Jurisdiction Report March 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 March 2023 Conventional Report sorts the same reported items by activity and topic.
Updates by Jurisdiction
At the Board of Veterinary Examiners’ regular meeting on February 23-24, the board reviewed comments and voted to adopt 12 AAC 68.215. Veterinarian-client-patient relationship, a proposed new section outlining the requirements for a veterinarian-client-patient relationship. The rule adoption has not been posted in the Register.
The board posted an FAQ prior to the meeting containing the following information.
What is the purpose of the proposed regulations? What will this regulation do?
12 AAC 68.215. 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 by ensuring veterinarians provide for a site visit to the farm or facility in a timely manner when applicable.
What are the costs to comply with the proposed regulations?
There is no expected cost to comply with the proposed regulations.
When will the regulations be effective?
After the public comment deadline, comments received are compiled and given to the Board for consideration. The Board may adopt the regulation as written/publicly noticed, may amend and adopt them, choose to take no action, or may withdraw the proposed regulations in part or whole. After Board action, the adopted regulations go to the Department of Law (DOL) for final review/approval. DOL either approves or disapproves regulations. Once approved by DOL, it goes to the Lt. Governor for filing. Regulation takes effect on the 30th day after they have been filed by the Lt. Governor.
Veterinary – Telemedicine
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.
Veterinary – Vaccinations
AZ SB1194 – A licensed veterinarian may appoint a person who is not a veterinarian licensed pursuant to section 32-2212 as a certified rabies vaccinator to participate in county rabies control programs in which a licensed veterinarian is not available.
The state veterinarian shall provide in-person training to each person appointed to administer rabies vaccines pursuant to subsection A of this section. On satisfactory completion of this training, the licensed veterinarian who made the appointment shall certify in writing that the person has demonstrated the knowledge and skills acceptable to administer rabies vaccines.
Initial certification of rabies vaccinators under this section is valid for one year. Subsequent certifications under this section are valid for two years and must be renewed as prescribed by the state veterinarian pursuant to section 11-1002.
Veterinary Technician Specialist
AR HB1182 – Amendment removed prescription authority, still allows establishing a VCPR for 15 days and dispensing and administering of drugs.
Provides licensing requirements for veterinary technician specialists and supervision by veterinarians, includes direct, indirect, and immediate. Provides certification for prescription authority. Defines collaborative practice agreement between a veterinarian and a veterinary technician specialist. Requires veterinary technician specialists to complete 8 hours of continuing education. There can be no more than 3 agreements with a veterinary technician specialist at one time. They can establish a VCPR, diagnose, and again, prescribe. No limitation on controlled substances.
The board may grant a certificate of prescriptive authority to a veterinary technician specialist who:
(A) Holds a current and active certification as a veterinary technician specialist in this state;
(B) Submits proof of having entered into a collaborative practice agreement with a collaborating
(C) Acknowledges in writing that he or she is familiar with all state and federal laws and rules
regarding prescribing and agrees to comply with those state and federal laws and rules.
AR SB403 abolishes the veterinary board and transfers all powers to the livestock and poultry commission and expands the commission’s authority over veterinary issues. Also abolishes the pesticide and agriculture boards and transfers those powers to the agriculture department.
Veterinary – Emergency Services
AR HB1453 – If an animal is brought to a veterinary practice or veterinarian and a request is made on behalf of the animal for examination or treatment for an emergency medical condition, the veterinary practice or veterinarian shall provide an appropriate medical screening examination within the capability of the veterinary practice or veterinarian to determine whether or not an emergency medical condition exists…shall provide further medical examination and treatment as may be required to stabilize the emergency medical condition of the animal…shall not delay…in order to inquire about the ability to pay or the insurance status of the animal.
AR HB1566 – An act to modify the collaborative practice agreement between a veterinarian and a veterinary technician specialist established under act 161 of 2023; to prohibit a veterinary technician specialist from receiving compensation for performing the practice of specialized veterinary technology; and for other purposes.
Veterinary – CAIT
CA AB814 – It is the intent of the Legislature to enact subsequent legislation to authorize a veterinarian to refer an animal to a licensed physical therapist holding an advanced certification in animal physical rehabilitation to provide animal physical rehabilitation under the supervision of the veterinarian.
Veterinary – Loan Repayment/Shortages
CA AB1237 This bill, upon appropriation by the Legislature, would establish the California Public Interest Veterinary Debt Relief Program under the administration of the commission to award funds to California-licensed veterinarians, in relief of their educational loan debt, as defined, who enter into a contract with the commission to provide veterinary services in eligible premises settings, as defined, on a full-time basis, as specified. After a program participant has entered into an agreement with the commission to participate in the program and is employed full-time in an eligible premises setting, the commission shall provide the participant thirty thousand dollars ($30,000) annually, for five years, to reach a total amount of one hundred fifty thousand dollars ($150,000) or the total amount of the participant’s educational loan debt, whichever is the lesser amount.
Legislative Update: 2023 California Legislative Session Off to a Record Start
California Veterinarian | March-April 2023
This year, California legislators set a record start to the legislative session by introducing the highest number of bills in over a decade. By the February 17 bill submission deadline, over 2,610 bills were recorded, marking a significant jump from the 2,000 introduced in 2022. Of those bills, 1,040 were introduced as “spot” bills—or placeholder measures— meaning that 40% of the bills that will be considered in 2023 have yet to be fully articulated to the public. Consequently, new legislation that could impact the veterinary profession may still emerge through one or more of these “spot” bills.
Among the bills being followed by the CVMA this session, the following are of particular importance:
AB 814 (Lowenthal) Veterinary Medicine: animal physical rehabilitation.
Sponsored by a small group of physical therapists, AB 814 was introduced as a “spot” bill and includes language citing the “intent
of the legislature to authorize a veterinarian to refer an animal to
a licensed physical therapist holding an advanced certification to provide animal physical rehabilitation under the supervision of the veterinarian.” There is no additional language contained in the bill at this time. In conversations with the author’s office and bill sponsor, it is likely that this bill will ultimately resemble AB 3013-Chu, which failed in 2018. That bill would have amended California’s Veterinary Medicine Practice Act to create an “animal rehabilitation facility” where animals would be treated under the supervision of a physical therapist through the referral of a veterinarian. Physical therapists would only have
been required to earn a certificate from a program accredited by the Veterinary Medical Board and the Physical Therapy Board in order to practice on animals. It would have also allowed for the creation of an animal physical rehabilitation assistant position under the supervision of the physical therapist.
While the CVMA has yet to take an official position on this bill, historically it has been strongly opposed to the referral model and believes that it is in the best interest of the animal patient for a veterinarian to supervise care. With a referral, the patient would be seen by a physical therapist over a period of visits and the physical therapist would determine whether there are health issues, if the animal is in pain, and whether they should send the animal back to the veterinarian. The CVMA strongly believes that only a veterinarian has the education, skills, and experience to make these determinations, and that the proposed referral model not only puts animals at risk but puts undue liability risks on the referring veterinarian. Physical therapists are educated in human medicine. A certification in animal physical therapy does not give those therapists the necessary education or experience to make independent decisions regarding the care and treatment of an animal patient.
Status: This bill will be scheduled for review by the Assembly Business and Professions Committee.
AB 1232 (Connolly) Department of Food and Agriculture: resilient and higher-welfare grant program.
This bill tasks the California Department of Food and Agriculture (CDFA) with creating and implementing a grant program to support the implementation of higher standards of care and more climate-smart farming practices. The bill would require the CDFA to establish an annual competitive grant application process that enables producers and processors seeking to improve farm animal welfare to apply to the CDFA for financial assistance. Grant priority would be accorded based on the satisfaction of specified qualifying criteria.
As currently written, the bill creates new defined terms relating to the higher welfare grant program. Among those terms are “animal welfare certification” and “higher welfare”—both of which specify when and how antibiotics may be administered to animals.
The CVMA was actively involved in shaping California’s judicious antibiotic use and stewardship laws in 2014 and 2015 when then-senator Jerry Hill sponsored bills supporting the veterinarian’s professional judgment in the judicious use of antibiotics. Legislation passed at that time also set California apart from other states by requiring that all veterinarians take at least one unit of continuing education every four years on the topic of the judicious use of antibiotics.
The CVMA will be reaching out to the author’s office to clarify language in AB 1232 pertaining to antibiotic use.
Status: This bill will be scheduled for review by the Assembly Agriculture Committee.
AB 669 (Cortese) Pets and veterinary services: emotional support dogs.
While this bill is also currently a “spot” bill, the CVMA is communicating with the author and sponsors about its potential to become a vehicle to expand scope of practice for California’s Registered Veterinary Technicians (RVTs).
The topic of RVT scope of practice has been discussed not only at the CVMA but was also a significant item of analysis at the California Veterinary Medical Board (VMB) in 2022. The CVMA will continue to actively engage the author and stakeholders on this priority topic.
Status: This bill will be scheduled for review by the Assembly Business and Professions Committee.
Upcoming Legislative Deadlines
May 28 Last day for bills to pass out of house of origin
July 1 Last day for policy committees to meet and hear bills
July 14 Budget bill must be passed by midnight
September 8 Last day to amend bills on the Floor (general session)
September 14 Last day for each house to pass bills
October 14 Last day for Governor to sign or veto legislation
New Vet Tech Registration Becoming Colorado Law by 2024
The Colorado General Assembly recently passed House Bill 22-1235 which, in part, creates the regulation of Veterinary Technicians in Colorado. It is important to know that anyone practicing as a Veterinary Technician must be registered by the Colorado State Board of Veterinary Medicine by Jan. 1, 2024.
Veterinary Technicians in Colorado previously could hold a certification, but this new registration codifies the profession in statute and creates a new profession under state law.
The Colorado Association of Certified Veterinary Technicians (CACVT) has been approved by the Board of Veterinary Medicine as the credentialing entity in Colorado. CACVT will verify that the applicant has the required qualifications for registration
Applicants should apply directly with CACVT and, once credentialed, will need to submit: a completed application to the Colorado Department of Regulatory Agencies, Division of Professions and Occupations (DPO); the required fee for registration approval; and verification that the applicant holds a current credential from CACVT.
Those persons not yet credentialed who have been practicing as a Veterinary Technician but do not meet the registration requirements will have the opportunity to obtain a provisional registration through DPO, subject to all laws, rules, and policies of the State Board of Veterinary Medicine. These individuals will eventually need to obtain a full credential through CACVT prior to expiration of the provisional registration.
The following information is being provided as a courtesy, with the anticipated adoption of Board Rules around Veterinary Technicians in mid to late December. Here are a few items to consider with that target date approaching.
- Veterinary Technician registration applications will be available for qualified candidates on Jan. 1, 2023. Registration will be required on Jan. 1, 2024.
- Provisional registration applications will only be available from Jan. 1, 2023, through Jan. 1, 2024. Please note: There is no requirement to register until Jan. 1, 2024, but qualified individuals may be issued a registration prior to that date. These provisional registrations will no longer be renewable after Jan. 1, 2028.
- Only a person registered as a Veterinary Technician will have the ability to use the titles “Veterinary Technician” or “Registered Veterinary Technician” or the initials “VT” or “RVT” on or after Jan. 1, 2024.
- Veterinary Technician endorsement registrations (those transferring from another state) must satisfy the requirements of the Occupational Credential Portability Program (OCCP) and will be processed through DPO.
Information about the requirements for credentialing by CACVT and registration by endorsement through DPO will soon be available on the DPO website.
Please check both your inbox and the Veterinary website for further information as it becomes available.
CT HB06725 – The commissioner of agriculture may designate one or more veterinarians to exercise all or part of the authority, powers, and duties of the state veterinarian in the absence of the state veterinarian. any veterinarian designated by the commissioner pursuant to this subsection shall meet the requirements of subsection (b) of this section.
PDMP Advisory Committee
Effective Date: February 17, 2023
Expands PDMP Advisory committee from 7 to 13 members to increase multidisciplinary representation by adding ex officio members representing Boards and Departments. Addition includes The Executive Director for the Board of Veterinary Medicine or his or her subordinate designee.
Mandatory COVID-19 Vaccination for Healthcare Workers
Effective Date: February 24, 2023
Persons employed in or credentialed by facilities governed by § 11200 of Subtitle B, Public Health and Medicine, Title 22 (includes veterinarians, veterinary technicians, and veterinary euthanasia technicians) must:
(a) Receive the first and second dose of the Pfizer-BioNTech COVID-19 vaccine, or receive a second dose of a different COVID-19 vaccine listed in this subsection, within the time period established in the dosing schedule for the vaccine;
(b) Receive the first dose and second dose of the Moderna COVID-19 vaccine, or a dose of a different COVID-19 vaccine listed in this subsection, within the time period established in the dosing schedule for the vaccine;
(c) Receive one (1) dose of the Janssen COVID-19 vaccine; or
(d) Receive the first and second dose of the Novavax COVID-19 vaccine or receive a second dose of a different COVID-19 vaccine listed in this subsection, within the time period established in the dosing schedule for the vaccine.
FL S0932 – Prohibiting a person from taking specified actions relating to the transportation of dogs on public roadways; citing a provision as the “Humane Cosmetics Act”; prohibiting a manufacturer from manufacturing, importing for profit, selling, or offering for sale in this state a cosmetic developed or manufactured using cosmetic animal testing conducted or contracted by certain persons or from conducting or contracting for cosmetic animal testing; prohibiting a person from performing declawing on a cat within this state; requiring the Department of Law Enforcement to post on its website by a specified date a publicly accessible registry of persons convicted of animal abuse offenses; providing penalties for specified violations, etc.
Occupational Licensing – Reciprocity
FL H1333/FL S1364 Reciprocity for someone licensed in good standing for at least 1 year. Includes vets. A board shall provide an applicant with a written decision regarding his or her application within 90 days of receiving a complete application.
Requires the board to issue occupational license or government certification to a new state resident applying if: The person 1) holds a current license (similar scope of practice up to board determination) 2) has held the license for at least 1 year 3) completed board required examination, educations, training, or experience of previous licensing entity 4) is in good standing 5) does not have a disqualifying criminal record 6) has not had their license revoked or surrendered 7) has no pending investigations/allegations.
If another licensing entity issued the person a government certification but this state requires an occupational license to work, a board must issue an occupational license to the person if the person otherwise satisfies the paragraph. Provisions for military and persons who worked in states that don’t use an occupational license or government certification to regulate occupation. Unless a board can demonstrate a substantial difference between licensure or certification requirements of another licensing entity and this state, there is a presumption that an applicant who holds a valid occupational license, government certification, or private certification, or otherwise meets the requirements.
IL HB3567 creates the Administration of the Transparent and Responsible Antibiotic Use Act. Provides that, on or after January 1, 2025, feed distributors shall report to the Department of Agriculture all veterinary feed directives associated with medicated feed distributed to producers along with associated feed distribution records. Provides that the Department shall set a target for reducing the use of medically important antibiotics in food processing by 50%.
Feed distributors shall report to the Department all Veterinary Feed Directives associated with medicated feed distributed to producers along with associated feed distribution records.
IL HB2855 amends provisions of the Lyme Disease Prevention and Protection Act concerning the Lyme Disease Task Force. Provides that one veterinarian appointed to the Task Force by the Director of Public Health must be a practicing Doctor of Veterinary Medicine. Adds one medical entomologist appointed by the Director of Public Health to the Task Force. Requires the Task Force to meet not less than 4 (rather than 2) times each year.
IL HB2473/ SB2059– Changes veterinary board sunset to January 1, 2029. Amends the Veterinary Medicine and Surgery Practice Act of 2004. Adds provisions concerning an email address of record and for electronic delivery of certain notices to an email address of records. Provides for instances in which telehealth may be used. Provides that a veterinarian shall not substitute telehealth, teleadvice, telemedicine, or teletriage when a physical examination is warranted or necessary for an accurate diagnosis of any medical condition or creation of an appropriate treatment plan. Makes changes to provisions concerning: application for licensure; reports; procedures for refusal to license or issue certificate; and hearing officers, reports, and review. Removes provisions concerning: refusing to issue or renew, revoking, suspending, placing on probation, reprimanding, or taking other disciplinary or non-disciplinary action for a conviction by any court of competent jurisdiction, either within or outside this State, of any violation of any law governing the practice of veterinary medicine; and certifying exhibits without cost.
IN SB0423 Those impounding animals must notify the owner that the animal is held and the bond requirements. Allows vets to euthanize, must try to notify the owner 10 before. Bond language exists, but changes the 10-day deadline to 10 business days. The 10-day period starts when impounded and without a court order.
IN SB0004 – For a county with a population of less than 200,000, the members of a local board of health shall be chosen as follows: Five (5) persons knowledgeable in public health, at least one (1) of whom is a physician, and appointed by the county executive. The other appointees may be any of the following:…A veterinarian licensed under IC 25-38.1.
Veterinary – Declaw
IA SF283 – A person shall not perform a declawing procedure on a cat.
Subsection 1 does not apply to a licensed veterinarian who performs a declawing procedure on a cat for a therapeutic purpose.
Veterinary – Reporting Abuse
Prescribes what is and isn’t “practice of veterinary medicine”. Does not include tasks delegated to those acting under veterinary supervision. Does not include animal massage therapy.
Replaces “veterinary assistant” with “veterinary technician”.
“Registered veterinary technician” means a veterinary technician who has been issued a valid certificate of registration by the board pursuant to section 169.34. 7.
“Veterinary assistant” means an individual employed to work in a veterinary practice who performs tasks at the direction of a licensed veterinarian. b. “Veterinary assistant” does not include a person who is a licensed veterinarian or a veterinary technician, a veterinary student, or a graduate from a foreign college of veterinary medicine.
“Veterinary auxiliary personnel” means a registered veterinary technician, a veterinary technician who is not registered, a veterinary assistant, a veterinary student, or a graduate of a foreign college of veterinary medicine subject to the provisions of this subchapter.
Adds new section for “accredited or approved veterinary technology program”. Defines direct, indirect, and immediate supervision (Previously no tasks were categorized). The board may determine a lower level of supervision is required for registered veterinary technicians. The board shall adopt rules designating which tasks a veterinary technician may perform under a determined level of supervision.
A veterinary technician or assistant shall not do any of the following: a. Treat floating teeth. b. Provide for the closure of surgical wounds and lacerations. c. Perform treatments for gingival resection. Veterinary students and graduates of foreign colleges’ tasks shall be determined by SP.
Adds new section for “supervising veterinarian”. “Supervising veterinarian” (SP) means a licensed veterinarian who assumes responsibility for supervising authorized veterinary medical services provided to an animal patient by veterinary auxiliary personnel acting under a level of supervision by the licensed veterinarian. A veterinarian cannot act as an SP until they have examined the animal.
Gives SP veterinarian discretion to determine the applicable level of supervision for veterinary auxiliary personnel, subject to board rules.
Outlines the VT registration process. Provides for reciprocity if the veterinary technician holds a valid registration, certificate, license, or other authorization issued by a jurisdiction recognized by the board, and the VT has been actively employed as a veterinary technician for at least 2,000 hours during the five years preceding the filing of the application.
The bill recognizes three types of auxiliary veterinary personnel: the two current personnel, a certified veterinary assistant and a certified veterinary technician; and new personnel, referred to as a licensed veterinary technician.
Veterinary – Reporting Abuse
IA HF472 provides immunity for participating with law enforcement and judicial.
A licensed veterinarian, when acting in good faith and in conformance within the minimum standard of acceptable and prevailing practice of veterinary medicine as defined in rules adopted by the board, is immune from administrative, civil, or criminal liability which might otherwise be incurred or imposed as a result of the licensed veterinarian doing any of the following: a. cooperating with a peace officer in a matter relating to the alleged conduct of a licensed veterinarian’s client that, if true, would constitute an offense punishable as a misdemeanor or felony under chapter 717b, 717c, or 717d. the licensed veterinarian may provide such cooperation in any manner that assists the peace officer, including but not limited to making a report to a peace officer or providing the peace officer with information regarding the alleged conduct. b. cooperating with a local authority or law enforcement officer, as each is defined in section 717b.1, to rescue a threatened animal as provided in section 717b.5. c. participating in a dispositional proceeding or complying with a court order
KY HB484 includes certified animal euthanasia specialists as persons qualified to administer rabies vaccinations to dogs, cats, and ferrets.
Vaccinations performed by a certified animal euthanasia specialist shall be performed at the euthanasia specialist’s place of employment.
Veterinary – Telemedicine
KY HB167 – Defines allied animal health professional, which includes equine dental and chiropractors, licensure, and standards. Vet clinics must also be licensed and conduct self-inspection to ensure compliance. Defines teleadvice, teleconsulting, telehealth, telemedicine (support VCPR), telemonitoring, telesupervision, teletriage, and VCPR. Changes VCPR to “an in-person visit” and adds section cannot be established virtually, must notify of an available facility for follow up. VCPR can cover other vets at the same facility. Mobile facilities must be registered. Vets with applications pending can work under a supervising vet.
Connected care or telemedicine provided to patients in Kentucky shall only be conducted within an existing VCPR as defined in Section 10 of this Act and is required to be re-established through an in-person visit every twelve (12) months, with the exception of advice given in an emergency care situation or teletriage until a patient can be seen by or transported to a veterinarian. The VCPR for that twelve (12) months shall be deemed to constitute a relationship in Kentucky, regardless of whether the patient or client travels outside the Commonwealth; and (4) Telehealth conducted without a VCPR may include only the delivery of general advice, educational information, and teletriage. Telehealth which may be conducted without a VCPR includes:
The VCPR may extend to another veterinarian employed in the same registered facility who is licensed to practice veterinary medicine within the Commonwealth, so long as the other Kentucky-licensed veterinarian has sufficient knowledge in the medical record to make a decision.
2023-01 ~ LAC 46LXXXV.301.801.1201 – Repeal of Letters of Reference Requirement for Applications
- 02-02-2023 Board voted to approve promulgation of rule amendments in compliance with LA R.S. 49:956. [Meeting Minutes – 02-02-23 (must be ratified at next meeting on 04/06 prior to publication)]
- 02-08-2023 Notice of Intent and Fiscal & Economic Impact Statements submitted to Legislative Fiscal Office for review.
- 02-28-2023 Legislative Fiscal Office approved fiscal and economic impact statement.
- XX–XX-2023 * Notice of Intent to be reviewed by Occupational Licensing Review Commission (OLRC) at its April ’23 meeting – once the date has been released – with request to continue the promulgation process.
- XX–XX-2023 * First Report will be submitted to Senate and House Legislative Oversight Committees on Agriculture, Forestry, Aquaculture, and Rural Development.
- XX–XX-2023 * Notice of Intent will be published in the 2023 Louisiana Register, Volume 49, XXXX edition.
* The exact dates for these three actions will be updated once the OLRC has publicized the exact date for its April ’23 meeting.
2022-03 ~ LAC 46LXXXV.100.105 – Petition for Rule Modification
- 12-01-2022 Board voted to approve promulgation of rule amendments in compliance with LA R.S. 49:956. [Meeting Minutes – 12-01-22]
- 12-16-2022 Notice of Intent and Fiscal & Economic Impact Statements submitted to Legislative Fiscal Office for review.
- 01-05-2023 Legislative Fiscal Office approved fiscal and economic impact statement.
- 01-19-2023 Notice of Intent scheduled for review by Occupational Licensing Review Commission (OLRC).
- 01-19-2023 OLRC approved continuation of promulgation process.
- 01-20-2023 First Report submitted to Senate and House Legislative Oversight Committees on Agriculture, Forestry, Aquaculture, and Rural Development.
- 02-20-2023 Notice of Intent published in 2023 Louisiana Register, Volume 49, February edition.
- 03-13-2023 Deadline for submission of written comments to Board.*See instructions for submitting comments in Notice of Intent. Written comments are only accepted from 2/21 to 3/13.
- xx-xxx-xxxx Public Hearing Will NOT Be Held — 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 March 13th, 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 March 13th if the public hearing is to be held.
- 04-XX-2023 Final Rule to be reviewed by Occupational Licensing Review Commission (OLRC) at its April ’23 meeting – once the date has been released – with request to continue the promulgation process.
2022-02 ~ LAC 46LXXXV.1101-1123.1031.307.700.702.714 – Preceptorship Requirement for DVM Licensure
- 02-13-2023 Summary Report submitted to Senate and House Legislative Oversight Committees on Agriculture, Forestry, Aquaculture, and Rural Development.
- 03-15-2023 Final Rule to be reviewed by Occupational Licensing Review Commission (OLRC) at its March 15, 2023 meeting with request to continue the promulgation process.
Veterinary – Malpractice
ME LD688 – Prohibited for certain workers. Notwithstanding subsection 2, an employer may not require or permit an employee to enter into a non-compete agreement with the employer. if: The employee is a veterinarian licensed under Title 32, chapter 71-A and is employed in a veterinary facility in which the employee does not have an ownership interest. A court may not enforce a non-compete agreement entered into or renewed with an employee who is a veterinarian licensed under Title 32, chapter 71-A before the effective date of this paragraph unless the employee is working in a veterinary facility in which the employee has an ownership interest.
Veterinary – Non-compete Agreements
NM HB452 adds veterinarians to non-compete statute.
A non-compete provision in an agreement, which provision restricts the right of a health care practitioner to provide clinical health care services in this state, shall be unenforceable upon the termination of:
(1) the agreement;
(2) a renewal or extension of the agreement; or
(3) a health care practitioner’s employment with a party seeking to enforce the agreement.
A. A provision in an agreement for clinical health care services to be rendered in this
state is void, unenforceable, and against public policy, if the provision:
(1) makes the agreement subject to the laws of another state; or
(2) requires any litigation arising out of the agreement to be conducted in another state.
Rules for Low-Income Spay Neuter Program (2022-027)
Effective Date: March 1, 2023
AGENCY: 01-001 – Department of Agriculture, Conservation & Forestry (DACF) – Animal Welfare Program
ADOPTED RULE NUMBER: 2022-027
Rule changing to accommodate administration by third party and the addition of feral cats per 7 MRS §3910-B(1-A) Companion Animal Sterilization Fund enacted in 2022, as well as updating program’s payment delivery to providers, increasing program efficiency, and reducing administration costs.
DETAILED SUMMARY: These rules provide necessary guidelines for administration of the Help Fix ME (Companion Animal Sterilization Fund) to comply with the requirement of engaging a third-party administrator per 7 MRS §3910-B(1-A) Companion Animal Sterilization Fund enacted earlier this year. Additional rules are required to ensure a suitable administrator will be found and to ensure the effective delivery of the program on behalf of the state.
These rules will also improve delivery of the Help Fix ME (Companion Animal Sterilization Fund programming) to both the public and participant veterinary providers by providing updated and more effective and efficient payment processes and communication processes. These rules allow for methods and modes of service delivery more in line with modern approaches to spay/neuter delivery to low-income clientele. These rules also account for the current shortage of veterinary professionals in the state by specifically including large-scale spay/neuter events which have become the primary mode of service delivery to areas of the state most lacking in veterinary capacity for providing Help Fix ME surgeries. They will also allow for feral cats to be spayed and neutered by anyone regardless of income status.
Veterinary – PMP
MD HB1227 includes certain licensed veterinarians when dispensing controlled substances in the usual course of providing professional services; providing that the Program is not required to disclose prescription drug monitoring data to veterinarians. “A veterinarian licensed under title 2, subtitle 3 of the agriculture article when dispensing controlled substances for animals in the usual course of providing professional services.”
MD HB325 – Routine Medical Care and Rabies Vaccines to require the State Board of Veterinary Medical Examiners to authorize a certain veterinary practitioner licensed to practice veterinary medicine in another state or jurisdiction to provide routine medical care in the State under certain circumstances; requiring the Secretary of Health to allow individuals who work in or for a certain veterinary hospital or a certain animal control facility to administer rabies vaccines under certain circumstances; and generally relating to the provision of veterinary services in the State.
MD SB390 requires the board to authorize a veterinarian licensed in another state to provide routine medical care in a shelter. May include: spaying/neutering, vaccinations, health examinations, and completing certificates of health. Requires the Secretary of Health to provide a statewide system to 1) allow individuals who work in or for a veterinary hospital or animal control facility to administer rabies vaccines. Must be administered in accordance with applicable protocols for licensed veterinarians.
Board of Veterinary Medical Examiners approved the following amendments:
15.14.10 Continuing Education Requirements
On February 8, 2023, the Maryland Department of Agriculture adopted amendments to Regulations .02 and .05 under COMAR 15.14.10 Continuing Education Requirements. This action, which was proposed for adoption in 49:20 Md. R. 920—921 (September 23, 2022), has been adopted as proposed.
The purpose of this action is to add a definition and remove the limitation on the number of credit hours that a licensed veterinarian may obtain through online continuing education programs in a given licensing year to maintain the person’s registration with the State Board of Veterinary Medical Examiners.
Effective March 6, 2023
15.14.16 Continuing Education Requirements for Registered Veterinary Technicians
On February 8, 2023, the Maryland Department of Agriculture adopted amendments to Regulations .02—.04 under COMAR 15.14.16, Continuing Education Requirements for Registered Veterinary Technicians. This action, which was proposed for adoption in 49:20 Md. R. 921—922 (September 23, 2022), has been adopted as proposed.
The purpose of this action is to add a definition and remove the limitation on the number of credit hours that a registered veterinarian technician may obtain through online continuing education programs (annually and over a 3-year period) to maintain the person’s registration with the State Board of Veterinary Medical Examiners.
Effective March 6, 2023
MA S491 creates the animal advisory board. The board is charged with advising the commissioner on issues relating to, but not limited to, shelters, animal control officers, animal inspectors, training, and best practices. Representations are mainly vets and shelter reps.
MA S1126 – Crawford’s Law: A person who by willful, wanton, reckless, or negligent act causes the unnecessary or unjustified death of a cat or dog shall be liable in damages for the fair monetary value of the deceased animal to the owner of the animal, including, but not limited to, damages for the loss of comfort, protection, companionship, other special damages, services of the deceased animal to its owner; reasonable afterlife expenses of the deceased animal; court costs and attorney’s fees; and other reasonable damages resulting from the willful, wanton, reckless, or negligent act. Non-economic damages shall have a cap value of $30,000.00. Damages under this section for unnecessary or unjustified death sustained by an animal shall be recovered in an action of tort by the aggrieved, commenced within three years from the date, of death or from the date when the aggrieved knew, or in the exercise of reasonable diligence, should have known, of the factual basis for a claim of relief.
Veterinary – Declaw
MA S190 – No person shall perform, or cause to be performed, any declawing procedure of an animal, unless the following apply: (1) The person performing such declawing procedure is licensed under section chapter 112; and (2) Such declawing procedure is for a therapeutic purpose as defined under this section; or (3) The person who causes a declawing, onychectomy, or tendonectomy procedure to be performed is relying upon the written opinion of a person licensed under section 55 of chapter 112 that such declawing procedure animal is required for a therapeutic purpose. (c) A veterinarian who performs a declawing procedure on an animal shall keep a record of the procedure for a period of 4 years after the last contact with the animal.
Veterinary – Non-compete Agreements
MA S1218 – Any contract or agreement which creates or establishes the terms of a partnership, employment, or any other form of professional relationship with a veterinarian registered to practice veterinary medicine under section 55 of this chapter, which includes any restriction of the right of such veterinarian to practice veterinary medicine in any geographic area for any period of time after the termination of such partnership, employment or professional relationship shall be void and unenforceable with respect to said restriction; provided, however, that nothing herein shall render void or unenforceable the remaining provisions of any such contract or agreement.
MA S207 creates a board on veterinary technician licensing. The subsidiary board shall promulgate rules and regulations by which veterinary technicians shall be licensed and registered in the commonwealth, subject to approval by the board…shall: delineate the duties which supervising licensed veterinarians may assign to licensed veterinary technicians and non-licensed veterinary assistants, consistent with good veterinary medical practice in the best interests of consumers; address the maintenance, suspension, and revocation of licenses; and provide for continuing education requirements for licensed veterinary technicians.
MN HF1850 The Office of Animal Protection shall have the following duties:
(1) to promote programs to protect the welfare of animals;
(2) to coordinate with local law enforcement officers to enforce the requirements in
chapters 343 and 346 regarding animal welfare and the prevention of animal cruelty;
(3) to investigate alleged crimes against animals in accordance with the requirements in
sections 343.12 and 343.22;
(4) to provide training programs regarding the prevention of animal cruelty and
investigation of animal cruelty allegations;
(5) to provide assistance in locating shelters for displaced animals during emergencies
or natural disasters;
(6) to establish and maintain a statewide dangerous dog database; and
(7) upon request from local law enforcement agencies, to investigate alleged violations
of sections 347.50 to 347.565 regarding dangerous dogs.
MN HF1817 – Previously, individuals who practiced veterinary medicine at the University were required to obtain the same license as traditional vets. This bill creates an institutional license for this purpose, includes eligibility and scope.
Animal Welfare – Pet Insurance
MS SB2228 establishes provisions for the sale and renewal of pet insurance policies. A trimmed version of the Model Pet Insurance Act.
MS SB3034 – The following sum, or so much thereof as may be necessary, is appropriated out of any money in the State Treasury to the credit of the Mississippi State Board of Veterinary Examiners for the purpose of defraying the expenses incurred by said board for the fiscal year beginning July 1, 2023, and ending June 30, 2024, $ 192,617.00.
Animal Welfare – Pet Insurance
MS HB1191 – Adopts a shorter version of the model pet insurance act, companion, defers a few provisions, like wellness programs to the commissioner for rules. The commissioner may issue rules and regulations to implement and administer the provisions of this act including, but not limited to, rules and regulations establishing policy disclosures, policy conditions, sales practices for selling wellness programs, and penalties for violations of any law or regulations regarding the sale of pet insurance.
MT SB504 adds exemptions from the veterinary practice act: “an animal shelter from caring for and treating the animal shelter’s own animals and stray animals or being assisted in this treatment by the animal shelter’s employees, as defined in 2-18-601, employed in the conduct of the animal shelter’s business or by other persons whose services are rendered gratuitously in case of emergency.”
NV SB229 removes teeth floating services performed by a person who has received certain certification from the provisions of law governing veterinary medicine when performed on equine or certain livestock, thereby allowing such a person to perform such teeth floating services in this State without holding a license or being subject to certain regulations of the board.
NH HB2 Removes the process for the VMA to recommend three members to the governor for appointment. Annually, the board shall organize by electing a president and such other officers as may be prescribed by rule. Officers of the board shall serve for terms of one year and until a successor is elected, without limitation on the number of terms an officer may serve. Reduces the board from 7 to 5 members.
NH HB655 – This bill redefines the roles and responsibilities of the office of professional licensure and certification (OPLC) for the boards and commissions. OPLC issues licenses, sets fees, provides legal and investigatory services, and presents administrative rules as advised by the boards and commissions. The bill consolidates administrative authority for OPLC in a new chapter and repeals redundant provisions of law.
Veterinary – CAIT
NH HB258 establishes a certification for animal chiropractors. Allows human chiropractors to practice on animals. Requires a veterinary referral.
License Period Changes
Important Changes About Your License Period
Beginning on February 22, 2023, licenses issued will expire two years from the date of issuance, on the last day of the month in the month the license was issued.
Reference: RSA 310-A:1-h
NJ A5256 requires publication of standard and emergency services provided by veterinarians.
Veterinary – Declaw
NJ A2578 – No person shall perform, or cause to be performed, an onychectomy (declawing) or flexor tendonectomy procedure by any means on a cat or other animal unless the procedure is deemed necessary for a therapeutic purpose by a licensed veterinarian. A person who violates this provision shall be guilty of a disorderly person’s offense.
Whenever a licensed veterinarian determines that an onychectomy or flexor tendonectomy is necessary for a therapeutic purpose, the veterinarian shall prepare and file a written statement with the Department of Health setting forth the purpose for performing the procedure and providing the name and address of the owner or keeper of the animal, and provide a copy of that statement to the owner of the animal. A veterinarian who fails to comply with the provisions of this section shall be subject to disciplinary action by the State Board of Veterinary Medical Examiners.
Veterinary – Telemedicine
NJ S2464 amends C.45:1-61 Definitions relative to telemedicine and telehealth by adding the following to the definition of “health care provider”. The term ‘health care provider’ does not include a licensed veterinarian.
NM HB201 extends veterinary board sunset until 2029.
Veterinary – Loan Repayment/Shortages
NM HB474 – The department shall designate rural areas of New Mexico in which there is an insufficient number of veterinarians or veterinary technicians to meet the demand for veterinary services. An award shall not exceed the lesser of $50,000 or the total veterinary education indebtedness of any participant at the time the award is granted.
NM SB111 – The state shall suspend the collection of license fees for initial licensure of individuals in the professions and occupations listed in this section; provided that this provision does not include businesses or managers or supervisors of businesses. This program of suspension shall begin July 1, 2023, and end July 1, 2026. The regulation and licensing department, adjunct licensing boards, and other departments that license professions and occupations listed in this section shall collect and analyze data to determine whether the suspension of initial license fees results in increased participation in licensed professions and occupations and whether additional licensees are drawn from resident New Mexicans or other jurisdictions.
Veterinary – Reciprocity
NM HB384 – Requires the veterinary board to issue an expedited license to an applicant with an out-of-state licensed. The board shall process the application as soon as practicable but no later than thirty days after the out-of-state veterinarian files an application for expedited licensure. The board by rule shall determine those states and territories of the United States and the District of Columbia from which it will not accept an applicant for expedited licensure and shall determine any foreign countries from which it will accept an applicant for expedited licensure. The board shall post the lists of disapproved and approved licensing jurisdictions on the board’s website.
NY S04637 allows EMS to provide first aid to any dog or cat, must try to contact a veterinarian, allows veterinarians to provide training, and provides immunity to both. Specifies limited services.
Veterinary – Compounding
NY A04505 – A pharmacist may dispense drugs, including veterinary-specific compounded medications, to a veterinarian, and a veterinarian may possess and keep in stock for administration and sale, such drugs pursuant to a non-patient specific regimen prescribed or ordered by any practitioner of veterinary medicine licensed pursuant to article one hundred thirty-five of this title. Provided, however, that any dispensing of drugs containing opioids or other controlled substances shall be subject to limitations determined by the Department of Health.
Veterinary – Facilities
NC S282 – At least one week prior to conducting any inspection pursuant to G.S. 90-185(3) or G.S. 90-186(2), the Board shall provide written notice of the upcoming inspection to the veterinarian. The written notice may be provided via electronic communication. The veterinarian may contact the Board to reschedule the inspection, but the inspection shall be rescheduled no later than one week after the originally scheduled date of the inspection. Along with the written notice of inspection, the Board shall provide the veterinarian with a checklist of all standards adopted by rule for which the inspector may issue a violation and, with as much specificity as possible, conditions that violate the standards.”
NC S135 – No person shall use the title “registered veterinary technician” or the title “veterinary technician,” the abbreviation “R.V.T.,” or any other words, letters, or symbols, with the intent to represent that the person is authorized to act as a registered veterinary technician unless that person is licensed by or registered with the Board as a registered veterinary technician per this Article.
Animal Welfare – Tax Issues
ND HB1455 Sales tax exemption for materials used in the research and development of bioscience and biotechnology and manufacture of bioscience and biotechnology products. “Bioscience” means the use of compositions, methods, and organisms in cellular and molecular research, development, and manufacturing processes in areas, including pharmaceuticals and veterinary medicine.
ND HB1361 – Notwithstanding any other provision of law, an individual’s rights are superior and not equal to environmental elements, artificial intelligence, animals, inanimate objects, corporations, or governmental entities. Environmental elements, artificial intelligence, animals, inanimate objects, corporations, or governmental entities may not be granted personhood in the state or any right personhood entails.
The Ohio Board of veterinary medicine will hold a hearing 4/12/23 for Rule 4741-1-25.
Rule 4741-1-25 OAC provides guidance for those licensees who are found to be practicing impaired. The rule was amended to include a safe haven to address confidential assistance for those who have a substance abuse issue or need assistance for mental health wellness.
The following issues are slated for the March 22-23 meeting
8.2 Professional Practice Standard – Veterinary Dentistry (pg 74)
“The primary reason for the review of the Professional Practice Standard: Veterinary Dentistry relates to whether the use of radiography should be mandatory. However, since the Professional Practice Standard was published in March 2015, the Canadian Veterinary Medical Association (CVMA) has updated its Position Statement on Veterinary Dentistry. Most of the changes made in the Position Statement do not affect the work contained in the Professional Practice Standard. However, the CVMA has updated its definition of veterinary dentistry.
Given that the Professional Practice Standard is now under review, College staff have taken the opportunity to update the definition to reflect the CVMA’s current terminology. Should Council decide that no further work be completed on the Professional Practice Standard related to radiography, a specific direction will still be required for this amendment.
Council is now asked to review the briefing note and the proposed draft [pg. 87]. Professional Practice Standard: Veterinary Dentistry and to discuss next steps.”
8.3 After-Hours Care Services – Next Steps (pg 93)
“Sarah Kirby, Senior Policy and Projects Specialist will provide Council with a presentation related to this topic.
After the presentation, Council will be asked to review and discuss the proposed Terms of Reference for an After-Hours Veterinary Care Taskforce [pg. 106].”
10.2 Regulatory Trends (pg 118)
1. Bill 60 – https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-60 Recently introduced in Ontario and applies to certain health professions (namely nursing, medicine, lab, and radiation technicians). The essence of this Bill is to permit individual practitioners in other jurisdictions in Canada to practice in Ontario for a specified period of time without being registered with the corresponding regulatory College. This Bill is fraught with contradiction given the long-time existence of labor mobility legislation. The outcomes will be important to watch related to concerns on the shortage of all professionals.
2. Nursing Act, ON – there is work occurring on expanding the scope of practice of registered practical nurses related to initiating orders. This work is relevant to the modernization of our Act and is being monitored by the Policy team.
10.4 Public Trends (pg 122)
The issue of prescribing is a growing trend related to public contacts. This issue is often connected with the issue of fees. More members of the public are calling to find out why they need to pay for a physical exam in order to obtain their animals’ medications or refill their prescriptions for chronic conditions. The College is also receiving more questions as to what to do if their veterinarian won’t provide a prescription for them to seek the medication elsewhere, and/or why the fee for writing a prescription is so high.
4. Access to Veterinary Drugs
In a follow-up to recent media reports, the College has received contacts and petitions from members of the public related to client access to veterinary drugs from sources other than veterinarians.
February 16, 2023 – This correspondence comes to inform you of the requirements of the Dog Law, specifically as it pertains to boarding kennel licensing. The statutory requirements of the Dog Law Act necessitate that all veterinarians who board a dog, regardless of whether the boarder is a client or not, must have a kennel license.
Pursuant to section 3 P.S. § 459-102 – Definitions:
- “Kennel.” Any establishment in or through which at least 26 dogs are kept or transferred in a calendar year, or a boarding kennel as defined in this act.
- “Boarding kennel.” Any establishment available to the general public where a dog or dogs are housed for
compensation by the day, week, or a specified or unspecified time. The term shall not include a kennel where the practice of veterinary medicine is performed if the kennel is covered by the provisions of the act of December 27, 1974 (P.L.995, No.326), known as the “Veterinary Medicine Practice Act.” The term shall include any boarding facility operated by a licensed doctor of veterinary medicine whether or not this facility is on the same premises as a building or structure subject to the provisions of the “Veterinary Medicine Practice Act.” 3 P.S. § 459-102 (emphasis added). The term shall include any establishment available to the general public that, for consideration, takes control of a dog from the owner for a portion of a day for the purposes of exercise, daycare, or entertainment of the dog. For the purpose of this term, each time a dog enters the kennel it shall be counted as one dog. This term does not include an establishment engaged only in dog grooming or dog training.”
Furthermore, pursuant to section 3 P.S. § 459-207(a.1)(1) – Requirements for kennels, “It shall be unlawful for kennels described under section 206 to operate without first obtaining a kennel license from the department.” 3 P.S. §459-207(a.1)(1)
Please be advised that a violation of operating a kennel without a license may result in a citation which carries a maximum fine of $500.
If you have any questions regarding this information, please feel free to contact me at 717-787-3062. We look forward to working with you in the future.
From the Desk of:
Bureau of Dog Law Enforcement
RI H5832 introduces the Model Pet Insurance Act
RI H5705 In determining the ownership of a pet between formerly cohabitating parties where the pet’s ownership is contested, the district court may consider the well-being of the pet equitable analysis as set forth in this section. The following is a non-exhaustive list of factors the court may consider in its ownership resolution ruling:
(1) Who purchased the pet;
(2) Who has paid the majority of the pet’s expenses;
(3) Who cared for the pet on a daily basis; and
(4) Who can provide the safest and most appropriate living environment for the pet.
Veterinary – Declaw
RI S0403– It is unlawful for any person to perform surgical claw removal, declawing, or a tendonectomy on any cat or otherwise alter a cat’s toes, claws, or paws to prevent or impair the normal function of the cat’s toes, claws, or paws. (c) This section does not apply to a procedure performed solely for a therapeutic purpose.
TX HB3439/TX SB1673 Current law allows shelter vets to provide services for owners who are indigent to the following “(1) is an individual or family whose income is: (A) not more than 80 percent of the median income for the area in which the individual or family lives as determined using a source or methodology accepted under federal law or rule; or (B) less than the federal poverty level for the relevant household size; and (2) submits to the releasing agency evidence to establish the owner qualifies as an individual or family described by Subdivision (1).
TX HB1560/TX SB1414 – The commission may not adopt a new rule relating to the scope of practice of, a health-related standard of care for, or the ethical practice of the profession of veterinary medicine unless the rule has been proposed by the board under Section 801.023(c). The commission shall adopt rules prescribing the procedure by which the board may propose rules described by this subsection. Notwithstanding Subchapter D, the board is an advisory board to the department. The department may establish working groups composed of board members as the department considers necessary.
TX HB3049/TX SB1523 – If the board determines that a complaint filed with the board is unfounded, the board shall: (1) dismiss the complaint; and (2) include a statement in the record of the complaint that the complaint was dismissed because the complaint was baseless. (b) The board shall adopt rules that establish criteria for determining whether a complaint is unfounded.
Veterinary – CAIT
TX HB3397 directs the board to adopt rules to… “ensure that chiropractic treatment and musculoskeletal manipulation are performed only by: (A) a veterinarian who is active and in good standing; or (B) a chiropractor licensed in good standing under Chapter 201 and who is: (i) certified in good standing by the American Veterinary Chiropractic Association, or (ii) acting under the supervision of a veterinarian.”
Veterinary – Emergency Services
TX HB4069 – Price Transparency For Emergency Care. The board shall adopt rules to require a veterinarian to disclose to the owner or other caretaker of an animal the following information before providing emergency treatment to an ill or injured animal: (1) a description of the proposed treatment; and (2) the estimated price of the proposed treatment.
Veterinary – Loan Repayment/Shortages
TX SB1590 removes the stipulations on the veterinary repayment program that the recipient completes high school and college in Texas.
Veterinary – Malpractice
TX HB2772 – Relating to the recovery of attorney’s fees in cases involving veterinary malpractice or negligence. For purposes of this section, a claim described by Subsection (b)(6) does not include a claim against a veterinarian, as defined by Section 801.002, Occupations Code, for veterinary malpractice or negligence.
Texas Board of Veterinary Medicine Proposed Rule:
22 TAC §575.26 Deferred Disciplinary Action for Minor Violations to First-Time Offenders
Comment Deadline: March 24, 2023
The purpose of the new proposed rule is to offer to first-time Class C offenders the ability to fulfill a condition that demonstrates they understand and see how their act or omission violated the Board’s rule, but that it will not appear on their disciplinary record.
- 575.26.Deferred Disciplinary Action.
(a) For Class C Violations, the Board may offer respondents deferred disciplinary action in lieu of disciplinary action. If the respondent successfully completes the terms of the deferred disciplinary action within 60 days, the complaint will be recommended for dismissal at a subsequent public Board meeting.
(b) Deferred disciplinary action is an option only available for the Board and Staff and it will not be available as an option in a proceeding before the State Office of Administrative Hearings.
Filed with the Office of the Secretary of State on February 7, 2023
Occupational Licensing – Reciprocity
UT SB0035 requires the department to issue a license to an applicant who has been licensed in another state, district, or territory of the United States if: (a) the department determines that the license issued by the other state, district, or territory encompasses a similar scope of practice as the license sought in this state; (b) the applicant has at least one year of experience practicing under the license issued in the other state, district, or territory; and (c) the applicant’s license is in good standing in the other state, district, or territory. No timeframe for processing applications.
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 – Large Animal
UT HB0178 exempts an individual who is testing bovine for pregnancy from the requirement to be licensed under the Veterinary Practice Act.
Veterinary – Loan Repayment/Shortages
UT HB0184 – There is created within the department the Veterinarian Education Loan Repayment Program. (2) (a) Subject to Subsection (2)(b), beginning July 1, 2028, and as funding for the program permits, the program shall make a one-time payment to a qualified veterinarian on a first-come, first-served basis in an amount equal to the least of: (i) the sum of the qualified veterinarian’s education loan balances; (ii) $100,000; or (iii) unexpended funds appropriated to the program. (b) A qualified veterinarian is eligible for payment from the program if the qualified veterinarian: (i) applies as a qualified veterinarian for payment from the program; and (ii) registers with the program at least five years before the day the veterinarian applies for payment under Subsection (2)(b)(i). Bill was amended to include “high needs areas, Indian country, shelters, rescues, or state employees”.
Veterinary – Vaccinations
VT H0410 – Veterinarians must present a list of rabies vaccinations to the municipal clerk every 30 days.
The rabies vaccination certificate shall include the following:
(A) the signature of the veterinarian;
(B) the dog or wolf-hybrid owner’s name and address;
(C) the species, sex, age, color, and primary breed of the animal; and
(D) the vaccination number and expiration date.
Animal Welfare – Rabies
VA HB1577 requires a person confining an animal with rabies to allow the Department of Health to access the animal during such confinement.
VA HB2195 creates an apprenticeship council, among many other workforce-related provisions. No specific reference to veterinary or any other profession. Just general interest.
VA SB1147 Bill requiring CE in human trafficking has been amended to resources being posted online.
1. That the Department of Health Professions shall make available on its website information and resources on human trafficking detection, prevention, and response. Each health regulatory board shall include reference to the availability of such information and resources in letters or other communications to health care providers.
Current rules in progress
Subject of possible rulemaking: WAC 246-933-010, Definitions and WAC 246-933-200, Veterinary Client Patient Relationship (VCPR). The Veterinary Board of Governors is considering establishing additional standards for telemedicine services. The board is considering amending WAC 246-933-200 and WAC 246-933-010 and creating a new rule section.
WV HR16 – That the West Virginia House of Delegates condemns the new FDA regulations and asks those in Congress; specifically, Senators Capito and Manchin, as well as Representatives Miller and Mooney, and the federal government to rescind GFI No. 263 and require that the necessary animal drugs and medications remain easily accessible.
Preamble language makes various points about the difficulty owners will have in treating animals, that it will lead to suffering and death.
Veterinary – Loan Repayment/Shortages
WV HCR84 – Resolved by the Legislature of West Virginia: That the Joint Committee on Government and Finance study how best to improve these sections of the West Virginia Code to help grow and support a workforce trained in veterinary medicine in this state and how best to provide increased opportunities for students in pursuit of a Doctor of Veterinary Medicine degree. Specifically mentions loan repayment programs as an option.
Law Changes – Effective March 1, 2023
SERIES 2 ‐ DISCIPLINARY AND COMPLAINT PROCEDURES
Removed the language that a complaint must be accompanied by a notarized form.
WI AB43 appropriates to the veterinary examining board 2023-2024 $397,500 and 2024-2025 $396,300.
WI SB70 appropriates the following: Veterinary examining board 2023-2024 $397,500 and 2024-2025 $396,300. Veterinary diagnostic laboratory $5,982,000, $6,129,800. Veterinary diagnostic laboratory; fees $6,838,600, $6,838,600. Veterinary diagnostic laboratory; state agencies $784,300, $784,300. Veterinary diagnostic laboratory; federal funds $367,700, $367,700.
FL S0722 – A veterinarian who holds an active license to practice veterinary medicine in another jurisdiction in the United States and is in good standing in such jurisdiction and who performs dog or cat sterilization services or routine preventative health services at the time of sterilization as an unpaid volunteer under the responsible supervision, as defined in s. 474.202, of a veterinarian licensed in this state. The supervising licensed veterinarian is responsible for all acts performed under this subsection by an out-of-state veterinarian acting under her or his responsible supervision. An out-of-state veterinarian practicing pursuant to this subsection is not eligible to apply for a premises permit under s. 474.215.
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.
WY HB0076 reduces the exemption from the exam for out-of-state licensed veterinarians from practicing the last 5 years to the last 3 years.