September 2024 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 2024 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

Arizona State Board of Veterinary Medical Examining BoardJuly 17, 2024 Minutes 

 

Veterinary Medical Board Inspections: August 20, 2024 Inspection Webinar 

Published: September 10, 2024 

 

______________________________

Notice of Proposed Action to Building Standards of the Department of Consumer Affairs – Veterinary Medical Board  

REGARDING THE 2025 CALIFORNIA BUILDING CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 2, CHAPTER 12  

(RULEMAKING FILE #DCA 01/24)  

Notice is hereby given that the Veterinary Medical Board (Board) proposes to adopt changes to building standards contained in the California Code of Regulations (CCR), Title 24, Part 2. The Board is proposing building standards related to veterinary premises. PUBLIC COMMENT PERIOD Reference: Government Code Sections 11346.5(a)(1), 11346.5(a)(15) and 11346.5(a)(17). A public hearing has not been scheduled; however, written comments will be accepted from August 23, 2024, until midnight on October 7, 2024.  

Comments may be submitted to the Board via: Email: Justin.Sotelo@dca.ca.gov US Mail postmarked no later than October 7, 2024: Veterinary Medical Board Attention: Justin Sotelo 1747 N. Market Blvd., Ste. 230 Sacramento, CA 95834  

Note: Only comments received in an accessible format will be viewable via the Board’s website. Any interested person, or his or her duly authorized representative, may request no later than 15 days prior to the close of the written comment period that a public hearing be held. The public will have an opportunity to provide written and oral comments regarding the proposed action on building standards at a public meeting to be conducted by CBSC to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be issued announcing the date, time, and location of the public meeting.  

 

POST-HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code Section 11346.5(a)(18). Following the public comment period, the Board may adopt the proposed building standards substantially as proposed in this notice or with modifications that are sufficiently related to the original proposed text and notice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly indicated, will be made available to the public for at least 15 days prior to the date on which the Board adopts, amends, or repeals the regulation(s). The Board will accept written comments on the modified building standards during the 15-day period.   

NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be notified of any modifications. 

AUTHORITY AND REFERENCE  

Reference: Government Code Section 11346.5(a)(2). The purpose of these building standards is to implement, interpret, or make specific the provisions of Business and Professions Code Sections 4853 and 4854. The Board is proposing this regulatory action based on Business and Professions Code Section 4808.  

INFORMATIVE DIGEST  

Reference: Government Code Section 11346.5(a)(3).  

Summary of Existing Laws and Regulations: The Veterinary Medical Board (Board) licenses, regulates, and investigates complaints against five different license categories in California, totaling approximately 44,000 licensees. These licensing categories include veterinary premises, veterinarians, university veterinarians, registered veterinary technicians (RVTs), and veterinary assistant-controlled substance permit (VACSP or permit) holders. It is the Board’s duty to enforce and administer the California Veterinary Medicine Practice Act (Chapter 11 (commencing with section 4800) of Division 2 of the Business and Professions Code (BPC) (Practice Act). The Board is authorized to establish reasonably necessary regulations for the enforcement of the Practice Act (BPC section 4808). Existing law requires all veterinary premises to be registered with the Board (BPC section 4853) and conform to the minimum standards established by the Board (BPC section 4854). Current regulations specify the requirements for the licensee manager (veterinarian), fixed veterinary premises, small animal fixed premises, small animal mobile clinics, and small animal vaccination clinics. Minimum practice management standards for veterinary premises are established under Article 4 of Division 20 of Title 16 of the CCR. Building standards associated with veterinary facilities (to be amended to “veterinary premises”) are established under Chapter 12 of Part 2, Title 24 of the CCR.  

SUMMARY OF EFFECT  

The Board has determined that some building standards associated with veterinary premises are currently contained under Title 16 of the CCR and some veterinary practice management standards are contained under Title 24 of the CCR. This proposal, along with a separate regulatory proposal by the Board, would ensure that building standards and related exemptions are only contained under Title 24 and that practice management standards are only contained under Title 16. This proposal also includes clarifying and organizational amendments to section 1251 of Chapter 12 of Part 2 of Title 24.  

 

DC Board of Veterinary Medicine July 18, 2024 Minutes 

Health Occupations Revision Act (HORA) Update 

  • DC Health worked on a significant revision of the HORA. This would be the first significant revision in seventeen years.  
  • The revised HORA received Mayoral approval and has been introduced in the Council as the Health Occupations Revision General Amendment Act of 2023 (B25-0545). 
  • This legislation received a hearing on December 7th. Over 80 witnesses, many of whom were healthcare professionals, signed up to provide testimony. DC Health’s Associate Director of Health Professional Licensing Boards provided testimony in support and answered questions from the Council.  
  • DC Health has been working on the Committee on Health following that hearing. A mark-up was held on March 21st, 2024. The legislation was passed unanimously by the Committee of the Whole on First Reading on April 2nd and on Second Reading on May 7th. The legislation was signed by the Mayor on May 29th, underwent Congressional Review, and became law July 19, 2024. 

Delaware Board of Veterinary MedicineAugust 13, 2024 Minutes 

 

Georgia State Board of Veterinary MedicineJune 26, 2024 Minutes 

 

Kansas Board of Veterinary Examiners June 2, 2024 Minutes 

 

Michigan Board of Veterinary Medicine June 20, 2024 Disciplinary Subcommittee Minutes 

 

Montana Board of Veterinary Medicine August 29, 2024 written and recorded minutes are available here. 

 

New Hampshire Board of Veterinary Medicine July 24, 2024 Minutes 

 

New Jersey State Board of Veterinary Medical ExaminersAugust 7, 2024 Minutes 

 

New Mexico Board of Veterinary Medicine July 31, 2024 Minutes 

North Carolina Veterinary Medical BoardJuly 11, 2024 Minutes 
North Carolina Veterinary Medical BoardAugust 19, 2024 Minutes 

 

Ohio Veterinary Medical Licensing BoardJuly 10, 2024 Minutes 

 

Oregon Veterinary Medical Examining Board – Meeting minutes recorded 

June 13-14, 2024 VIDEO Part 1 
June 13-14, 2024 VIDEO Part 2 

South Carolina Board of Veterinary Medical Examiners June 13, 2024 Minutes 

 

Virginia Board of Veterinary Medicine July 8, 2024 Veterinary Shortage Study Workgroup Minutes 

LVT Scope of Practice Subgroup 

 

Discussion Consideration of practice expansion: The subgroup discussed the need to utilize licensed veterinary technicians (LVTs) to the full extent of their current scope of practice, and to provide education to veterinarians about the benefits of LVTs to the large animal veterinary community. Veterinarians may not understand how an LVT can assist in a large animal practice despite general interest in using one. An LVT’s role in revenue generation was discussed as utilizing an LVT often results in significant financial benefits by allowing veterinarians to increase service capabilities and geographic ranges. Broadly communicating the full capabilities of LVTs may also serve as a recruiting tool to increase the number of large-animal veterinary technicians. Certification/Training Programs: Most training for veterinary technology students is not large-animal based and the subgroup discussed the need to make more large-animal training available to veterinary technology students. The low ratio of LVTs to licensed veterinarians in Virginia was also discussed. Alternate educational pathways were considered, including transferrable credits from agricultural classes and the feasibility of integrating LVTs into Animal Sciences educational programs, which could be promoted as alternate educational pathways. Raising younger students’ interest in veterinary technology through a high-school veterinary assistant program provides students with an early pathway. A program should focus on creating a viable career path. Currently, 28 4-year schools offer a bachelor’s degree in veterinary technology. Lincoln Memorial University has a master’s LVT program that may develop into a mid-level practitioner program. Similar programs are being developed in Colorado and Florida. At the same time, there are available seats at LVT schools and a shortage of LVTs in practice. The VALVT’s practice questionnaire received five responses from large animal practice LVTs, only three of whom were currently practicing. Other challenges: The subgroup discussed considerations in considering a career as a licensed veterinary technician, including salary ranges, which for LVTs may be half the salary of a nurse with the same level of education. The subgroup discussed what Dean Givens termed LVTs’ “branding issue” as The title “technician” is used synonymously within the veterinary community whether it is a licensed technician or an unlicensed assistant. Dr. Murphy offered that the practice of veterinary technology should be considered an integral part of the patient care team rather than a lesser veterinary medical profession Senator French pointed to the need to develop a sustainable career path to address shortages in certain geographic areas. He noted that the role of food animal veterinary technician may be a difficult option to present to current potential students because most have never been exposed to agricultural settings. Another consideration is that LVT programs do not currently offer rolling enrollment, which may create a barrier. Challenges to the efforts to increase LVTs are impacted by their higher workloads, lower salaries, and higher educational prerequisites that students may not be prepared to meet. The subgroup discussed ways to increase educational outreach at the middle and high school levels to advise students on taking prerequisites for veterinary technology education. Vocational agricultural organizations such as Future Farmers of America (FFA) and 4H have an opportunity to introduce veterinary technology to a younger population. Dr. Murphy reported the Department of Health is working with the Department of Education (DOE), to use modules to educate children about occupational health, and a stated module featuring LVTs could be created for it. Resources within the Virginia Cooperative Extension, DOE, and the FFA were identified for additional information. College coaches, who are employed by community colleges to work in high schools could include information about an LVT career path when coaching students. The subgroup discussed initiating outreach efforts with the directors of three primary LVT schools in Virginia. The following Action Items were developed:  

ACTION ITEM: Dr. Murphy will reach out to Dr. Gutter and the Virginia College Advising Corps to provide veterinary technology information.  

ACTION ITEM: Dean Givens will reach out to LVT programs to coordinate outreach efforts. Next Steps: The subgroup agreed to meet again in early September to review the additional information gathered to present a comprehensive data overview to the Workgroup during its next meeting projected for early October 

VMAs

Arkansas Veterinary Medical Association 

July 2024 Newsletter

 

Navigating the VCPR: Do’s and Don’ts for Compliance 
August 21, 2024 

Often the veterinary client-patient relationship (VCPR) is mentioned as a requirement to provide care for an animal or a group of animals. What can a veterinarian do within the existing VCPR and what should a veterinarian avoid within the existing VCPR? 

VCPR Do’s 

  • Examine a patient or group of animals every 12 months or provide medically appropriate and timely visits by the veterinarian to the location where the patient is kept. 
  • Owner agrees to follow the veterinarian’s instructions. 
  • Client has given informed consent to the veterinarian’s recommendations.
  • Prescribe and dispense medications. 
  • Must provide upon request a written prescription. 
  • Maintain Medical Records and provide them in a readily retrievable form. 
  • Assume responsibility to make decisions for the patient. 
  • Determine diagnostic and treatment plans. 
  • Can make a prognosis. 
  • Veterinarian is readily available for follow-up care or consultation OR has arranged for emergency coverage AND continuing care and treatment by another licensed vet (Original vet must provide a copy of associated records during normal business hours.) 
  • Practice telemedicine with an established VCPR. 

VCPR Don’ts 

  • Don’t assume all the animals that belong to the owner are covered under your VCPR. If an owner has a dog and a cat, but the veterinarian has only seen the dog – the VCPR does not extend to the cat. 
  • Do not practice telemedicine without a VCPR. 
  • Do not write a health certificate without a VCPR. 
  • Do not assume other veterinarians in the hospital can make decisions for your patient –leave meticulous orders that your colleagues can follow. 

 

The Louisiana Veterinarian  

Vol. 34 No.3 – Qt 3 – 2024 

 

Pharmacy Updates

Veterinarian-client-patient relationships, Prescribing/Dispensing Animal Drugs and Telemedicine 

Federal Requirements Relevant to Aspects of Veterinary Practice 

 The FDA has received questions from interested parties about Federal requirements related to a veterinarian’s role in dispensing prescription animal drugs and to the establishment of a veterinarian-client-patient relationship (VCPR) in the course of practice. The following Q&As only cover the veterinarian’s obligations under Federal law. Veterinarians should also consult their state licensing boards to determine if there are additional requirements at the state or local level.  

What is a veterinarian’s role in dispensing prescription animal drugs? 

Federal law requires a veterinarian’s involvement to ensure that prescription animal drugs are used safely. Section 503(f) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) states that prescription animal drugs can only be dispensed by or on the lawful order of a licensed veterinarian in the course of their professional practice.  An animal prescription drug is one that is not safe for use except under the professional supervision of a licensed veterinarian because of its toxicity or potential for harmful effects, or because of the way it is used or other measures necessary for its use, or because the drug approval limits the drug to use under the professional supervision of a licensed veterinarian.   

What does “dispensed by or on the lawful order of” mean? 

In each instance, prescription animal drugs must be “dispensed by or upon the lawful written or oral order of a licensed veterinarian in the course of the veterinarian’s professional practice.” In addition to administering a drug at their practice or on-site, a veterinarian may dispense a prescription animal drug directly to the animal owner/caretaker (client) with appropriate directions for use, or issue an order, in a manner consistent with applicable Federal and State requirements, authorizing that a prescription animal drug be dispensed to an animal owner/caretaker (client) with appropriate directions for use.  

What is meant by professional supervision or oversight? 

As part of the animal drug approval process, certain animal drug products are designated as prescription products because, among other reasons, the FDA determined that the product could not be safely used without the supervision or oversight of a licensed veterinarian. Although the specific nature of the safety concern may vary by animal drug product, the underlying premise is that a licensed veterinarian has the necessary expertise and training to provide directions for the safe use of the product. Therefore, when a prescription animal drug is dispensed (or is authorized to be dispensed), the FDA’s expectation is that the dispensing/authorizing veterinarian takes appropriate steps to ensure that such directions for safe use are provided/conveyed. 

States may have additional or more specific requirements. You can consult your state licensing board for more information about state-specific requirements.  

Can someone other than a licensed veterinarian dispense a prescription animal drug? 

Given current Federal law and regulations, a licensed veterinarian’s direct involvement and oversight is required.  As part of a team approach to veterinary medicine, a licensed veterinarian, in the course of their professional practice, may direct staff, such as veterinary technicians, to dispense prescription animal drugs. Such directions to staff are consistent with the requirement that a prescription animal drug be “dispensed by or upon the lawful written or oral order of a licensed veterinarian in the course of the veterinarian’s professional practice.”  However, Section 503(f) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) states without a lawful written or oral order of a licensed veterinarian, it would be unlawful for anyone other than a licensed veterinarian to dispense prescription animal drugs.   

What is a veterinarian’s role in extralabel use? 

Extralabel use is when an approved animal drug is used in a manner that differs from the labeled directions or an approved human drug is used in animals. For example, extralabel use may be at a different dosage, in a different species, or to treat a different disease. The FD&C Act authorizes the extralabel use of approved drugs in animals under certain conditions. One condition is that such use is by or on the lawful order of a licensed veterinarian within the context of a valid veterinarian-client-patient relationship (VCPR). FDA regulations at 21 CFR 530.3(i) set out the definition of a valid VCPR. 

A veterinarian must have an established VCPR to prescribe the extralabel use of approved animal or human drugs, and to issue a Veterinary Feed Directive (VFD) for a VFD drug. 

States may have additional requirements. You can consult your state licensing board for more information about state-specific requirements. 

  • For the extralabel use of approved animal or human drugs, the veterinarian must have a VCPR as defined in federal regulations at 21 CFR 530.3(i).  
  • For a VFD drug, a veterinarian must issue the VFD in the context of a VCPR as defined by the State. However, if the State VCPR requirements do not include the key elements of a valid VCPR as defined in 21 CFR 530.3(i), the veterinarian must issue the VFD in the context of a valid VCPR as defined in federal regulations. See Does the State or Federal VCPR Definition Apply to a Lawful VFD in my State? 

Is a VCPR required when approved animal drugs are used on label? 

Federal law requires that a licensed veterinarian have an established VCPR to prescribe the extralabel use of approved animal or human drugs, and to issue a Veterinary Feed Directive (VFD) for a VFD drug. Although Federal law does not establish specific VCPR requirements related to the on-label use of approved animal drugs, you should consult your state licensing board for more information about state-specific requirements.  

Can a Veterinarian-Client-Patient Relationship be established through telemedicine? 

The federal VCPR definition (21 CFR 530.3(i)) includes the following requirement: “The practicing veterinarian is readily available for follow-up in case of adverse reactions or failure of the regimen of therapy. Such a relationship can exist only when the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal(s) by virtue of examination of the animal(s) and/or by medically appropriate and timely visits to the premises where the animal(s) are kept.” Therefore, for the purposes of the federal definition, a valid VCPR cannot be established solely through telemedicine (e.g., photos, videos, or other electronic means that do not involve examination of the animal(s) or timely visits to the premises). However, once a VCPR is established, telemedicine can be a useful tool for maintaining the VCPR.