April 2022 Updates by Jurisdiction
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 April 2022 Conventional Report sorts the same reported items by activity and topic.
Updates by Jurisdiction
AL SB106 appropriates $750,711 for the Veterinary Medical Examiners.
State Veterinary Board Issues
AL HB528 increases the veterinary board stipend from $200 per day to $600 per day
AK SB223 (a) Notwithstanding AS 03.05.010(a)(2), a record that includes information about an animal that is maintained by the Department of Environmental Conservation to carry out the requirements of this chapter, including a record of the sale, movement, unique identification number, or owner of an animal, is confidential and not subject to disclosure under AS 40.25.100 – 40.25.295 (Alaska Public Records Act) if the record (1) identifies a particular animal, breed of animal, business, or individual; (2) contains test results, or a record of test samples, for a particular animal; or (3) contains trade secrets or proprietary business or financial information. (b) Notwithstanding (a) of this section, the Department of Environmental Conservation may disclose information from a record subject to this section to a state, federal, or local government or government agency, if the department determines that a threat to the health or safety of an animal or to the public exists and that disclosure of the information is necessary to address the threat. (c) If the Department of Environmental Conservation discloses information under (b) of this section, the department shall, upon request, disclose the information to the public, except for information that identifies a particular person or animal.
AZ HB2612 removes “good moral character” from veterinarian and veterinary technician applicant qualifications. Updates language and doesn’t comply with Fresh Start.
The Board voted to approve continuing education credit, 12 hours for veterinarians, 6 hours for CVTs, for the San Diego Veterinary Medical Association’s “Ophthalmology for the GP” conference, and “Exploring Endocrine, HI and Hematology” Seminar on April 23 and 24, 2022.
CA AB2606 bans declawing. (4/26)
Non-Economic Damages Related
CA AB1881 states that (a) Dogs and cats have the right to be respected as sentient beings that experience complex feelings that are common among living animals while being unique to each individual animal…(g) Ownership or guardianship of a companion animal requires an investment of time and resources. Selecting a companion animal that is suited to one’s home and lifestyle will lead to a more rewarding relationship between guardian and animal while reducing relinquished or abandoned animals in our communities. (h) Dogs and cats thrive with regular enrichment to maintain their physical and emotional well-being… (a) Dogs and cats have the right to be free from exploitation, cruelty, neglect, and abuse. (b) Dogs and cats have the right to a life of comfort, free of fear and anxiety. (c) Dogs and cats have the right to daily mental stimulation and appropriate exercise. (d) Dogs and cats have the right to nutritious food, sanitary water, and shelter in an appropriate and safe environment. (e) Dogs and cats have the right to preventive and therapeutic health care. (f) Dogs and cats have the right to be properly identified through tags, microchips, or other humane means. (g) Dogs and cats have the right to be spayed and neutered to prevent unwanted litters. (4/26)
CA SB1029 creates the One Health Program and requires the State Department of Public Health and the Department of Food and Agriculture to jointly establish and administer the One Health Program for the purpose of developing a framework for interagency coordination in responding to zoonotic diseases and reducing hazards to human and nonhuman animal health, in accordance with the One Health principles set forth by the federal Centers for Disease Control and Prevention. (4/28)
Research – Product Testing
CA SB879 bans toxicological experiments on cats and dogs for pesticides and food additives. (4/18)
Veterinary – Cannabis
CA AB1885 requires the Veterinary Board to adopt guidelines by 01/01/24, or veterinarians to follow when recommending cannabis within the veterinarian-client-patient relationship, and would require the board to post the guidelines on its internet website. (4/26)
Veterinary – Immunity
LA HB842 provides liability for veterinary professionals for the reporting of animal cruelty. (Amended 4/14)
The Board has the following slated on their April meeting agenda:
Update, Discussion, and Possible Action on 2021/2022 Legislation Impacting the Board, DCA, and/or the Veterinary Profession
- Priority Legislation for Board Consideration
- Assembly Bill (AB) 1662 (Gipson, 2022) Licensing boards: disqualification from licensure: criminal conviction
- AB 1885 (Kalra, 2022) Cannabis and cannabis products: animals: veterinary medicine
- AB 2606 (Carrillo, 2022) Cats: declawing procedures: prohibition
- Senate Bill (SB) 1031 (Ochoa Bogh, 2022) Healing arts boards: inactive license fees
- SB 1495 (Committee on Business, Professions and Economic Development, 2022) Professions and vocations
Other Board-Monitored Legislation
- AB 225 (Gray, 2021) Department of Consumer Affairs: boards: veterans: military spouses: licenses
- AB 1604 (Holden, 2022) The Upward Mobility Act of 2022: boards and commissions: civil service: examinations: classifications
- AB 1733 (Quirk, 2022) State bodies: open meetings
- AB 1795 (Fong, 2022) Open meetings: remote participation
- AB 1881 (Santiago, 2022) Animal welfare: Dog and Cat Bill of Rights
- AB 2055 (Low, 2022) Controlled substances: CURES database
- AB 2104 (Flora, 2022) Professions and vocations
- AB 2642 (Mayes, 2022) Department of Consumer Affairs: director: powers and duties
- AB 2948 (Cooper, 2022) Consumer protection: Department of Consumer Affairs: complaints
- SB 1237 (Newman, 2022) Licenses: military service
- SB 1310 (Leyva, 2022) Professions and vocations: consumer complaints
- SB 1365 (Jones, 2022) Licensing boards: procedures
CURES Optimization, New Requirements for Delegates, and First Login On/After April 11, 2022
The California Department of Justice (DOJ) will release the optimized Controlled Substance Utilization Review and Evaluation System (CURES) on April 11, 2022. Please refer to the DOJ guidance document “New Optimized Cures Being Released On 4/11/2022” for important information on new features of the optimized CURES, supported web browsers, and planned system downtime from Friday, April 8, 2022, at 5:00 PM, through Monday, April 11, 2022, at 8:00 AM.
In addition, CURES optimization will provide expanded Delegate functionality, through which Delegates will be authorized to directly access data in CURES. Practitioners currently utilizing a Delegate must enter into a new Delegate Agreement in order for their Delegate to have continued access to CURES beginning April 11, 2022. New Delegates may also be added via Delegate Agreement. For information about the Delegate access, please refer to the DOJ guidance document “New Features and Requirements for Expanded Delegate Access.”
As part of the transition to optimized CURES, beginning on April 11, 2022, users will need to complete a few simple steps the first time they log into the system. For more information, please refer to the DOJ guidance document “First Time Login to the New Optimized CURES.”
If you have any questions about optimized CURES, Delegate Access, or browser accessibility, contact the CURES Program at firstname.lastname@example.org or (916) 210-3187.
CO SB027 Requires each licensed healthcare practitioner to query the prescription drug monitoring program prior to filling a prescription for every opioid or benzodiazepine instead of every second fill. Stipulates that only licensed practitioners with a DEA registration must register. Vets are still not required to query, voluntary only. (4/27)
(04/10) Emergency Rule Adopted: exp. Date 06/29/22
4 CCR 727-1 Veterinary Medicine Rules and Regulations: https://www.sos.state.co.us/CCR/Upload/AGORequestEmergency/AdoptedRules02022-00134.doc
Expanded Scope of Practice. Veterinarians may perform services while working in a hospital or inpatient facility as delegated by physicians, physician assistants, advanced practice registered nurses, certified registered nurse anesthetists, professional nurses, and respiratory therapists.
- Veterinarians are authorized to perform delegated services upon adequate cross-training as determined necessary by the hospital or inpatient facility.
- Veterinarians shall not accept delegation of a service for which the licensee does not possess the knowledge, skill, or training to perform.
- Veterinarians shall not perform a delegated service for which the licensee does not possess the knowledge, skill, or training to perform.
- Delegated services shall not be re-delegated to another person or licensee by the delegatee.
- Veterinarians shall not prescribe or select medications, perform surgical or other invasive procedures or perform anesthesia services outside of the statutory scope of practice regardless of delegation.
Expanded Scope of Practice To Administer the COVID-19 Vaccination.
- Veterinarians may administer the COVID-19 vaccination while working in a hospital, inpatient facility, or outpatient setting as delegated by physicians, physician assistants, advanced practice registered nurses, certified registered nurse anesthetists, or professional nurses.
- Veterinarians are authorized to perform this delegated service upon adequate cross-training as determined necessary by the hospital, inpatient facility, or outpatient setting.
- Veterinarians shall not accept delegation of this service if the licensee does not possess the knowledge, skill, or training to perform.
- Veterinarians shall not perform this delegated service if the licensee does not possess the knowledge, skill, or training to perform.
- This delegated service shall not be re-delegated to another person or licensee by the delegatee.
- Veterinarians shall not prescribe, order, or select the COVID-19 vaccination regardless of delegation.
ColoVMA Legislative Watch
What is the Colorado Veterinary Practice Act bill (HB 22-1235)?
Every regulated profession in Colorado has a practice act that establishes a regulatory body that oversees the process by which professionals are licensed or regulated. The Colorado Veterinary Practice Act can be changed in two ways: 1. At any time during the regular annual legislative session by lawmakers. 2. Once every approximately 10-15 years during a scheduled sunset review process.
As a critical stakeholder in the review of the Colorado Veterinary Practice Act, CVMA has invested over 500 staff and volunteer hours analyzing the practice act and collaborating with other key stakeholders.
HB 22-1235 is the bill that addresses the renewal of the Colorado Veterinary Practice Act. The bill was introduced in the Colorado House of Representatives in January 2022 and is currently moving through the legislative process. News about the bill can be viewed in the “Latest Updates” section listed below.
Current status: Passed second reading in the House of Representatives on April 8 and third reading in the House of Representatives on April 11.
What’s included in HB 22-1235
While the bill has not been passed by legislators or signed into law by the governor, these are the key changes included in HB 22-1235 as it currently stands.
- Continues the veterinary practice act for 11 more years until 2033.
- Establishes regulation of veterinary technicians (this amendment was proposed jointly by CVMA and CACVT):
- Adds a definition of a veterinary professional as a licensed veterinarian or a registered veterinary technician
- Revises the Veterinary Peer Health Assistance Program section to include veterinary technicians and reorganizes it to improve understanding
- Expands the administration of rabies vaccines:
- Allows administration of rabies vaccine under supervision of a licensed veterinarian
- Amends public health statute 25-4-607 to allow veterinarians to delegate under indirect supervision the administration of rabies vaccinations in a public health emergency situation
- Expands continuing education requirements for license renewal:
- Allows veterinarians to receive up to 16 hours of credit toward relicensing for continuing education on topics such as client communication, management, leadership, wellbeing, and developing a highly function veterinary workforce
- Requires two hours of jurisprudence CE on the veterinary practice act per license renewal period
- Requires veterinarians to create a written plan for the storage, security, and disposal of patient records.
- Permits the state veterinary board to require a physical examination of a licensed veterinarian if there is reasonable cause to believe the veterinarian is unable to practice with reasonable skill and safety (Note: This provision exists in other practice acts such as the Dentist and Dental Hygienists Practice Act, Medical Practice Act, Nurses and Nurse Aides Practice Act, and Pharmacists Practice Act)
- Repeals the requirement that the state veterinary board send a letter of admonition by certified mail.
- Cleans up vague or conflicting language related to supervision:
- Defines indirect supervision
- Resolves conflicting language among 12-315-105 (b) and (k) and 12-315-116 regarding duties delegated to veterinary students under direct supervision
- Clarifies the requirements concerning confidential agreements
Why veterinarians should care about HB 22-1235
HB 22-1235 will impact how veterinarians practice veterinary medicine in Colorado. As the number one advocate for veterinarians in Colorado, CVMA is highly attuned to legislative and regulatory issues in Colorado that have the potential to impact veterinarians and veterinary medicine. Every practitioner will be impacted by any changes to the Colorado Veterinary Practice Act since it sets laws that govern the practice of veterinary medicine in Colorado.
The practice act only undergoes a review every 10-15 years…so this is a very important time for veterinary medicine in Colorado.
The D.C Academy of Veterinary Medicine hopes to begin meeting in person at the Elks Lodge beginning September 1, 2022. A decision will be made in the Summer of 2022 about in-person meetings. If we do begin meeting in person at the Elks Lodge in September 2022, there will be no remote sites, however, individual members will continue to have access to the live seminars via our webcasts.
URGENT: DC Academy Board Volunteers Needed
It’s that time of year when we need volunteers to step up for positions on the 2022-2023 DC Academy Board of Directors. The position needed to be filled is Vice President (a position that ascends to President and is a six-year commitment. If you are interested in this position, please contact Larry Koffer or any current board member. Remember, the DC Academy exists only through the efforts and input from its membership.
MAY 5, 2022, Small Animal Surgery Seminar
Dr. Dominique Sawyere will be presenting on surgery on Thursday, May 5. As this is our usual VMCVM alumni seminar day, any alumni from VMCVM may participate in this seminar at no charge, regardless of DC Academy membership. If you are an alum of VMCVM, please let your classmates know that they can participate in this seminar. Non-members must pre-register in advance of the seminar using our single seminar registration form.
DE SB258 defines “compensatory damages” and sets a total cap of $30,000, $15,000 for veterinary care, $15,000 for emotional loss. There is no veterinary exemption.
Veterinary – Vaccinations
DE SB228 adds cats and ferrets to rabies vaccine requirements, allows veterinary technicians to administer. (Amended 4/11)
Annual Legislative Reception
DVMA hosts an annual Legislative Reception exclusively for its members and members of the General Assembly. This year’s event will be held at Frazier’s Restaurant on Wednesday, May 11, 2022, 5:00-7:00 pm. There is no cost for DVMA members and members of the General Assembly and their staff to attend. CLICK HERE to register now!
HI HB2061 adds revenues from fees for diagnostic, surveillance, and other work by the animal industry division veterinary laboratory and animal disease control branch, to the Animal industry special fund.
Veterinary – Telemedicine
HI HB1598 Allows for telemedicine. Defines telemedicine, teleadvice, teleconsulting, telesupervising, teletriage, and VCPR. Appears it would require a physical exam based on the definition of telemedicine. Only a board-licensed veterinarian may provide telemedicine to a patient located in the State.
Creates a courtesy and relief permit for veterinarians. Both require a sponsor, the relief sponsor does not need to be in Hawaii. Courtesy is valid for 60 days; the relief for 30 but can be renewed once for 60 day total. The sponsor must notify the board. Other requirements.
Adopted amendment amends the VCPR definition to state:
“ ‘Veterinarian-client-patient relationship’ means a relationship that exists when:
- The veterinarian and client agree for the veterinarian to assume responsibility for making medical judgments regarding the health of the animal patient;
- The veterinarian has sufficient knowledge of the animal patient to initiate a general or preliminary diagnosis of the medical condition of the animal patient, which means that the veterinarian is personally acquainted with the keeping and care of the animal patient and has recently physically examined the animal or made timely and medically appropriate visits to the premises where the animal patient is kept;
- The veterinarian is readily available or provides for follow-up care and treatment in case of adverse reactions or failure of the therapy regimen; and
- The veterinarian maintains records that document animal patient visits, consultations, diagnosis and treatment, and other relevant information required under this chapter.”
(04/13) Intent to Adopt: Title 345 Indiana State Board of Animal Health
Type: NI Posted: 04/13/2022 LSA Doc #22-127 Title 345
Veterinarian – Loan Programs/Shortages
IA HF2575 appropriates for purposes of the rural veterinarian loan repayment program established pursuant to section 261.120: $ 700,000
Live bird exhibitions canceled due to highly pathogenic avian influenza
IDALS announced an order canceling all live bird exhibitions at fairs and other gatherings of birds due to highly pathogenic avian influenza (HPAI). The order also prohibits live birds from being sold or transferred at livestock auction markets, swap meets, and exotic sales. Possible cases should also be reported to the Iowa Dept. of Agriculture at (515) 281-5305. For updates on this developing situation visit: https://iowaagriculture.gov/news
KS HB1340 requires each state committee that has adopted rules to submit a report to the Joint Committee on Administrative Rules and Regulations.
Veterinary – Loan Programs
KS HB2605 Changes the eligibility for the rural vet training program from a population not exceeding 35,000 to 40,000 or a registered veterinary premises under a licensed veterinarian if food animal patients make up at least 50% of such veterinarian’s practice. Stipulates that the agreement remains in effect if the county no longer meets the population criteria after the agreement began.
KS SB444 increases veterinary examiners fee fund of the state board of veterinary examiners is hereby increased from $335,971 to $339,745 for fiscal year ending in June 2022. Increases veterinary examiners fee fund of the state board of veterinary examiners is hereby increased from $336,109 to $341,531. for fiscal year ending in June 2023.
The Board discussed HB 2532 changes from the KVTA and KVMA. Dr. Snyder made a motion to make the following changes to HB 2532 along with an amendment to increase continuing education clock hours from 8 to10 per year for registered veterinary technicians on page 10(b), Section 5. Dr. Ritter seconded the motion. The motion passed on a voice vote with no dissenting votes.
- The “practice of veterinary medicine” includes prescribing, dispensing or the administration of..” in the definitions section on page 2 (k) (1) in Section 1.
- Add “the practice of veterinary medicine” to the end of this sentence. Section 6 page 14 (5)(p).
- Add “after written notice to reasonable attempted to be given to the owner of the owner’s agent at such person’s last known address”. Strikeout the part of the same sentence “by registered of certified mail, return receipt requested. Section 8 page 14 (a).
- Strike out all locations of the definition and use of “probable cause committee” Section 1 and Section 11 and replace with “the board” in section 11.
- Strike out, “on a companion animal” in section 7, page 14 (e) and (f).
- Strike out, “operating and managing veterinarian” in section 9 and replace it with the original language in the practice act. Dr. Olson announced two bills the Board should be familiar with. HB 2605 is a new bill requested for introduction from the KVMA. It provides funds to veterinary students working in underserved areas in Kansas.
The Board of Pharmacy has introduced HB 2253. The KTRAC system for pharmacists and human professionals has a recommendation and a bill in place for veterinarians that go to human pharmacies with prescriptions. The tracking system will be able to track human pharmaceutical uses from animal pharmaceutical uses.
State Veterinary Board Issues
KY HB271 The state veterinarian shall be an agent of the board, shall enforce the administrative regulations of the board “pertaining to livestock, poultry, and fish” and, under the direction of the board, shall supervise and control the action of all deputies, inspectors, agents, and specialists within the office of the state veterinarian. he or she shall devote his or her entire time to the duties of the office. he or she shall recommend from time to time such changes in the administrative regulations of the board, as he or she deems necessary, and do all other things necessary and proper for the successful enforcement of this chapter.
Policy, Procedure, and Rules
Rule Proposal – NAVLE/VTNE Requirement & Waiver for DVMs/RVTs
The board formally approved a draft of a proposed Rule change presented by general counsel. Gist: Section 303 will be amended to allow the Board greater discretion in determining whether an out of state applicant whose NAVLE’s scores are older than 5 years has worked full time (32 hrs average) in a private practice or its equivalent in the 5 years preceding the application so that a waiver of the retake of the NAVLE may be given. The full-time requirement of 32 hrs/week was retained, but modified so that the pre-application employment averages 32 hrs/week. The requirement that the period of work before application be for 5 years is modified so that continuous employment is not required. The Board will have discretion to examine the period of employment to determine if it has been “without substantial interruption”. The Rulemaking protocol required by law will be initiated. A motion was made by Dr. Marullo, seconded by Dr. Findley, to approve the filing of the rule changes as given. Motion passed unanimously by voice vote.
Rule Proposal – State Board Exam Requirement for RVT Apps
The Board approved a proposed draft of an amendment to Rule 803 concerning the examinations required of RVT applicants. The requirements that an applicant pass both the national (VTNE) examination and a state practical examination to obtain certification will be amended to delete reference to a state practical examination. Instead, the Board will prepare a state board examination which may be administered by the Board or a third party. The number of questions and pass point will be provided by this amendment for the state board examination. The requirement that both the national exam and the state board exam be passed within a period of 3 years, failing which the passing score of one lapses. The Rule amendment will also provide for a waiver of the requirement of the retaking of the VTNE for out of state applicants whose passing scores are older than 3 years where the applicant has been a licensed RVT (or its equivalent) in another state and has been employed at least 32 hours per week on average for the 3 years preceding the application in a private practice or its equivalent continuously and without substantial interruption. The Rulemaking protocol required by law will be initiated. Motion was made by Dr. Cataldo, seconded by Dr. Marullo, to approve the filing of the rule changes as given. Motion passed unanimously by voice vote.
Rule Proposal Schedule (04/13)
2022-D - Preceptorship Requirements for DVM Licensure – Discussion on preceptorship requirements for applicants for DVM Licensure.
08-04-2022 – Current statutes and rules regarding preceptorship requirement for DVM Licensure to be discussed by Board. [Source: Meeting Agenda – 08-04-22; will be published one week before meeting date]
2022-C - Applicant Requirements for DVM Faculty Licensure – Discussion on state jurisprudence exam requirement for applicants for DVM Faculty Licensure along with associated exam fee. Current Rules require all licensees to successfully pass the state jurisprudence exam. Additional discussion is relative to a possible increase in application and renewal fees for DVM Faculty Licenses.
06-02-2022 – Possible rule amendments to be discussed by Board. [Source: Meeting Agenda – 06-02-22; will be published one week before meeting date]
2022-B - License for Military & Spouses – LA R.S. 37: §3651 requires occupational licensing boards to amend rules related to active military licensure applicants and their spouses.
02-04-2021 - Board discussed additional requirements to the rules; Legal Counsel will present rule amendments at a later date for Board vote. [Source: Meeting Minutes – 02-04-21]
04-07-2022 - Legal Counsel instructed to draft proposed amendments to be presented to Board at its 06-02-22 meeting. [Source: Meeting Minutes – 04-08-22 – not yet ratified/published]
06-02-2022 – Amendments are being presented to Board for a vote. [Source: Meeting Agenda – 06-02-22; will be published one week before meeting date]
ME LD1885 amends the Maine Veterinary Medicine Loan Program in the following ways. 1. It amends the definition of “insufficient veterinary services” to include an insufficient number of practitioners of emergency and critical care services. 2. It adds the option for veterinary students to qualify for the program by demonstrating an interest in working in underserved geographic regions of the State, as determined by the Commissioner of Agriculture, Conservation and Forestry by rule. 3. It increases the maximum number of annual loan awards from 2 to 10. 4. It increases the maximum loan amount from $25,000 to $50,000 per year for a period of up to 4 years.
Veterinary – Reciprocity
ME LD2035 gives the board discretion for granting reciprocity.
MD HB965 increases the cap for tortious death of a pet, not including livestock, from $10,000 to $25,000.
MD HB965 increases the cap for tortious death of a pet, not including livestock, from $10,000 to $25,000.
Merck Animal Health’s Comprehensive Veterinary Wellbeing Study
Merck Animal Health released findings of its third comprehensive veterinary wellbeing study in partnership with the American Veterinary Medical Association (AVMA) examining the well-being and mental health of U.S. veterinarians. Conducted in the fall of 2021, it is the first since the COVID-19 pandemic began with a goal to examine and bring critical awareness to the challenges impacting the veterinary profession while highlighting the impact the pandemic has had on practitioners and staff. For the first time, the study includes responses from veterinary technicians and support staff and their perspectives on the challenges they are currently facing at work.
MA S2780 In the event that a practitioner issues a prescription to a patient for an opioid contained in Schedule II of section 3, the practitioner shall also offer a prescription for an opioid antagonist if one of the following conditions is present: (i) the patient is prescribed an opioid which individually or in aggregate with other medications is more than equal to 90 morphine milligram equivalents per day; (ii) the patient is prescribed any dose of an opioid when a benzodiazepine has been prescribed in the past 30 days or will be prescribed at the visit; or (iii) the patient presents with an increased risk of overdose, including a patient with a history of overdose, a patient with a history of a substance use disorder, or a patient at risk for returning to a high dose of opioid medication to which the patient is no longer tolerant. The practitioner shall also provide education to patients receiving a schedule II opioid contained in section 3 on overdose prevention and the use of an opioid antagonist to the patient or one or more persons designated by the patient, or, for a patient who is a minor, to the minor’s parent or guardian. If the practitioner does not co-prescribe an opioid antagonist at the time said prescription for an opioid is issued, the practitioner shall document in the patient’s medical record why a co-prescription of an opioid antagonist was not appropriate for the patient or indicate that the patient declined said prescription. For the purposes of this section, “opioid antagonist” shall mean naloxone or any other drug approved by the United States Food and Drug Administration for the treatment of persons experiencing an opioid-related overdose. Under this section, a practitioner shall be required to issue a prescription for an opioid antagonist only if it has been approved for use by the patient by the United States Food and Drug Administration. Does not have a veterinary exemption.
FDA Compounding from Bulk Substance Guidelines
Compounding from Bulk Drug Substances – Understanding the GFI #256
On April 13, 2022, the U.S. Food and Drug Administration (FDA) published final guidance describing the conditions under which it does not intend to take enforcement action against those who compound animal drugs from bulk drug substances.
Click here for the full guidelines released yesterday.
Click here for the brief summary from AVMA.
2022 – 2023 Power of Ten-Class Applications Being Accepted
Applications are now being accepted for the 2022-2023 Power of Ten class. The Power of Ten program is an initiative designed to cultivate leadership capacity in recent graduates (who graduated between 2014- and 2021) and provide learning experiences that will enrich the individual and benefit the individual’s practice, community, and profession. Click here for a program overview and application. Applications are due May 10.
State Board Issues
NH SB313 clarifies that the executive director of the office of professional licensure and certification has the authority to establish fees on behalf of the boards, commissions, and councils administered by the office of professional licensure and certification.
Vet 300 Registration or Licensing Requirements
Public Hearing: Wednesday, April 20, 2022, at 9:00 AM in the Hearing Room 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: Wednesday, April 20, 2022, at the conclusion of the public hearing.
Please submit comments to OPLC-Rules@oplc.nh.gov.
Registration or Licensing Requirements
RSA 541-A:16, I(b) and RSA 332-B:7-a, II and IV (pg. 10)
Chapter Vet 300 specifies registration or licensing requirements to practice veterinary medicine.
Proposed Vet 301.01 describes the application procedures and is being adopted again after having been previously effective 1/28/20 with changes as follows:
- Update the application for veterinary license form;
- Clarify the procedures for submission and review of the form and supporting documents; and
- Describe the issuance of the license.
Proposed Vet 302 describes the qualification for each applicant for licensure and is being adopted again after having been previously effective on 8/1/19 and expired on 1/28/20 to include PAVE certification or other certification by a PAVE approved program as a veterinary school accrediting body and clarify the description of what is included in “good professional character”.
Proposed Vet 303 describes examination and is being adopted again after having been previously effective on 8/1/19 and expired on 1/28/20 to clarify the jurisprudence examination and require that it be given in Concord NH or by mail to qualified applicants.
Proposed Vet 304 describes reciprocity and is being adopted again after having been previously effective on 8/1/19 and expired on 1/28/20 to clarify the documents required to be submitted with the application for licensure form.
Proposed Vet 305 describes a temporary permit and is being adopted again after having been previously effective 8/1/19 and expired on 1/28/20 with changes as follows to:
- Remove definitions;
- Insert a description of who the temporary permit shall be granted to;
- Amend the obligations of the temporary permit holder by clarifying the requirements that must be met and include taking and passing the NH jurisprudence examination;
- Insert a description of the temporary permit; and ;
- Insert the approval or denial of the permit process.
Proposed Vet 306 describes the fees to be assessed and is being adopted again after having been previously effective 8/1/19 and expired on 1/28/20 to remove those fees set in other rule by the Office of Professional Licensure and Certification (OPLC) and to modify the remaining fees as agreed upon with OPLC. Fees are being modified or added as follows:
- The veterinarian application fee is being reduced from $175.00 to $155.00;
- The license renewal fee is being increased from $150.00 to $155.00;
- The $200.00 annual license renewal fee for licenses received after December 31st is being removed;
- There is a reinstatement fee of $155.00 being established;
- There is a $20.00 fee for the physician health program being established; and
- There are various other fees being removed that have been established in Plc 1001.
When compared to the expired rules, the proposed rule decreases the Veterinarian application fee from $175 to $155, a $20 decrease. It also increases the annual license renewal fee for applications received prior to December 31st from $150 to $155 and removes the $200 annual license renewal fee for licenses received after December 31st. It establishes a reinstatement of licensure fee in the amount of $155 as well a $20 fee for the physician health program licensure. It removes various other fees to coincide with OPLC Plc 1001.
Comments due 04/20/22
Veterinary – Tax Issues
NJ A3705 provides a gross income tax deduction for veterinarian expenses. A taxpayer shall be allowed to deduct from gross income up to $2,500 of non-reimbursed veterinarian expenses incurred by the taxpayer for the examination and care of the taxpayer’s pet during the taxable year. “Pet” means any domesticated animal owned by and normally maintained in or near the household of the taxpayer.
Veterinary – Telemedicine
NJ S2646 clarifies that veterinarians are not within the ambit of telemedicine and telehealth laws.
NY S0627 establishes a tort cause of action for the wrongful injury or death of a companion animal; provides for compensatory and punitive damages and injunctive relief. Includes a veterinary exemption.
Veterinary – Prescriptions
NY A04978 requires veterinarians to provide certain information to animal owners regarding the drugs dispensed to an animal, including the name and description of the drug; the directions for use; actions to be taken in the event of a missed dose; instructions for proper storage; any common adverse effects associated with the use of such drug; and manufacturer precautions and relevant warnings.
Veterinarian – Prescriptions
NY S01289 requires veterinarians to provide certain information to animal owners regarding the drugs dispensed to an animal, including the name and description of the drug; the directions for use; actions to be taken in the event of a missed dose; instructions for proper storage; any common adverse effects associated with the use of such drug; and manufacturer precautions and relevant warnings.
Apr 18, 19:00 – 20:00 (ET) NYSVMS Webinar: Preventing Burnout Starts with a Conversation
Apr 26 NYSVMS Lobby Day
Apr 27, 19:00 – 19:30 (ET) NYSVMS Webinar: Empathy as a Secret Weapon
May 2, 18:30 – 20:00 (ET) Veterinary Radiology Review – Topic: Orthopedic Pathologies
May 5, 13:00 – 17:00 (ET) WNYVMA 5th Annual Continuing Ed for Exotics
May 9 WRVMA Board Meeting
Vol. 6 Issue 1 – April 2022
The Importance of Good Medical Records
“If it’s not in the medical record, it didn’t happen.”
Well-documented medical care is not only beneficial to the patient and their owners, but to you and your practice should you ever be placed in the position of having to defend that care. The medical record is very often helpful, especially where memories have faded and the only recollection of the event is the written record. Regardless of all the benefits of a well-documented medical record, it is also a requirement and condition of North Carolina statutes and administrative codes, and the retention of your license.
The primary purpose of the medical record is to communicate the condition of the patient at the time of their examination or treatment. It serves to document what you have done and why. Inversely, it also serves to document what you have not done and in some circumstances, why you have chosen not to do so. Therefore, the medical record corroborates your actions, thought process, and decision-making with respect to your care of the patient. The patient’s history is also relevant, especially where different veterinarians within the practice will be seeing the animal so that each veterinarian is fully informed of the patient’s condition in one accessible place and optimal care can be provided. Remember as well that patients may leave your practice and therefore, your medical record becomes important to the continuity of care provided by subsequent treating veterinarians. Depending on the number of patients seen in the day and the requirements of your practice, it may be difficult to complete your documentation contemporaneous with your care or within 24 hours. Therefore, it is advisable that you make every effort to document as much as is reasonably possible as soon as is reasonably possible.
The NCVMB recommends that if the following services are provided, they shall be documented in the medical records:
- Laboratory reports
- Radiographic studies
- Medical or surgical treatment
- Medications prescribed or administered
- Pathology reports
- Necropsy findings
Though the mere decision to perform these tests, administer medications, or perform surgery speaks to your thought process, it remains beneficial to document your reasoning. These tests, medications, and procedures are very often where a majority of costs to the client are incurred and the ability to explain and justify their performance can become an issue should billing be brought into question. One of the key components of this medical record documentation, which is frequently the cause of adverse incidents, is medication administration. Medication is a critical component of the record and often takes the place of other treatments or is the primary treatment before other procedures are explored. It is also advisable to document by whom the medication was ordered, administered, and dispensed, as well as the route, strength, and dosage of the medication.
Additionally, it is essential to document all communication with the owner regardless of how it takes place. This is essential in preventing a “he said/she said” situation in the event of a complaint. The use of authorization forms is also highly recommended and they should be included with your medical record of the animal.
Be Careful…Use of Heating Pads
The NCVMB Board has heard several complaints of thermal burns to an animal obtained during surgery or postoperatively. Most of the burns occur due to lack of monitoring or the use of heating pads not designed for use in sedate animals. Common heat sources used in clinics are water-filled exam gloves, “rice socks,” IV fluid bags, reusable discs, “hard” electric heating pads, heating blankets, water or air blankets, and surgery tables. These burns are significant and can lead to extended medical care. When used appropriately, heat therapy is beneficial to animals. The Board is not against the use of all heating devices. There are several medical devices on the market that safely maintain an animal’s body temperature. The best way to avoid complications starts with a basic understanding by all team members of the different heat sources, their intended use, and their risks.
Are you screening the individuals who have access to your Controlled Substances???
Title 21 CFR § 1301.90 DEA: Employee Screening
It is the position of the DEA that the obtaining of certain information by non-practitioners is vital to fairly assess the likelihood of an employee committing a drug security breach. The need to know this information is a matter of business necessity, essential to overall controlled substances security. In this regard, it is believed that conviction of crimes and unauthorized use of controlled substances are activities that are proper subjects for inquiry. It is, therefore, assumed that the following questions will become a part of an employer’s comprehensive employee screening program:
- Question: Within the past five years, have you been convicted of a felony, or within the past two years, of any misdemeanor or are you presently formally charged with committing a criminal offense? (Do not include any traffic violations, juvenile offenses, or military convictions, except by general court-martial.) If the answer is yes, furnish details of conviction, offense, location, date, and sentence.
- Question: In the past three years, have you ever knowingly used any narcotics, amphetamines, or barbiturates, other than those prescribed to you by a physician? If the answer is yes, furnish details.
- Advice: An authorization, in writing, that allows inquiries to be made of courts and law enforcement agencies for possible pending charges or convictions must be executed by a person who is allowed to work in an area where access to controlled substances clearly exists. A person must be advised that any false information or omission of information will jeopardize his or her position with respect to employment. The application for employment should inform a person that information furnished or recovered as a result of any inquiry will not necessarily preclude employment, but will be considered as part of an overall evaluation of the person’s qualifications. The maintaining of fair employment practices, the protection of the person’s right to privacy, and the assurance that the results of such inquiries will be treated by the employer in confidence will be explained to the employee.
OH HB509 requires all occupational licensing boards to issue a report within six months of the bill’s effective date that addresses the following: the fee structure for each occupational license issued by the board, whether it can more competitively align with the surrounding states, and whether it serves as a financial barrier to licensure. Additionally, the report must also address whether the board’s process for issuing occupational licenses could be improved by using the eLicense system maintained by the Department of Administrative Services (DAS), and if so, the board must begin using that system. The bill sets pharmacist continuing education at 30 hours every two years, instead of having continuing education requirements set by the Pharmacy Board in rules. This change will have a negligible impact on the Board’s operations.
Qualifications for Veterinary Licenses and Permits
Hearing 04/29/2022 – Comments due by noon that day.
Licensees who are requesting a waiver of the Clinical Competency Exam are currently required to have at least five continuous years of clinical experience immediately prior to the application date. This limits the ability of Veterinarians licensed in other states who wish to begin practicing in Oregon from qualifying for a Veterinary license if they have not actively practiced veterinary medicine for five continuous years. Expanding the experience from the last 5 continuous years to at least 5 of the last 10 continuous years will make it easier for these applicants to meet the Oregon licensing requirements.
DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE
Available on the Oregon Veterinary Board Website: https://www.oregon.gov/ovmeb/Pages/practice-act.aspx
Available on the Oregon Secretary of State’s Website:
RULE SUMMARY: Correcting numbering issue. Amending the experience requirements for Veterinarian License
Applicants requesting a waiver of the Clinical Competency Test requirement from 5 continuous years immediately prior to the application date to five of the last 10 years immediately prior to the application date.
CHANGES TO RULE:
Qualifications for Veterinary Licenses and Permits IT
Applicants for Oregon veterinary licenses shall meet the following requirements:
A. Graduate from a veterinary college or veterinary department of a university or college of good standing and repute as defined in OAR 875-005-0005(9)(a)(b) or, if a graduate of an unaccredited veterinary school, completion of all requirements of the Education Commission for Foreign Veterinary Graduates (ECFVG) program or the Program for the Assessment of Veterinary Education (PAVE);
- Pass the North American Veterinary Licensing Exam (NAVLE) or the National Board Exam (NBE) and Clinical Competency Test (CCT), and Oregon Jurisprudence Exam/Regional Disease Test as required by OAR 875-010-0015(3).
- An applicant may request a waiver of the Clinical Competency Test requirement if all the following conditions are met:
- The applicant has graduated from an accredited veterinary school or earned the ECFVG or PAVE certificate or completed another equivalency program approved by the Board, as described in OAR 875-010-0000, prior to and including 1990;
B. Has been engaged in active veterinary clinical practice for at least five contiguous of the last ten years immediately preceding the date of application;
C. Has held license(s) in good standing in other state(s) or U.S. territories since graduation; and!!
D. Has met Continuing Education requirements at least equivalent to 10 hours per year during the five years immediately preceding the date of application.
E. The Board may request other documentation of competent clinical practice.
- Temporary and active licenses may be issued to applicants who have at least one-year experience, as set out in ORS 686.045(3) and 686.065(l)(b)
F. The Board may conduct background checks on intern, initial and renewing license applicants. Applicants and licensees shall be required to provide any police and court records for any arrests and convictions.
G. The Board may refuse to issue a license or permit to an applicant for any of the following:
- Violations of veterinary practice laws and rules in other states, provinces, or countries;
- Evidence of previous veterinary incompetence or negligence;
- Violations of other laws substantially related to the qualifications, functions, or duties of veterinary medicine;
H. The sale or use of illegal drugs or substance abuse; or
I. Making a misrepresentation or omission on application or otherwise to the Board.
Statutory/Other Authority: ORS 686.210 Statutes/Other Implemented: ORS 686.045,686.065
The State Board of Veterinary Medicine (Board) proposes to add Subchapter B (relating to animal protection organizations and euthanasia technicians), §§ 31.101—31.115 and 31.121—31.130 to read as set forth in Annex A. This proposed rulemaking will implement the act of October 24, 2012 (P.L. 1452, No. 182) (Act 182) by providing for the licensure and regulation of animal protection organizations to purchase and possess drugs for euthanasia, and of euthanasia technicians to administer drugs for euthanasia.
Background and Purpose
Act 182 prohibiting the use of carbon monoxide chambers for euthanasia of small domestic animals in this Commonwealth. Act 182 also provided a legal means for animal protection organizations that operate shelters in which sick, injured, or unwanted animals are euthanized to purchase and possess drugs for euthanasia. Act 182 also created a new class of licensee, to be regulated by the Board, who are individuals who have completed a training program qualifying them to humanely perform euthanasia of small domestic animals. Prior to enactment, licensure was not required, and training was not uniform for these individuals. Act 182 gives the Board broad authority to develop criteria for licensure, regulation of the performance of euthanasia consistent with ADMAL and the act, and for the institution of discipline against these new classes of licensees regulated by the Board.
The Board consulted with the Department of Agriculture to obtain a list of non-profit kennels licensed in this Commonwealth and sent a draft rulemaking to these parties, as well as numerous animal protection organizations and veterinarians practicing in the field of shelter medicine. The Board met with interested parties on no less than three separate occasions, and after allowing all interested parties to provide input, a draft was completed. Thereafter, the Board voted to adopt this proposed rulemaking.
Description of Proposed Amendments
Proposed §§ 31.101—31.104 (relating to general provisions), set forth general provisions applicable to animal protection organizations and euthanasia technicians. Section 31.101 (relating to applicability of subchapter) sets forth the applicability of the subchapter.
Proposed § 31.102 (relating to definitions) would include definitions for the following key terms used in the regulation: ADMAL (The Animal Destruction Method Authorization Law), animal protection organization, certificate holder, chemical restraint, DEA (The United States Drug Enforcement Administration), a drug for euthanasia, euthanasia technician, OSHA (The Occupational Safety and Health Administration within the United States Department of Labor), PDA (The Pennsylvania Department of Agriculture), restraint, shelter, small domestic animals and supervisor of animal care services.
Proposed § 31.103 (relating to applicability of other laws and rules) would note the applicability of other laws relevant to the purchase, possession, and administration of drugs for euthanasia. The act regulates the practice of veterinary medicine, which includes the administration of drugs to animals, including drugs used for humane euthanasia. ADMAL is the foundational statute for these proposed regulations. The Controlled Substance, Drug, Device, and Cosmetic Act (Drug Act) (35 P.S. §§ 780-101—780-144) includes provisions related to controlled substances and other drugs that animal protection organizations would be authorized to purchase and possess under Act 182. The Dog Law (3 P.S. §§ 459-101—459-1206) provides for licensure and regulation of kennels, including nonprofit kennels that are operated as animal shelters by animal protection organizations. Section 31.103 also provides that individuals and certificate holders subject to the provisions of this proposed rulemaking may also be subject to State or local/municipal laws or ordinances relevant to the subject matter addressed by this proposed rulemaking. Finally, § 31.103(b) provides notice that activities and proceedings before the Board are subject to 2 Pa.C.S. §§ 501—508 and 701—704 (relating to Administrative Agency Law) and 1 Pa. Code §§ 31.1—35.251 (relating to General Rules of Administrative Practice and Procedure).
Proposed § 31.104 (relating to schedule of fees) would provide the schedule of fees for animal protection organizations, including a fee for application for a certificate of registration (includes initial inspection), re-inspections, and biennial renewal fee of the certificate of registration and a late renewal fee. For euthanasia technicians, this section would provide a fee for application for initial licensure, application for approval of employment change, verification of licensure, biennial renewal, and a late renewal fee. The initial certification and licensure fees are considered ”fees for services” performed by the Board staff and thus are calculated by the Bureau of Professional and Occupational Affairs Revenue Office by estimating the cost to provide the specific service, including reviewing the application and accompanying documents to determine compliance with Act 182 and the regulations. The fee for processing the application for a certificate of registration (for animal protection organizations), as compared to the application for an initial license (of euthanasia technicians), is considerably higher because the fee for processing the application for a certificate of registration includes the cost of an initial inspection of the shelter premises. The late renewal fee is set forth in section 225 of the Bureau of Professional and Occupational Affairs Fee Act (63 P.S. § 1401-225) and is incorporated here for ease of reference.
Proposed §§ 31.105—31.115 (relating to certificate of registration for animal protection organizations) would set forth provisions related to animal protection organizations. Section 31.105 (relating to the application for a certificate of registration) would address the application for a certificate of registration, which would be the organization’s authorization from the Commonwealth to purchase and possess drugs for euthanasia within the shelter facility. Section 31.106 (relating to qualifications for a certificate of registration; duty to update certification information) would provide details on the qualifications that an animal protection organization must meet to be granted a certificate of registration.
These organizations have not previously been able to purchase and possess drugs, including controlled substances. However, once an organization has obtained a certificate of registration from the Board, it will be able to purchase drugs; and once the organization also obtains a Certificate of Registration from the United States Drug Enforcement Administration (DEA), it will be able to purchase certain controlled substances. The Board believes it is important to proceed cautiously to ensure that no fraudulent organization will be able to obtain a certificate of registration that would allow them to purchase drugs. To provide this protection, the Board determined that an inspection of the shelter facility was required. Section 31.106(d) would set forth the inspection requirement and provides that an organization may not commence operations until the organization has been inspected and found compliant.
Proposed § 31.107 (relating to the authority of certificate holders to purchase, possess, and administer controlled substances; limitations on authority) would set forth the authority of certificate holders to purchase, possess, and administer controlled substances and limitations on that authority. Subsection (a) would provide that a certificate holder who holds a current unrestricted DEA Certificate of Registration may purchase, possess and administer drugs for euthanasia and may transfer drugs for euthanasia to a currently licensed euthanasia technician or veterinarian employed by or under contract with the certificate holder to provide euthanasia services. Subsection (b) would provide limitations, including that a certificate holder may not purchase, possess or administer any controlled substance or other legend drugs under the authority of the certificate of registration that is not for euthanasia. This provision would not prohibit a certificate holder that has a staff veterinarian to possess drugs used for other purposes acquired under the authority of the staff veterinarian’s license and DEA registration. Subsection (b) would also prohibit a certificate holder from transferring a drug for euthanasia to anyone other than a euthanasia technician or veterinarian, and would prohibit the certificate holder from allowing any drug for euthanasia to leave the shelter premises. Subsection (b) would also prohibit the disposal of drugs in any manner other than that required by Federal regulation and would prohibit the certificate holder from allowing any other organization or individual to use the certificate holder’s certificate of registration from the Board or the DEA to purchase, possess, administer or transfer a drug for euthanasia or any other controlled substance or legend drug.
Proposed § 31.108 (relating to duties of certificate holders) would set forth duties of certificate holders, which include ensuring that euthanasia technicians are competent to humanely administer euthanasia, to provide a suitable area for activities related to euthanasia, and to obtain a DEA certificate of registration. This section would also provide details of the paperwork required to be submitted to the Board. Certificate holders will be required to obtain separate certificates of registration from the Board and DEA for each address where euthanasia drugs are stored or administered, and certificate holders will be required to submit a copy of the DEA Certificate of Registration to the Board within 5 business days of receiving each initial Certificate of Registration and within 5 business days of the renewal of each Certificate of Registration. The Board proposes to require certificate holders to provide a hard copy of the controlled substance log for drugs for euthanasia to the Board every 60 days, along with a summary report showing the total number of animals euthanized by species and amount of drugs administered, and the invoices for each drug ordered. These summary reports would also inform the Board of physical facility and personnel changes relevant to the provision of euthanasia as well as any criminal convictions or disciplinary actions taken against any euthanasia technician, the supervisor of animal care services, or the executive director of the certificate holder by a licensing agency of another jurisdiction.
Proposed § 31.109 (relating to area used for animal euthanasia; required equipment and supplies) would set forth requirements for the area, equipment, and supplies needed to humanely perform euthanasia. This proposal is intended to provide for minimum acceptable standards.
Proposed § 31.110 (relating to approved drugs for euthanasia) would provide that the Board will publish the list of approved drugs for euthanasia that certificate holders may purchase, possess, and administer in the Pennsylvania Bulletin and on the Board’s website. The Board anticipates that the list will include sodium pentobarbital and drugs that are used to sedate animals prior to administration of the sodium pentobarbital agents. This section would also provide that a certificate holder may petition the Board for the addition or deletion of drugs from the approved list. This section would limit certificate holders to using drugs for euthanasia only to provide humane euthanasia of small domestic animals at the shelter. Finally, the section would provide that certificate holders shall use drugs for euthanasia that are within their expiration date.
The provisions in the proposed §§ 31.111 and 31.112 are essentially standard across all types of organizations, including both shelters and veterinary hospitals, for the storage and record-keeping related to controlled substances and other drugs.
Proposed § 31.111 (relating to storage and security of drugs for euthanasia, certificates of registration, and drug order forms) would direct certificate holders to the regulations of the DEA, which sets rules for the storage, security, and disposal of controlled substances; would make the certificate holder the party responsible for ensuring proper storage, security and disposal of drugs for euthanasia at the shelter; would provide minimum security measures for storage of drugs for euthanasia; and would provide rules for handling paperwork associated with ordering controlled substances.
Proposed § 31.112 (relating to maintenance of records and inventories of drugs for euthanasia) would require that certificate holders comply with applicable Federal and State laws related to registration, ordering and receiving, security, record keeping, and disposal of drugs for euthanasia. Furthermore, subsection (b) would require the certificate holder to maintain all drugs for euthanasia in their original container, clearly marked as to contents, until the drugs are ready to be used or reconstituted for use. Subsection (c) would require the certificate holder to maintain current and accurate records of the purchase, administration, transfer, and disposal of drugs for euthanasia, to include a master logbook, drug administration records, and a weekly physical inventory. Subsection (d) states the master log shall be created and maintained as required by the DEA, and subsection (e) would require a certificate holder to provide the required records to the Board or its agents upon demand and to keep the required records as a separate form for each container of a drug for euthanasia. Furthermore, subsection (e) provides a list of information that is required to be recorded on the forms and requires records to be maintained at the shelter facility in a readily retrievable file. Subsection (f) sets forth requirements for weekly physical inventory of drugs for euthanasia. Subsection (g) requires the supervisor of animal care services or his or her designee to report suspected or documented theft and or diversion of drugs for euthanasia to the Board and DEA immediately, and subsection (h) states a certificate holder shall maintain original copies of the records at the shelter for not less than 2 years. If a certificate holder surrenders its Board or DEA Certificate of Registration, subsections (i) and (j) state the original copies of the records required by § 31.112 shall be retained at the shelter facility if the shelter is a subsequent certificate holder, or with a custodian of records if there is no subsequent certificate holder, and the certificate holder shall dispose of drugs for euthanasia in accordance with DEA regulations and shall send a copy of the disposal documentation to the Board.
Proposed § 31.113 (relating to the renewal of a certificate of registration) would provide for the biennial renewal of certificates, as is the case with all of the authorizations/licenses issued by the 29 licensing boards and commissions within the Bureau of Professional and Occupational Affairs. Certificates of registration would be renewed biennially before December 1 of each even-numbered year, by filing a biennial renewal application provided by the Board and paying the biennial renewal fee in § 31.104. An initial certification of registration issued at any time after June 1 of an even-numbered year would not be subject to renewal until the next even-numbered year. A certificate holder would renew the certificate prior to the expiration date of the certificate. Applications for renewal would be submitted in accordance with Board regulations and in the manner and format prescribed by the Board, and a renewed certificate of registration would be valid for a period of 2 years.
Proposed § 31.114 (relating to grounds for refusal, suspension, revocation or imposition of other disciplinary sanction) would provide that certificate holders are subject to all applicable disciplinary provisions and penalty provisions in the act, ADMAL and other laws applicable to licensees of the Board. Subsection (c) would prohibit a certificate holder or other animal protection organization from providing euthanasia to small domestic animals unless a current certificate of registration is held by the licensee or organization. Subsection (d) would provide that a certificate holder is subject to discipline for failing to admit agents of the PDA to conduct investigations or inspections that agency is authorized to conduct, for having the organization’s DEA Certificate of Registration disciplined, for any enforcement action by the PDA, for failing to ensure that euthanasia technicians employed by the organization hold current licenses, and for conduct of a euthanasia technician who performs duties in an unsafe or inhumane manner, or in a manner that violates applicable law.
Proposed § 31.115 (relating to disciplinary sanctions) would explain the disciplinary sanctions the Board may impose when it finds that a certificate holder has violated the act or ADMAL, and the legal process by which the Board may take action against a certificate holder. Subsection (c) would give notice that the Board may summarily revoke the certificate of a certificate holder if the PDA revokes the organization’s kennel license.
Proposed §§ 31.121—31.130 (relating to euthanasia technicians) would govern euthanasia technicians. Section 31.121 (relating to the application for licensure) would set forth the application process for an individual seeking licensure as a euthanasia technician, to include filing an application, paying the required fee, and demonstrating the applicant meets the requirements of ADMAL and the applicable Board regulations. Subsections (b) and (c) would explain what may be done should the Board deny the application.
Proposed § 31.122 (relating to qualifications for licensure) would set forth the qualifications an applicant would be required to meet to be granted a license. The qualifications would include being over 18 years of age. In addition, the proposal would require an applicant to have either a high school diploma or its equivalent or, if the applicant had neither, three letters of recommendation including one letter from a licensed veterinarian. The reason for this requirement is that the duties of a euthanasia technician will include calculating the correct dosage of drugs to administer to animals based on the strength of the drug, the animal’s weight and condition, and the desired effect.
Proposed § 31.122 would also provide two pathways for an applicant to demonstrate the requisite knowledge to practice as a euthanasia technician. First, as provided in ADMAL, the applicant could show completion of a euthanasia technician certification course. The Board approved a course submitted by the Humane Society of the United States and the course has been offered in several locations in this Commonwealth. The Board would also provide, by regulation, a second pathway to licensure for individuals who have been licensed under the laws of another state or territory of the United States that had similar requirements and who has been engaged in the practice for at least 1 year out of the last 5 years.
Proposed § 31.122 would also preclude licensure for an applicant who has been convicted of a drug trafficking offense as defined in 63 Pa.C.S. § 3113(i) (relating to consideration of criminal convictions), a crime that directly relates to the profession as defined in 63 Pa.C.S. § 3102 (relating to definitions), or a crime of violence as defined in 42 Pa.C.S. § 9714 (relating to sentences for second and subsequent offenses). ADMAL does not prohibit the licensure of individuals with criminal convictions, however, section 304(c)(1)(ii)(C) of ADMAL (3 P.S. § 328.304(c)(1)(ii)(C)) does suggest that applicants must meet other requirements established by the Board. Section 9(b)(4) of the act (63 P.S. § 485.9(b)(4)) prohibits the licensure of individuals convicted of a felony under the Drug Act. However, the act of July 1, 2020 (P.L. 575, No. 53) (Act 53) states ”provisions of the respective practice acts relating to felony drug convictions under” the Drug Act, or similar statute if convicted in another jurisdiction, ”shall only apply to an individual who has been convicted of a drug trafficking offense” as defined in 63 Pa.C.S. § 3113(i). It is for this reason § 31.122(a)(4) specifies that applicants for licensure as a euthanasia technician may not have been convicted of a drug trafficking offense as defined in 63 Pa.C.S. § 3113(i). Furthermore, 63 Pa.C.S. § 3113(b)(1) states there is a ”rebuttable presumption that licensure of the individual with a criminal conviction that directly relates to the occupation, trade or profession would pose a substantial risk to the health and safety of the individual’s patients or clients or the public or a substantial risk of further criminal convictions” in 63 Pa.C.S. § 3113(b)(1), which is why § 31.122(a)(4) precludes the licensure of individuals convicted of a crime that directly relates to the profession as defined in 63 Pa.C.S. § 3102. Finally, 63 Pa.C.S. § 3113(e) empowers the Board to license applicants convicted of a crime of violence only if the applicant meets certain enumerated criteria in 63 Pa.C.S. § 3113(e), which is why § 31.122(a)(4) precludes the licensure of individuals convicted of a crime of violence as defined in 42 Pa.C.S. § 9714. The Board recognizes that under certain conditions, individuals convicted of the offenses listed in § 31.122(a)(4) may still be issued a license. For this reason, the Board added language clarifying that, should an applicant be able to demonstrate, at a hearing before the Board or its designee, the required mitigating or rehabilitative criteria as enumerated in Act 53 and 63 Pa.C.S. § 3113(b)(1), as applicable, the underlying conviction need not present a barrier to licensure.
Subsection (b) would notify applicants that the Board will not consider an incomplete application. An application is not complete until all supporting documents, such as the criminal history record check or verification of licensure in other states, has been received. Subsection (c) would notify applicants that applications will be thoroughly investigated to determine the accuracy of information submitted. Subsection (d) would notify applicants that the Board may require the submission of additional information or may require an applicant to appear before the Board to provide additional information. Finally, subsection (e) would notify applicants that an application will be active for 12 months.
Proposed § 31.123 (relating to educational programs and examinations for euthanasia technicians) would address educational programs and examinations. The proposed provisions track the language of Act 182. In addition, the proposed provisions provide direction to organizations that might wish to submit a euthanasia technician training course to the Board for approval, by listing the material that must be submitted, including a copy of the evaluative tool used to measure competence of students who have completed the certification course. An examinee may be provided no more than three attempts at demonstrating competence through utilization of the administrator’s evaluative tool without a requirement that the student retake the training course prior to being reevaluated. This section also notifies the public that the list of approved courses will be posted on the Board’s website.
Proposed § 31.124 (relating to reports to be filed with the Board) would notify licensees of the reports they will be required to file with the Board, within 30 days of an occurrence, including the licensee’s conviction of any felony or misdemeanor offense, imposition of disciplinary or corrective action on any license from this Commonwealth or any other state, a change in employment or a change in name or mailing address.
Proposed § 31.125 (relating to employment required; services to be provided at shelter only) would notify licensees that their license authorizes them to administer drugs for euthanasia only on the shelter premises at which the licensee is employed, or with which the euthanasia technician has a contract for the provision of humane euthanasia services.
Proposed § 31.126 (relating to the renewal of license, inactive status, and reactivation of license) would set the biennial renewal period to match that of the other licenses issued by the Board. A euthanasia technician license would be renewed biennially before December 1 of each even-numbered year, by filing a biennial renewal application provided by the Board and paying the biennial renewal fee in § 31.104. An initial euthanasia technician license issued at any time after June 1 of an even-numbered year would not be subject to renewal until the next even-numbered year. A euthanasia technician would renew the euthanasia technician’s license prior to the expiration date of the license by submitting a renewal form provided by the Board and paying the biennial renewal fee. Applications for renewal must be submitted in accordance with Board regulations and in the manner and format prescribed by the Board. A renewed license would be valid for a period of 2 years.
Proposed § 31.127 (relating to duties of euthanasia technicians) would set forth the duties of these licensees. The overarching guide to conduct, set forth in subsection (a), is to perform all euthanasia services humanely. Humane euthanasia is further defined in § 31.128 (relating to standards for euthanasia of small domestic animals). Subsection (b) provides a list of nine specific duties for licensees, including maintaining security of drugs for euthanasia, accurately recording drug administration information, and making reports as appropriate to the Board or other agency.
Proposed § 31.128 would set forth the minimum standards that must be followed in providing euthanasia services. ”Humane” euthanasia would be elucidated to include language referencing the character of the services provided and the purposeful outcome of the services. Subsection (f) would provide a list of licensees authorized to administer drugs for euthanasia.
Proposed § 31.129 (relating to standards for the administration of drugs for euthanasia) would provide direction to individuals administering drugs, including the requirement that an animal be held or restrained, as defined in § 31.102 unless restraining the animal would either increase the anxiety or fear of the animal or would place the person holding or restraining the animal in physical danger. In these cases, the animal must be placed alone in an enclosure appropriate for its species and size, except for dogs or cats under the age of 16 weeks or other animals that have not been weaned, which may be placed together in an enclosure with their littermates or dam. Paragraph (3) would require that an animal handler be available to assist the individual administering drugs for euthanasia.
Paragraph (4) would require chemical restraint to be used consistent with accepted standards to minimize distress to the animal or danger to the staff. This provision represents the Board’s judgment, based on current available information, that the provision of chemical restraint prior to euthanasia is the prevailing and acceptable standard of practice that must be followed unless to do so would be likely to cause more distress to the animal. The objective is to minimize distress and maximize safety.
Paragraph (5) would echo the statutory mandate that intravenous injection be the standard method of euthanasia for dogs and cats, unless the age, physical condition, size or behavior of the animal presents a danger to the individual performing the injection or the animal handler, or if the physical restraint necessary for intravenous injection would cause unnecessary fear or anxiety in the animal. Paragraph (6) would address the limited circumstances under which intraperitoneal injection may be used, and it sets forth what must be done after an intraperitoneal injection.
Paragraph (7) would require the gauge and length of the needle or catheter used to be appropriate to minimize pain and distress for the size and species of the animal and the method of injection. Paragraph (8) would require a new, unused disposable needle or catheter of medical quality to be used for the administration of drugs for euthanasia for each animal, with each needle or catheter being disposed of in a commercial sharps container immediately after a single-use.
Proposed § 31.130 (relating to grounds for refusal, suspension, revocation or imposition of other disciplinary sanction) would provide notice that licensed euthanasia technicians are subject to all of the disciplinary and penalty provisions in the act, ADMAL, this chapter, and other applicable law. Furthermore, this section prohibits an individual who is not licensed by the Board or otherwise authorized by law to perform euthanasia from providing euthanasia to animals subject to ADMAL. Violations may be prosecuted before the Board and may be referred for criminal prosecution.
COMMENTS DUE 05/05 RA-STRegulatoryCounsel@pa.gov, Reference No. 16A-5726, Euthanasia, when submitting comments.
RIVMA Opposes S252 Medical Marijuana Bill
RIVMA’s opposition to S252 is well-founded out of concern for the potential harm to animals that will come of passage of this bill. Medical marijuana products are toxic and of no clinical use. Having pets get “high” on these products is not only dangerous but also considered animal cruelty.
Lab analyses indicate that a substantial portion of products currently available on the market are labeled inaccurately with respect to both the identity and amount of THC active ingredient found within the product. THC is highly toxic to dogs and therefore shouldn’t be marketed for pets. There are no clinical applications for its use. Emergency hospitals report seeing as many as 10 cases of marijuana intoxication daily in pets. While most are mild, some require hospitalization, and it is possible for them to result in death if there is an accident associated with use. Veterinarians observe that dogs can vomit, become very lethargic, develop very significant neurologic signs, and can become almost comatose (which requires hospitalization).
At present, there is only one accepted use for CBD in veterinary medicine, and it is a medication made by a specific company that is labeled and has been studied for arthritis. Unfortunately, veterinarians are very aware that pet owners often use CBD products they obtain on their own which are expensive, unregulated, and likely don’t have any benefit. Cannabis-derived products that have been suggested as therapeutic agents for use in animals to date are not FDA approved. The available scientific evidence pertaining to their use in animals is currently limited. While findings from a few well-controlled studies have been published, much of what we know is related to anecdotal or case reports or has been gleaned from studies related to use in humans, including the study of animal models for that purpose. The AVMA continues to encourage well-controlled clinical research and pursuit of FDA approval by manufacturers of cannabis-derived products so that high-quality products of known safety and efficacy can be made available for veterinarians and their patients.
RIVMA strongly opposes expansion of the definition of “qualifying patient” to include any animal having a debilitating medical condition as determined by a veterinarian for purposes of a prescription for medical marijuana.
Removal or Temporary New Graduate Licensee Fee and Date Associated with Biennial Renewal for BVME (pg. 14) to amend R. 10-42 to remove the Temporary New Graduate license fee and remove the dates associated with biennial renewal for the Board of Veterinary Medical Examiners. The aforementioned changes will align the fee schedule with revised licensing procedures and comply with renewal requirements in statute.
Definitions, Practice Standards for Licensed Veterinary Technicians and Unlicensed Veterinary Airds, and Statutes for Licensure and Examination for Veterinarians. (pg. 15) The South Carolina Board of Veterinary Medical Examiners is considering proposing amendments to Chapter 120: to define “emergency patient,” “radiography” and “imaging” in Regulation 120-1; to update and clarify Regulation 120-9 regarding the practice standards for licensed veterinary technicians and unlicensed veterinary aides and to clarify Regulation 120-3 in accordance with the statutes for licensure and examinations for veterinarians.
Interested persons may submit written comments to Meredith Buttler, Administrator, Board of Veterinary Medical Examiners, South Carolina Department of Labor, Licensing and Regulation, Post Office Box 11329, Columbia, S .C. 29211 -1329.
Synopsis: The purpose of the amendments is to clarify and update the definitions and scope of practice for the licensed veterinary technicians and unlicensed veterinary aides as they relate to the animal health care tasks and supervision levels and to clarify the regulations with regard to the statutes for licensure and examinations for veterinarians.
Veterinary – Facilities
TN HB0213 simplifies the existing definition of the veterinary facility into the following “veterinary facility” means a building, place, or mobile unit from which the practice of veterinary medicine is conducted. The current definition includes a separate definition for mobile, office, clinic, hospital, and medical center.
Veterinarian – Client Information
TN SB2037 requires practitioners to discuss addiction with clients.
Non-Economic Damages Related
TN HB2228 When prescribing an opioid to a patient, a healthcare prescriber shall offer a prescription for naloxone hydrochloride or another drug approved by the FDA for the complete or partial reversal of an opioid overdose. (4/19)
Veterinary – Telemedicine
VT H655 creates a new license for OOS practitioners who want to practice telemedicine, limited to 20 customers per 2-year period, can still get fully licensed under the current statutes.
VVMA Summer CE Conference
Save the Dates: June 11 and 12, 2022
We are pleased to announce a preliminary lineup of speakers for our Summer Meeting. Dr. Jane Sykes, UC Davis, will present a program on infectious diseases of dogs and cats; Dr. Tom Divers, Cornell University, will present programs for both equine and bovine practitioners; and Wendy Myers will present 6 hours of practice management topics. Details will be available soon!
Administrative Rules Clear Last Hurdle
The Legislative Committee on Administrative Rules approved the Board of Veterinary Medicine’s draft administrative rules at a hearing on April 7, 2022.
Voicing veterinary needs to the FDA on #256 compounding guidance
AVMA has shared the profession’s needs with the FDA throughout the development of the guidance. The final guidance includes many changes made in response to concerns expressed by the AVMA and provides veterinarians considerable latitude when compounding in a practice setting, as well as when writing patient-specific prescriptions.
However, for a pharmacy to provide compounds prepared from bulk drug substances for office stock or dispensing, the compound must be on one of three lists to be maintained by FDA: the List of Bulk Drug Substances for Compounding Office Stock Drugs for Use in Nonfood-Producing Animals, the List of Bulk Drug Substances for Compounding Drugs for Use in Food-Producing Animals or Free-Ranging Wildlife Species, or the List of Bulk Drug Substances Currently Under Review.
AVMA voiced considerable opposition to the use of such lists, because of concerns about the feasibility of maintaining them to keep up with clinical demands. In response to our concerns, FDA modified their approach to making the process of creating and reviewing the lists more dynamic and has indicated they will work with the profession to ensure the lists are robust and comprehensive. Further, FDA has expressed its intent to focus on education and stakeholder engagement before shifting resources toward inspectional activities in the Fiscal Year 2023 (October 2022).
AVMA will continue to actively engage with FDA, and evaluate other options as necessary, to make sure veterinarians have medically appropriate access to drugs compounded from bulk drug substances and that such access is not unduly burdensome.
As a veterinarian, you play a critical role by letting AVMA know your thoughts on the final FDA guidance and by identifying bulk drug substances that you believe should be available for compounding for office stock and dispensing.
Contact AVMA at email@example.com.
- FDA Guidance for Industry #256: Compounding Animal Drugs from Bulk Drug Substances
- FDA Tools (includes webinar, informational handouts, and graphics)
- Infographic: Compounding Animal Drugs for Nonfood-Producing Animals from Bulk Drug Substances
- FDA Q&A
A new initiative shows just how difficult it is for animal owners to find veterinary care. The Veterinary Care Accessibility Project, founded by a veterinarian along with a public policy expert, has launched a tool that uses data from a variety of sources to account for key factors that affect access to veterinary care. The result is a single number that helps answer a complex question: How accessible is veterinary care in my community?
According to an interview with founder Mike Greenberg, DVM in The Fountain Report, the purpose for developing the tool is “to help industry members and policymakers effect positive change when it comes to improving access to veterinary care.” The team used data from the American Veterinary Medical Association, the Centers for Disease Control and Prevention, the U.S. Census Bureau, and a data mapping company.
Each county is given a score from 0 to 100, which is based on four criteria: the median income in that county, access to transportation, the number of veterinary caregivers in the area, and the primary language spoken by residents. According to the article, the creators agree that the map isn’t meant to be the single go-to resource. By necessity, the scores include assumptions that can’t always be substantiated. But it’s a place to start.
For more information, read the April 1, 2022 issue of The Fountain Report.