State Legislative Update Summer 2020

This State Legislative Update combines June, July, August and September 2020. For more information on bills and regulations, please contact Mr. Cody Corcelius, Policy Analyst, AVMA Division of State Advocacy ([email protected]).

Michigan considers bill to ban cosmetic surgeries to dogs Michigan is the latest state to introduce a bill that would ban cosmetic surgeries for dogs. MI HB 6009, introduced on July 23, would ban tail docking, ear cropping, devocalization, as well other cosmetic surgeries, unless the procedure was deemed therapeutic. Violators of the law would be subject to a civil fine up to $1,000.

Idaho, New York, and Virginia consider legislation regarding liability and response to COVID-19 As states continue to deal with the effects of Covid-19, discussion on limits to liability for certain sectors has become more prevalent in state legislatures. Idaho enacted ID HB 6 on August 28 to provide limited liability for businesses, cities, counties, and schools, if they were taking steps to prevent the transmission of Covid-19.

A bill (NY S 8837) considered last year in New York was reintroduced on July 27 to provide first responders with civil and criminal immunity when performing basic first aid to a dog or cat while responding to an emergency. Basic first aid would be limited to: opening and manually maintaining an airway, providing mouth-to-mouth or mouth-to-barrier ventilation, administering oxygen, managing ventilation by mask, controlling hemorrhaging with direct pressure, immobilizing fractures, bandaging, and administering naloxone allowed by law and as directed by a licensed veterinarian.

Meanwhile Virginia’s VA HB 5130 would compensate its essential workers at a rate not less than one and one-half times the employee's regular rate of pay for any hours worked during a State of Emergency declared by the Governor. It would also provide essential workers with personal protective equipment related to the state of emergency. The bill deems pet and feed stores as essential retail businesses. Similarly, Louisiana’s LA HB 70, which was enacted on July 13, added veterinary service staff to the list of essential critical infrastructure jobs.

Michigan and Nevada consider policy regarding telemedicine A bill in Michigan MI HB 6195, introduced on September 10, would codify the VCPR in statute and explicitly prohibit establishment of a VCPR through telehealth. Additionally, a regulation in Nevada (NV#091-20I), published on July 19, would establish telemedicine regulations for veterinary medicine and have dramatic implications for veterinarians in the state. The proposed regulation in Nevada would permit a VCPR to be established via telemedicine.

New Jersey bill would allow for animal court appointed advocates Following what seems to be a trend, a bill was introduced in New Jersey (NJ A 4533) on August 13 that would authorize a court, in certain criminal cases that affect the welfare or care of an animal, to appoint an advocate to represent the best interests of, and justice for, the animal. Advocates would also have

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access to and review all relevant records concerning the condition of the animal and the defendant’s actions, including, but not limited to, records from certified animal control officers, veterinarians and police officers.

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Animal Advocate / Court State Link Summary of Proposed Bill or Regulation Status Would authorize a court to appoint an advocate in certain criminal Introduced NJ A 4533 New Jersey cases that affect the welfare or care of an animal. 8/13/20 NJ S 2868 9/14/20

Ear Cropping / Tail Docking State Link Summary of Proposed Bill or Regulation Status Would prevent a Veterinarian from performing: 1. Tail Docking 2. Ear Cropping 3. Devocalization or debarking 4. Partial or complete onychectomy or phalangectomy including, but not limited to, the removal of the dew claw. 5. Tendonectomy. Introduced Michigan MI HB 6009 6. Any other surgical procedure that cosmetically or aesthetically 7/23/20 alters the physical condition or appearance of a dog for the ease of handling or keeping the dog or to conform to an established breed standard. A veterinarian may perform the procedures mentioned above if completed for a therapeutic purpose. An individual who performs the surgeries would be responsible for a civil fine up to $1,000.

Feral Cats State Link Summary of Proposed Bill or Regulation Status Would establish the Stray Animal Study Commission which would: 1. Identify and study stray animal and animal control issues in the State, including issues surrounding stray and feral cats colloquially referred to as “community cats” and “cat colonies,” and any funding shortfalls with regard to the issues identified; 2. Study, explore, and develop solutions to (a) stray animal or Introduced New Jersey NJ A 4504 animal control problems identified, and (b) problems in 8/10/20 municipalities concerning feral cats, community cats, or cat colonies; and 3. Provide recommendations for legal action, legislation, and possible funding sources address stray animal or animal control problems in the State, including, but not limited to, those associated with feral cats, community cats, or cat colonies.

Liability State Link Summary of Proposed Bill or Regulation Status Provides limited immunity from certain liability if: 1. Entities (businesses, cities, counties, schools) try to avoid Enacted Idaho ID HB 6 transmission; 8/26/20 2. Entities are not willfully or recklessly spreading COVID-19. 3 | P a g e State Legislative Update – Summer 2020

Would offer protection to entities complying with public health orders. Would: 1. Provide immunity from civil or criminal liability to: a. A certified first responder or emergency medical technician that renders basic first aid to a dog or cat while responding to an emergency; and b. Any licensed veterinarian that provides off-site instruction to any first responder providing basic first aid to a dog or cat; 2. Limit basic first aid performed on an animal to the following: Introduced New York NY S 8837 a. Opening and manually maintaining an airway; 7/21/20 b. Providing mouth-to-mouth or mouth-to-barrier ventilation; c. Administering oxygen; d. Managing Ventilation by mask; e. Controlling hemorrhage with direct pressure; f. Immobilizing fractures; g. Bandaging; and h. Administering naloxone allowed by law and as directed by a licensed veterinarian. Would require that following the declaration by the Governor of a state of emergency, employers will: 1. Compensate its essential workers at a rate not less than one and one-half times the employee's regular rate of pay for any hours worked during the closure order 2. Provide its essential workers with personal protective equipment Introduced Virginia VA HB 5130 related to the state of emergency and recommended for the 8/25/20 relevant work site or job task by the Department of Labor and Industry, the Department of Health, the U.S. Centers for Disease Control and Prevention, or the Occupational Safety and Health Administration. 3. Explicitly lists “pet and feed stores” as an essential retail business

Pet Stores State Link Summary of Proposed Bill or Regulation Status Would: 1. Prohibit animal rescue organizations, animal rescue organization facilities, pet shops, shelters, or pounds from obtaining a cat, dog, or rabbit from a breeder or broker in exchange for any type of compensation. Introduced New Jersey NJ A 4644 2. Require that, when first available for adoption, the animal be 9/14/20 examined by a veterinarian. The veterinarian would be required to establish an animal health history and issue an animal health certificate based on the examination that documents the name and address of the examining veterinarian and the health and condition of the animal.

Spaying / Neutering State Link Summary of Proposed Bill or Regulation Status Would establish a fund to provide grants to municipalities and counties to establish programs to humanely trap community cats, Introduced New Jersey NJ A 4399 sterilize, ear-tip, vaccinate against rabies, and return each community 7/16/20 cat to the location where the community cat was trapped.

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Telemedicine State Link Summary of Proposed Bill or Regulation Status Would: 1. Require a VCPR be established to provide telehealth services; Introduced Michigan MI HB 6195 2. In state of emergency or large-scale animal cruelty cases, would 9/10/20 permit licensure of veterinarians and veterinary technician to practice for 90 days if certain requirements are met. Would establish telemedicine services regulations for veterinary Proposed Nevada NV#091-20I medicine and allow establishment of a veterinarian-client-patient 6/19/20 relationship by telemedicine.

Veterinary Technicians State Link Summary of Proposed Bill or Regulation Status Adds veterinary service staff to the list of essential critical Enacted Louisiana LA HB 70 infrastructure sector jobs. 7/13/20