Jurisdiction Update June 2022
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 June 2022 Conventional Report sorts the same reported items by activity and topic.
Updates by Jurisdiction
Arizona
State Board Issues
AZ HB2599 Places extensive restrictions on state boards including:
H. Before any regulating entity takes any official action to deny a professional or occupational license that a person applies for pursuant to this section, the regulating entity shall submit the application and the reason for denial to the governor for review. The regulating entity shall notify the governor of any required time frames for approval or denial of the license application by the regulating entity.
I. Beginning July 1, 2022, all regulating entities that are required to issue occupational or professional licenses pursuant to this section shall track information about applications received in the format to be determined by the governor and annually report that information to the governor.
…
A. A regulating entity that issues occupational or professional licenses shall:
- Prominently post on its website home page all current state policies that ease licensing burdens and the exact steps applicants must complete to receive their license using such policies. policies that ease licensing burdens include the following
B. Notwithstanding any other law, a state agency may not conduct any rulemaking, including regular, expedited, informal, formal, emergency, or exempt rulemaking, without prior written approval of the governor. In seeking approval, a state agency shall address any of the following as justification for the rulemaking:
…
C. Notwithstanding any other law, a state agency that submits a rulemaking request shall recommend for consideration by the governor at least three existing rules to eliminate for every additional rule requested by the state agency. the requirements of this subsection do not apply to rules that are necessary to secure or maintain assumption of federal regulatory programs, rules that are necessary to comply with an auditor general recommendation or rules that are necessary to address a new statutory requirement.
D. A state agency may not publicize any directives, policy statements, documents or forms on its website unless the directive, policy statement, document or form is authorized by statute or rule. a state agency shall remove material not authorized by statute or rule from its website on the effective date of this section
Arkansas
Important Dates
06/01/22
Deadline to submit state-level Veterinary Technician application for July/August VTNE
06/13/22 – 06/24/22
Written State Board Examination online exam window
06/15/22
Deadline to submit AAVSB VTNE online application for July/August testing window
California
Research – Product Testing
CA SB879 Bans toxicological experiments on cats and dogs for pesticides and food additives.
Animal Welfare – Declawing
CA AB2606 Bans declawing. Hearing 06/28/22.
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. Hearing 06/28/22.
Practitioners – General
CA AB1662 authorizes a prospective applicant that has been convicted of a crime to submit a Board request for a pre-application determination that includes information provided by the prospective applicant regarding their criminal conviction. Hearing 06/28/22.
Reportable/Zoonotic Diseases
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. Hearing 06/21/22.
Colorado
Regulation of Veterinary Technicians
CO HB1235 Sunset bill. The bill implements recommendations of the department of regulatory agencies, as specified in the department’s sunset review of and report on the “Colorado Veterinary Practice Act” (practice act), as follows:
- Continues the practice act for 11 years, until September 1, 2033 (sections 1 and 2 of the bill);
- Requires a veterinarian to notify the Board of Veterinary Medicine (Board) if the veterinarian suffers from a physical illness or condition or a behavioral or mental health disorder that renders the veterinarian unable to practice with reasonable skill and safety (section 6);
- Repeals the requirement that the Board send a letter of admonition by certified mail (section 14);
- Requires veterinarians to create a written plan for the storage, security, and disposal of patient records (section 18); and
- If the Board has reasonable cause to believe a veterinarian is unable to practice with reasonable skill and safety due to a physical condition, authorizes the Board to order the veterinarian to submit to an examination and to suspend the veterinarian’s license for failing to comply with the Board’s order (section 20).
The bill makes other amendments to the practice act as follows:
- Authorizes a person who is not a licensed veterinarian in this state to administer rabies vaccinations in a clinic setting under direct supervision of a licensed veterinarian, or through the indirect supervision of a licensed veterinarian if the person is working on behalf of an animal shelter for shelter-owned animals (sections 9 and 22);
- Adds two members to the Board who are veterinary technicians (section 10);
- Requires credit hours of practice act jurisprudence as part of veterinarians’ continuing education program and permits veterinarians to take nonbiomedical courses as part of the program (section 12);
- Repeals and reenacts the veterinary peer health assistance program to reorganize existing provisions, to allow veterinary technicians access to the program, and to require veterinary professionals, including veterinary technicians, to self-refer to the program upon arrest for a drug- or alcohol-related crime (section 19);
- Creates the veterinary professional assistance program funded through licensing fees to provide counseling, education, coaching, and other services, as requested, to veterinarians and veterinary technicians concerning issues including physical and mental health and wellness, workplace concerns, and legal and financial issues (section 19).
- Section 21 creates the regulation of veterinary technicians. Effective January 1, 2024, a person who practices as a veterinary technician in this state must be registered by the Board. To be registered, a person must have been certified by a national body. For an individual who is not yet nationally certified but who has been practicing as a veterinary technician, the Board may issue a provisional registration of limited duration under specified circumstances. Veterinary technicians are subject to discipline by the Board for engaging in conduct that is grounds for discipline. Section 21 gives title protection to veterinary technicians and grants standard registration, rule-making, and disciplinary powers to the Board. Section 21 repeals the regulation of veterinary technicians on September 1, 2033, subject to and consistent with the sunset review of the practice act. Sections 3 through 5, 7, 8, 10, 11, and 13 through 17 amend existing provisions throughout the practice act to include veterinary technicians, as applicable and make other conforming amendments.
A Joint Stakeholder Meeting was held June 10, 2022.
The Division of Professions and Occupations (Division) held a Joint Stakeholder Meeting to allow stakeholders an opportunity to provide feedback on the implementation of Colorado Senate Bill 22-116 (Concerning the ability of an individual to obtain an occupational credential through the occupational credential portability program) which amends the Red Tape Reduction Act (HB20-1326/Section 12-20-202, C.R.S.); and subsequent proposed draft rules for each Board/Program.
To review the draft rules, please click on the “Notice, SB22-116, and Draft Rules” link below:
Veterinary Practice Act signed by Governor, goes into effect August 10, 2022
The 2022 Colorado Veterinary Practice Act (HB22-1235) was signed by Governor Polis on Wednesday, June 8, 2022. This means the updated Veterinary Practice Act will go into effect on Wednesday, August 10 at 12:01 am. Read the full bill summary here.
What are the changes to the Veterinary Practice Act?
(Note: these will go into effect on August 10, 2022)
- Continues the veterinary practice act for 11 more years until 2033.
- Establishes title protection regulation of veterinary technicians (this amendment was proposed jointly by CVMA and CACVT), which goes into effect January 1, 2023. Click here to read our full article and timeline of what this means.
- Expands the administration of rabies vaccines:
- Allows administration of rabies vaccine by a person who is not a licensed veterinarian under direct supervision of a licensed veterinarian, or through the indirect supervision of a licensed veterinarian if the person is working on behalf of an animal shelter for shelter-owned animals
- 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
4. Expands continuing education requirements for veterinarians’ 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
5. Requires veterinarians to create a written plan for the storage, security, and disposal of patient records.
6. 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)
7. Requires a veterinarian to notify the board if the veterinarian suffers from a physical illness or condition or a behavioral or mental health disorder that renders the veterinarian unable to practice with reasonable skill and safety
8. Repeals the requirement that the state veterinary board send a letter of admonition by certified mail.
9. 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
What does this mean for you?
Colorado veterinarians will continue to practice medicine under the current Veterinary Practice Act. On August 10 at 12:01 am, the updated Veterinary Practice Act will take effect.
The new CE requirements will take effect for the licensing cycle that runs from November 1, 2022 to October 31, 2024.
The regulation of veterinary technicians will begin on January 1, 2023.
CVMA thanks our elected leaders!
Three highly respected, thoughtful, and dedicated legislators have been working with CVMA to guide HB22-1235 through the 2022 legislative session. We invite Colorado veterinarians to extend warm thanks to these elected leaders.
CVMA is very appreciative for the House of Representatives leadership of our prime sponsors Rep. Karen McCormick, DVM, who represents District 11 in Boulder County, and Rep. Marc Catlin, who represents District 58, including Dolores, Montezuma, Montrose, and San Miguel counties. In the Senate, CVMA appreciates working with prime sponsor Sen. Joann Ginal, who represents District 14 in Larimer County.
Additionally, we’d like to extend a thank you to our Practice Act Review Taskforce (chaired by CVMA member Dr. Michelle Larsen) who put forth many, many hours of their time, knowledge, and efforts in making sure that Colorado veterinarians were fully represented in this review.
Why CVMA’s Advocacy Work is Important
One of the most essential and impactful services that CVMA provides on behalf of members is advocating on behalf of Colorado’s veterinary profession in before various legislative and regulatory groups. This work is empowered by the strength of 2,600+ CVMA members standing alongside us, and it is funded exclusively by your annual membership dues. Your commitment to CVMA means that we can effectively work at many levels to protect you, your practice, and the veterinary profession in Colorado. We consistently ensure that legislators know how proposed bills can help or hurt your livelihood, veterinary medicine, and animal health and welfare. No one else will do this work for the Colorado veterinary profession. This effort requires continual attention and action and it can only be accomplished when we come together as a single, unified voice. Together, we protect veterinary medicine.
Encourage your friends and colleagues to join CVMA. Empower the CVMA Political Action Committee with your contribution.
Veterinary Technician regulation in Colorado – what does it mean for your team?
Governor Polis’ office signed into law House Bill 22-1235 this week, the revised veterinary practice act that includes regulation of veterinary technicians. CVMA and the Colorado Association of Certified Veterinary Technicians have worked jointly since late 2020 to provide for regulation of veterinary technicians as part of the Sunset Review of the veterinary practice act. To read a full summary of the changes included in the sunset review of the Veterinary Practice Act, click here.
What does this mean for technicians and veterinary practices?
The most important joint goal for regulation of veterinary technicians has been to retain everyone now working as a veterinary technician in Colorado and to provide inclusive opportunities for regulation. To read more about the goals of technician regulation in Colorado, please read this article.
First, Veterinary Technicians will have title protection. This means that only those who are registered with the Department of Regulatory Agencies (DORA) as a Veterinary Technician can use the title Veterinary Technician.
Second, Technicians who are not interested in registration can certainly continue to do the job. There is no task restriction for anyone, so they will be able to continue working in their current roles but will not be able to use the title Veterinary Technician.
When does the new law take effect?
As of January 1, 2023, the State Board of Veterinary Medicine (SBVM) will begin governing the practice of veterinary technicians. The details of the registration process will be created by DORA during the rulemaking process in the Fall of 2022. In addition, two registered veterinary technicians will be appointed by the governor to serve on the SBVM in 2023 along with the already-serving five veterinarians and two public members that comprise the board.
How Do Technicians Become Registered?
Details of the registration process will be defined by DORA during SBVM rulemaking in the Fall of 2022. CVMA, together with CACVT, will continue to monitor the developments around veterinary technician regulation.
Delaware
Non-Economic Damages
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.
All emotional trauma language has been removed. Amended to the following:
§3928. Civil actions for tortious injuries, including death, to lawfully owned pets.
(a) Definitions. For purposes of this section:
1. “Compensatory damages” means all of the following:
(a) In the case of the death of a pet, the fair market value of the pet before death and the
reasonable and necessary cost of veterinary care.
(b) In the case of an injury to a pet, the reasonable and necessary cost of veterinary care.
2. “Pet” means all of the following:
(a) “Pet” means a domesticated animal.
(b) “Pet” does not include livestock, or an animal possessed or kept in violation of State,
county, or municipal law.
3. “Owner” means a person who purchases or is gifted a pet.
(b) A person who tortiously causes an injury to, or death of, a pet while acting directly or through
an animal under that person’s ownership, direction, or control is liable to the owner of the pet
for compensatory damages.
(c) This subsection may not be construed as a limitation on punitive damages where otherwise
appropriate under the law and in light of the facts related to a claim asserted under this section.
If a pet is owned by multiple persons, the limitations outlined in this subsection apply.
(d) All applicable limitations to liability, defenses, aggravating factors, and principles of law or equity
relevant to the facts and circumstances of a particular action or set of actions that would otherwise
apply to actions for tortious damage to property, with the exception of prior limitations related to
recovery of damages based on the fair market value of property, shall apply to an action brought
under this section.
(e) A person may bring an action for compensatory damages pursuant to this section in any Court of
competent jurisdiction
Animal Welfare – Declawing – Ear/tail/etc.
DE HB333 Bans declawing. No reporting requirement.
Occupational Licensing
State Board
DE HB425 Adds 2 members to the Lyme Disease Oversight Board, including an infectious disease epidemiologist and a licensed veterinarian or entomology specialist.
D.C.
Ethics Training
All current Board members (all professions) are required to complete one of the BEGA (Board of Ethics and Government Accountability) ethics training sessions prior to the end of the FY2022 fiscal year (September 30, 2022).
https://bega.dc.gov/publication/2022-quarterly-board-and-commission-ethics-training-schedule
Final FDA Guidance on Animal Drug Compounding
The U.S. Food and Drug Administration issued a final guidance document, entitled “Compounding Animal Drugs from Bulk Drug Substances,” that will help protect animal health by recognizing the need for access to certain compounded animal drugs. Details are attached to this agenda.
Veterinarian, Veterinarian Technician, Veterinarian Euthanasia Technician Regulations
The new Veterinary Technician and Euthanasia Technicians regulations became effective Friday, August 6, 2021. At this time, the DC Department of Health will not be issuing registrations until the process is in place.
The Department of Health is currently creating the platform by which individuals can submit an application for registration as either a Veterinary Technician or a Veterinary Euthanasia Technician. Once the platform is available, there will be a grace period for which individuals will need to come into full compliance
Georgia
Veterinary – Reciprocity/Mobility
GA HB68 was a professional licensing Board reciprocity bill.
Indiana
Rule Proposal:
Amends 345 IAC 1-6-1.5 to add a definition of “animal health professional”. Amends 345 IAC 1-6-2 to add Egg Drop Syndrome virus (EDSV) to the signs of disease list, and requires a veterinarian, owner, caretaker, or custodian of an animal who knows or has reason to suspect that a disease or condition declared reportable by the Board exists in an animal to report that information to the state veterinarian within twenty-four (24) hours after discovering the occurrence or suspected occurrence of the disease or condition. Amends 345 IAC 1-6-3 to add EDSV in birds to the reportable disease list, and requires a diagnostic laboratory or animal health professional to report a diagnosis of any reportable disease within twenty-four (24) hours of the diagnosis. Effective 30 days after filing with the Publisher.
Iowa
Veterinarian – Loan Programs/Shortages
IA HF2575 Appropriates for purposes of the rural veterinarian loan repayment program established pursuant to section 261.120: $ 700,000.
Adopted and Filed
ARC 6331C – Pg. 2770
The Board of Pharmacy hereby amends Chapter 20, “Compounding Practices,” Iowa Administrative Code. Rulemaking related to compounded preparations
Veterinary compounded preparations for office use—dispensing to the owner of a veterinary patient to treat immediate medical need, 20.2, 20.15
Allows veterinarians who have obtained compounded preparations for office stock use to dispense the compounded preparations to the owner of a veterinary patient to treat an immediate medical need when timely access to a patient-specific supply of compounded medication is not available, no commercially available product can meet the need of the patient, lack of treatment will likely result in patient harm, and the supply does not exceed 14 days.
This rule-making will become effective on July 6, 2022.
The following rule-making actions are adopted:
Item 1. Amend rule 657—20.2(124,126,155A), definition of “Office use,” as follows:
“Office use” means that a compounded product has been prepared and distributed to a practitioner
for administration to a patient by the practitioner in the course of the practitioner’s professional practice.
A compounded product distributed to a practitioner for “office use” shall not require a patient-specific
prescription and may not be further distributed to another practitioner or dispensed to a patient for
self-administration, except as provided in subrule 20.15(2).
Item 2. Amend rule 657—20.15(124,126,155A) as follows:
657—20.15(124,126,155A) Compounding for office use.
20.15(1) No change.
20.15(2) Veterinary compounded preparations. Veterinary compounded preparations may be sold to a practitioner for office use if the preparations are compounded by an Iowa-licensed pharmacy or outsourcing facility and sold directly to the practitioner by the pharmacy or outsourcing facility. Veterinary compounded preparations sold to a practitioner for office use may be dispensed to the owner of a veterinary patient to treat an immediate medical need when timely access to a patient-specific supply of compounded medication is not available, no commercially available product can meet the need of the patient, lack of treatment will likely result in patient harm, and the supply does not exceed 14 days.
20.15(3) Office use. Compounded preparations distributed for office use pursuant to subrule 20.15(1) or 20.15(2) and in accordance with the labeling requirements of subrule 20.15(4) do not require a patient-specific prescription but do require that the compounded preparation be administered to a patient in the course of the practitioner’s professional practice. Compounded preparations distributed for office use pursuant to this rule shall not be further distributed to other practitioners or dispensed to a patient for self-administration, except as provided in subrule 20.15(2).
20.15(4) No change.
Veterinary Assistance Needed with Cruelty/Neglect Cases
The IVMA maintains a list of veterinarians around the state who are willing to assist law enforcement during animal cruelty cases. We would like to update and add veterinarians to the list so that we can make sure the entire state has veterinarians willing to assist in neglect cases. In the event of a case in your area, you will be contacted by local law enforcement or the IVMA. If you would be willing to assist, please complete this Google Form. Please complete this form even if you have been on our list previously.
Kansas
Pet Animal Facilities
KS SB551 establishes the Division of Pet Animal Facilities Inspection within the department of agriculture under the administration of the pet animal facilities director.
State Appropriations/Board Issues
KS HB2396 and SB268 proposed a decrease in the veterinary examiners’ fee fund, while HB2592 and SB444 proposed an increase. KS SB34 required each state agency, Veterinary Board included, to report on their rules and regulations every 5 years.
Veterinary – Disciplinary
KS HB2523 proposed extensive changes to the disciplinary process for impaired veterinarians.
Louisiana
State Appropriation
LA SCR8 Requests the Senate Committee on Agriculture, Forestry, Aquaculture, and Rural Development and the House Committee on Agriculture, Forestry, Aquaculture, and Rural Development to meet and function as a joint committee to study and make recommendations regarding the appropriate level of support to further the missions, goals, and priorities of the Louisiana State University Agricultural Center, Louisiana State University School of Veterinary Medicine, and the Southern University Agricultural Research and Extension Center.
Update: 2022-01 ~ LAC 46LXXXV.303.803 – NAVLE Waiver, VTNE Waiver, & RVT State Jurisprudence Requirement [Source: Regulatory Proposal 2022-A]
A public hearing was held on 05/26/22. The Board voted to move the requirement for a waiver for NAVLE retake from 32 hours/week to 20 hours/week.
- 06-02-2022 Public Hearing minutes ratified by Board at June 2nd meeting.
- 06-09-2020 Having evaluated the comments and testimony from the public hearing, the Board voted to make changes to the proposed rule. The changes to the proposed rule will be published in the 2022 Louisiana Register, Volume 48, June Edition.
- 06-10-2022 Notice and Agenda of Public Hearing distributed electronically.
- 06-20-2022 Potpourri Notice scheduled for publication in 2022 Louisiana Register, Volume 48, June Edition.
- 07-08-2022 Deadline for submission of written comments to Board.*See instructions for submitting comments in Potpourri Notice. Comments submitted to the Board should focus on specific rule changes proposed in this rulemaking project.
- 07-14-2022 Second Public Hearing is scheduled for July 14, 2022 at 9:30am.
Massachusetts
Veterinary Client Information
MA H4814 Amends two current sections, on discussing risks of opioids (human-focused) to include a veterinarian exemption and creates a new section with a vet exemption.
(a) Prior to prescribing an extended-release long-acting opioid in a non-abuse deterrent form for outpatient
use for the first time, a practitioner registered under section 7, not including a veterinarian…
The Massachusetts Board of Registration in Veterinary Medicine posted the Board Policy Guideline on Telemedicine. The Policy was adopted in March.
Board Policy Guideline on Telemedicine
Policy Guideline – Policy No. 22-01
From: Board of Registration of Veterinary Medicine
Re: Board Policy Guideline on Telemedicine
The Board of Registration of Veterinary Medicine (“Board”) voted on March 10, 2022, to adopt the following Policy Guideline. The Policy Guideline does not have the full force and effect of law as would a statute or regulation; however, the Board uses Policy Guidelines as a way to clarify issues related to the practice of veterinary medicine.
The Board seeks to clarify its position regarding the use of telemedicine in the practice of veterinary medicine. The Board permits the use of telemedicine when appropriate only after a Veterinarian-Client-Patient Relationship (“VCPR”) is first established. See 256 CMR 2.01. A VCPR generally exists when:
(a) The veterinarian has assumed the responsibility for making clinical judgments regarding the health of the patient and the client has agreed to follow the veterinarian’s instructions;
(b) The veterinarian has sufficient knowledge of the patient to initiate at least a general or preliminary diagnosis of the medical condition of the patient. This means that the veterinarian is acquainted with the keeping and care of the patient by virtue of a timely examination of the patient or by medically appropriate and timely visits to the premises where the patient is kept; and
(c) The veterinarian is readily available for follow-up evaluation or has arranged for veterinary emergency coverage and continuing care and treatment.
All licensing requirements remain in effect for those engaged in the practice of veterinary medicine via telemedicine in the Commonwealth of Massachusetts.
Veterinarians are reminded that they are required to conform to currently-accepted professional and scientific standards in the profession of veterinary medicine, including but not limited to the Principles of Veterinary Medical Ethics of the American Veterinary Medical Association (“AVMA”). Further guidance regarding telemedicine can be found on the AVMA website. The Board also reminds veterinarians that in the event of an emergency situation, a veterinarian who does not have an established VCPR may dispense a prescription or drug for the immediate treatment of the patient when necessary to save a life or relieve suffering provided that the quantity prescribed and dispensed is limited to the amount needed for the immediate treatment of the patient during the emergency period. See 256 CMR 5.02(3).
Minnesota
Reminder: Timing for VCPR Reverts to 12 Months on July 1, 2022
As the pandemic subsides, the Board’s extension of time allowed for a valid veterinarian-client-patient relationship will cease as of July 1, 2022. Once again, a valid VCPR will require a physical examination or visit to the premises within the preceding 12 months. Please contact the Board with any questions.
VCPR Cannot Be Established Virtually
The Board of Veterinary Medicine continues to interpret the definition of a valid veterinarian-client-patient relationship as requiring a physical examination, many components of which cannot be completed accurately by virtual means. This contrasts with a subset of states that allow a veterinarian to use their professional judgment to determine when the animal’s chief complaints can be accurately assessed virtually.
Although multiple telemedicine providers suggest that a patient-specific diagnosis and even treatment recommendations can be made without an office visit, this cannot be legally done in Minnesota.
Recognize and Document Animal Cruelty Well with a Practice Policy and Training
Veterinarians and their staff are often the first persons to recognize potential animal cruelty. Veterinarians are mandatory reporters of animal cruelty in all species as well as suspicions of animal cruelty in companion animals. 9100.0700 Subpart 1 (S); 346.37 Subd. 6. Cruelty is broadly defined in Minnesota law as every act, omission, or neglect which causes or permits unnecessary or unjustifiable pain, suffering, or death. Also, cruelty may be a flag for domestic violence that may warrant investigation by social services or law enforcement. Statute 343. 215 provides immunity to a licensed veterinarian acting in good faith and in the normal course of business from civil and criminal liability in any action arising in connection with the report of a suspected incident of animal cruelty.
Any veterinarian can support a suspected cruelty investigation when requested by a humane agent or law enforcement but should consider a potential conflict of interest if the animal owner is a client. The veterinarian does not have to make the actual determination of whether clinical findings and observations constitute cruelty or abuse. That is a determination to be made by a humane agent and the courts.
A clinic protocol and training for documenting suspicions or clinical abnormalities that may constitute cruelty are timely choices. With a well-thought-out plan, training, and templates, a practice will provide much-needed documentation when reporting cruelty to law enforcement and humane officers. This documentation can be extremely helpful in the prosecution of the perpetrators and would also become part of the animal(s) medical records.
Recently, a Minnesota hospital’s excellent model for training staff and documenting cruelty was lauded by The Link Letter. This monthly free electronic newsletter tracks information pertaining to the link between human abuse and the abuse of animals. It includes new legislation and laws as well as educational resources for many professions, including health care providers and veterinarians. Please see page 3 on this Link website to see the full details developed at the Animal Emergency Referral Center: Vets-Hospital-reporting-policies-COMPILED-2022.pdf (nationallinkcoalition.org). A free download is available there.
Colleen Crockford, AERC Director of Social Work Services, developed this practice-specific model, which includes the pertinent legal citations for both Minnesota and Wisconsin:
- a protocol, specific to its clients in Minnesota and neighboring Wisconsin;
- a collection of animal abuse definitions and resources, including a city-by-city list of animal control and police
contacts;
- a form for reporting suspected animal abuse, which includes: information about the pet owner and the person suspected of abuse; reasons for the report; photos of any injuries; results of the animal’s physical exam; the name of the agency in Minnesota or Wisconsin where the report was sent; and who completed the report.
Montana
Rule hearing: 06/21/22 Board of Veterinary Medicine Rules Hearing MAR 24-225-42
The board and department determined it is reasonably necessary to amend and adopt rules to implement the provisions of Chapter 392, Laws of 2021, Senate Bill 106, an act providing for the licensure of veterinary technicians, establishing licensure requirements, and providing the board rulemaking authority. The bill was signed by the Governor on April 29, 2021, and will become effective on January 1, 2023.
The department is amending ARM 24.101.413 to establish a licensure renewal date for veterinary technicians. Following the passage of the legislation, the board established a rules committee that met seven times to set licensure standards with stakeholder input. The board received input from other Montana agencies, humane societies, professional associations, and other state veterinary boards. The board is amending and adopting rules to establish licensure requirements and fees, continuing education standards, unprofessional conduct parameters, and scope of practice for veterinary technicians. Authority and implementation citations are amended to incorporate the relevant statutes of Senate Bill 106. Where additional specific bases for a proposed action exist, the board will identify those reasons immediately following that rule.
Rule hearing: 07/07/22 Rules Hearing MAR 24-101-395
In 2001, the Montana Legislature transferred professional and occupational licensing functions from the Department of Commerce (DOC) to the Department of Labor and Industry (department) via Senate Bill 445. With the transfer, the professional and occupational licensing boards and programs became allocated to the department for administrative purposes. Because the department had not previously promulgated public participation rules, and to maintain procedural continuity and afford licensees, license applicants, and the public the right of public participation per 2-3-103, MCA, all references to DOC’s citizen participation rules remained in place in the boards’ administrative rules. Following the transfer to the department, the professional and occupational licensing boards and programs have continuously operated so as to permit and encourage the public to participate in agency decisions that are of significant interest to the public.
The department proposed to adopt three new rules regarding public participation to fully comply with the requirements of 2-3-103, MCA, and meet the needs of the department, its customers, and the Montana public. MAR Notice No. 24-2-390 was published on April 29, 2022, and public comments were accepted through May 27, 2022. The department intends to file the final notice in this project on May 31, 2022, adopting the three rules exactly as proposed. These new rules will be effective June 11, 2022.
The department determined it is reasonably necessary to combine the boards’ related rule amendments into two rulemaking notices for the timeliness, efficiency, and cost-effectiveness. Implementing the rules simultaneously for as many boards as possible will reduce confusion regarding the rulemaking process and ensure that most boards operate under the same public participation rules at the same time. Therefore, 20 of the boards administratively attached to the department are amending their rules to incorporate and align with the department’s new public participation rules at this time. Where necessary, authority and implementation citations are amended to accurately reflect all statutes implemented through a rule and provide the complete sources of a board’s rulemaking authority. Where additional specific bases for a proposed action exist, the individual board will identify those reasons immediately following that rule.
Nevada
06/30/22 Public Hearing to Adopt Regulations R074-21 (For Possible Actions) Amendment/Repeal/Adoption of Language to NAC 638 will include:
- Removal of notary requirement from applications
- Definition of physical examination
- Biennial renewals and proportional adjustments to continuing education and renewal fees.
- Certain terms from ‘practice of veterinary medicine’
The need and the purpose of the proposed regulation or amendment:
Section 1 of this regulation interprets the term “physical examination.”
Section 2 of this regulation removes the requirements established in regulation regarding a ‘veterinarian-client-patient-relationship’ as it is now defined in statute.
Sections 5-9, 11-13 of this regulation removes the requirement for notarization of documents concurrent with AB200.
Section 8, 10, 12 of this regulation establishes a biennial registration period for each permit and certificate concurrent with AB200.
Section 3-4 of this regulation adjusts the amount of existing fees in conformity with the biennial renewal period of registrations issued with the Board. The section adjusts fees such that the fee is reduced by half if collected in the 12 months preceding the expiration of the certificate.
Section 14 of this regulation repeals conduct that is not included in the term ‘practice of veterinary medicine’.
FULL TEXT: BOARD OF VETERINARY MEDICAL EXAMINERS – LCB File No. R074-21
April 18, 2022
EXPLANATION
Matter in underlined italics is new
Matter in brackets [omitted material] is material to be omitted.
AUTHORITY: §§ 1 and 2, NRS 638.070, as amended by section 10 of Assembly Bill No. 200, chapter 186, Statutes of Nevada 2021, at page 875, and section 3 of Assembly Bill No. 200, chapter 186, Statutes of Nevada 2021, at page 872 (NRS 638.1521); §§ 3-13, NRS 638.070, as amended by section 10 of Assembly Bill No. 200, chapter 186, Statutes of Nevada 2021, at page 875; § 14, NRS 638.008, as amended by section 6 of Assembly Bill No. 200, chapter 186, Statutes of Nevada 2021, at page 873, and NRS 638.070.
A REGULATION relating to veterinary medicine; interpreting the term “physical examination” for the purposes of provisions relating to the establishment of a veterinarian-client-patient relationship; increasing certain fees relating to licenses, registrations, and permits issued by the Nevada State Board of Veterinary Medical Examiners in accordance with newly established biennial licensing and registration periods; providing for the reduction of such fees in certain circumstances; establishing biennial registration periods for a permit to operate a veterinary facility and certificates of registration to practice animal physical therapy or animal chiropractic; revising certain continuing education requirements to conform with biennial licensing and registration periods; removing the requirement that certain applications submitted to the Board be notarized; and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes the Nevada State Board of Veterinary Medical Examiners to adopt regulations to carry out the provisions of existing law governing the practice of veterinary medicine. (NRS 638.070, as amended by section 10 of Assembly Bill No. 200, chapter 186, Statutes of Nevada 2021, at page 875) Assembly Bill No. 200 of the 2021 Legislative Session (A.B. 200), which became effective on October 1, 2021, establishes the requirements that a veterinarian must satisfy for the purpose of having a veterinarian-client-patient relationship with an animal, including having adequate knowledge of the present care and health of the animal in order to provide a general or preliminary diagnosis of the medical condition of the animal. A veterinarian is authorized to acquire such knowledge by conducting a physical examination of the animal. (Section 3 of Assembly Bill No. 200, chapter 186, Statutes of Nevada 2021, at page 872 (NRS 638.1521)) Section 1 of this regulation interprets the term “physical examination” for the purpose of such provisions. Section 2 of this regulation removes the requirements for establishing a veterinarian-client-patient relationship that are set forth in existing regulations. (NAC 638.0197) A.B. 200 eliminates the requirement that an application for a license to practice veterinary medicine, surgery, obstetrics or dentistry in this State be notarized. (NRS 638.100, as amended by section 11 of Assembly Bill No. 200, chapter 186, Statutes of Nevada 2021, at page 876)
Existing regulations require that certain other applications submitted to the Board be notarized. (NAC 638.0445, 638.0447, 638.0603, 638.0605, 638.760, 638.810, section 1 of LCB File No. R099-19) Sections 5-9, 11 and 13 of this regulation remove such a requirement.
A.B. 200 newly establishes a biennial renewal period for licenses issued pursuant to chapter 638 of NRS and requires a licensee to submit an application for the renewal of his or her license on or before May 15 of each odd-numbered year. (NRS 638.127, as amended by section 12 of Assembly Bill No. 200, chapter 186, Statutes of Nevada 2021, at page 877) Existing regulations currently establish an annual renewal period for each permit to operate a veterinary facility and each certificate of registration to practice animal physical therapy or animal chiropractic and provide that such a permit and each such certificate of registration expires on January 1 of each year. (NAC 638.0605, 638.770, 638.820) Sections 8, 10 and 12 of this regulation, respectively, instead establish a biennial registration period and provide that such a permit and each such certificate of registration expires on June 30 of each odd-numbered year.
Existing regulations establish various fees relating to licenses, registrations and permits issued by the Board. (NAC 638.035) Section 3 of this regulation doubles the amount of certain existing fees in accordance with the newly established biennial licensing and registration periods. Section 3 also provides that if a license, registration or permit was issued on or after June 30 of the immediately preceding even-numbered year, the Board will reduce the renewal fee charged and collected for the license, registration or permit by 50 percent. Section 3 further provides that fees charged and collected by the Board are not refundable.
Existing law authorizes the Board to adopt regulations concerning requirements for continuing education. (NRS 638.070, as amended by section 10 of Assembly Bill No. 200, chapter 186, Statutes of Nevada 2021, at page 875) Existing regulations establish continuing education requirements for persons licensed to practice veterinary medicine or veterinary medicine as a diplomate and licensed veterinary technicians who wish to renew their licenses. (NAC 638.041) Section 4 of this regulation maintains such continuing education requirements for a person whose license was issued after October 1 of the immediately preceding even-numbered year, but otherwise doubles such continuing education requirements in accordance with the newly established biennial licensing period.
Existing regulations require that an application for the renewal of a certificate of registration to practice animal physical therapy or animal chiropractic include proof that the applicant satisfied certain continuing education requirements during the 12-month period immediately preceding the beginning of the new registration year. (NAC 638.770, 638.820) Sections 10 and 12, respectively, maintain such continuing education requirements for any such applicant whose license was issued after October 1 of the immediately preceding even-numbered year, but otherwise double the hours of continuing education that any such applicant must complete during the 24-month period immediately preceding the beginning of the new period of registration.
A.B. 200 revises the definition of the term “practice of veterinary medicine” to specify conduct that the term does not include. (NRS 638.008, as amended by section 6 of Assembly Bill No. 200, chapter 186, Statutes of Nevada 2021, at page 873) Section 14 of this regulation accordingly repeals the section of existing regulations that specifies the conduct that the term does not include. (NAC 638.0195)
Section 1.
Chapter 638 of NAC is hereby amended by adding thereto a new section to read as follows:
- Except as otherwise provided in subsection 2, the Board will interpret the term “physical examination,” as used in section 3 of Assembly Bill No. 200, chapter 186, Statutes of Nevada 2021, at page 872 (NRS 638.1521), to mean a physically proximate and hands-on, subjective and objective evaluation of the health status of an animal by a veterinarian through the use of observation, auscultation, palpation, percussion or manipulation.
- For a group of like animals, the term “physical examination” as used in section 3 of Assembly Bill No. 200, chapter 186, Statutes of Nevada 2021, at page 872 (NRS 638.1521), means that a veterinarian is physically proximate to the group of animals and has subjectively and objectively assessed a representative sample of the animals.
Section 2.
NAC 638.0197 is hereby amended to read as follows:
638.0197
[1.] For the purposes of this chapter, a veterinarian [shall be deemed to have] has a “veterinarian-client-patient relationship” concerning [a nonhuman] an animal if the veterinarian satisfies [all of] the [following] conditions [:
(a) The veterinarian assumes the responsibility for making medical judgments concerning
the health of the animal and the need for medical treatment of the animal.
(b) The veterinarian has knowledge of the present care and health of the animal sufficient
to provide at least a general or preliminary diagnosis of the medical condition of the
animal. This knowledge must be acquired by:
(1) Conducting a physical examination of the animal; or
(2) Visiting the premises where the animal is kept in a timely manner that is
appropriate to the medical condition of the animal
(c) The veterinarian obtains the informed consent of the client for medical
treatment of the animal.
(d) The veterinarian obtains the agreement of the client to follow the instructions
provided by the veterinarian for the care and medical treatment of the animal.
2. As used in this section, “informed consent” means that the client, after having been informed in a manner that would be understood by a reasonable person, of the diagnostic and treatment options, risk assessment and prognosis for the animal and of an estimate of the fees expected for provision of veterinary services to be rendered to the animal, has consented to the recommended treatment.] set forth in subsection 3 of section 3 of Assembly Bill No. 200, chapter 186, Statutes of Nevada 2021, at page 873 (NRS 638.1521).
Section 3.
NAC 638.035 is hereby amended to read as follows:
638.035
1. [The] Except as otherwise provided in subsection 2, the Board will charge and collect the following fees:
| Annual | Biennial |
For an application and examination for a license to practice veterinary medicine | $200 | $400 |
For an application for a license to practice as a veterinary technician | $100 | $200 |
For an application or examination for a license to practice as a euthanasia technician | $200 | $400 |
For a 2-year registration to practice as a veterinary technician in training | $50 |
|
For a permit to operate a facility owned by a licensed veterinarian, other than a mobile clinic | $200 | $400 |
For a permit to operate a facility not owned by a licensed veterinarian, other than a mobile clinic | $300 | $600 |
For a permit to operate a mobile clinic | $50 | $100 |
For a permit to operate a nonprofit facility | $100 | $200 |
For a registration to practice animal chiropractic | $50 | $100 |
For a registration to practice animal physical therapy | $50 | $100 |
For a registration to practice as an equine dental provider | $100 | $200 |
For a temporary license to practice veterinary medicine | $100 |
|
For the reinstatement of a veterinary or diplomate license | $200 | $400 |
For the reinstatement of a veterinary technician license | $100 | $200 |
For the renewal of an active license to practice veterinary medicine | $250 | $500 |
For the renewal of an inactive license to practice veterinary medicine | $130 | $260 |
For the renewal of a license to practice as a veterinary technician | $75 | $150 |
For the renewal of a license to practice as a euthanasia technician | $100 | $200 |
For the renewal of a registration to practice as an animal physical therapist | $25 | $50 |
For the renewal of a registration to practice as an animal chiropractor | $25 | $50 |
For the renewal of a registration to practice as an equine dental provider | $100 | $200 |
For the renewal of a permit for a facility owned by a licensed veterinarian, other than a mobile clinic | $100 | $200 |
For the renewal of a permit for a facility not owned by a licensed veterinarian, other than a mobile clinic | $300 | $600 |
For the renewal of a permit to operate a mobile clinic | $50 | $100 |
For the renewal of a permit for a nonprofit facility. | $100 | $200 |
For duplicate of a license, registration, or permit described in this section | $10 |
|
2. The Board will reduce the fee charged and collected for the biennial renewal of any license, registration or permit set forth in subsection 1 by 50 percent if the license, registration or permit was issued on or after June 30 of the immediately preceding even-numbered year.
3.The fees charged and collected pursuant to this section are not refundable.
4. For the purposes of this section, a facility is “owned by a licensed veterinarian” if one or more licensed veterinarians hold at least 10 percent of the total ownership interest, solely or jointly, of the facility.
Section 4.
NAC 638.041 is hereby amended to read as follows:
638.041
1. As a prerequisite for each renewal of his or her license to practice veterinary medicine or to practice veterinary medicine as a diplomate licensed pursuant to NRS 638.105, a licensee must complete [,]:
(a) Except as otherwise provided in paragraph (b), at least 40 hours of continuing education
approved by the Board, not more than 20 hours of which may be completed in distance
learning or correspondence courses, during the 24-month period immediately preceding
the beginning of the new period of licensing; or
(b) If his or her license was issued after October 1 of the immediately preceding even-numbered
year, at least 20 hours of continuing education approved by the Board, not more than 10
hours of which may be completed in distance learning or correspondence courses, during the
12-month period immediately preceding the beginning of the new period of licensing.
[year, at least 20 hours of continuing education approved by the Board. Not more
than 10 hours may be completed in distance learning or correspondence courses.]
2. [A] As a prerequisite for each renewal of his or her license to practice as a veterinary technician, a licensed veterinary technician must [annually] complete:
(a) Except as otherwise provided in paragraph (b), at least 20 hours of continuing
education approved by the Board, not more than 10 hours of which may be
completed in distance learning or correspondence courses, during the 24-month
period immediately preceding the beginning of the new period of licensing; or
(b) If his or her license was issued after October 1 of the immediately preceding
even-numbered year, at least 10 hours of continuing education approved by the
Board [as a prerequisite for renewal of his or her license. Not], not more than 5 hours
of which may be completed in distance learning or correspondence courses [.],
during the 12-month period immediately preceding the beginning of the new period of
licensing.
3. A licensee who does not comply with the requirements of this section may be subject to disciplinary action.
Section 5.
NAC 638.0445 is hereby amended to read as follows:
638.0445
1. A licensed veterinarian whose license has been placed on inactive status may apply to the Board to have his or her license restored to active status by submitting to the Executive Director of the Board:
(a) An application for the restoration of his or her license, signed by the licensed
veterinarian; [and notarized;]
(b) The fee required pursuant to NAC 638.035;
(c) Proof that he or she has completed at least 20 hours of continuing
education approved by the Board in the year immediately preceding the filing
of the application; and
(d) If the licensed veterinarian is licensed or has been licensed in any other state,
a letter of good standing from the licensing agency of each state in which he or
she is licensed or has been licensed. Each letter must, if applicable, include detailed
information concerning any disciplinary action that has been taken against the
licensed veterinarian or that is pending in that state.
2. If a licensed veterinarian files an application pursuant to this section which contains any false information, the Board may immediately revoke his or her license.
Section 6.
NAC 638.0447 is hereby amended to read as follows:
638.0447
1. A veterinarian or veterinary technician whose license is forfeited pursuant to NRS 638.127 may apply to the Board to have the license reinstated if, in addition to complying with the provisions of NRS 638.127, he or she files with the Executive Director of the Board:
(a) An application for reinstatement of the license which is signed by the veterinarian
or veterinary technician ; [and notarized;]
(b) Proof that he or she has:
(1) If he or she is a veterinarian:
(I) Completed at least 20 hours of continuing education approved by the
Board in the year immediately preceding the filing of the application; and
(II) Passed, within the 5 years immediately preceding the filing of the
application, the North American Veterinary Licensing Examination of the
[National Board of Veterinary Medical Examiners] International Council
for Veterinary Assessment for an initial license, or any other examination
required by the Board; or
2. If he or she is a veterinary technician, completed at least 10 hours of continuing education in the year immediately preceding the filing of the application; and
(c) If he or she is licensed or has been licensed in any other state, a letter of good standing
from the licensing agency of each state in which he or she is licensed or has been licensed.
Each letter must, if applicable, include detailed information concerning any disciplinary
action that has been taken against the licensed veterinarian or veterinary technician
or that is pending in that state.
3. If a veterinarian or veterinary technician files an application pursuant to this section which contains any false information, the Board may immediately revoke his or her license.
Section 7.
NAC 638.0603 is hereby amended to read as follows:
638.0603
1. It is unlawful for a person to operate a veterinary facility unless the facility is registered with the Board and the Board has issued a permit for its operation.
2. The person in charge of a veterinary facility must be a licensed veterinarian who practices veterinary medicine in this State.
3. The veterinarian who will be in charge of the veterinary facility which seeks a permit to operate must submit to the Board [a notarized] an application for registration in the form provided by the Board.
4. Upon receipt of a completed application for registration and the applicable fee required pursuant to NAC 638.035, the Board will issue a permit to operate the facility. The Board will act upon an application for such a permit within 90 days after receipt of the application.
5. The permit issued to a facility by the Board must be displayed in a conspicuous place within the facility.
6. If a change in the ownership of a facility is anticipated, the veterinarian in charge of the facility for which the permit was issued shall notify the Board, in writing, of the anticipated change 30 days before the date on which the change in ownership is to become effective. The new owner shall register with the Board and apply for a permit to operate the facility pursuant to this section at least 30 days before the date on which the change in ownership is to become effective. The facility shall not, under changed ownership, provide any veterinary services until its permit to operate has been approved.
Section 8.
NAC 638.0605 is hereby amended to read as follows:
638.0605
1. Each permit to operate a veterinary facility expires on [January 1] June 30 of each odd-numbered year.
2. An application to renew the permit must be:
(a) Submitted in the form established by the Board.
(b) Signed by the veterinarian in charge of the facility.
(c) [Notarized.
(d)] Accompanied by the fee required pursuant to NAC 638.035.
3. A facility which fails to renew its permit in a timely manner is subject to disciplinary action pursuant to NRS 638.140.
Section 9.
NAC 638.760 is hereby amended to read as follows:
638.760
1. A person shall not practice animal physical therapy in this State unless he or she is:
(a) A veterinarian;
(b) A licensed veterinary technician who complies with the provisions of NAC 638.053; or
(c) A physical therapist who has obtained a certificate of registration pursuant to this section
and complies with the provisions of NAC 638.780.
2. A physical therapist who desires to secure a certificate of registration to practice animal physical therapy in this State must make written application to the Board.
3. The application must be on a form provided by the Board, include any information required by the Board and be accompanied by satisfactory proof that the applicant:
(a) Is of good moral character;
(b) Has been an active licensed physical therapist in any state for at least 1 year;
(c) Is licensed by and in good standing with the Nevada Physical Therapy Board;
(d) Has successfully completed at least 100 hours of instruction or course work, or a combination
of both, in the area of animal physical therapy, which must include, without limitation, assessment
and planning of treatment, behavior, biomechanics, common orthopedic and neurological
conditions, comparative anatomy, neurology, and therapeutic modalities and exercises; and
(e) Has completed at least 125 hours of supervised clinical experience in animal physical therapy
with a licensed veterinarian.
4. The application must be signed by the applicant. [and notarized.]
5. Except as otherwise provided in NAC 638.790, upon receipt of the application and information required by subsection 3 and payment of the fee required pursuant to NAC 638.035, the Board will issue to the physical therapist a certificate of registration.
Section 10.
NAC 638.770 is hereby amended to read as follows:
638.770
1. Each certificate of registration issued pursuant to NAC 638.760 or renewed pursuant to this section expires on [January 1] June 30 of each odd-numbered year.
2. Each application for renewal of a certificate of registration must be:
(a) Submitted in the form established by the Board;
(b) Signed by the physical therapist;
(c) Accompanied by proof that the physical therapist
completed [, during the 12-month period immediately preceding the beginning of
the new registration,] :
(1) Except as otherwise provided in subparagraph (2), at least 10 hours of continuing education
in animal physical therapy approved by the Board during the 24-month period immediately
preceding the beginning of the new period of registration; or
(2) If the physical therapist was issued the certificate of registration after October 1 of the
immediately preceding even-numbered year, at least 5 hours of continuing education in
animal physical therapy approved by the Board [;] during the 12-month period immediately
preceding the beginning of the new period of registration; and
(d) Accompanied by proof that his or her license as a physical therapist in this State is
active and that he or she is in good standing with the [State Board of] Nevada Physical
Therapy [Examiners.] Board.
3. A physical therapist who fails to renew his or her certificate of registration before it expires forfeits the certificate of registration.
4. Except as otherwise provided in NAC 638.790, upon receipt of the application for renewal and the information required by subsection 2 and payment of the renewal fee required pursuant to NAC 638.035, the Board will renew the certificate of registration of the physical therapist.
Section 11.
NAC 638.810 is hereby amended to read as follows:
638.810
1. A person shall not practice animal chiropractic in this State unless he or she is:
(a) A veterinarian; or
(b) A chiropractor who has obtained a certificate of registration pursuant to this section
and complies with the provisions of NAC 638.830.
2. A chiropractor who desires to secure a certificate of registration to practice animal chiropractic in this State must make written application to the Board.
3. The application must be on a form provided by the Board, include any information required by the Board and be accompanied by satisfactory proof that the applicant:
(a) Is of good moral character;
(b) Has been an active licensed chiropractor in any state for at least 1 year;
(c) Is licensed by and in good standing with the Chiropractic Physicians’ Board of Nevada; and
(d) Is certified by the American Veterinary Chiropractic Association or a similar accrediting or
membership organization that is approved by the Board.
4. The application must be signed by the applicant. [and notarized.]
5. Except as otherwise provided in NAC 638.840, upon receipt of the application and information required by subsection 3 and payment of the fee required pursuant to NAC 638.035, the Board will issue to the chiropractor a certificate of registration.
Section 12.
NAC 638.820 is hereby amended to read as follows:
638.820
1. Each certificate of registration issued pursuant to NAC 638.810 or renewed pursuant to this section expires on [January 1] June 30 of each odd-numbered year.
2. Each application for renewal of a certificate of registration must be:
(a) Submitted in the form established by the Board;
(b) Signed by the chiropractor;
(c) Accompanied by proof that the chiropractor completed [, during the 12-month period immediately
preceding the beginning of the new registration]:
(1) Except as otherwise provided in subparagraph (2), at least 30 hours of continuing education
in animal chiropractic approved by the Board during the 24-month period immediately
preceding the beginning of the new period of registration; or
(2) If the chiropractor was issued the certificate of registration after October 1 of the immediately
preceding even-numbered year, at least 15 hours of continuing education in animal chiropractic
approved by the Board [;] during the 12-month period immediately preceding the beginning of the
new period of registration; and
(d) Accompanied by proof that his or her license as a chiropractor in this State is active and that he or she is in
good standing with the Chiropractic Physicians’ Board of Nevada.
3. A chiropractor who fails to renew his or her certificate of registration before it expires forfeits his or her certificate of registration.
4. Except as otherwise provided in NAC 638.840, upon receipt of the application for renewal and information required by subsection 2 and payment of the fee required pursuant to NAC 638.035, the Board will renew the certificate of registration of the chiropractor.
Section 13.
Section 1 of LCB File No. R099-19 is hereby amended to read as follows:
1. A person shall not practice equine dentistry in this State unless he or she is:
(a) A licensed veterinarian;
(b) A licensed veterinary technician who complies with the provisions of NAC 638.053;
(c) A veterinary technician in training who complies with the provisions of NAC 638.0525; or
(d) An equine dental provider who has obtained a certificate of registration to practice as an
equine dental provider pursuant to this section and complies with the provisions of section 7
of LCB File No. R110-16.
2. A person who desires to secure a certificate of registration to practice as an equine dental provider in this State must submit a written application to the Board.
3. The application must be on a form provided by the Board, include any information required by the Board and be accompanied by satisfactory proof that the applicant:
(a) Is of good moral character;
(b) Is a citizen of the United States or lawfully entitled to remain and work in the United States;
(c) Holds a current certification from a professional equine dentistry organization approved by
the Board; and
(d) Has obtained a written statement from a licensed veterinarian experienced in large animal
medicine that the applicant will be under direct supervision of the licensed veterinarian.
The application must be signed by the applicant. [and notarized.]
Except as otherwise provided in section 8 of LCB File No. R110-16, upon receipt of the application and information required by subsection 3 and payment of the fee required pursuant to NAC 638.035, the Board will issue to the applicant a certificate of registration to practice as an equine dental provider.
__________________________________________________________________________
Proposed Regulations of the Nevada State Board Of Veterinary Medical Examiners
- Changes definition of emergency.
- Allow military and/or their spouse to pay half the amount of listed fees.
- Adds to the list of approved Continuing Education courses are those that:
– Are approved by other state licensing boards.
– Are approved by an association or organization consisting of veterinarians or
veterinary technicians on a regional or statewide basis. - Requires regular review of records generated by automated devices.
- Amends the definition and procedures for abandoned animals.
- Allows a veterinarian to treat or not treat, including human euthanasia, as they deem appropriate.
- Requires specified attempt to microchip scan and contact owners
- Adds record requirements concerning animal description and contact attempts.
- Allows a veterinary assistant to perform cold laser therapy at the direction of a supervising veterinarian.
- Clarifies the practice of animal chiropractic must be non-invasive, non-surgical, and drug-free.
- States that only a veterinarian may surgically remove or surgically implant an ovum or potentially viable embryo from/into an animal. (Artificial insemination or embryo removal by flushing may be done by an animal’s owner, or at their direction).
- Adds a veterinary technician ethics section.
- Adds to the list of acceptable requirements to be registered as a veterinary technician in training: “A person who has a bachelor of science degree and has attained a score of at least 300 points pursuant to Section 2 of this regulation and who has completed at least 1,000 hours of work experience at one or more veterinary facilities;”
- Trainees who participate in training on the job must have that training documented in writing by each facility on a Board-provided form.
- Adds approved degrees from outside of the United States to acceptable licensing.
- Adds:
A person who has a bachelor of science degree and has attained a score of at least 300 points pursuant to Section 2 of this regulation and who has completed at least 1,000 hours of work experience at one or more veterinary facilities; for each hour of continuing education completed. An application made pursuant to this paragraph must include course descriptions or syllabi for each course to be considered for scoring. To be considered, an applicant’s grade in a college course must be a C- or higher, and an applicant must submit proof of satisfactory completion a RACE-approved in-person continuing education course. The total points will be calculated as follows:
(a) Up to 200 points may be received for courses in the basic sciences; and
(b) At least 100 points must be received for courses specifically related to animal sciences.
New Jersey
Veterinary – Electronic Prescribing
NJ A4114 Requires all prescriptions be transmitted electronically, subject to certain exceptions, including veterinarians.
Veterinary – Report Abuse
NJ A4229 Includes animal cruelty against the victim’s animal within the definition of domestic violence and other types of abuse; establishes immunity for reporting animal cruelty; mandates reporting of animal cruelty in certain circumstances.
Veterinary – Telemedicine
NJ S2703 Expressly allows health care professionals located outside New Jersey to provide services using telemedicine and telehealth to patients in New Jersey.
Animal Welfare – Ban Ownership
NJS333 Previously prohibited animal cruelty violators from owning or working with animals. Required all animal-related businesses to do background checks on current and future employees and volunteers. Amended – All business requirements have been removed.
New York
Veterinary – Licensing
NY S09388 Removes citizenship and “permanent resident of the United States” from veterinarian and veterinary technician licensure requirements.
Animal Welfare – Declawing – Ear/tail/etc.
NY S09445 Restricts devocalization procedures on cats and dogs.
New York state appeals court rejects legal personhood for elephant
The highest court in New York state recently denied a petition by an animal rights organization to apply the legal right protecting humans against unlawful detention or imprisonment to Happy, a 48-year-old elephant housed at the Bronx Zoo. Finding otherwise, the court noted, would have “an enormous destabilizing impact on modern society.”
The June 14 ruling affirmed lower court decisions regarding Happy, that regardless of her species’ rich cognitive and emotional qualities, an elephant does not qualify as a “person” for the purposes of habeas corpus, a legal proceeding to determine whether a person is being illegally detained. Together, the AVMA, New York State Veterinary Medical Society, and American Association of Veterinary Medical Colleges filed an amicus curiae—friend of the court—brief supporting the court’s ruling.
“Because the writ of habeas corpus is intended to protect the liberty right of human beings to be free of unlawful confinement, it has no applicability to Happy, a nonhuman animal who is not a ‘person’ subjected to illegal detention,” Chief Judge Janet DiFiore wrote on behalf of the majority opinion.
Additionally, the court said, “Nonhuman animals are not, and never have been, considered ‘persons’ with a right to liberty under New York law.” Furthermore: “Granting legal personhood to a nonhuman animal in such a manner would have significant implications for the interactions of humans and animals in all facets of life, including risking the disruption of property rights, the agricultural industry (among others), and medical research efforts. Indeed, followed to its logical conclusion, such a determination would call into question the very premises underlying pet ownership, the use of service animals, and the enlistment of animals in other forms of work.”
The case was originally brought by the Nonhuman Rights Project against the Bronx Zoo’s director and the zoo’s operator, the Wildlife Conservation Society. The animal rights organization said in a statement on its website that the decision not to apply personhood to Happy makes the court appear “to be out of touch with the times.” Nevertheless, the Nonhuman Rights Project celebrated the dissent of two of the seven appeals court judges and the courts’ serious consideration of the petition.
“This is the first time the highest court of an English-speaking jurisdiction has heard a case demanding a legal right for a nonhuman animal,” the Nonhuman Rights Project said. “It will be far from the last.”
The Wildlife Conservation Society declined to comment for this article.
Ohio
Veterinary – Electronic Prescription
OH HB193 Regarding electronic prescriptions and schedule II controlled substances, terminology related to overdose reversal drugs, a pilot program for dispensing controlled substances in lockable containers, out-of-state physician consultations, and pediatric respite care programs.
Oklahoma
Oregon
ADMINISTRATIVE RULE HEARING
June 24, 2022 9:00 AM (voting to occur after 12:00pm)
OAR 875-010-0006 – Procedures for Obtaining License or Permit – To address conflict between Canada/Jurisdiction within rules.
OAR 875-010-0006 Procedures for Obtaining License or Permit
1. Graduate from a veterinary college or veterinary department of a university or college as defined in OAR 875-005- 0000(8).
2. To apply for a veterinary license, the applicant must complete an application form available from the Board office. A completed application includes:
a. An application form completed and signed by the applicant and notarized;
b. A copy of a college diploma or a letter from the graduate’s school verifying satisfactory graduation,
or, if a graduate of an unaccredited foreign veterinary school certification of satisfactory completion
of requirements of the Educational Commission for Foreign Veterinary Graduates (ECFVG), or
verification of completion of other foreign graduate equivalency programs approved by the Board;
c. A completed Oregon Jurisprudence Exam/ Regional Disease Test;
d. Verification of veterinary experience and certification of status of license(s) in other states if applicable;
e. The license application and Oregon Jurisprudence Exam/Regional Disease Test fee of $75.00.
3. To register for the NAVLE, the candidate shall apply to the National Board of Veterinary Medical Examiners (NBVME), www.nbvme.org.
4. The applicant may take the NAVLE in another state. For licensing in Oregon, NAVLE scores must be directly transferred to the Board through the Veterinary Information Verifying Agency (VIVA).
5. Neither NAVLE nor the National Board Exam (NBE) requirement shall be waived.
OAR 875-010-0026 – Intern, Active, and Inactive Licenses – To address conflict between Canada/Jurisdiction within rules.
OAR 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 practice veterinary medicine in Oregon. The inactive
license fee shall be $100 annually.
OAR 875-010-0000- Permits and Licenses – To remove references to the Clinical Competency Test.
OAR 875-010-0000 Qualifications for Veterinary Licenses and Permits
Applicants for Oregon veterinary licenses shall meet the following requirements:
(1) Graduate from a veterinary college or veterinary department of a university or college of good standing and repute as defined in OAR875-005-0005(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); and
(2) Pass the North American Veterinary Licensing Exam (NAVLE) or the National Board Exam (NBE), and Clinical Competency Test (CCT), and the Oregon Jurisprudence Exam/Regional Disease Test as required by OAR 875-010-0015(3).
(a) An applicant may request a waiver of the Clinical Competency Test requirement if all the following
conditions are met:
(1) 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 inOAR875- 010-0000, prior to and including 1990;
(b) Has been engaged in active veterinary clinical practice for at least five contiguous 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.
(3) 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(1)(b).
(4) 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.
(5) The Board may refuse to issue a license or permit to an applicant for any of the following:
(a) Violations of veterinary practice laws and rules in other states, provinces, or countries;
(b) Evidence of previous veterinary incompetence or negligence;
(c) Violations of other laws substantially related to the qualifications, functions, or duties
of veterinary medicine;
(d) The sale or use of illegal drugs or substance abuse; or
(e) Making a misrepresentation or omission on the application or otherwise to the Board
Pennsylvania
Position Statement on Veterinary Nursing
Background and Context:
In 2017, NAVTA launched the Veterinary Nurse Initiative in part to address the ongoing credentialed veterinary technician shortage present in Pennsylvania and the rest of the country. NAVTA’s leadership proposes that standardizing the title to “veterinary nurse” enhances public awareness about the role of the CVT/RVT/LVT, as well as providing clarity about the role within the profession.
One of the significant issues with the title “veterinary technician” is that over the past several decades, it has been used to refer to virtually any employee of the veterinary practice, who is not the veterinarian, with no regard for that person’s education or licensing. This has been detrimental in the following ways:
- CVTs have not been utilized to the extent of their education/training.
- Unlicensed people have been permitted to perform procedures for which they are not adequately trained or supervised.
- The public has been confused and misled by the random use of “vet tech.”
- CVTs continue to leave the profession in large numbers citing low wages, lack of public recognition, underutilization, lack of opportunity for advancement, and compassion fatigue.
- Based on information and statistics provided by the Center for American Progress and the Bureau of Labor and Statistics, high turnover rates and job satisfaction issues for CVTs are likely increasing the costs for delivery of veterinary care.
- Employers continue to increase the number of advertised positions for veterinary nurses across the country in response to increased numbers of applicants for these positions. NAVTA strongly recommends that the title “veterinary nurse” only be used by those who hold credentials as a CVT, RVT, LVT, or LVMT. (NAVTA | NAVTA: The Job Title of “Veterinary Nurse” Should Be Reserved For Credentialed Technicians)
A 2016 NAVTA survey showed that over half (56.7%) of the respondents had changed their place of employment within the first five years. According to the AAHA’s Compensation and Benefits, the current rate of turnover for veterinary technicians is 23% annually. The Center for American Progress calculates the cost of turnover to be about 20% of each employee’s annual salary for workers earning less than $50,000.
PVMA’s Position and Professional Support in the Commonwealth:
In 2020, the Pennsylvania Veterinary Medical Association surveyed its membership and found that 96% of respondents supported the Veterinary Nurse Initiative (VNI) and favored PVMA making a statement of support of the VNI. [PVMA Keystone Veterinarian Spring 2020 [32 – 33] (nxtbook.com).] PVMA supports the VNI, and the goals of NAVTA for the change in title to lead to greater job satisfaction for veterinary nurses/CVTs, increased longevity in the field, and greater public awareness of the high level of care vet nurses provide to their patients. PVMA also recognizes that the title of “registered veterinary nurse” (RVN) assists in improving public awareness of the role that CVTs provide in the delivery of veterinary services, and that improving the title may help to retain much-needed CVTs/RVNs within the profession.
Furthermore, this shift toward “veterinary nurse” is seen across the state in credentialed educational programs. Over the past three years, three of the seven Pennsylvania programs fully accredited by the AVMA transitioned from veterinary technology programs to “veterinary nursing” programs[1]. A significant number of CVTs entering the workforce in Pennsylvania each year are graduating with degrees in “veterinary nursing,” and want to be recognized as such in the workplace. On the national level, in addition to NAVTA, the AVMA also recognizes the term “veterinary nurse.” The AVMA Board of Directors released the following position statement on terminology regarding veterinary technicians/nurses:
The AVMA recognizes efforts by the National Association of Veterinary Technicians in America (NAVTA) and others to use the term “veterinary nurse” in place of veterinary technician within the profession and criteria for credentialing purposes. The AVMA further recognizes ongoing efforts to promote adoption of the term “nurse” in state practice acts. The AVMA will continue to use the term veterinary technician in its policies and communications; however, will recognize credentialed veterinary nurses as being equivalent to credentialed veterinary technicians.
PVMA requests the recognition of the title “veterinary nurse” in addition to “certified veterinary technician” within the Veterinary Regulations. Just as the Board of Veterinary Medicine recently updated the Regulations to include the use of the title “veterinary assistant” to replace the previously used “non-certified employee,” PVMA asks that language be added, clarifying the title “registered veterinary nurse (RVN)” as equivalent to “certified veterinary technician (CVT).” [See recently submitted request, September 2021.]
Rhode Island
Veterinary – Client Information
RI H8297 Changes the requirement to discuss addiction from an initial opioid prescription to any opioid prescription.
Tennessee
Opioid and Opioid Antagonists
TN SB2465 When prescribing an opioid to a patient, a healthcare prescriber shall offer a prescription for naloxone hydrochloride or another drug approved by the FDA for the complete or partial reversal of an opioid overdose. Committee adopted a veterinarian exemption.
Texas
Proposed Rules: Published June 10, 2022, Register– Volume 47 Number 23
22 TAC §573.27 – The purpose of the proposed amendment is to help clarify for veterinarians that we want to ensure that every single necessary procedure conducted on an animal, no matter how minor it appears or how major it is, must have the authorized consent of the owner.
The Texas Board of Veterinary Medical Examiners invites comments on the proposed amendment to the rule from any interested persons, including any member of the public. A written statement should be mailed or delivered to Sarah Foran, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Ste. 3-810, Austin, Texas 78701-3942, by facsimile (FAX) to (512) 305-7574, or by email to Sarah.Foran@veterinary.texas.gov. Comments will be accepted for 30 days following publication in the Texas Register. Comments must be received within 30 days after publication of this proposal in order to be considered.
Full text:
- 573.27.Honesty, Integrity and Fair Dealing
Licensees shall conduct authorized and necessary medical procedures their practice with honesty, integrity, and fair dealing in their practice of veterinary medicine.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency’s legal authority to adopt.
Filed with the Office of the Secretary of State on May 27, 2022.
22 TAC §573.52 – The purpose of the proposed amendment is to clarify what information is required for complete medical records.
(replaces the proposal for this rule published 12/24/21 which was withdrawn in this issue)
Request for Public Comments
The Texas Board of Veterinary Medical Examiners invites comments on the proposed amendment to the rule from any interested persons, including any member of the public. A written statement should be mailed or delivered to Sarah Foran, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Ste. 3-810, Austin, Texas 78701-3942, by facsimile (FAX) to (512) 305-7574, or by email to Sarah.Foran@veterinary.texas.gov. Comments will be accepted for 30 days following publication in the Texas Register. Comments must be received within 30 days after publication of this proposal in order to be considered.
Full text:
- 573.52.Veterinarian Patient Record Keeping
(a) A veterinarian performing a physical examination, diagnosis, treatment, or surgery on an animal or group of animals shall prepare a written record or computer record concerning the animals containing, at a minimum, the following information [Individual records shall be maintained at the veterinarian’s place of business, shall be complete, contemporaneous and legible and shall include, but are not limited to]:
(1) name, address, and telephone [phone] number of the owner [client];
(2) Identity of the animal, herd, or flock; [identification of patient, including name, species, breed, age,
sex, and description;]
(3) Except for herds or flocks, the age, sex, color, and breed [patient history];
(4) Dates of examination, treatment and surgery [dates of visits];
(5) Brief history of the condition of each animal, litter, herd, or flock [any immunization records];
(6) Examination findings. If required for diagnosis or treatment and is not difficult to obtain:
[weight if required for diagnosis or treatment. Weight may be estimated if actual weight is
difficult to obtain;]
(A) Weight – actual or estimated;
(B) Temperature;
(C) Pulse;
(D) Respiration; and
(E) Any additional findings needed for diagnosis;
(7) Laboratory and radiographic tests performed and reports [temperature if required for diagnosis
or treatment except when treating a herd, flock, or a species, or an individual animal that is
difficult to obtain a temperature];
(8) Differential diagnosis; Referrals/consultations; to/with specialists and the clients response
[any laboratory analysis];
(9) Procedures performed/treatment given and results [any diagnostic images or written
summary of results if unable to save image];
(10) Drugs (and their dosages) administered, dispensed, or prescribed [differential diagnosis
and/or treatment, if applicable];
(11) Surgical procedures shall include a description of the procedure, the name of the surgeon,
the type of sedative/anesthetic agent used, the route of administration and the dosage;
and [names, dosages, concentration, and routes of administration of each drug prescribed,
administered and/or dispensed. If a drug is approved by the United States Food and Drug
Administration (FDA) in only one concentration and the veterinarian is administering the
FDA-approved drug at the FDA-approved concentration, the veterinarian may omit recording
the concentration of the drug administered;]
(12) Anesthesia monitoring performed during surgical procedures. [other details necessary to
substantiate or document the examination, diagnosis, and treatment provided, and/or
surgical procedure performed;]
[(13) any signed acknowledgment required by §§573.14, 573.16, 573.17, and 573.18 of this title
(relating to Alternate Therapies–Chiropractic and Other Forms of Musculoskeletal Manipulation,
Alternate Therapies–Acupuncture, Alternate Therapies–Holistic Medicine, and Alternate
Therapies–Homeopathy);]
[(14) the identity of the veterinarian who performed or supervised the procedure recorded;]
[(15) any amendment, supplementation, change, or correction in a patient record not made
contemporaneously with the act or observation noted by indicating the time and date of
the amendment, supplementation, change or correction, and clearly indicating that there
has been an amendment, supplementation, change, or correction;]
[(16) the date and substance of any referral recommendations, with reference to the response
of the client;]
[(17) the date and substance of any consultation concerning a case with a specialist or other
more qualified veterinarian; and]
[(18) copies of any official health documents issued for the animal.]
(a) Individual records must be maintained on each patient, except that records on
livestock or litters of animals may be maintained on a per-client basis. Records
pertaining to these animals may be kept in a daily log or billing records, provided
that the treatment information is substantial enough to identify these animals
and the medical care provided.
[(b) Maintenance of Patient Records.]
[(1) Patient records shall be current and readily available for a minimum of five years from the
date of last treatment by the veterinarian.]
[(2) A veterinarian may destroy medical records that relate to any civil, criminal or administrative
proceeding only if the veterinarian knows the proceeding has been finally resolved.]
[(3) Veterinarians shall retain patient records for such longer length of time than that imposed
herein when mandated by other federal or state statute or regulation.]
[(4) Patient records are the responsibility and property of the veterinarian or veterinarians who own
the veterinary practice, provided however, the client is entitled to a copy of the patient records
pertaining to the client’s animals.]
[(5) If the veterinarian discontinues his or her practice, the veterinarian may transfer ownership
of records to another licensed veterinarian or group of veterinarians only if the veterinarian
provides notice consistent with §573.55 of this title (relating to Transfer and Disposal of
Patient Records) and the veterinarian who assumes ownership of the records shall maintain
the records consistent with this chapter.]
(c) Medical records and radiographs are the physical property of the hospital or the proprietor of the practice that prepared them. Records, including radiographs, must be maintained for a minimum of three years after the last visit.
[(c) When appropriate, veterinarians may substitute the words “herd”, “flock” or other collective term in place of the word “patient” in subsections (a) and (b) of this section. Records to be maintained on these animals may be kept in a daily log, or the billing records, provided that the treatment information that is entered is adequate to substantiate the identification of these animals and the medical care provided. In no case does this eliminate the requirement to maintain drug records as specified by state and federal law and Board rules.]
(d) Medical records shall be released upon request from a treating veterinarian with a legitimate interest, and shall be returned to the originating practice within a reasonable time if requested. Copies of records must be made available upon request from the owner of an animal at a reasonable cost to the owner and within a reasonable time. A veterinarian may not withhold the release of veterinary medical records for nonpayment of a professional fee.
(e) All regulated substances shall be recorded as required by federal and/or state regulations.
(f) Any signed acknowledgment required by §§573.14, 573.16 – 573.18 (relating to all complementary therapies).
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency’s legal authority to adopt.
Filed with the Office of the Secretary of State on May 27, 2022.
Washington
WSR 22-11-062 Effective 06/16
WAC 246-933-250; repealing WAC 246-933-285, 246-935-130 and 246-937-080; and creating new WAC 246-933-435 and 246-935-305. The veterinary board of governors (board) is amending, repealing, and adding new sections to address suicide prevention education, and HIV/AIDs prevention education for veterinarians, veterinary technicians, and veterinary medication clerks.
The adopted rule implements the section of ESHB 2411 (chapter 229, Laws of 2020) that was codified in RCW 18.92.280. The law amended chapter 18.92 RCW to require the board to develop a suicide prevention training program for veterinarians and veterinary technicians to take as part of their required continuing education. The adopted rule requires veterinarians and veterinary technicians to take a one-time, three-hour training. The training program must include content that covers mental health and well-being; suicide risk, prevention, and resourcing; and imminent harm by lethal means. The three hours of training may count toward existing required continuing education hours.
Full text:
AMENDATORY SECTION (Amending WSR 19-23-007, filed 11/6/19, effective 12/7/19)
WAC 246-933-250 – Examination and licensure requirements.
To qualify for licensure in this state, a candidate must:
(1) Successfully complete either the North American Veterinary Licensing Examination (NAVLE) or the National Board Examination for Veterinary Medical Licensing (NBE); ((and))
(2) Successfully complete the Washington state jurisprudence examination; and
(3) Be a graduate of a program that is accredited by the American Veterinary Medical Association. A person who is a graduate of a college of veterinary medicine not accredited by the American Veterinary Medical Association must:
(a) Successfully complete the American Veterinary Medical Association’s Educational Commission for
Foreign Veterinary Graduates program (ECFVG); or
(b) Successfully complete the American Association of Veterinary State Board’s Program for the Assessment
of Veterinary Education Equivalence (PAVE)(; and
(4) Complete four clock hours of AIDS education as required in chapter 246-12 WAC, Part 8)).
NEW SECTION
WAC 246-933-435 – Veterinarian suicide prevention education.
A licensed veterinarian or a retired active licensed veterinarian shall complete a board-approved, one-time training in suicide prevention that is at least three hours in length. Training must include suicide awareness and prevention, mental health and well-being, and imminent harm by lethal means.
(1) This training must be completed by the end of the first full continuing education reporting
period after July 1, 2022, or during the first full continuing education reporting period after
initial licensure, whichever is later.
(2) The board accepts only courses that are listed on the board’s website.
(3) Training completed between June 11, 2020, and June 30, 2022, that meets the requirements
of subsection (2) of this section, is accepted as meeting the one-time training requirement of
this section.
(4) The hours spent completing the training in suicide prevention under this section count
toward meeting applicable continuing education requirements for veterinarian license renewal.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 246-933-285 – HIV/AIDS prevention and information education.
OTS-3463.2
NEW SECTION
WAC 246-935-305 Veterinary technician suicide prevention education.
A licensed veterinary technician or a retired active licensed veterinary technician shall complete a board-approved, one-time training in suicide prevention that is at least three hours in length. Training must include suicide awareness and prevention, mental health and well-being, and imminent harm by lethal means.
(1) This training must be completed by the end of the first full continuing education reporting
period after July 1, 2022, or during the first full continuing education reporting period after
initial licensure, whichever is later.
(2) The board accepts only courses that are listed on the board’s website.
(3) Training completed between June 11, 2020, and June 30, 2022, that meets the requirements
of subsection (2) of this section, is accepted as meeting the one-time training requirement
of this section.
(4) The hours spent completing the training in suicide prevention under this section count toward
meeting applicable continuing education requirements for veterinary technician license renewal.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 246-935-130 – AIDS prevention and information education requirements.
OTS-3498.1
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 246-937-080 – HIV/AIDS prevention and information education requirements.
WSVMA Board votes to support the Gender Identity Bill of Rights
At their May 24, 2022 meeting, the WSVMA Board of Directors voted to sign on in support of the Gender Identity Bill of Rights (GIBOR). GIBOR, written by Pride Veterinary Medical Community (VMC) members Drs. Erika Lin-Hendel, Ewan Wolff, and Jenna Ward are meant to address inequality and inequity within the veterinary profession. Released in June 2021, GIBOR outlines the basic rights needed for transgender, non-binary, and gender non-conforming people to exist in the veterinary profession. GIBOR highlights the correct name and pronoun use, bathroom access, and protection from discrimination and harassment. As states introduce anti-LGBTQ+ and anti-Trans legislation, the urgency around amplifying this important document increases.
In its work to make meaningful change, Pride VMC urges all members of the veterinary profession to acknowledge the existence, humanity, and worth of transgender, non-binary, and gender non-conforming people within veterinary medicine. The organization also asks individuals to express their support by completing their signatory form.
Nearly 600 individuals and 100 organizations have signed on in support, including colleges of veterinary medicine, industry, and veterinary medical associations.
Pride VMC also plans to publish the Gender Diversity Guide, a follow-up implementation guide, later in 2022. All those that sign and commit to the Bill of Rights will be offered access to the manual.
The WSVMA Board of Directors believes it’s important that organizations that support diversity, equity, and inclusion stand up against harassment and discrimination.
For more information, visit these resources:
- Gender Identity Bill of Rights: Full Text
- GIBOR overview video
- Article: Next steps for transgender, nonbinary, and gender-nonconforming belonging in veterinary medicine
West Virginia
Effective June 8, 2022, WV licensed or registered veterinarians will be allowed to offer telehealth.
ARTICLE 10. VETERINARIANS.
§30-10- 24. TELEHEALTH PRACTICE.
(a) For purposes of this section, these terms have the following meaning:
- “Interstate telehealth services” means the provision of telehealth services to a patient located in West Virginia by a registered veterinary care professional located in any other state or commonwealth of the United States.
- “Personal examination” is a face-to-face, in-person, examination of the patient.
- “Registration” means an authorization to practice veterinary medicine in the State of West Virginia pursuant to §30-10-1 et seq. of this code, which authorization is limited to providing interstate telehealth services within the registrant’s scope of practice.
- “Registrant” means an individual who holds a valid registration with the board.
- “Telehealth services” means the use of synchronous or asynchronous telecommunications technology or audio-only telephone calls by a veterinary care professional to provide veterinary care services, including, but not limited to, assessment, diagnosis, consultation, treatment, and monitoring of a patient; maintenance of medical data; patient and professional health-related education; public health services; and health administration. The term does not include internet questionnaires, email messages, or facsimile transmissions.
- Veterinary care professional means the official authorization by the board to engage in the practice of veterinary medicine.
(b) Telehealth Practice.
- The practice of veterinary medicine occurs where the patient is located at the time telehealth services are provided.
- To provide veterinary care in the State of West Virginia via interstate telehealth services, an individual not otherwise licensed by the board must first apply for and obtain registration with the board using the application materials provided by the board and paying a fee of $300.
- To obtain registration with the board, an individual must be a licensed veterinarian in good standing in all other states in which he or she is licensed and not currently under investigation or subject to an administrative complaint.
- Registration with the board is subject to annual renewal on or before December 31 including, but not limited to, the renewal fee of $250 and the submission of at least three patient records of West Virginia patients, if applicable.
- A veterinarian-client-patient relationship is required for providing veterinary care in the State of West Virginia via telehealth services. The veterinary care professional shall perform an in-person exam within the 12 months prior, and at least every 12 months thereafter or the telehealth service shall no longer be available to the patient. Such relationship exists when:
(A) A veterinarian assumes responsibility for medical judgments regarding the health of
an animal and the client who is the owner or owner’s advocate of the animal consents
to the veterinarian’s treatment plan, and(B) A veterinarian, through personal examination of an animal or a representative sample
of a herd or flock, obtains sufficient information to make at least a general or preliminary
diagnosis of the medical condition of the animal, herd or flock, which diagnosis is
expanded through medically appropriate visits to the premises where the animal,
herd or flock is kept.(C) In the event of an imminent, life-threatening emergency veterinary care may be
provided in this State via telehealth services without an existing veterinarian-client- patient
relationship or without an in-person visit within 12 months. - The standard of care for providing veterinary care in the State of West Virginia via telehealth services by a registrant or licensed veterinarian shall be the same as for in-person care. Such standard of care shall require that a veterinarian-client-patient relationship first exist before telehealth services are provided and that a patient visit a veterinarian licensed in another jurisdiction or licensed by the board, in-person and within 12 months of using the initial telemedicine service, or the telemedicine service shall no longer be available to the patient. Only in the event of an imminent, life-threatening emergency may veterinary care be provided in this state via telehealth services without an existing veterinarian-client-patient relationship or without an in-person visit within 12 months.
- A provider of telehealth services must ensure that the client is aware of the veterinarian’s identity, location, and license number and licensure status and should provide to the client a clear mechanism to:
(A) Access, supplement, and amend client-provided contact information and health information
about the patient;(B) Register complaints with the board;
(C) Provide consent for the use of telemedicine and,
(D) Patient medical records must meet the requirements as specified in the
Standard of Practice Rules
8. A registrant shall not prescribe any controlled substance listed in Schedule II of the Uniform Controlled Substance Act via interstate telehealth services.
9. By registering to provide interstate telehealth services to patients in this state, a registrant is subject to:
(A) The laws, rules, and regulations regarding the practice of veterinary medicine in this state,
including the state judicial system and all rules and standards of professional conduct
contained within §30-10-1 et seq. of this code and the rules promulgated thereunder; and
(B) The standard of care for providing veterinary care in the State of West Virginia via telehealth
services by a registrant or licensed veterinarian shall be the same as for in-person care. and
(C) The jurisdiction of the board, including, but not limited to, the board’s complaint, investigation,
and hearing processes.
10. A registrant shall notify the board within 30 days of any restrictions placed upon, or actions taken against, his or her license to practice in any other state or jurisdiction.
11. A registration with the board does not authorize veterinary care professional to practice from a physical location within the State of West Virginia without first obtaining appropriate facility registration.
12. A person currently licensed by the board is not subject to registration but shall practice telehealth in accordance with the provisions of §30-10-1 et seq. and the rules promulgated thereunder.
Wisconsin
CR 21-061: Dog sellers and dog facility operators
Effective 06/01/22 Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses
Inserted – Chs. ATCP 10-19; Animal Health – Full text
Plain Language Analysis
The Dog Sellers and Facilities Program was created in 2011 to ensure the welfare of dogs and provide consumer protection. The Department licenses and inspects about 500 facilities under this program. The minimum licensing fees were set when the program began and have not changed since 2011.
The program revenue appropriation (appropriated by Wis. Stat. § 20.115 (2) (j)) does not have adequate revenue to recover costs. The Department is not able to reduce expenditures to the level of current revenues without resulting in a failure to fulfill statutory requirements.
The Department convened an ATCP 16 Advisory Committee to advise the Department in relation to the Statement of Scope (SS 093-20), pertaining to license fees and reinspection fees for dog sellers and dog facility operators. The Committee was comprised of representatives from each of the groups under Wis. Stat. § 173.41 (14) (b).
This rule proposal includes a 100% license fee increase for shelter/control facilities, a 120% license fee increase for all other entities, and a 167% reinspection fee increase. The table below shows the current and proposed license and reinspection fee amounts, the amount of each change, the number of licensees in each category, and the average reinspection count each year.
The proposed fees would ensure recovery of annual program costs and would gradually eliminate the current and projected deficit over five years. Without the proposed fee increase, the appropriation would continue to operate in a negative cash balance until a different change occurs, such as the creation of an alternative funding source or a statutory change. The Department would continue to report the negative cash balance to the Joint Committee on Finance.