October 2023 Report
This report shares short summary highlights of tracked legislative bills and rules & regulations that have seen recent activity, as well as available board and state VMA updates.
The legislative activity map reflects all 2023 activity and is updated daily. The regulation activity map reflects activity within the last month and will be updated monthly.
Legislative Activity
Regulation Activity
Board Watch
The California Veterinary Medical Board will hold a meeting Oct 18-19. Agenda Items include: 1. Review, Discussion, and Possible Action on Multidisciplinary Advisory Committee (MDC) Report – Leah Shufelt, RVT, Chair, MDC
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At their August 2nd Board meeting (Minutes recently published) The Kansas Board of Veterinary Examiners reported the following: |
Public comments on the following regulations due to KBVE by 10/31/2023: · 201 KAR 16:510 – Amendment – Fees for veterinarians · 201 KAR 16:512 – Amendment – Fees for veterinary technicians · 201 KAR 16:514 – Amendment – Fees for animal control agencies and animal euthanasia specialists · 201 KAR 16:516 – Amendment – Fees – other fees · MIR – Request for Continuing Education Course Approval · MIR – Request for Licensure Verification · MIR – Request for Mailing List · MIR – Request for Printed Credentials |
Slated on the Nevada Board of Veterinary Medical Examiners 10/12/23 meeting agenda: Regulation Workshop-Discussion and Determination of Possible Regulations (For Possible Action) A. Reviewing draft language and topics for regulation changes on the following:
B. Reviewing draft language and topics for regulations changes on the following:
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VBOG Special Meeting – October 23, 2023 The Veterinary Board of Governors is holding a special meeting on October 23, 2023, at the Tumwater Department of Health office building at 9:00 a.m. The topic to be discussed is Animal Healthcare Tasks and Animal Manipulation. The agenda and webinar information are posted on the DOH Veterinary Website along with past meeting minutes, and other items of interest to the industry. |
DOH Veterinary Website CLICK HERE
At the 09/11/23 Washington Veterinary Board of Governors
Washington Veterinary Board of Governors meeting the subcommittee on veterinary telehealth rulemaking presented proposed new language for review and feedback to update WAC 246-933-200 Veterinary client-patient relationship and establish additional standards for telemedicine services. CR 101 document (PDF) – Establishes scope and describes why the board is undertaking rule-making on this topic. The initial rule draft is not yet complete. When available, it will be posted on this page. |
RULEMAKING – VETERINARY TELEMEDICINE The Board subcommittee on veterinary telehealth rulemaking discussed progress on the Board’s rulemaking to consider updating WAC 246-933-200 veterinary client-patient relationship and establishing additional standards for telemedicine services. Public comment: Amber Itle, Washington State Department of Agriculture Jessica Simpson, The Human Society of the United States Ms. Simpson informed the Board that the Humane Society of the United States submitted written comments in support of establishing a VCPR through telemedicine. The Pets for Life program takes a comprehensive, long-term approach to address the inequity in and lack of access to pet resources people experience in underserved communities through door-to-door community outreach and pet owner support services. Rural Area Veterinary Services (RAVS) is another program that improves the health of welfare of animals, families, and communities by providing essential veterinary services and building professional capacity to reduce barriers to animal health resources created by poverty and geographic isolation. Telehealth is largely beneficial for these programs. The Board will send the rules to subscribers through GovDelivery and ask for comments, which the subcommittee will review. RULEMAKING – ANIMAL HEALTHCARE TASKS ANIMAL MANIPULATION TASK FORCE The animal manipulation subcommittee provided a report to the Board based on its July 10, 2023, meeting. The Chiropractic Quality Assurance Commission expressed interest in the Board and Commission working together to achieve a sustainable solution. The Commission filed a CR-101 on September 01, 2023. INFORMATIONAL ATTACHMENT OF JULY 10, 2023, MANIPULATION COMMITTEE MEETING AGENDA AND PACKET Public comment: Candance Joy, Washington State Veterinary Medical Association (WSVMA) The WSVMA has interest in working on this rulemaking and would be willing to work with the Washington State Chiropractic Association (WSCA). The Board and Commission Task Force will meet again to discuss legislation and next steps. The Animal Manipulation Committee will include Member Senestraro, Member Clabough Sellon, and Member Reed. A CR-101 was filed regarding WAC 246-935-050 Animal health care tasks, WAC 246-935-010 Definitions, WAC 246-935-040 Responsibilities of a veterinarian supervising a licensed veterinary technician or an unregistered assistant, and WAC 246-937-010 Definition. The Board is considering amendments to the animal health care tasks, supervisory responsibilities for a supervising veterinarian, and unregistered assistants. Ms. Budrow will schedule a special meeting to discuss this matter. RULEMAKING – VETERINARY TECHNICIAN APPRENTICESHIP The Board discussed comments and determined next steps on proposed rule language to consider amending WAC 246-935-060 to clarify that a Board-approved apprenticeship program is a pathway for veterinary licensure. AUTHORIZING ANIMAL CARE AND CONTROL AGENCIES AND NONPROFIT HUMANE SOCIETIES TO PROVIDE VETERINARY SERVICES The Board received a status update of filed rulemaking that went into effect June 03, 2023. Humane Societies have been sent notice that the reporting tool is online. Ms. Budrow will compile and present information regarding the legislation to the Board in June 2024. |
VBOG Special Meeting – October 23, 2023 The Veterinary Board of Governors is holding a special meeting on October 23, 2023, at the Tumwater Department of Health office building at 9:00 a.m. The topic to be discussed is Animal Healthcare Tasks and Animal Manipulation. The agenda and webinar information are posted on the DOH Veterinary Website along with past meeting minutes, and other items of interest to the industry. |
DOH Veterinary Website CLICK HERE
VMAs
CVMA Legislative Update The 2023 California legislative cycle is past the “half-way” point with assembly bills now being heard in senate policy committees, and vice versa. The CVMA legislative team is meeting with lawmakers, communicating with stakeholders, and testifying in committee hearings in order to represent the interests of the veterinary profession. This year, the team flagged nearly 35 important bills due to their potential impacts on veterinary medicine, animal health and welfare, and employer/employee relations. While the CVMA legislative team is following all bills closely, a few have risen to a priority level due to their subject matter. Below are summaries of critical bills being addressed by the CVMA. AB 1399 (Friedman/Lowenthal) Veterinary medicine: veterinarian-client-patient relationship and veterinary telemedicine. SIGNED BY THE GOVERNOR. The enactment of this bill makes California the sixth state in the nation to permit a veterinarian-client-patient relationship (VCPR) to be established by electronic means, thus discarding the current requirement for a veterinarian to physically examine an animal patient or make medically appropriate and timely visits to the premises where the animals are kept in order to prescribe medication and treat patients. The law requires that a virtual VCPR may only be established by using synchronous audio-visual communication and may only be offered by a California-licensed veterinarian to animal patients who reside in California. Numerous client disclosures must be provided at the onset of a telemedicine appointment, including providing the client with locations in their area where veterinary services are available. The law includes a 14-day limit on the amount of antimicrobials that may be prescribed for an animal patient when telemedicine is being used to diagnose and treat it for the first time. Should a patient require more antibiotics beyond the initial 14-day supply, an in-person examination by a veterinarian will be necessary. The law also prohibits controlled substances from being prescribed when a VCPR is established via telemedicine. Telemedicine used to establish a VCPR is prohibited for racehorses. AB 1399 was signed by Governor Newsom on October 8, 2023, and will take effect on January 1, 2024. The CVMA will be publishing information on this law in the January/February edition of the California Veterinarian magazine and will be offering a webinar about the law in early January. AB 814 (Lowenthal) Veterinary medicine: animal physical rehabilitation HELD IN COMMITTEE – DEAD FOR THE YEAR. This bill is was a second attempt to permit a scope of practice expansion for physical therapists to open their own practices and work on animals without veterinarian supervision. Current state law permits physical therapists to work on animals, but within registered veterinary premises, with a veterinarian licensee manager, and under direct veterinary supervision. This bill sought to:
This bill was the highest priority of the CVMA this year. Scope of practice expansion by human health care providers into veterinary medicine is dangerous for both animals and consumers and often overlooks the intricacies of veterinary medical practice. The CVMA will always fight to protect veterinary practice to ensure that California’s animals are protected. The CVMA wishes to thank its coalition opposition partners, which include several local veterinary medical associations as well as the American Veterinary Medical Association (AVMA). Read the CVMA coalition opposition letter here and additional materials/ fact sheets here. AB 1232 (Connolly) Department of Food and Agriculture: resilient and higher-welfare grant program. HELD IN COMMITTEE – DEAD FOR THE YEAR. This bill tasks the California Department of Food and Agriculture (CDFA) with creating and implementing a grant program to support the implementation of higher standards of care and more climate-smart farming practices. The bill would require the CDFA to establish an annual competitive grant application process that enables producers and processors seeking to improve farm animal welfare to apply to the CDFA for financial assistance. Grant priority would be accorded based on the satisfaction of specified qualifying criteria. As currently written, the bill creates new defined terms relating to the higher welfare grant program. Among those terms are “animal welfare certification” and “higher welfare”—both of which specify when and how antibiotics may be administered to animals. The CVMA was actively involved in shaping California’s judicious antibiotic use and stewardship laws in 2014 and 2015 when then-senator Jerry Hill sponsored bills supporting the veterinarian’s professional judgment in the judicious use of antibiotics. Legislation passed at that time also set California apart from other states by requiring that all veterinarians take at least one unit of continuing education every four years on the judicious use of antibiotics. The CVMA reached out to the author’s office with this letter of concern and is pleased to report that the bill Author announced in a recent committee hearing that he would make a commitment to accept the CVMA’s requested amendments. This bill was held in the Assembly Appropriations suspense file and will not progress forward this year. SB 669 (Cortese) Veterinarians: veterinarian-client-patient relationship. Position: Support This bill will codify the majority of a regulatory proposal currently being considered at the Veterinary Medical Board (VMB) to permit veterinarians to utilize registered veterinary technicians (RVTs) as agents in establishing the veterinarian-client-patient relationship (VCPR) for the specific purposes of administering prophylactic vaccinations and/or providing preventative procedures for parasite control. In 2021 and 2022, the CVMA convened a task force of veterinarians and RVTs with specific expertise to address the issue of Access to Veterinary Care. The task force’s work was approved by the CVMA’s Board of Governors in 2022 and culminated in a position statement and a list of action items for the CVMA to pursue in an effort to address the access issue. Both of those resources are available here. Thereafter, the CVMA presented its findings to the VMB, including the data-supported determination that RVTs possess adequate knowledge and skill to act as an agent of the veterinarian to establish a VCPR for the specific purposes of (1) administering vaccines, and (2) performing preventative procedures for parasite control. The VMB, in turn, reviewed the information provided by the CVMA and ultimately drafted regulatory language that would modify the California Veterinary Medicine Practice Act to allow for such RVT practice. The VMB voting board, which is comprised of veterinarians, an RVT, and public members, unanimously voted to approve the introduction of the proposed regulations into the regulatory process. This regulatory effort did not go unnoticed by the state legislature and Senator Dave Cortese chose to champion a bill based on the draft regulation. The CVMA is pleased to be working with Senator Cortese and the Sacramento SPCA (the bill sponsor) to ensure that the bill addresses important technical changes and clarifications in the bill language to ensure that it works in the Veterinary Medicine Practice Act. Read the CVMA Support letter here. SB 373 (Menjivar) Board of Behavioral Sciences, Board of Psychology, and Medical Board of California: licensees’ and registrants’ addresses. VETOED BY GOVERNOR. This bill, when originally written, was intended to limit the California Board of Behavioral Sciences and the Board of Psychology from disclosing contact information for licensees and registrants under their jurisdiction, specifying that only the city, state, county, and ZIP codes could be provided. The CVMA contacted the bill’s author—Senator Caroline Menjivar—and requested that the VMB be added to the list of boards that must limit their public disclosure of licensee contact information. Many house call and ranch call veterinarians base their business at their homes; as a result, some practitioners have experienced stray animals being left on their doorsteps, while others have reported angry clients coming to their homes. In an effort to protect these veterinarians and their families, Senator Menjivar agreed to include veterinary licensees among the healthcare professionals whose contact information will be limited. Governor Gavin Newsom vetoed this bill indicating in a veto message that consumers need to know the address of their healthcare providers in order to be able to request medical records. He further stated that healthcare providers may provide a PO Box as an address of record to protect their home address. (Unfortunately, a P.O. box will not suffice in the case of California veterinary medical licensees.) 2023 Legislative Calendar January 4 Legislature reconvenes February 17 Last day for bills to be introduced July 1 Last day for policy committees to meet and hear September 8 Last day to amend bills on the Floor (general session) September 14 Last day for each house to pass bills October 14 Last day for the Governor to sign or veto legislation |
PVMA President Testifies in Support of HB 660, a Bill for Fair Pet Insurance October 3, 2023 – PVMA President Thomas Munkittrick, DVM, testified before the House Insurance Committee in support of HB 660, a bill for fair pet insurance in Pennsylvania. This bill protects pet owners by providing a framework for the sale, solicitation, and negotiation of pet insurance policies in Pennsylvania. Currently, there are no regulations for consumer protection for pet insurance. Dr. Munkittrick’s Testimony to the House Insurance Committee: Good morning, Chairman Boyle and Chairwoman Pickett and members of the House Insurance Committee. My name is Tom Munkittrick and I am the current President of the Pennsylvania Veterinary Medical Association (“PVMA”) and the Medical Director at VCA Willow Mill Animal Hospital in Mechanicsburg. I want to take this opportunity to thank you for allowing me to testify regarding our support for House Bill 660. PVMA supports the American Veterinary Medical Association’s Pet Health Insurance Policy. AVMA endorses the concept of pet health insurance that provides coverage to help defray the cost of veterinary medical care and encourages veterinary healthcare teams to proactively educate their clients about the existence of such resources. We recognize that viable pet health insurance programs may be an important approach for the veterinary profession to continue to provide high-quality veterinary services. Pet health insurance policies should include:
Allow me to speak about my experience with pet insurance in my veterinary practice. Small animal pet insurance is beneficial to my clients and patients, although a low percentage of clients use pet insurance. With the rising cost of pet care, pet insurance can offset many costs to clients, especially to our aging patients. Pet insurance can help by offsetting some or most of the costs of diagnosing, treating, and managing a pet’s illness or injury. However, every company’s plan is different between coverage and billing and most plans do not cover routine preventative care such as vaccines and heartworm preventative. Additionally, some plans do not cover the cost of a physical exam. An insurance provider should clearly spell out to individuals the details, including limitations and exclusions, of coverage for routine and/or wellness care, as well as emergency treatments and conditions that require extensive care. Furthermore, I have noticed that premiums can change due to demographics and patients’ age (town to town). Insurance companies can increase premiums up to 30% per year even without a claim the prior year. We encourage our clients to find out how their premiums will increase as their pets age or if they make any claims. We also encourage our clients to find out what charges, including co-pays, deductibles, add-on charges, and other fees may apply so they fully understand the policy and its limitations. I hope you have found my testimony helpful. Thank you again for the opportunity to testify and I am happy to answer any questions you may have for me. |
Letter to AVMA Supporting Title Recognition for Credentialed Veterinary Technicians The following letter was sent to the AVMA on September 19, 2023, in support of consistent titling when referring to credentialed veterinary technicians. September 19, 2023 American Veterinary Medical Association (AVMA) Dear AVMA Leadership, The Pennsylvania Veterinary Medical Association (PVMA) recognizes the initiatives of the AVMA, as highlighted by NAVTA. PVMA is also dedicated to the advancement and further evaluation of the credentialed veterinary technician paradigm. The recent letters to AVMA from NAVTA and AIMVT have outlined the numerous factors that affect this irreplaceable workforce within our profession. We are dedicated to enhancing the skills of credentialed veterinary technicians and empowering them to reach and exceed their full potential. We recognize that there is a lot of work to be done and PVMA is dedicated to taking on this task. It has been brought to the attention of the PVMA that there have been inconsistencies in how the AVMA acknowledges credentialed veterinary technicians in written communication. As an organization, we request that greater attention be given to this detail. Notably, the term “technician” is often used in isolation. This neglects the “veterinary” qualifier that recognizes the specialized education and skills these professionals possess. This simplification downplays the breadth of their skills and importance in the field of veterinary medicine. It does a disservice to the dedication and commitment they put into both their education and daily work. Registration for recent AVMA Conventions funneled credentialed veterinary technicians and veterinary assistants into the same registration pool. Their convention badges read the same, “Veterinary Technician.” This supports the pleas of our members who have voiced concerns. It suggests that the AVMA is visually comfortable grouping all paraprofessionals together, regardless of the commitment to an AVMA-accredited program and successful passing of the VTNE. AVMA is the organization that is responsible for the accreditation of technicians through the Committee on Veterinary Technician Education and Activities (CVTEA). It is expected that the designation would be clear in communication from the AVMA. The AVMA should be a leader in fostering the respect these professionals deserve by accurately acknowledging their role. PVMA urges you to take immediate action to correct these oversights. Moving forward, we request that communications and publications from AVMA consistently use the term “credentialed veterinary technician” according to the AVMA’s Policy of Veterinary Technology. For those who have not completed the education and obtained licensure through their states, we encourage the use of the term “veterinary assistant.” We also request that leadership take more initiative to inform members about the education that led to the development of CVTEA standards for the study of veterinary technology. This change is vital to accurately represent the financial and educational efforts these individuals have made to become a veterinary professional. These professionals deserve recognition for their essential contribution to the veterinary medical industry. As our world and the field of veterinary medicine continue to evolve, we are tasked to develop strategies to maintain the health of our profession. This letter, along with NAVTA’s and AIMVT’s letters, addresses the obstacles that our credentialed veterinary technicians endure. Fortifying and emphasizing the skills, respect, voice, and value of our credentialed veterinary technicians guarantees their continued dedication and longevity. The time has come for us to consistently recognize the value of credentialed veterinary technicians and to solidify their foundation within the veterinary profession. Best regards, Thomas W. Munkittrick, MS, DVM
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Pharmacy Updates
Proposed Compounding Rules – USP 797 and 795 (Comments due 10/24/23)
We realize that the transition to these updated standards can be complex and time-consuming. As we have in the past, the Board is planning a one-year implementation window. This means that licensees will have at least one year to come into full compliance with the updated standards (e.g., the Board will file the rule with a one-year delayed effective date). The earliest possible effective date for this rule change would be Spring 2024. If this is the case, the new standards would not be enforced until Spring 2025.
All comments on the proposed rule must be submitted electronically using this link: www.pharmacy.ohio.gov/USPrules
HISA Updates
HISA Submits Proposed Enforcement and Registration Rule Changes to FTC September 27, 2023 (Lexington, KY) – The Horseracing Integrity and Safety Authority (HISA) has submitted proposed changes to its Enforcement Rules (Rule Series 8000) and Registration Rules (Rule Series 9000) to the Federal Trade Commission (FTC) for review. Red-lined documents noting these proposed changes are available for download at the links below. The FTC will subsequently post the proposed rules to the public register for public comment. · DOWNLOAD: Redlined proposed changes – Enforcement Rules (Rule Series 8000) · DOWNLOAD: Redlined proposed changes – Registration Rules (Rule Series 9000) Until changes to the Enforcement Rules and Registration Rules are approved by the FTC, the previously approved version of these rules will remain in place. Those rules are available in full on HISA’s Regulations Page. HISA’s proposed changes to the Enforcement and Registration Rules were developed after dialogue with and feedback from racing participants across the country. Proposed redline changes to the Enforcement and Registration Rules were also published on HISA’s website for industry input. The proposed changes submitted to the FTC today were reviewed and approved by HISA’s Board of Directors. When and if these rule changes are approved by the FTC, HISA will undertake robust educational efforts to ensure horsemen nationwide are fully aware of these changes and well-equipped to comply with them before they go into effect. Proposed changes to HISA’s Racetrack Safety Program (Rule Series 2000) were submitted to the FTC for review last week, and proposed changes to HISA’s Anti-Doping and Medication Control Rules (Rule Series 1000, 3000, 4000, 5000, 6000 and 7000) are available now for industry and public input on HISA’s websiteand will be submitted to the FTC for review later this fall. About the Horseracing Integrity and Safety Authority When the Horseracing Integrity and Safety Act was signed into federal law, it charged the Horseracing Integrity and Safety Authority (HISA) with drafting and enforcing uniform safety and integrity rules in Thoroughbred racing in the U.S. Overseen by the Federal Trade Commission (FTC), HISA is implementing, for the first time, a national, uniform set of rules applicable to every Thoroughbred racing participant and racetrack facility. HISA is comprised of two programs: the Racetrack Safety Program, which went into effect on July 1, 2022, and the Anti-Doping and Medication Control (ADMC) Program, which went into effect on May 22, 2023. The Racetrack Safety Program includes operational safety rules and national racetrack accreditation standards that seek to enhance equine welfare and minimize equine and jockey injury. The Program expands veterinary oversight, imposes surface maintenance and testing requirements, enhances jockey safety, regulates riding crop use and implements voided claim rules, among other important measures. The ADMC Program includes a centralized testing and results management process and applies uniform penalties for violations efficiently and consistently across the United States. These rules and enforcement mechanisms are administered by an independent agency, the Horseracing Integrity and Welfare Unit (HIWU), established by Drug Free Sport International (DFS). HIWU oversees testing, educates stakeholders on the Program, accredits laboratories, investigates potential ADMC violations and prosecutes any such violations. MEDIA CONTACT Mandy Minger |