Jurisdiction Report May 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 May 2023 Conventional Report sorts the same reported items by activity and topic.
Updates by Jurisdiction
Alabama
State Boards
AL SB162 increases per diem for the Veterinary Board from $200 per day to $600 per day.
Alaska
Veterinary – PMP
AK HB56 removes the Veterinary Board and animal prescriptions from the PMP statutes, presumably exempting veterinarians from the PMP, which has been considered the past few years. (v) This section does not apply to a schedule II, III, or IV controlled substance prescribed or dispensed by a veterinarian licensed under AS 08.98 to treat an animal. Effective date same as passage, awaiting transmittal to Governor
Arizona
State Board
AZ SB1720 appropriates a lump sum of $769,000 to the Arizona State Veterinary Medical Examining Board.
Veterinary – Telemedicine
AZ SB1053 Amended by the House to prohibit a virtual VCPR for food-producing animals and limit prescriptions to a 14-day dose with one refill.
A. Notwithstanding any other law, a veterinarian may establish a veterinarian-client-patient relationship through electronic means if all of the following apply:
1. the veterinarian is licensed pursuant to this chapter or holds a permit pursuant to section 32-2217.01.
2. the veterinarian obtains consent from the client, including an acknowledgement that the standards of care prescribed by this chapter apply to in-person visits and visits through electronic means. The veterinarian shall maintain for at least one-year documentation of the consent described in this paragraph.
3. The veterinarian is able to refer the client to a local veterinarian who can see the animal in person. The client has the option to choose an in-person visit.
B. Veterinarians may prescribe drugs or medications after establishing a veterinary-client-patient relationship through electronic means, except that:
1. Prescriptions based on an electronic examination may be initially issued for not more than thirty days and may not be renewed for more than thirty days without an additional electronic examination or an in-person examination.
2. A prescription renewed once and based only on electronic examinations may not be renewed again without an in-person examination.
3. The veterinarian may not order, prescribe or make available a controlled substance as defined in section 36-2501 unless the veterinarian has performed an in-person physical examination of the patient or made medically appropriate and timely visits to the premises where the patient is kept.
C. Veterinarian services provided through electronic means are subject to the rules adopted pursuant to section 32-2275 relating to the practice of veterinary medicine.
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.
Arkansas
Non-Compete
AR HB1628 prohibits non-compete agreements.
Veterinary – Telemedicine
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.
Veterinary Technician
AR HB1673 amends veterinary technician requirements to require a copy of the applicant’s diploma or its equivalent from a college-level program accredited by the American Veterinary Medical Association or a Bachelor of Science degree in Animal Science with a pre–veterinary emphasis.
President’s Letter – Final Legislative Summary:
HB1182 (Act 161) – expanded the role of Veterinary Technician Specialists. Your association OPPOSED this bill. We did achieve having the ability of a VTS to write prescriptions removed from the bill. Also, the “Collaborative Practice Agreement” clause was amended to prevent a VTS from receiving direct payments from the client but would be a salaried employee of a veterinarian. This provides better legal protection for the veterinarian in case of a malpractice claim. This bill passed and was signed by the Governor.
HB156 (Act 452) – simply corrected drafting errors in the amendment placed in HB1182 (Act 161). The association was neutral on this “housekeeping bill”, which passed and was signed by the Governor.
SB5 – to allow a veterinary client-patient relationship to be established by telemedicine. Your association OPPOSED this bill. This bill was defeated on the Senate floor and died in the Senate upon adjournment.
SB403 – to consolidate and abolish certain boards within the Department of Agriculture. This bill abolished the Veterinary Medical Examining Board (along with 9 other boards) so that “state government services are provided in an efficient and cost-effective manner; to achieve both operational efficiencies and economies of scale”. Your association OPPOSED the elimination of the VMEB. We had several meetings with the Secretary of Agriculture to remove the VMEB from this bill. That did not happen. However, we were able to negotiate a compromise assuring that two small animal veterinarians will be placed on the subcommittee. This will provide for two veterinarians
familiar with small animal practice in all hearing proceedings, along with the two Arkansas Livestock and Poultry Commission veterinarians. This bill passed and has been transferred to the Governor’s Office.
HB1673 – to allow a person with a “Bachelor of Science degree in Animal Science with a pre-veterinary emphasis” to be eligible to sit for the Veterinary Technician National Exam (VTNE). Your association OPPOSED this bill. This bill failed in committee and died in committee upon adjournment.
HB1662 – to allow the sale or shipping of antibiotics and microbials for veterinary medical use directly from a wholesaler, distributor, pharmacy, or farm store to a client if the veterinary drugs and medicines are dispensed based only on a prescription from a licensed veterinarian who has an existing veterinary-client-patient relationship with the client. This complies with a new FDA rule starting in June that will require a prescription for injectable antibiotics. Your association was NEUTRAL on this bill. This bill passed and has been transferred to the Governor’s Office.
SB476 – to create a Rural Veterinary StudentScholarship Program, utilizing accumulated funds from the Veterinary Medical Examining Board and other funds, to be administered by the Department of Agriculture. This Scholarship Program would be available to graduates agreeing to establish practices in rural communities in Arkansas, designated as underserved and having a population of less than 40,000 people. This bill
passed and has been transferred to the Governor’s Office.
HB1453 – to require veterinarians to perform emergency treatment of animals, regardless of client status or ability to pay. Your association OPPOSED this bill. It was withdrawn by the author.
California
State Boards
CA SB887 revises the composition of Wellness Evaluation Committees to require at least one licensed veterinarian, at least two public members, and at least one registered veterinary technician. The bill would require the Board to consider appointing individuals with specified experience, knowledge, or expertise in impairment to be applicable to all appointments to a Wellness Evaluation Committee. Deletes the provision requiring a veterinarian to be licensed or employed by the state and not out of practice for more than 4 years in order to be a reviewer or investigator.
Veterinary – Telemedicine
CA SB669 allows registered veterinary technicians to administer preventive or prophylactic vaccines or medications for parasites in the hospital, under indirect supervision, or within 5 miles of operation and agreement by the clinic to treat any adverse effects (veterinarian or supervisor can provide indirect supervision). Requires registered veterinary technicians to work under written protocol with supervisors, provide disclosure, and obtain consent. Specifies protocol requirements.
Veterinary Technicians
CA SB816 Removes this language…(c)The board shall not issue a veterinary assistant a controlled substance permit to any applicant with a state or federal felony-controlled substance conviction.
SB 304 (Chapter 515, Statutes of 2013) authorized a veterinary assistant to obtain or administer a controlled substance pursuant to the order, control, and full professional responsibility of a licensed veterinarian if the person is designated by a licensed veterinarian to obtain or administer controlled substances; and holds a veterinary assistant-controlled substance permit (VACSP). Once VACSP-related regulations became effective, the VMB began issuing permits in late 2016. The Board now regulates roughly 11,200 VACSPs.
AB 2138 (Chapter 995, Statutes of 2018) revised BPC § 480 to prohibit boards from denying applications based on a conviction that occurred over seven years ago, was dismissed, or expunged (with the exception of serious felonies pursuant to PC 1192.7). This bill simply deletes a conflicting code section that prohibits the VMB from issuing a probationary VACSP to clarify that the VMB may issue a probationary VACSP if it determines the applicant is eligible. Ordered to 3rd read
Colorado
Veterinary
CO SB102 postpones the expiration date for rules of most agency rules adopted or amended between 11/1/21 – 11/1/22, including rules of the state board of veterinary medicine concerning veterinarian and veterinary technician rules and regulations (4 CCR 721).
Connecticut
Veterinary – Reporting Abuse/Immunity
CT HB06714 To (1) redefine the crime of sexual contact with an animal, (2) require that veterinarians report suspected incidents of animal cruelty, and (3) prohibit persons convicted of animal cruelty or having sexual contact with an animal from possessing or working with animals for a period of five years from the date of conviction or release from imprisonment for the offense, whichever is later. Prohibits ownership and employment for any violators for five years. Any veterinarian licensed in accordance with the provisions of chapter 384 of the general statutes, who in the course of his or her employment, has reasonable cause to suspect that an animal is being or has been harmed, neglected, or treated cruelly in violation of section 53-247 of the general statutes, as amended by this act, shall make a written or oral report of the alleged violation to the local law enforcement agency or the animal control officer for the town where the animal is being kept. A report made pursuant to this subsection shall be made as soon as practicable, but not later than forty-eight hours after the veterinarian has reasonable cause to suspect that an animal has been harmed, neglected, or treated cruelly. Animal control may seize animals and take them to a shelter or veterinarian.
Delaware
Pet Insurance
DE HB156 Model Pet Insurance Act
3300 Board of Veterinary Medicine
Pursuant to 24 Del.C. §3306(a)(1), the Delaware Board of Veterinary Medicine (“Board”) has proposed revisions to its Rules and Regulations. Subsection 6.1.2 addresses requirements for applicants for licensure as veterinarians who did not graduate from an AVMA-accredited veterinary school or college. The proposed amendment adds the Program for the Assessment of Veterinary Education Equivalence (“PAVE”) as another method to meet the requirements for licensure.
A public hearing will be held on June 13, 2023, at 1:00 p.m. in the second-floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Veterinary Medicine, 861 Silver Lake Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to the Board at the above address or at randall.clack@delaware.gov.
In accordance with 29 Del.C. §10118(a), the final date to receive written comments will be June 28, 2023. The Board will deliberate on all of the public comments at its regularly scheduled meeting.
Florida
Animal Welfare
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.
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.
Veterinary – Telemedicine
FL H1117 (4) A veterinarian practicing telemedicine shall do all of the following:
(a) Establish the veterinarian/client/patient relationship.
(b) Provide the client with a statement containing the veterinarian’s identity, license number, and contact information and the contact information for at least one physical veterinary clinic in the vicinity of the pet’s location and instructions for how to receive patient follow-up care or assistance if the veterinarian and client are unable to communicate because of a technological or equipment failure or if there is an adverse reaction to treatment. The veterinarian shall obtain from the client a signed and dated statement indicating the client has received the required information.
(5) A veterinarian practicing veterinary telemedicine may order, prescribe, or make available medicinal drugs or drugs as defined in chapter 465. Controlled substances require a physical exam.
FL S0554 adds “performed an in-person examination of the patient” to the exam requirements for a VCPR. Allows the VCPR to be maintained with telemedicine. Does not stipulate how long the VCPR is in effect. An employee, an agent, or a contractor of a county or municipal animal control authority acting under the indirect supervision of a licensed veterinarian may vaccinate impounded dogs, cats, and ferrets that will be transferred, rescued, fostered, adopted, or reclaimed by the owner. The supervising veterinarian assumes responsibility for any person vaccinating animals at the veterinarian’s direction or under his or her supervision.
FL S1600 allows for a virtual VCPR, controlled substances require a physical exam.
…
(4) A veterinarian practicing telemedicine shall do all of the following:
(a) Establish the veterinarian/client/patient relationship.
(b) Provide the client with a statement containing the veterinarian’s identity, license number, and contact information and the contact information for at least one physical veterinary clinic in the vicinity of the pet’s location and instructions for how to receive patient follow-up care or assistance if the veterinarian and client are unable to communicate because of a technological or equipment failure or if there is an adverse reaction to treatment. The veterinarian shall obtain from the client a signed and dated statement indicating the client has received the required information.
(5) A veterinarian practicing veterinary telemedicine may order, prescribe, or make available medicinal drugs or drugs as defined in chapter 465. Controlled substances require a physical exam.
An employee, an agent, or a contractor of a county or municipal animal control authority acting under the indirect supervision of a veterinarian may vaccinate impounded dogs, cats, and ferrets that will be transferred, rescued, fostered, adopted, or reclaimed by the owner. The supervising veterinarian assumes responsibility for any person vaccinating animals at the veterinarian’s direction or under his or her supervision.
Adopted Rules
The following regulations were filed 5/3/23 and become effective 5/23/23. See issue 49/51.
61G18-12.009 Renewal Fee for Inactive Status License
61G18-12.009 Renewal Fee for Inactive Status License.
The fee for renewal of an inactive license shall be fifty dollars ($50.00).
Rulemaking Authority 474.206 FS. Law Implemented 455.271(3), 474.2065 FS. History–New 3-1-84, Formerly 21X-12.09, 21X-12.009, Amended 1-5-95, 4-25-00, 12-16-03, 5-23-23.
61G18-18.001 The Board proposes a rule amendment that updates the requirements of the retention periods for medical records of deceased veterinarians.
61G18-18.001 Medical Records of Deceased Veterinarian, Retention, Time Limitations.
(1) The executor, administrator, personal representative or survivor of a deceased veterinarian licensed pursuant to chapter 474, F.S., shall retain medical records in existence upon the death of the veterinarian concerning any patient of the veterinarian for at least a period of two (2) years from the date of the death of the veterinarian.
(2) Within one (1) month from the date of death of the veterinarian, the executor, administrator, personal representative or survivor of the deceased veterinarian shall do one of the following:
(a) Cause to be published in the newspaper of greatest general circulation in the county where the veterinarian resided or practiced, a notice indicating to the owners of the patients of the deceased veterinarian, that the veterinarian’s medical records are available to the owners of the patients or their duly constituted representative from a specific person at a certain location. At the conclusion of a twenty-two (22) month period of time from the date of the veterinarian’s death, or thereafter, the executor, administrator, personal representative, or survivor shall cause to be published once during each week for four (4) consecutive weeks, in the newspaper of greatest general circulation in the county where the veterinarian resided, a notice indicating to the owners of the patients of the deceased veterinarian that the veterinarian’s medical records will be disposed of or destroyed one (1) month or later from the last day of the fourth week of publication of notice.
(b) Send electronic notifications, either mail or text, to all clients that have been seen within the last 3 years a notice indicating to the owners of the patients of the deceased veterinarian, that the veterinarian’s medical records are available to the owners of the patients or their duly constituted representative from a specific person at a certain location and that the veterinarian’s medical records will be disposed of or destroyed in 2 years.
(c) Maintain the existing practice website for a period of 2 years posting a notice indicating to the owners of the patients of the deceased veterinarian, that the veterinarian’s medical records are available to the owners of the patients or their duly constituted representative from a specific person at a certain location and that the veterinarian’s medical records will be disposed of or destroyed in 2 years.
Rulemaking Authority 474.206, 455.242 FS. Law Implemented 455.242 FS. History–New 9-15-80, Formerly 21X-18.01, Amended 7-26-90, Formerly 21X-18.001, Amended 7-4-95, 12-30-97, 7-29-99, 5-23-23.
61G18-18.0015 The Board proposes a rule amendment that updates the requirements regarding the retention timeframes for the availability of medical records to clients from a licensed veterinarian or entity who terminates or relocates practices practice.
61G18-18.0015 Medical Records; Relocating or Terminating Practice; Retention and Disposition.
(1) Every veterinarian or entity licensed pursuant to chapter 474, F.S., who terminates practice or relocates practice and is no longer available to patients or clients, shall retain medical records pertaining to patients for at least a period of 3 years after the date of last entry.
(2) No later than one month after the veterinarian or entity terminates practice or relocates practice and is no longer available to patients or clients, the veterinarian or entity shall do one of the following:
(a) Cause to be published in the newspaper of greatest general circulation in the county where the veterinarian or entity resided or practiced, a notice indicating to the owners of the patients of said veterinarian or entity that the medical records are available to the owners of the patients or their duly constituted representative from a specific person at a specific location. At the conclusion of a 3 year period of time from the date that the veterinarian or entity terminated practice or relocated practice and was no longer available to patients or clients, the veterinarian or entity shall cause to be published once during each week for 2 consecutive weeks, in the newspaper of greatest general circulation in the county where the veterinarian resided or practiced, a notice indicating to the owners of the patients of the veterinarian or entity that the medical records may be disposed of or destroyed one month or later from the last day of the 4th week of publication of notice. However, nothing herein shall be construed to require that a veterinarian or entity ever destroy the medical records; it permits destruction of records after 3 years and requires notification to clients that the records can be destroyed.
(b) Send electronic notifications, either email or text, to all clients that have been seen within the last 3 years a notice indicating to the owners of the patients of the veterinarian or terminated or relocated practice, that the veterinarian’s medical records are available to the owners of the patients or their duly constituted representative from a specific person at a certain location and that the veterinarian’s medical reocrds will be disposed of or destroyed in 2 years.
Rulemaking Authority 474.206, 455.242 FS. Law Implemented 455.242 FS. History–New 11-1-88, Formerly 21X-18.0015, Amended 7-4-95, 5-23-23.
Hawaii
State Board
HI HB972 expands the Animal Industry Special Fund to include revenue from fees for diagnostic, surveillance, and other work by the Animal Industry Division Veterinary Laboratory and Animal Disease Control Branch; money can be used for laboratory improvements.
Illinois
State Board
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.
Kentucky
Euthanasia Technicians
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.
Louisiana
Veterinary
LA HB617 establishes the Life Sciences Investment Tax Credit Program which consists of a Life Sciences Investment Tax Credit. “Life sciences” means advanced and applied sciences that expand the understanding of human physiology and have the potential to lead to medical advances or therapeutic applications and is specifically limited to agricultural biotechnology, biogenerics, bioinformatics, biomedical engineering, biopharmaceuticals, biotechnology, chemical synthesis, chemistry technology, diagnostics, genomics, image analysis, marine biology, marine technology, medical devices, nanotechnology, natural product pharmaceuticals, proteomics, regenerative medicine, RNA interference, stem cell research, and veterinary science.
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]
- 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.
- 05-12-2023 Occupational Licensing Review Commission (OLRC) approved continuation of promulgation process.
- 05-16-2023 First Report submitted to Senate and House Legislative Oversight Committees on Agriculture, Forestry, Aquaculture, and Rural Development.
- 05-16-2023 Notice of Intent submitted for publication in 2023 Louisiana Register, Volume 49, June edition.
- 06-20-2023 Notice of Intent published in 2023 Louisiana Register, Volume 49, June edition.
- 06-21-2023 Period starts for submission of written public comment related to this rule proposal.
- 07-11-2023 Deadline for submission of written comments to Board.*See instructions for submitting comments in Notice of Intent. Written comments will only be accepted from 6/21 to 7/11.
- 07-26-2023 Possible Public Hearing, if necessary — * 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 July 11th, 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 July 11th.
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. [Meeting Minutes – 01-19-23]
- 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.
- 03-16-2023 Summary Report submitted to Senate and House Legislative Oversight Committees on Agriculture, Forestry, Aquaculture, and Rural Development.
- 05-12-2023 Final Rule to be reviewed by OLRC at its May 12, 2023 meeting.
- 05-12-2023 OLRC approved Final Rule for continuation of promulgation process.
- TBD Submitted Insertion Order for Final Rule to the Louisiana Register.
- TBD Final Rule published in 2023 Louisiana Register, Volume 49, XXX edition – effective XX/XX/23.
Maine
Veterinary – Non-compete agreements
ME LD688 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.
Maryland
2023 Legislative Update
Updates from the 90-day Legislative Session
Over 2,000 bills were introduced over the course of the 90-day legislative session—a busy year for a legislature with over 50 new members and a brand-new gubernatorial administration. We started the session off strong, introducing ourselves to new legislators and refamiliarizing ourselves with our legislative allies from previous sessions. This effort did not go unnoticed, as many members of the House Health and Government Operations Committee were aware of our presence and requested our input on bills dealing with animal welfare and veterinary services.
SB390/HB325 – Provisions of Veterinary Services
PASSED
As introduced, SB390/HB325 would have authorized out-of-state veterinarians to practice veterinary medicine in Maryland. Once authorized, out-of-state veterinarians could perform spays/neuters, provide health examinations, complete health certificates, and administer vaccinations. As originally written, the bill would have also allowed any individual working at a veterinary hospital or animal shelter to administer a rabies vaccine. The MDVMA recognized the dangers of this bill and thus worked swiftly and diligently to ensure that this unacceptable legislation was fixed. After testifying in front of the House Health and Government Operations Committee and the Senate Energy, Education, and the Environment Committee, our concerns were heard, and we geared up to alter the bill. We advocated tirelessly to amend this legislation so veterinarians could uphold their oath to animal welfare and public health. After negotiations, the bill was amended so that the Board of Veterinary Medical Examiners could establish a process for expedited licensure of out-of-state veterinarians. The ability for out-of-state veterinarians to spay/neuter, provide health exams, and administer vaccines was struck from the bill. Additionally, registered veterinary technicians or clinical staff can administer rabies vaccines so long as the veterinary practitioner signing off on the certificate has ensured the individual administering the vaccine was appropriately trained. That individual also must be identified on the rabies vaccine certificate. The MD Board of Veterinary Examiners feels comfortable with this version, and thus, we offered our support on the amended version of SB390/HB325. This bill passed both the House and Senate and is headed to the Governor’s desk for his signature.
HB1227 – Veterinarians as Dispensers
DID NOT PASS
This bill was introduced at the request of the Maryland Department of Health to include veterinarians as ‘dispensers’ in the Prescription Drug Monitoring Program. Any veterinarian that dispensed controlled substances Schedule II-IV would have to report dispenses daily. That includes reporting ‘0’ dispenses. The Department feels that this bill is ‘closing a loophole’, as the Prescription Drug Monitoring Program calls for all controlled substances to be reported, however, veterinarians were not included. There was a lot of concern from veterinarians around the State about how this would affect their day-to-day operations. We met with people from the PDMP and MDH on several occasions in hopes of finding compromise on a bill. During the hearing, the Chairwoman of the House Health and Government Operations Committee made it clear that she wanted consensus from all stakeholders on this bill. This bill did not make it out of committee before the legislative session ended, so we are continuing to work in the interim. MDH is aware of our asks—which include a lifetime exemption for veterinarians who do not dispense any drugs and an exemption for dispenses of 3 days or less. Additionally, we are working to amend the requirement to require zero-day reporting from veterinarians. We are working hard to help ensure veterinarians in Maryland protect the health of the public by mitigating diversion of dangerous substances while ensuring that our role in doing so does not result in expensive and deleterious reporting requirements for veterinarians. MDH and the PDMP seem receptive to working with us and we will continue the dialog. This issue will not be going away and will be reintroduced in the 2024 session, and it will be critical that members offer their input on this legislation when requested.
Minnesota
State Board
MN SF1955 increases the Animal Health Board from 6 to 7 members, reduces livestock representatives by 1, increases veterinary representatives by 1, and requires gender and geographic balance to the extent practicable.
Missouri
Veterinary – Loan Repayment/Shortages
MO HB202 expands Veterinarian Student Loan Repayment Program from 6 recipients to 12 recipients, $25,000 to $30,000 per year and $80,000 to $120,000 per person, allows for donations, allows recipients to be increased if funding is available.
Montana
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 professions under the same background check requirements, including pharmacy, but does not include veterinary. Creates a temporary license for military spouses.
The Montana Board of Veterinary Medicine will be discussing SB 561 – Veterinary Dispensing Technician Implementation at its 5/23/23 meeting (8:30 am).
Join Zoom Meeting:
https://mt-gov.zoom.us/j/81276643738?pwd=QnljUkVuSHZsazlpN2ZBbTBZQjJodz09
Dial by Telephone
+1 646 558 8656 Meeting ID: 812 7664 3738 Password: 241143
The Board will be taking public comment.
New Hampshire
State Board
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.
State Boards
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. Ought to Pass motion adopted
Veterinary – Vaccinations
NH SB162 Relative to rabies vaccines exemptions: The exemption shall be valid for one year. After the initial year has expired and if the animal still qualifies for the exemption, the exemption shall be recertified by a veterinarian licensed under RSA 332-B on an annual basis. Ought to Pass motion adopted
Proposed Rules
Vet 102.01 Definitions of Terms Used
Public Hearing: Wednesday, May 17, 2023, at 9:30 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, May 30, 2023, at 4:00 PM.
Please submit comments to OPLC-Rules@oplc.nh.gov.
New Mexico
Non-Compete
NM HB452 adds veterinarians to non-compete statute.
Veterinary – Loan Repayment/Shortages
NM HB474 The Higher Education 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.
New York
Veterinary – Prescriptions
NY A06996 amends Buoy’s Law to limit its application to dogs, cats, and rabbits. The information must be provided orally or written and must be noted in the record. Delays the effective date from 180 days to 18 months.
NY A07010 requires prescription containers for opioid medications to have a red cap top and a printed warning about the risks of overdose and addiction.
Veterinary – Telemedicine
NY A06745 permits the delivery of telehealth services by veterinarians under certain conditions. Allows for the virtual establishment of a VCPR.
Veterinary Technician
NY AB503 In addition to any other requirements set forth in this chapter, an applicant for a license to practice veterinary medicine or a license as a euthanasia technician or veterinary technician that is issued pursuant to this chapter: 1. shall submit to the Board a complete set of fingerprints and written permission authorizing the board to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant; and 2. is prohibited from receiving the reports obtained pursuant to subsection 1.
Veterinary – Declaw/Ear/Tail/Devocalization
NY S00142 Surgical devocalization of a dog or cat shall be performed only by a person licensed as a veterinarian under Article 135 of the education law. b. Surgical devocalization of a dog or cat may be performed where necessary to treat or relieve a physical illness, disease, or injury or correct a congenital abnormality suffered by the animal, where such physical illness, disease, injury, or congenital abnormality is causing or may reasonably cause the animal physical pain or harm, or when determined by a veterinarian to be medically necessary to preserve the life of the animal. 3. Any veterinarian who performs a surgical devocalization procedure on a dog or cat shall document the performance of such procedure in the treatment record of the patient, including the medical necessity justifying the procedure, as defined in section sixty-seven hundred fourteen of the education law. 4. Notwithstanding subdivisions one, two and three of this section, a surgical devocalization procedure shall not be performed on a dog or cat under six months of age unless the performance of such procedure is necessary, and the only alternative is death or euthanasia.
North Carolina
Veterinary – Facilities
NC S582 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.
21 NCAC 66.0206 pg. 2047-2052
To revise continuing education requirements to allow live online interactive presentations and reduce CE hours for veterinarians to 15 hours.
Notice is hereby given in accordance with G.S. 150B-21.2 that the Veterinary Medical Board intends to amend the rule cited as 21 NCAC 66 .0206.
Link to agency website pursuant to G.S. 150B-19.1(c):
Proposed Effective Date: September 1, 2023
Includes facility permits, including discipline and revocation.
North Dakota
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.
Oklahoma
State Boards
OK HB2863 Creates the Oklahoma State University Veterinary Medicine Authority. Charged with the mission of supporting the veterinary medicine education programs of the Oklahoma State University College of Veterinary Medicine, entering into academic affiliation agreements in support of Oklahoma State University veterinarian training programs, operating or leasing the operations of the teaching animal hospital or hospitals for the benefit of the Oklahoma State University College of Veterinary Medicine and providing care for the animal patients of Oklahoma State University veterinarian trainers.
Ontario
Council Meeting: March 22 & 23, 2023 Minutes
“Informed Client Consent: At its March meeting, the College Council discussed the professional practice standard on informed client consent, initially published in October 2014. Council had a robust discussion on informed client consent and provided input on the future direction for the policy standard. Informed client consent is one of the pillars of clinical veterinary practice. The public expects veterinarians to help them understand the veterinary services that are being recommended so they can make informed decisions for their animals. A draft of the revised standard will return to Council later this year. A replay of Council’s discussion on informed client consent is now available on the College website.
Veterinary Dentistry: During discussion on the new facility accreditation standards at a previous meeting, Council considered whether radiography equipment is necessary for facilities offering dentistry. That prompted Council to revisit its standard on veterinary dentistry at the March meeting. A replay of Council’s discussion on veterinary dentistry is now available on the College website.
After Hours Care: Council received an informative presentation on after-hours care services. Council then supported establishment of the task force to study how after hours veterinary services are delivered and explore options for meeting the public’s expectations. The task force will include veterinarians and veterinary technicians from a variety of practice settings as well as representatives from the College Council, the Ontario Veterinary Medical Association and the Ontario Association of Veterinary Technicians. Council looks forward to reviewing the issues identified by the task force and their potential solutions next year. A replay of Council’s discussion on after-hours care services is now available on the College website.”
Oregon
State Board
OR HB5023 $1,598,764 is established for the biennium beginning July 1, 2023, as the maximum limit for payment of expenses from fees, moneys, or other revenues, including miscellaneous receipts, but excluding lottery funds and federal funds, collected or received by the Oregon State Veterinary Medical Examining Board.
May: OAR 875-010-0026 Intern, Active and Inactive licenses
Filed 4/18/23
Hearing DATE: 06/14/2023
TIME: 9:00 AM – 10:00 AM
OAR 875 is in conflict with ORS 686 and needs to be amended to match the statute. ORS 686 allows a veterinarian who is not licensed in this state to practice veterinary medicine in Oregon for up to 30 days. OAR 875 states that a person holding an Inactive license may not practice veterinary medicine in the state of Oregon. The proposed rule change will amend OAR 875 to indicate that a person holding an inactive license may practice veterinary medicine in Oregon for up to 30 days. This will correct the rule to correspond with the statute.
OAR 875 and ORS 686 available on the Secretary of State Website: https://secure.sos.state.or.us/oard/displayChapterRules.action?selectedChapter=875
AMEND: 875-010-0026
RULE SUMMARY: Amendment to ensure that OAR 875 corresponds with ORS 686. ORS 686 allows a veterinarian to practice veterinary medicine in Oregon for up to 30 days without an Oregon license. OAR 875 is in conflict with the statute because the rule prohibits an inactive licensee from practicing veterinary medicine in Oregon. This amendment will amend OAR 875 to correspond with ORS 686 by allowing an inactive Veterinary Licensee to practice veterinary medicine in Oregon for up to 30 days.
CHANGES TO RULE:
875-010-0026
Intern, Active and Inactive Licenses
Upon approval of all required application materials, the applicant may then apply for an intern or active license to practice veterinary medicine in Oregon. License activation forms are available from the Board office or on its website.
(1) The intern or active license fee shall be $150 annually.
(2) If the applicant has satisfactorily completed one year’s experience in the United States or its territories or provinces, an active veterinary license will be issued and will expire on the next following December 31st. Licensee shall renew the license according to OAR 875-010-0065.
(3) If applicant has less than one year’s experience, an Intern Permit (intern license) will be issued. The intern license will expire following the total number of days necessary to complete one year’s practice experience, under supervision of an Oregon licensed veterinarian, pursuant to ORS 686.085 and OAR 875-010-0050:
(a) Upon completion of the internship, the intern may apply for an active license, pursuant to OAR 875-010-0065. Late fees up to $150 will apply for each month the application is late if the intern has continued to practice veterinary medicine in Oregon after expiration of the intern license;
(b) The supervising veterinarian shall complete an experience verification form attesting that the intern has satisfactorily completed the internship and the intern shall submit this form with the application for an active license.
(4) An inactive license may be issued to any applicant who does not meet Continuing Education requirements. Inactive licensees shall not may practice veterinary medicine in Oregon for up to 30 days. The inactive license fee shall be $100 annually.
Statutory/Other Authority: ORS 686.210
Statutes/Other Implemented: ORS 686.095, 686.255
Rhode Island
General – Labor
RI H6344 This act would mandate that the workweek be reduced to thirty-two (32) hours. The rate of pay for a thirty-two (32) hour workweek would remain the same as the rate of pay for forty (40) hours. Work in excess of thirty-two (32) hours in any one workweek would qualify for overtime pay. This act would not apply to employers with less than five hundred (500) employees. This act would further provide that any obligation of an employer to comply with any contract, collective bargaining agreement, or employment benefit plan would not change. This act would take effect upon passage.
South Dakota
Veterinary Technician
SD SB142 – prohibits certain persons from using the title veterinary technician.
Texas
Veterinary – X-ray/Radiation
TX HB3236 stipulates that one representative on the Radiation Advisory Board be licensed by the State Board of Veterinary Medical Examiners.
Agriculture
TX HB3257 Except as provided, information held by the Animal Health Commission is confidential and excepted from disclosure under Chapter 552, Government Code, if the information consists of or relates to a biosecurity plan, a secure food supply plan, an emergency preparedness plan, or biosecurity data that was voluntarily provided to the commission by an owner or caretaker of an animal. See exceptions.
Shelter
TX HB3439 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 50 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). Amended to add a record-keeping and inspection requirement.
State Boards
TX HB4123 allows the Veterinary Medical Board to obtain background checks for an applicant after that applicant is employed or, for an applicant who is not employed, after the check of the criminal history record information on that employee or contractor is completed. Texas criminal history record information obtained by the state Texas Board of Veterinary Medical Examiners under subsection (a) may not be released or disclosed to any person except on court order, with the written consent of the person or entity that is the subject of the criminal history record information, or as provided by subsection (e). After an individual is licensed or certified, the Texas Board of Veterinary Medical Examiners shall destroy the criminal history record information that relates to that individual.
TX SB1592 For seats on the Radiation Board: clarifies that the representative from agriculture must be licensed by the Veterinary Board.
TX HB1850 stipulates that the presiding member of the Veterinary Board must be a veterinarian.
Veterinary
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 – 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.
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 HB2026 Amended to give a preference to residents of the state or graduating from a state high school or college. Removes the requirement to attend an in-state program. Appears this would expand eligibility instead of restricting it from those attending out-of-state programs.
Pet Care Services
TX HB2063 – A kennel owner or operator who is boarding or providing services to a dog or cat at the kennel may not leave the dog or cat unattended without an employee present unless: (1) the kennel owner or operator provides written notice to the owner of the dog or cat that the dog or cat will be left unattended at the kennel without an employee present during the hours specified in the notice; and (2) the owner of the dog or cat provides to the kennel owner or operator a signed document consenting to the dog or cat being left unattended as provided in the notice. Signed in Senate
Utah
R58-28 Veterinarian Education Loan Repayment Program
H.B. 184, Veterinarian Education Loan Repayment Program, passed during the 2023 General Session, creates a program under which the Department of Agriculture and Food (Department) can work with qualified veterinarians to register intent and then after five years of service, repay a portion of their educational loan balances. The bill gives the Department authority in Subsection 4-2- 902(5) to write rules to administer the program.
This new rule sets the guidelines for the Department’s newly created Veterinarian Education Loan repayment program, including definitions, the process under which veterinarians register intent to participate in the program, and the process under which the Department will make payments of up to $100,000 towards educational loan balances following five years of qualified veterinary service, consistent with the requirements set forth in statute.
Rule may become effective: 6/21/23 – NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.
Virginia
VeterinaryVeterinary – Declaw/Ear/Tail/Devocalization
VA HB1382 bans declawing.
Veterinary – Telemedicine
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, and 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, and 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.
Veterinary Technician
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.
Washington
Rule Making Order CR-103P was filed with the Office of the Code Reviser on May 3, 2023, as WSR 23-11-002. (Proposed rule)
The adopted rules authorize animal care and control agencies and nonprofit humane societies to provide full veterinary service to low-income households in accordance with Substitute Senate Bill (SSB) 5004 (chapter 142, Laws of 2019), which expanded the services that entities may provide to low-income households. The rule identifies the types of records an entity may require from clients as documentation of proof of low income, explains retention, and sets a requirement to report upon request an annual reporting requirement to provide clearer and more enforceable standards for these veterinary services.
The rule will become effective on June 3, 2023.
The board is working on developing an online reporting form and will reach out to registered animal shelters once the draft reporting form and requirements are ready to share.
Any person may petition the amendment of these rules in accordance with RCW 34.05.330.
West Virginia
Pharmacy
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.
Veterinary – Prescriptions
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 checkboxes. The first box is to be labeled “Continue all other medications.” The label for the 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.
WV HB2342 When any person licensed under this chapter writes or issues a prescription for medication to be self-administered by a client or patient, the person shall indicate the purpose for the medication in a brief statement in simple words, such as “for pain,” “for heart care,” or “for blood pressure. Every pharmacy registered in this state shall ensure that the purpose for a medication, as specified by the prescriber, shall appear on the label issued with that medication in large, easy-to-read lettering.
Veterinary Technician
WV HB2995 – Replaces technician with nurse and adopts fresh start language.