule for licensed veterinarians and retired active licensed veterinarians (WAC 246-933-435) and licensed veterinary technicians and retired active licensed veterinary technicians (WAC 246-935-305). The proposed rules mirror the requirements from the statute including That required training must be board-approved, completed only once and at least three hours in length; when it must be completed by; and that the hours may count toward existing required continuing education (CE) hours. The proposed rule clarifies that training completed between June 11, 2020, and June 30, 2022, that meets the requirements of the board-approved training exempts any veterinarian or veterinary technician from the requirements of completing suicide training after July 1, 2022.
Test can detect deadly genetic mutation in cats
A new test developed by Washington State University researchers can detect a rare genetic mutation in cats that can cause potentially deadly reactions to some common medications, including those used to control parasites and in routine surgical procedures, like spays and neuters.
The only way to tell if a cat has the mutation, which is found in about 4% of all cats, is through a genetic test, which is available to pet owners and veterinarians for $60 on WSU’s Veterinary Clinical Pharmacology Laboratory’s website.
“If a cat experiences an adverse drug event that could have been prevented, the veterinary bill will be a lot more than the cost of this test,” said Dr. Katrina Mealey, Regents professor in WSU’s College of Veterinary Medicine.
Mealey and her team in the Program in Individualized Medicine (PrIMe) at WSU’s College of Veterinary Medicine have been working to develop the test and identify drugs that may be toxic to affected cats since 2014 when they discovered the mutation, which occurs in the MDR1 (multidrug resistance 1) gene, also known as the ABCB1 gene. The gene plays an important role in limiting drug distribution to the brain and in enhancing the excretion of many drugs.
Mealey is also responsible for the initial discovery of the MDR1 mutation in dogs in 2001 and for leading the development at WSU of the first commercial tests for canines.
After discovering the mutation in cats, Mealey and her team set out to determine the frequency of the mutation by analyzing the DNA samples of more than 1,000 cats stored in the college’s DNA bank.
In dogs, Mealey had previously determined the mutation is most frequent in herding breeds, but no such correlation has been identified in cats.
“The mutation is probably about as common in cats as it is dogs, except that in dogs we know it is more breed-specific,” Mealey said. “So, if you have a collie, we know the animal has a 75% chance of having the mutation. In cats, though, it seems to be widely distributed and not breed specific.”
Mealey said she recommends the test for all cats.
“Unfortunately, we don’t have a breed association in cats like we do with dogs to be able to say if your cat is this breed, you should get it tested,” she said.
Medications known to cause adverse reactions in cats with the MDR1 mutation include products containing eprinomectin, emodepside, ivermectin, loperamide, selamectin, milbemycin, moxidectin, acepromazine, apomorphine, butorphanol, vincristine, vinblastine, doxorubicin, and paclitaxel. Cats with the mutation may have severe adverse reactions – like tremors, disorientation, blindness, lack of muscle control, and death – to the drugs.
Once a dog or cat has been genotyped by WSU, its owner will have online, personal access to a board-certified pharmacologist who can answer questions about the safety of medications.
Mealey and her team are continuing research to learn which cat breeds are most affected and to identify additional medications that may cause adverse reactions.
Find more WSU news online at https://news.wsu.edu/press-release/
Healthy Veterinary Practices: Considering Diversity in Your Practice
Join Dr. Lisa Greenhill Thursday, Feb. 17 at 11:30 am PT, on the next edition of the Veterinary Practice Growth speaker series. Increasingly, the value of diversity within the veterinary medical profession is being recognized – and veterinary professionals are seeking actionable ways to advance diversity in veterinary practice. Dr. Lisa Greenhill, a demonstrated leader in helping organizations and institutions use diversity initiatives to drive excellence in workforce planning and organizational performance, will share her perspectives about
Considering Diversity in Your Practice and address key topics including:
- The case for diversity, equity, and inclusion in veterinary medicine
- DEI goal setting
- Easy implementation ideas
After this session, attendees will be able to:
- Describe the ways in which diversity, equity, and inclusion advances veterinary medicine.
- Summarize the case for diversity, equity, and inclusion in practice settings.
- Describe how practitioners can develop goals with respect to diversity, equity, and inclusion. Identify three ways in which diversity, equity, and inclusion can be easily implemented in practice settings.
Lisa M. Greenhill, MPA, EdD currently serves as the Senior Director for Institutional Research and Diversity at the Association of American Veterinary Medical Colleges (AAVMC). Dr. Greenhill directs the Association’s internal study of academic veterinary medicine through collaborative research, analysis, and publication efforts. She also manages the DVM: DiVersity Matters initiative, which promotes increased representation of underrepresented persons in academic veterinary medicine, inclusive academic environments, and the inclusion of diversity-related professional competencies in the DVM curriculum. She holds a Masters in Public Administration with a concentration in public policy from George Mason University in Fairfax, VA, and a Doctorate in Education from Benedictine University in Lisle, IL.
Click here to register.
WV HB4332/ WV HB4554/ SB424 requires registration and labeling for animal remedy products. “Animal remedy” means any drug, combination of drugs, proprietary medicine, or combination of drugs and other ingredients, other than for food purposes, that are prepared or compounded for animal use.
Veterinary – Telemedicine
WV HB4570 defines telehealth services. Establishes telemedicine requirements for out-of-state veterinarians. Requires a physical exam for a VCPR. This appears to address WV residents who go to a neighboring state for veterinary care. Allows an out-of-state vet to provide services via telemedicine to a WV resident.
WV HB4548 creates a state veterinary blood bank.
WV HB4621 Notwithstanding any provision in this chapter to the contrary, a health care practitioner, is authorized to practice his or her profession to the full extent of his or her education and training. A health care practitioner’s board may not adopt a legislative rule or policy defining a health care practitioner’s scope of practice. A health care practitioner is subject to discipline by his or her board for practicing outside of his or her education or training. The burden of proof is placed upon the health care practitioner to prove to the board he or she is properly educated or trained.