Jurisdiction Report January 2023
Monthly reports share short summary highlights of tracked legislative bills and rules & regulations that have seen recent activity, as well as available board and state VMA updates.
There are two report views available! The January 2023 Conventional Report sorts the same reported items by activity and topic.
Updates by Jurisdiction
Federal
US S4897 Student loan repayment of $10,000 per year and $40,000 maximum. ‘Covered healthcare student’ includes doctor of veterinary medicine.
Enforcement of All Federal VCPR Requirements for Telemedicine to Resume in 2023
January 6, 2023 | Features
On Dec. 21, the Food and Drug Administration (FDA) announced it is withdrawing the guidance document entitled “Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak.”
The guidance document temporarily suspended enforcement of some federal veterinarian-client-patient relationship (VCPR) requirements, namely the requirement for an in-person animal examination and/or visit to the premises where the animal(s) are kept. This made it possible for veterinarians to establish a VCPR for covered federal activities, such as extralabel drug use, solely through telemedicine during the COVID-19 outbreak.
The FDA states that the conditions that created the need for the enforcement policy have evolved, such that the policy is no longer needed. As a result, starting Feb. 21, 2023, veterinarians will need to meet all the requirements of the federally defined VCPR before engaging in covered activities.
Click here to view the Federal Register notice that explains the agency’s decision.
Alaska
Rules Reinstated after COVID Changes
The Board of Veterinary Examiners proposes to establish veterinarian-client-patient relationship.
The Board of Veterinary Examiners (Board) proposes to adopt regulation changes in Title 12, Chapter 68 of the Alaska Administrative Code including the following:
12 AAC 68.215. Veterinarian-client-patient relationship, is a proposed new section outlining the requirements for a veterinarian-client-patient relationship.
- This is a new section that will define a client-patient relationship and require the relationship to be initiated before caring for, or treating, an animal.
• This will establish a formal, and clearly defined, legal relationship between the veterinarian, their client, and the animal patient being treated.
- It will also provide 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 be ensuring veterinarians provide for a site visit to the farm or facility in a timely manner when applicable.
Arizona
State Board
AZ HB2190
A. Notwithstanding any other law, the following information shall be available to the public on each health profession regulatory board’s public website:
1. A list of licensees or certificate holders that includes the licensee’s or certificate holder’s place of practice,
license or certificate number, date of license or certificate expiration and status of license or certificate.
2. A list of official actions taken by the board against each licensee or certificate holder, including advisory
letters, nondisciplinary orders, consent agreements, letters of reprimand, decrees of censure, periods
and terms of probation and any other disciplinary or nondisciplinary action taken by the board.
3. Each place of practice or business that employs a licensee or certificate holder as a health professional.
B. Each health profession regulatory board’s public website shall be searchable by the name of the licensee or certificate holder and by the licensee’s or certificate holder’s place of practice or employer.
Veterinary – Declaw, Ear, Tail, Devocalization
AZ HB2335 bans declawing except for medical purposes. If a veterinarian seeks to perform a declaw outside of medical purposes they must first get approval from the board to declaw and records must be kept.
Veterinary – Telemedicine/VCPR
AZ SB1053
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.
Arkansas
Veterinary – Telemedicine/VCPR
AR SB5 adds this language to the Veterinary Medical Examining Board’s authority to promulgate rules for telemedicine: to mirror the Telemedicine Act, § 17-80-30 401 et seq., including without limitation the establishment of a professional relationship.
California
Animal Welfare
CA AB240 creates a spay and neuter fund. A surcharge is hereby imposed on retail sellers of dog and cat food at a rate of eight mills ($0.008) imposed upon each dollar of dog and cat food sold in the state. This bill would require the Department of Food and Agriculture to undertake certain actions in administering and overseeing the California Spay-Neuter Fund, including, among others, offering competitive grants or set allocations to public animal shelters, private animal shelters with public contracts, or nonprofits for whom spay-neuter is a primary activity and targeting fund moneys towards the cities and counties with the state’s highest shelter overpopulation or euthanasia rates, as provided. The bill would prohibit the department’s expenses in administering the fund from exceeding 5% of the moneys deposited into the fund in any fiscal year. The bill would also require the department to promulgate certain rules, including, among others, by establishing administrative, recordkeeping, and reporting requirements related to the receipt of fund moneys, as specified. Because certain provisions of the bill would be located in the Food and Agricultural Code and would not expressly provide a penalty for violation, the bill would expand the scope of a crime and would thereby create a state-mandated local program.
The veterinary medical board multidisciplinary advisory committee will hold a meeting 01/25-26/23. The following items are up for discussion.
Update, Discussion, and Potential Recommendations from Equine Practice Subcommittee –
Recommendation to the Board on California Horse Racing Board Regulatory Proposal to Amend California Code of Regulations (CCR), Title 4, Section 1867
Update, Discussion, and Potential Recommendation to the Board on Potential Rulemaking to Amend CCR, Title 16, Sections 2032.1, 2034, and 2036 Regarding Veterinarian-Client-Patient Relationship, Animal Health Care Tasks Definitions, and Animal Health Care Tasks for R.V.T
Update, Discussion, and Potential Recommendations from Complaint Process Audit Subcommittee
Update, Discussion, and Potential Recommendation Regarding Access to Care – Spectrum of Care Frequently Asked Questions
Update, Discussion, and Potential Recommendation to Add to the Board’s Frequently Asked Questions Regarding Veterinarian-Client-Patient Relationship
Update and Discussion Regarding Requirements of Assembly Bill 1885 (Kalra, Chapter 389, Statutes of 2022) to Develop Guidelines for Veterinarian Recommendation of Cannabis Use Within the Veterinarian-Client-Patient-Relationship
Update and Discussion Regarding Rulemaking Proposal to Amend CCR, Title 16, Sections 2064, 2065, 2065.1, 2065.2, 2065.6, 2065.7, 2065.8, and 2066, Regarding Registered Veterinary Technician (RVT) School Approval and RVT Student Exemption.
Colorado
Permanent Rulemaking Hearing – February 9, 2023
The Colorado State Board of Veterinary Medicine will hold a Permanent Rulemaking Hearing to allow stakeholders a final opportunity to provide testimony before the Board considers adopting a proposed new rule regarding Recordkeeping Requirements.
- Thursday, February 9, 2023, at 8:45 A.M. (MDT)
- Webinar Registration
- Sign up to Testify
- Meeting Notice
- Draft Rules
- Written Comments (Link will be updated weekly as comments are received.)
Connecticut
Veterinary – Client Advisement
CT HB05469 That the general statutes be amended to require businesses concerned with the care of dogs, including, but not limited to, veterinary clinics and hospitals, animal feed stores, pet stores, pet grooming shops and independent pet groomers and dog training and boarding facilities, develop and distribute a document to customers of such businesses containing a description of and reference to section 22-338 of the general statutes. Statement of Purpose: To facilitate the annual licensing of dogs by requiring the provision of information concerning the law relating to dog licensing by businesses concerned with the care of dogs.
Veterinary – Loan Repayment/Workforce Expansion
CT HB05744 That title 10a of the general statutes be amended to require the Board of Regents for Higher Education to establish a school of veterinary medicine.
Veterinary – Reporting Abuse/Immunity
CT HB05851 That the general statutes be amended to: (1) Provide that any person convicted of a violation of section 53-247 or subdivision (3) of subsection (a) of section 53a-73a of the general statutes shall not harbor, own, possess, exercise control over, adopt, be in the sole presence of or foster, an animal, domesticated or otherwise; or engage in an occupation, whether paid or unpaid, or participate in a volunteer position at any establishment where animals, domesticated or otherwise are reasonably anticipated to be present; (2) define the term “bestiality” to include brutalizing animals by sexual assault with an object, coercion of others to have sex and the creation and distribution of pornographic images of the prohibited sexual contact with an animal, domesticated or otherwise; (3) permit a court to prohibit individuals who are convicted of a violation of section 53-247 or subdivision (3) of subsection (a) of section 53a-73a of the general statutes from having future intentional contact with animals, domesticated or otherwise; and (4) require that Proposed Bill No. veterinarians report instances of animal abuse to appropriate authorities, with civil immunity for veterinarians who make good faith reports of suspected animal abuse.
CT SB00053 That the general statutes be amended to require veterinarians acting in their professional capacity who have reasonable cause to believe that an animal is subject to aggravated cruelty to report such violation to the Commissioner of Agriculture and authorize any such veterinarian to report to the commissioner incidents of suspected cruelty or neglect of any such animal. Furthermore, to provide any such veterinarian with civil and criminal immunity for making any such report to the commissioner. Statement of Purpose: To protect the health of animals and afford protection to veterinarians who report cases of suspected aggravated cruelty and neglect to the state.
Veterinary – Vaccinations
CT HB05591 That the general statutes be amended to establish a task force to study and review the vaccination requirements for domestic pets.
Florida
Veterinary
FL S0060
(a) A veterinarian, pet shop, or other business entity or person referring owners of deceased animals, or persons making arrangements on an owner’s behalf, to a provider on a regular basis shall, at the time of the referral, make a copy of the provider’s written description of services available to such person.
(b) A veterinarian, pet shop, or other business entity or person accepting, on a regular basis, deceased companion animals for cremation through services obtained from a provider shall make a copy of the provider’s written description of services available to each animal owner, or person making arrangements on the owner’s behalf, from whom a deceased companion animal is accepted.
Georgia
State Boards
GA HB33 provides that the State Board of Veterinary Medicine to be an independent state agency attached to the Department of Agriculture for administrative purposes only; to provide for contracting with the Department of Agriculture for licensing services; to provide for reimbursement of members of the State Board of Veterinary Medicine; to provide for venue; to provide for the powers and duties of the board; to authorize the board to employ an executive director; to provide for the powers and duties of the executive director
Indiana
Shelters
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 10-day deadline to 10 business days. 10–day period starts when impounded and without a court order.
Veterinary
IN SB004 establishes that public health commissions in counties with less that 200,000 shall have a local board with a licensed veterinarian as a member.
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.
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.
Iowa
Veterinary – Reporting Abuse/Immunity
IA SSB1038 The licensed veterinarian is shielded from civil or criminal liability for cooperating in a criminal investigation including by making a report to a peace officer or providing the peace officer with information regarding a client’s conduct; assisting a county or city in rescuing a threatened animal; participating in a civil proceeding to determine the disposition of an animal or complying with a court order arising from that proceeding; or providing evidence in an administrative, civil, or criminal proceeding. However, the bill also provides that a licensed veterinarian who knowingly makes a false report to a peace officer or knowingly provides the peace officer with false information regarding a client’s conduct is not acting in good faith, is subject to disciplinary action by the board, is civilly liable for damages proximately caused by making such report or providing such information to a peace officer, and is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855.
Kentucky
Pharmacy
KY SB36 increases the number of pharmacy board members including a representative of a veterinary pharmacy.
Board of Veterinary Examiners – Proposals – January Register
201 KAR 016:552. Responsibilities for certified animal control agencies; limitations on drugs………. 1541
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 which 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 016:562. Duties and responsibilities of an animal euthanasia specialist ………. 1544
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 016:550. Authorization for animal control agencies to apply for restricted controlled substances certificate from DEA ………. 1475
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 016:560. Certification as an animal euthanasia specialist………. 1478
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 016:572. Certificate renewal for animal control agencies and animal euthanasia specialists; renewal notice ………. 1480
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.
201 KAR 016:610. Procedures for grievances, investigations, and administrative charges ………. 1482
Authorizes the Kentucky Board of Veterinary Examiners to investigate an allegation of a practice that violates the provisions of KRS Chapter 321. 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 procedures for handling grievances, investigations, and administrative charges.
Louisiana
2022-03 ~ LAC 46LXXXV.100.105 – Petition for Rule Modification [Source: Regulatory Proposal 2022-D]
- 01-05-2023 Legislative Fiscal Office approved fiscal and economic impact statement.
- 01-19-2023 Notice of Intent scheduled for review by Occupational Licensing Review Commission (OLRC).
- 01-20-2023 First Report submitted to Senate and House Legislative Oversight Committees on Agriculture, Forestry, Aquaculture, and Rural Development.
- 02-20-2023 Notice of Intent scheduled for publication in 2023 Louisiana Register, Volume 49, February edition.
2022-02 ~ LAC 46LXXXV.1101-1123.1031.307.700.702.714 – Preceptorship Requirement for DVM Licensure [Source: Regulatory Proposal 2022-C]
- 01-09-2023 Deadline for submission of written comments to Board.*See instructions for submitting comments in Notice of Intent. Written comments are only accepted from Dec. 20th to Jan. 9th.
- xx-xxx-xxxx No Public Hearing scheduled — As there were no formal requests for a public hearing, pursuant to §953.A(2)(b)(i), there will be NO public hearing scheduled for oral presentation or argument regarding this proposed Notice of Intent. * In accordance with §953.A(2)(b)(i), the Public Hearing for oral presentation or argument will be granted if requested within twenty days (by January 9th, 2023) after publication of the rule by twenty-five persons, by a governmental subdivision or agency, by an association having not less than twenty-five members, or by a committee of either house of the legislature to which the proposed rule change has been referred under the provisions of R.S. 49:968. The Public Hearing will not be held if these conditions are not met. Notification will be made on this page and via email after January 9th if the public hearing is to be held.
- 03-15-2023 Notice of Intent will be submitted to Occupational Licensing Review Commission (OLRC) at its March 15, 2023 meeting for request to continue the promulgation process for the Final Rule.
Maine
Adopted Rules
AGENCY: 94-457 – Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 618, Amendment 2 – Maine Veterinary Medicine Loan Program
ADOPTED RULE NUMBER: 2023-007
CONCISE SUMMARY: The rule amendments implement recent legislative changes to the program’s governing statute. These changes include: increases the number of loans that may be awarded (funding permitting) from two per year to eight per year, with overall aggregate program loans increased from eight to thirty-two, but at least half of these (and no fewer than two) must be awarded to livestock veterinary students, unless FAME does not receive enough applications, in which case it may award remaining loans to other eligible applicants; increases maximum loan amounts from $25,000 per year to $35,000 per year; expands program eligibility to veterinarians who practice “emergency and critical care” (to be defined by Maine Department of Agriculture, Conservation, and Forestry, but to include non-livestock animals; and expands program eligibility to veterinarians of any kind who practice in “underserved geographic regions” (term to be defined by DACF, but priority must be given to Aroostook, Oxford, Penobscot, Piscataquis, Somerset, and Washington Counties).
EFFECTIVE DATE: January 10, 2023
AGENCY CONTACT PERSON: William Norbert, Esq., Finance Authority of Maine, PO Box 949 – 5 Community Drive, Augusta, ME 04332-0949. Telephone: (207) 623-3263 x 3540. Email: wnorbert@famemaine.com .
FAME WEBSITE: https://www.famemaine.com/ .
Mississippi
Pet Insurance
MS SB2228 establishes provisions for the sale and renewal of pet insurance policies. Trimmed version of the Model Pet Insurance Act.
Veterinary
MS SB2320 The board or agency that licenses, certifies or registers a health care practitioner: may not reprimand, sanction, revoke or threaten to revoke a license, certificate or registration of a health care practitioner for exercising his or her constitutional right of free speech, including, but not limited to, speech through the use of a social media platform, unless the board or agency proves beyond a reasonable doubt that the speech used by the health care practitioner led to the direct physical harm of a person with whom the health care practitioner had a practitioner-patient relationship within the three (3) years immediately preceding the physical harm.
Veterinary – Reciprocity/Military
MS HB176 Directs board to accept military education that is equivalent. Directs boards to issue a license to military licensed in another state who maintained that license or was awarded a degree from the military that is equivalent. Veterinary board included
Missouri
Shelters
MO HB755 establishes provisions governing methods of inducing the death of a dog or cat. The sole method of inducing the death of a dog or a cat in an animal control agency, animal shelter, or pound, as such terms are defined in section 273.325, shall be the injection of sodium pentobarbital or a derivative thereof.
Veterinary – Continuing Education
MO SB361 requires licensing authorities to issue an exemption from continuing education requirements under certain circumstances. Notwithstanding any other provision of law to the contrary, a licensing authority shall issue an exemption to a licensee from a continuing education requirement for a reporting period, if the licensee:(1) Holds a current valid license; and (2) Self-certifies to having actively participated in the practice of the licensed occupation for no less than one thousand hours every twelve months during the applicable reporting period.
Veterinary – Declaw, Ear, Tail, Devocalization
MO HB801/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 other similar measure that prohibits, restricts, limits, regulates, controls, directs, or interferes with the practice of veterinary medicine. Provides exemptions for zoning, vaccinations, etc.
Veterinary – Loan Repayment/Workforce Expansion
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.
MO SB471 allows animal chiropractic practitioners to engage in the practice of animal chiropractic without being licensed or regulated as a veterinarian.
Montana
State Board
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 requirement that vet and vet tech representatives be state licensed and practiced in the state. Some of that may be incorporated in the appointee language.
Veterinary
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 profession under the same background check requirements, including pharmacy, but does not include veterinary. Creates a temporary license for military spouse.
Nevada
Proposal: R082-22AP
A REGULATION relating to veterinary medicine; setting forth certain surgical procedures which must be performed by a licensed veterinarian; prohibiting a veterinary technician or a veterinarian technician from performing certain acts; revising certain definitions; revising certain fees relating to veterinary medicine; revising certain provisions relating to fees and remittances; revising provisions relating to continuing education; revising provisions relating to medical records; prohibiting a veterinarian from making certain false or misleading statements; revising provisions relating to the abandonment of animals; revising certain tasks that may be performed by a veterinary assistant; revising provisions relating to mobile clinics; revising the definition of “animal chiropractic”; and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes the Nevada State Board of Veterinary Medical Examiners to adopt regulations necessary to carry out the provisions of law relating to veterinary medicine. (NRS 638.070)
Existing law defines the “practice of veterinary medicine,” which includes performing surgery on an animal and authorizes the Board to prescribe certain acts as accepted livestock management practices to which the provisions of chapter 638 of NRS do not apply. (NRS 638.008, 638.015) Section 2 of this regulation provides that only a licensed veterinarian may perform surgery to remove an ovum from an animal, implant an ovum into an animal or implant an embryo into an animal. Section 2 further provides that the owner of an animal or a person acting under the direction of the owner of an animal may use nonsurgical means to artificially inseminate an animal or remove an embryo from an animal by flushing as such practices are accepted livestock management practices.
Existing law sets forth certain acts involving fraud, deception, malpractice, negligence or incompetence that may be grounds for disciplinary action. (NRS 638.140-638.1408) Section 3 of this regulation prohibits a veterinary technician or veterinary technician in training from performing certain acts that are fraudulent or deceptive or that constitute malpractice, negligence or incompetence.
Existing regulations define the term “emergency” to mean an animal has a condition which threatens its life and immediate treatment is necessary to sustain life. (NAC 638.007) Section 4 of this regulation provides instead, that the term “emergency” means a situation in which the life of an animal is threatened and immediate treatment or medical aid is necessary.
Existing regulations require the Board to charge and collect certain fees relating to licensure, registration and permits to practice veterinary medicine. (NAC 638.035) Section 5 of this regulation requires the Board to charge and collect one-half of such fees for active members of, and the spouses of active members of, the Armed Forces of the United States, a reserve component thereof or the National Guard.
Existing regulations require that fees and remittances be paid by money order, bank draft, check or in currency or coin. (NAC 638.040) Section 6 of this regulation eliminates the option to pay by currency or coin.
Existing regulations provide that the Board will approve a course of continuing education that is provided or approved by certain organizations. (NAC 638.042) Section 7 of this regulation provides that the Board will also approve courses provided or approved by: (1) a board that licenses veterinarians or veterinary technicians in another state; or (2) an association or organization consisting of veterinarians or veterinary technicians that is organized on a statewide basis in another state or on a regional basis.
Existing regulations provide that the Board will grant credit for continuing education to a licensed veterinarian or a licensed veterinary technician for attending a portion of a Board meeting relating to complaints before the Board. (NAC 638.0432) Section 8 of this regulation instead provides the Board will grant credit for attending a meeting of the Board.
Existing regulations require each licensed veterinarian to maintain medical records for each animal receiving veterinary services. Existing regulations require that each medical record contain notes taken during surgery, including specific information relating to the vital signs of the animal. (NAC 638.0475) Section 9 of this regulation requires that if the information relating to the vital signs of an animal was generated by an automated device, the medical record must indicate that the information was reviewed and analyzed by a veterinarian, veterinary technician or veterinary assistant during the surgery.
Existing law and regulations provide a list of specific acts a veterinarian is prohibited from performing. (NRS 638.070; NAC 638.048) Section 10 of this regulation prohibits a veterinarian from: (1) making a false or misleading statement on an application for licensure or registration with the Board, including renewal applications; and (2) making a false or misleading statement to a staff member of the Board, a member of the Board or the Board during an investigation or disciplinary action.
Existing regulations provide that an animal is deemed abandoned when the animal is delivered to a veterinarian pursuant to a written or oral agreement between the veterinarian and the owner of the animal or person delivering the animal and the animal is not claimed within 10 days after the day on which the animal was due to be claimed. Existing regulations authorize veterinarians to dispose of abandoned animals in a humane manner after sending notice to the owner of the animal or person who delivered the animal. (NAC 638.051) Section 11 of this regulation provides that an animal is deemed abandoned if: (1) the animal is left with the veterinarian or veterinary facility by a person whose identity is unknown or who cannot be contacted; (2) the owner or person who delivered the animal has not paid or claimed the animal; or (3) the owner or person who delivered the animal relinquishes ownership of the animal. Section 11 also: (1) provides that a veterinarian or veterinary facility may treat or decline to treat an abandoned animal; (2) requires the veterinarian or veterinary facility to notify the owner or person who delivered the animal before disposing of the animal if the identity of the owner or person is known; (3) authorizes a veterinary or veterinary facility to provide emergency care or humane euthanasia to an abandoned animal during an emergency; and (4) requires a veterinarian or veterinary facility to maintain a record for each animal disposed of that contains certain information about the animal.
Existing regulations provide a list of tasks that a veterinary assistant is authorized to perform under the supervision of a supervising veterinarian or a licensed veterinary technician. (NAC 638.06025) Section 12 of this regulation adds cold laser therapy to the list of such tasks.
Existing regulations require a mobile clinic, to have certain equipment and storage areas depending on whether the mobile clinic is used by a veterinarian whose practice is limited to large animals. (NAC 638.0635) Section 13 of this regulation instead provides that the equipment and storage areas that a mobile clinic must have or must have access to depends on whether the mobile clinic will be used as an examination and treatment site.
Existing regulations define the term “animal chiropractic” to mean the examination and treatment of a nonhuman animal through the manipulation and adjustment of specific joints and cranial sutures of the animal. (NAC 638.800) Section 14 of this regulation revises this definition to mean the examination and treatment of a nonhuman animal that is noninvasive, nonsurgical, drug-free and which seeks to treat and manage musculoskeletal disorders that affect the joints, discs, soft tissue and nerves that are biomechanical in nature.
New Hampshire
Pet Insurance
NH HB249 establishes regulatory standards for the pet insurance industry.
State Boards
NH HB138 repeals the following: 425:14 Supervision of Clerical Personnel of Veterinary Examiners. – The commissioner of agriculture, markets, and food shall exercise general supervision over the clerical personnel of the state board of veterinary medicine who work within his office.
Veterinary – Declaw, Ear, Tail, Devocalization
NH HB231 Prohibits declawing, no reporting requirement. Does not state that the person must be a licensed veterinarian. No person shall remove the claws of a cat by performing an onychectomy, partial or complete phalangectomy, or a tendonectomy, by any means, on a cat except when necessary in order to address the physical medical condition of the cat, such as an existing or recurring illness, infection, disease, injury, or abnormal condition in the claw that compromises the cat’s health. No person shall remove the claws of a cat for cosmetic or aesthetic reasons or for reasons of convenience in keeping or handling the cat.
Veterinary – Loan Repayment/Workforce Expansion
NH HB258 establishes a certification for animal chiropractors. Allows human chiropractors to practice on animals. Requires a veterinary referral.
Proposed Rules
Vet 900 Animal Dental Care
Public Hearing: Wednesday, February 15, 2023 at 9:00 AM at the OPLC offices at 7 Eagle Square, Concord NH.
**You do not need to attend the hearing to submit written comments.**
Deadline for Submitting Written Comment: Monday, February 27, 2023, at 4:00 PM.
Please submit comments to OPLC-Rules@oplc.nh.gov.
Adopt Vet 900 to read as follows:
CHAPTER Vet 900 ANIMAL DENTAL CARE
PART Vet 901 DENTAL CARE
Vet 901.01 Dental care performed by a licensed veterinarian.
(a) Veterinary dentistry is a discipline of veterinary medicine and surgery and includes
the diagnosis, treatment, and management of the oral health for companion animals,
equines, livestock and various exotic species.
(b) Surgical procedure of the head or oral cavity includes the following:
(1) The administration of prescription of sedatives, tranquilizers, analgesics, or
anesthetics;
(2) Procedures which are invasive of the tissues of the oral cavity but not limited to are as follows:
- Removal of sharp enamel points, except as permitted by Vet 101.02(b)(4);
- Treatment of malocclusions of premolars, molars, canine teeth, and incisors;
- Odontoplasty;
d. Extraction of first premolars and deciduous premolars and incisors;
e. Extraction of damaged or diseased teeth;
f. Treatment of diseased teeth via restorations or endodontic procedures;
g. Periodontal and orthodontic treatments; and
h. Endoscopy of the oral cavity; and
(3) Interpretation of dental radiography.
(c) A veterinarian shall perform operative dentistry and oral surgery for companion animals,
equines, livestock and various exotic species.
Vet 901.02 Anesthesia or sedation.
(a) A small animal patient shall be anesthetized using an endotracheal tube for a complete oral
examination, intraoral radiography, and dental scaling to be performed.
(b) Large animals and exotic patients shall be administered sedatives, tranquilizers,
analgesics, or anesthetics based on the veterinarian’s judgement and best practice
(c) The veterinarian shall use the following criteria to determine of referral to a veterinary
dental specialist or a practice with a veterinary anesthesiologist is appropriate:
(1) When the dental procedure requires skills, equipment, and expertise beyond the level
of capabilities of the primary care veterinarian;
(2) When the client expressed the desire for a higher level of care that exceeds the
capabilities of the primary care veterinarian; or
(3) When there is significant anesthetic risk factors and comorbidities. Vet 901.04 Medical
Records of Dental Procedures:
(a) The following information shall be included in the dental chart or medical record
described in Vet 701.01(b)(19):
(1) A complete description of all dental, oral, or other disease present
during the examination;
(2) A complete description of all abnormal findings; and
(3) Documentation of communication with the client with regards to any
dental disease or abnormal dental findings.
New Jersey
Pet Insurance
NJ A492 establishes a pet insurance act. Insurance policies must disclose if it excludes coverage for certain issues, including a waiting period, preexisting conditions, etc., requires specific language, must provide 15 days to decline (specific language), must disclose benefit schedule, usual and customary fees limitations, if a vet exam is required, provide disclosure and policy provisions, more specific language requirements, waiting periods cannot exceed 30 days, cannot require an exam for renewal, cannot be tied to a wellness exam, cannot market them together, specific language on wellness programs, insurers must be trained.
Shelters
NJ A481 “Chiara’s Law”. Prohibits euthanizes animals in shelters or pounds except for health or safety reasons.
Veterinary – Loan Repayment/Workforce Expansion
NJ A5007/NJS3371 Establishes veterinary medicine loan redemption program for certain veterinarians who work in undeserved areas for five years; annually appropriates $500,000. Large animal focus and priority on in-state programs. Must be a resident. Not eligible if participating in the federal program. The contract shall require a program participant to serve full-time for at least a five-year period at an approved site in the service of a veterinary medicine practice, of which at least one-third of the overall activity at that practice is dedicated to the protection and enhancement of large animal veterinary care. The contract shall also require that, in order to receive redemption of a loan under the loan program, a program participant dedicate no less than 75 percent of the participant’s work at the approved site to large animal veterinary care. Covers 100 percent of the eligible qualifying loan expenses for full-time service for five years of service, except that the amount of qualifying loans which may be redeemed for a participant under the program shall not exceed $30,000 in any year.
New York
Animal Welfare
NY A00071 creates a task force on animal laws and requires reporting to the governor and the legislature of recommendations on how to increase statewide uniformity. The task force on the state of animal laws is hereby created within the department to examine, evaluate and determine how to improve the relationship between animals and humans and the animal protection laws. The task force established shall: (a) study laws, rules, and regulations governing animals, including but not limited to companion animals, farm animals or animals raised for food producing purposes, wildlife and animals used in entertainment, research or experimentation or any other field that governs the use or treatment of animals; (b) study laws, rules, and regulations governing the operations of duly incorporated societies for the prevention of cruelty, duly incorporated humane societies, pounds, shelters, municipal or otherwise, and pet dealers; and (c) recommend ways by which to modernize the laws governing animals provided, however, that the task force shall not have authority to make recommendations concerning the following: statewide standards for service, therapy, guide, hearing or assistance animals, laws that would limit the rights of persons with disabilities with respect to service, therapy, guide, hearing or assistance animals, and laws that would limit the rights of trainers of service, therapy, guide, hearing or assistance animals.
NY A00416 expands the requirements for teaching humane education of animals to secondary school students and requires a verification of completion. The officer, board, or commission authorized or required to prescribe courses of instruction shall cause instruction to be given in every secondary school under state control or supported wholly or partly by public money of the state, in the humane treatment and protection of animals and the importance of the part they play in the economy of nature as well as the necessity of controlling the proliferation of animals which are subsequently abandoned and caused to suffer extreme cruelty. Such instruction shall include educating students on the principles of kindness to and respect for animals and observance of laws and rules pertaining to the humane treatment of animals. The commissioner shall determine how to incorporate such instruction in existing curricula and the commissioner shall promulgate any regulations needed to carry out such determination.
NY S01968 allows first responders to provide aid to dogs and cats, provides immunity, must contact vet while providing aid, when practical, allows vets to provide training to first responders, provides vets immunity. Does not include transportation.
Boarding
NY S01414 exempts services provided to board an animal when rendered by a veterinarian licensed and registered as required by the education law or by a commercial horse boarding operation from sales and use tax.
Non-Economic Damages Related
NY A00041 establishes that animals are sentient beings capable of experiencing pain, stress, and fear and establishes an animal can be a victim of a crime.
NY A01372 provides for compensation of an owner for the unjustifiable injury or death of a companion animal.
NY S00460 includes wildlife animals as those subject to the animal cruelty provisions of the agriculture and markets law.
Pet Insurance
NY A00258 regulates the issuance of pet insurance policies. Cannot exclude preexisting conditions, waiting period limited to one day past purchase with conditions, requires various disclosures, denied claims must be handled by a veterinarian and second review by an independent vet, premium cannot be increased based on claims, renewal cannot be denied due to history or age, cannot impose limitations on legal remedies, premium increases must be approved by superintendent.
Pharmacy
NY A00084 requires prescription drug containers be labeled with a description of the size, shape, color, and imprint of the prescription drug it contains.
NY A01675 relates to establishing an office of antibiotic-resistance control. Such office shall: Integrate and coordinate selected state health antibiotic-resistance monitoring, oversight, and education programs based on the centers for disease control’s One Health approach to combating antibiotic resistance. It shall have a further goal, consistent with the existing goal of the European Union, of reducing use of medically important antibiotics in food animal production by 50% within 5 years after the effective date of this title, using a baseline established two years after the effective date of this title. Assist medical schools, veterinarian schools, agricultural schools, and state agencies in the development of antibiotic-resistance control training programs for doctors, veterinarians, medical and veterinary support staff, and farmers, and in the development of educational coursework for medical, veterinary, and agricultural students.
Sales Tax / Tax Credits
NY A00085/NY S00107 provides a tax credit for spay or neuter services. An individual taxpayer shall be allowed a credit for taxable years beginning on or after January first, two thousand twenty-three against the tax imposed by this article for the cost of spay or neuter services performed during the taxable year for cats or dogs regardless of where such cats or dogs were obtained. The amount of the credit shall be for eighty percent of the actual cost of such spay or neuter service, but shall not exceed a maximum credit of two hundred dollars.
NY A00387/NY S00295 establishes a credit for the cost of veterinary services up to two thousand dollars per year. An individual taxpayer shall be allowed a credit for taxable years beginning on or after January 01, 2023 against the tax imposed by this article for the cost of veterinary services performed on companion animals as defined in subdivision five of section three hundred fifty of the agriculture and markets law during the taxable year. The amount of the credit shall be for 50% of the actual cost of such veterinary services, but shall not exceed a maximum credit of $2,000.
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 pursuant to article one hundred thirty-five 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 deter- mined 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 justi– fying 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 S. 142 2 necessary, and the only alternative is death or euthanasia.
Veterinary – Loan Repayment/Workforce Expansion
NY S00425 Relates to creating the veterinarians across rural New York state student loan repayment fund for certain veterinarians that make a two year commitment to practice in a tract or county defined by the health resources and services administration as being “rural” or eligible for a rural health grant.
Veterinary – Tax Issues
NY A00756/NY S00401 exempts drugs for companion animals and livestock and empowers municipalities to adopt similar resolutions, directs municipalities over 1 million in population to adopt the resolution.
NY A01547 exempts services provided to board an animal when rendered by a veterinarian licensed and registered as required by the education law or by a commercial horse boarding operation from sales and use taxes.
Veterinary – Vaccinations
NY A00173 Notwithstanding any other section of law, any livestock owner may directly purchase killed rabies vaccine for the sole purpose of vaccinating livestock owned by such livestock owner. Livestock vaccinated in such a manner without the direct or supervisory participation of a veterinarian will not be considered as vaccinated by the department of health, the department of agriculture and markets, or any other department, agency, or agent of the state for the purposes of matters involving state action or policy towards livestock, including, but not limited to, quarantine in the case of a rabies outbreak or local rabies emergency, and eligibility for participation in the New York state fair or any county or local fair run by any political subdivision of the state of New York. Livestock vaccinated pursuant to this section shall not be eligible for indemnification for rabies as provided for in article six-A of this chapter if it is determined that such vaccinations, conducted without the direct or supervisory participation of a veterinarian, contributed to the damages to the animal.
North Dakota
Sales Tax / Tax Credits
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.
Ohio
Board Approves Additional Drugs for Chemical Capture
Section 4729.542 of the Ohio Revised Code and rule 4729:5-15-05 of the Ohio Administrative Code allow an animal shelter or county dog warden that holds a limited terminal distributor of dangerous drugs license to apply for a chemical capture classification. This classification permits the holder to purchase, possess, and administer a combination of drugs for the chemical capture of companion animals.
Effective January 23, 2023, rule 4729:5-15-05 will permit licensees holding a chemical capture classification to utilize three additional reversal agents as part of the chemical capture process: Yohimbine, Tolazoline, and Atipamezole.
For more information about chemical capture in Ohio, visit: www.pharmacy.ohio.gov/CCapture.
Oregon
Veterinary – Loan Repayment/Workforce Expansion
OR HB2652 authorizes county to declare shortage of health care and human services personnel and apply to Oregon Health Authority for moneys to make grants to employers to alleviate shortage by offering certain benefits to potential workers and educators. Health care and human services personnel eligible for benefits under this section may be, or be studying to qualify as, any of the following practitioners: [….]Veterinarians and veterinary technicians.
Veterinary – Prescriptions/PMP
OR SB558 requires veterinarians to participate in prescription drug monitoring program. Requires veterinarians to participate in prescription drug monitoring program. Directs Oregon State Veterinary Medical Examining Board to provide Oregon Health Authority with information of individuals licensed by board authorized to prescribe or dispense controlled substances for purposes of qualifying individuals to report information to and receive information from program. Adds practicing veterinarian as member of Prescription Monitoring Program Advisory Commission. Reduces number of public members on commission from two members to one member.
Tennessee
Veterinary Day on the Hill – March 1, 2023
Cordell Hull Building
425 5th Avenue North, Nashville
9:00 am – 12:00 pm
Texas
Veterinary – Declaw, Ear, Tail, Devocalization
TX HB1348 Unless expressly authorized by law, a municipality may not adopt or enforce an ordinance, rule, or regulation that: (1) regulates the practice of veterinary medicine; or (2) prohibits a veterinarian from performing a procedure on an animal that is not prohibited under Chapter 801, Occupations Code, or other law.
Utah
Shelters
UT SB0108 allows a shelter to use sodium pentobarbital or a derivative as the exclusive method for euthanasia of an animal. An animal shelter shall administer sodium pentobarbital or a derivative by:
(a) intravenous injection by hypodermic needle;
(b) intraperitoneal injection by hypodermic needle; or
(c) if an animal is unconscious, intracardial injection by hypodermic needle.
This does not apply to an animal control officer who euthanizes an animal in an emergency situation outside of an animal shelter’s facility or place of business.
Veterinary – Loan Repayment/Workforce Expansion
UT HB0184 There is created within the department the Veterinarian Education Loan Repayment Program. (2) (a) Subject to Subsection (2)(b), beginning July 1, 2028, and as funding for the program permits, the program shall make a one-time payment to a qualified veterinarian on a first-come, first-served basis in an amount equal to the least of: (i) the sum of the qualified veterinarian’s education loan balances; (ii) $100,000; or (iii) unexpended funds appropriated to the program. (b) A qualified veterinarian is eligible for payment from the program if the qualified veterinarian: (i) applies as a qualified veterinarian for payment from the program; and (ii) registers with the program at least five years before the day the veterinarian applies for payment under Subsection (2)(b)(i).
UT HB0187 exempts an individual who is testing bovine for pregnancy from the requirement to be licensed under the Veterinary Practice Act.
Virginia
Animal Welfare
VA HB1577 requires a person confining an animal with rabies to allow the Department of Health to access the animal during such confinement.
Veterinary – Continuing Education
VA SB1147 Veterinarians, vet techs, pharmacists, and pharmacy techs would have to complete human trafficking training, unless they determine veterinary is not a “health care profession”. Both are licensed under this title.
Veterinary – Telemedicine/VCPR
VA HB921 allows for “synchronous interaction with the patient and may establish a bona fide practitioner-patient relationship for the purpose of prescribing schedule VI-controlled substances by an examination through asynchronous interaction with the patient. Veterinarians are referenced in the section.
VA SB1084 A practitioner may establish a bona fide practitioner-patient relationship through asynchronous interaction for the purpose of prescribing Schedule VI controlled substances if the patient chooses not to use insurance for the encounter and if such prescribing complies with federal requirements for the practice of telemedicine. That the Board of Pharmacy shall conduct a review of Schedule VI controlled substances and report by December 31, 2023, any Schedule VI substances that the General Assembly may want to consider rescheduling due to potential risk of abuse by a patient if prescribed in accordance with the standard of care for asynchronous telemedicine interactions.
Veterinary – Vaccinations
VA HB1074 The Board of Health shall, by regulation, provide an exemption to the requirements of subsection A if a licensed veterinarian has examined an animal, certifies in writing that at the time of the examination, vaccination would endanger an animal’s health because of its age, infirmity, disability, illness, or other medical consideration, and a titer test has indicated sufficient immunity to rabies. Certification that the animal is exempt from vaccination pursuant to this subdivision shall be valid for a period of one year from the date of the certification. For the purposes of §3.2-6522, 3.2-5902, 3.2-6526, and 3.2-6527, such certification shall mean that the animal is considered vaccinated for rabies and the certification shall be considered in place of a current certificate of vaccination.
VA HB1468 No licensed veterinarian licensed veterinary technician, or other employee under the direction of such a veterinarian shall (i) charge a fee or impose other costs for a rabies vaccination in an amount exceeding $20 or (ii) require additional services alongside such vaccination.
Washington
WSR 23-01-048
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF HEALTH
(Veterinary Board of Governors)
[Filed December 13, 2022, 5:16 p.m.]
Subject of Possible Rule Making: WAC 246-933-601 through 246-933-630. The veterinarian board of governors (board) is considering updating health professional monitoring program terminology as required by SSB 5496 Health professional monitoring programs.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.92.030, 18.92.047, 18.130.050, 18.130.175; SSB 5496 (chapter 43, Laws of 2022).
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The board is considering amendments to terminology and definitions to implement SSB 5496 (chapter 43, Laws of 2022) for substance use disorder and the health professional monitoring program for WAC 246-933-601 Definitions, 246-933-610 Approval of substance abuse monitoring programs, 246-933-620 Approval of substance abuse monitoring programs, and 246-933-630 Participation in approved substance abuse monitoring program.
Amendments will include terminology and definitions for currently accepted language and replacing “substance abuse” with “substance use disorder” based on SSB 5496. The board will also consider amendments to correct citations and make other general housekeeping changes.
Process for Developing New Rule: Collaborative rule making.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Loralei Walker, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-4947, fax 360-236-2901, TTY 711, email: Loralei.walker@doh.wa.gov, website: www.doh.wa.gov/veterinarian.
Additional comments: Notices will be emailed through the program’s GovDelivery interested parties list. Interested parties will be invited to participate in meetings and rule drafting workshops. At the formal proposal stage of rule making, proposed rule language will be posted on the department’s rules comments website to receive public comment for the public hearing. Interested parties may sign up for GovDelivery notices by visiting www.doh.wa.gov and clicking on the “Subscribe” button at the bottom of the page. Next, check the “Veterinary Board of Governors” box.
WSR 23-01-045
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF HEALTH
(Veterinary Board of Governors)
[Filed December 13, 2022, 5:03 p.m.]
Subject of Possible Rule Making: Chapter 246-933 WAC, Veterinarians, and chapter 246-935 WAC, Veterinary technicians. The veterinarian board of governors (board) is considering adopting the health equity continuing education (CE) model rules, WAC 246-12-800 through 246-12-830, to comply with RCW 43.70.613, as amended by ESSB 5229 (chapter 276, Laws of 2021). The board will also consider whether additional CE hours and course topics should be included.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.92.030, 43.70.040, 43.70.613, 18.130.040.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: By January 1, 2024, RCW 43.70.613(1) requires each health profession credentialed under RCW 18.130.040 with a CE requirement to adopt rules requiring completion of health equity CE training at least once every four years.
RCW 43.70.613 (3)(b) also directed the department of health (department) to create model rules establishing minimum standards for health equity CE programs. The department adopted model rules for health equity CE minimum standards in November 2022. Any rules developed by the board must meet or exceed the minimum standards in the model rules found at WAC 246-12-800 through 246-12-830.
The goal of health equity CE training is to ensure that health care professionals complete health equity training and that the content of the health equity trainings include instruction on skills to address structural factors, such as bias, racism, and poverty, which manifest as health inequities. The objective of requiring health equity training is to enable health care professionals to care effectively for patients from diverse cultures, groups, and communities and patients of varying race, ethnicity, gender identity, sexuality, religion, age, ability, socioeconomic status, and other categories of identity.
Process for Developing New Rule: Collaborative rule making.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Loralei Walker, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-4947, fax 360-236-2901, TTY 711, email Loralei.walker@doh.wa.gov, website www.doh.wa.gov/veterinarian.
Additional comments: Notices will be emailed through the program’s GovDelivery interested parties list. To sign up, please go to https://public.govdelivery.com/accounts/WADOH/subscriber/new. Interested parties will be invited to participate in meetings and rule drafting workshops. At the formal proposal stage of rule making, proposed rule language will be posted on the department’s rules comments website to receive public comment for the public hearing.
West Virginia
Veterinary – Prescriptions/PMP
WV HB2075
a) When any person licensed under this chapter issues or has issued prescriptions for more than one medication for a patient and then adds to or removes a medication from list of medications for that patient, the prescribing licensee shall indicate which, if any of the medications, are to be continued and transmit this information to the patient’s pharmacy.
(b) Every new prescription order shall include on the written or electronically transmitted form two check boxes. The first box is to be labeled “Continue all other medications.” The label for second box shall contain a blank for the prescriber to indicate any medications that should be discontinued: “Discontinue [_____________].” Prescriptions transmitted orally by phone shall include this same information when dictated to the pharmacy.
WV HB2076 If, after consultation with any patient or representative of a patient, a person licensed under this chapter instructs the patient to change the dosage, frequency, or manner of administration of a medication from the instructions set forth in the latest prescription written for that medication for the patient, the licensee shall, within 72 hours of the communication with the patient or representative, document the change in the patient’s medical record and inform the patient’s pharmacy of the change in the prescriber’s instructions.
Wyoming
Agricultural
WY HB0180 Promulgates rules to establish a standard communication protocol to inform all livestock producers, veterinarians and brand inspectors in the county where a non-negative brucellosis test has been confirmed for any animal. Allows release of information related to brucellosis non-negative tests.
Veterinary – Tax Issues
WY HB0072 makes various changes to the state tax. Adds specific services to the sales tax and decreases the overall tax from 4% to 2.5%. Unclearly written but appears to include veterinary services, except for livestock services. Unclear if pet care services would be included.