January 2019
AVMA State Legislative Update: 2018 Annual Report
As a service to assist associations in tracking emerging policy trends that are important to the veterinary profession, the AVMA Division of State Advocacy sent more than 1,500 legislative and regulatory alerts in 2018 to state and allied veterinary medical associations.
The focus of legislation covered a wide range of topics, including animal cruelty, non-economic damages, pharmaceutical issues, scope of practice, and zoonotic disease.
With respect to animal welfare, hundreds of proposals pertaining to animal abuse, cruelty, neglect, tethering, unattended animals, hoarding, and proper living conditions were considered by policymakers. Not one of the six states that considered establishing registries for animal abusers passed such a measure.
➢ California became the first state in the county to prohibit pet store operators from selling a dog, cat, or rabbit unless the animal is obtained from a public animal control agency or shelter, humane society shelter, or rescue group. ➢ New Jersey became the first state in the country to ban elephants and other exotic animals from traveling performances. This new law defines exotic animals as any species of mammal, bird, reptile, amphibian, fish, mollusk, or crustacean that is not indigenous to the state. ➢ Lawmakers in seven states introduced measures to encourage law enforcement and good Samaritans to assist animals trapped in vehicles during extreme heat or cold. Two such states, Louisiana and Pennsylvania, enacted laws that do not hold people liable for damage done to vehicles while rescuing animals in apparent distress. ➢ California and Wisconsin legislatures enacted new laws allowing emergency medical service providers to provide pre-veterinary emergency care to a dog or cat if the provider has received commensurate training and exempting these providers from any civil liability that could arise from providing such care.
Although none were enacted, several state legislatures considered bills banning certain elective procedures.
➢ California, Michigan, Rhode Island, and West Virginia rejected measures that would have prohibited the declawing of cats and other animals except for documented therapeutic purposes. ➢ Legislation in Michigan and New York would have required that surgical devocalization only be performed by a licensed veterinarian when it was medically necessary to treat or relieve a physical illness, disease, or injury, or to correct a congenital abnormality suffered by the animal. ➢ In New York and South Carolina, legislation would have prohibited anyone other than a licensed veterinarian from piercing, tattooing, or cropping the ears of a companion animal unless the procedure provided for the identification of the companion animal or provided a medical benefit to the companion animal.
Access to compounded medications was a hot topic in 2018. At least two states enacted new laws or regulations that, in general, allow veterinarians to maintain and dispense a limited supply of compounded preparations to a client from office stock under certain circumstances (e.g., the patient’s health is at risk).
➢ In Virginia, a new law allows a veterinarian to dispense a compounded drug, distributed from a pharmacy, when the quantity dispensed is no more than a 7-day supply. ➢ In Illinois, a new regulation allows a pharmacy to compound sterile and nonsterile products for veterinary office use. A veterinarian can dispense up to a 7-day supply of a compounded
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veterinary medication, initially intended for office use, to a client with whom the veterinarian has a veterinarian-client-patient-relationship.
In a continued response to educate practitioners about the dangers of opioids, five states introduced legislation to amend continuing education requirements (CE) for veterinarians. Illinois, Indiana, Maine, and North Carolina now require veterinarians to complete CE on the administration, prescription, and management of controlled substances. Louisiana enacted a law that exempts veterinarians from the CE requirements pertaining to controlled substances.
Related to the medical uses of marijuana, a new law in California requires the Veterinary Medical Board to establish guidelines outlining how veterinarians can legally discuss the use of cannabis in animal patients. However, a bill that failed to advance in New York would have allowed veterinarians to use medical marijuana to treat animal patients.
Legislation allowing courts to award noneconomic damages—such as for a loss of companionship or emotional distress in litigation involving animals—was considered by Florida, Massachusetts, New Jersey, and New York.
Responding to the nationwide opioid crisis, policymakers considered measures to establish and change prescription drug monitoring programs (PDMPs) and to limit how opioids are prescribed.
At least 17 states proposed modifying current PDMPs and 10 states successfully passed PDMP legislation.
➢ Legislation in Missouri, the lone state lacking a PDMP in 2018, once again failed to establish a statewide PDMP.
➢ In Alabama, a new law removes veterinary medical practitioners from the definition of a practitioner listed in the Controlled Substances Prescription Database statute.
➢ In Indiana, a new law requires veterinarians to obtain patient information from the database before prescribing an opioid or benzodiazepine.
➢ In Louisiana, a new law exempts veterinarians from the query requirement prior to prescribing an opioid.
➢ In Maine, a new law exempts a veterinarian from reporting information to the prescription monitoring program if they dispense an opioid medication or a benzodiazepine in an amount to be used during a period of 48 hours or less.
➢ In North Carolina, a new law removes licensed veterinarians from the definition of a practitioner and reclassifies them as a “dispenser” when that person dispenses any Schedule II-V controlled substances. Under this new law, a licensed veterinarian is not required to query the state’s controlled substance reporting system before issuing a controlled substance prescription.
➢ In Virginia, a new law exempts veterinarians from reporting information to the prescription monitoring program if they dispense a controlled substance for 7 days or less.
➢ In Wyoming, a new law requires veterinarians to enroll in the controlled substance prescription tracking program if that they are authorized to dispense any Schedule II-V controlled substance.
Scope-of-practice for veterinarians and other animal-related providers was an area of debate in several states.
➢ A California bill would have allowed a supervised physical therapist to provide animal physical rehabilitation to an animal if certain conditions were met, including a requirement that the physical
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therapist work under the supervision of a veterinarian who had established a veterinarian-client- patient-relationship with the animal.
➢ In Colorado, a new law removes the requirement that licensed chiropractors, registered to perform animal chiropractic, obtain a veterinary medical clearance by a licensed veterinarian if animal chiropractic is performed under the direct, on-premises supervision of a licensed veterinarian.
➢ In Nebraska, a new law exempts cat, dog, and equine massage from the practice of veterinary medicine and defines this practice as the application of hands-on massage techniques to increase circulation, relax muscle spasms, relieve tension, enhance muscle tone, and increase range of motion in these animals.
➢ In Tennessee, a new law allows the Department of Health to issue an animal massage therapy certification to any person that completes at least 50 hours of training in anatomy, physiology, kinesiology, and pathologies and successfully passes a test on a person’s aptitude in preventing a delay of care to animals.
➢ An Arkansas Veterinary Medical Examining Board regulation created a certification program for non-veterinarian embryo transfer technicians.
➢ Florida, Indiana, Massachusetts, Utah, and Washington rejected measures pertaining to licensure for non-veterinarian equine dentists.
➢ Massachusetts, New York, and Rhode Island rejected measures pertaining to licensure or certification of pet groomers.
The Kentucky legislature overturned a governor’s veto of a bill that would impose a 6% tax on the gross receipts of small animal veterinary services. However, equine and food animal veterinary services are exempt from this sales tax provision.
Telemedicine and the impact technology has on veterinary practice and the veterinarian-client-patient relationship (VCPR) culminated in the introduction of bills in Florida, Georgia, and Virginia; a regulation in Oregon; and guidelines in Colorado.
➢ A Florida bill failed to advance through the legislature that would have defined veterinary telemedicine and amend the definition of a VCPR.
➢ In Georgia, a new law clearly defines a VCPR to exist when all conditions outlined in the law are met and that a VCPR cannot be established solely by telephone, computer, or other electronic means.
➢ In Virginia, a new law allows a veterinarian, who performs or has performed an appropriate examination of a patient, to prescribe certain controlled substances to a patient via the practice of telemedicine.
➢ The Oregon Veterinary Medical Examining Board proposed a regulation that would stipulate that veterinary telemedicine may only be practiced by a licensed veterinarian under a valid VCPR. This regulation would require veterinary telemedicine only be used to the extent possible to make an appropriate diagnosis and create a treatment plan without a physical exam.
➢ The Colorado State Board of Veterinary Medicine finalized guidelines which require a veterinarian to be licensed in the state to evaluate or treat patients located within Colorado utilizing telehealth technologies. The guidelines allow a VCPR to be established using telehealth technologies so long as the relationship is established in conformance with generally accepted standards of practice. A veterinarian is prohibited from issuing a prescription based solely on an online questionnaire as this does not constitute an acceptable standard of care. 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
With respect to veterinary technicians, Ohio and Tennessee considered bills that would have changed the professional title of veterinary technician to veterinary nurse. A regulation in the District of Columbia would have prohibited any person from practicing as a veterinary technician unless they were certified or authorized. When a veterinary technician was certified, they would be able to refer to themselves, or be referred to, as a “veterinary nurse.”
Written prescriptions continued to be a focus for at least two states:
➢ In California, a new law requires a veterinarian to offer to provide consultation to the client for each medication prescribed each time a veterinarian initially prescribes, dispenses, or gives a client a prescription medication in an outpatient setting.
➢ In Hawaii, legislation would have required veterinarians to provide an owner, upon request and free of charge, a copy of any prescription that the veterinarian had previously prescribed to an animal.
Notable court cases:
➢ On June 21, 2018, the U.S. Supreme Court ruled in South Dakota v. Wayfair that states can implement laws requiring online retailers to collect sales tax and provides much-needed sales tax parity between online and brick-and-mortar retailers. AVMA joined an amicus brief in the November 2017 case and continues to push the U.S. Congress to pass e-fairness legislation (S 976, HR 2193).
2018 Summary of State Legislation
Below is a chart summarizing major legislation considered and enacted during 2018. The summaries provided are an analysis by AVMA staff. Bill text can be accessed by clicking on the links provided for each bill number.
Animal Abuse / Cruelty
State Citation / Summary of Proposed Bill or Regulation Status Link Arizona SB 1295 This new law adds these acts to the crime of animal cruelty, Signed into intentionally or knowingly: law on 1. Subjects a domestic animal to cruel mistreatment; or 4 / 17 / 18 2. Kills a domestic animal without either legal privilege or consent of the domestic animal’s owner or handler. Connecticut HB 5355 Would have: Sine Die- 1. Established certain requirements for what constitutes Failed adequate shelter for a dog during adverse weather conditions; and 2. Required access to water, light, and space to move around or sit comfortably. Delaware SB 209 Would have amended multiple provisions of the Criminal Code Sine Die- to include: Failed 1. Defining the offense of bestiality; 2. Stating that a person commits animal cruelty if he or she: a. Subjects an animal to cruelty; b. Subjects an animal in the person’s custody to cruelty by neglect; c. Kills or injures an animal belonging to another person without legal privilege, justification, or consent of the other person; and 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
d. Knowingly facilitates or promotes animal fighting or baiting. 3. Providing a justification defense for law enforcement officers that remove unattended animals from a motor vehicle if: a. An animal is confined in a vehicle under conditions likely to cause suffering, physical injury, or death; b. The person uses reasonable means to contact the animal’s owner; and c. The owner cannot be reached, the person leaves written notice on the motor vehicle containing the person’s name, office, and the address of the location where the animal can be claimed. Delaware SB 216 Would have added to the crime of cruelty to animals: Sine Die- 1. Failure to provide enhanced shelter; and Failed 2. A third or subsequent violation of the shelter requirements. Would have required: 1. Dogs be provided with enhanced shelter if the dog is outdoors for more than 30 minutes between the hours of 11p.m. and 6a.m. or when the temperature is below 32°F or above 90°F; 2. Outdoor housing facilities and enhanced shelters provide clean and moisture-resistant bedding material and protection from wind; and 3. Food and water that does not freeze. Enhanced shelter included the following: a. Minimum space requirements, b. Heat when the temperature is below 32°F, c. Fresh, circulating air when the temperature is above 90°F Would have prohibited cages, crates, and carriers, intended for travel or short-term temporary confinement, to be used as outdoor housing facilities. Hawaii HB 2072 Would have charged a person with animal cruelty if he or she Sine Die- tethered, fastened, tied, or restrained a dog to a stationary Failed object, or uses a trolley, pulley, cable, or running line designed to attach a dog to two stationary objects: 1. If the dog is under the age of six months unless the dog is engaged in a supervised activity; 2. In a configuration that entangles or endangers the dog or prevents the dog from obtaining necessary sustenance; 3. If the tether is shorter than five times the length of the dog's body, as measured from the tip of its nose to the base of its tail, unless the dog is engaged in a supervised activity; 4. If the restraint is a tow or log chain or is disproportionate to the size or weight of the dog such that the restraint inhibits the free movement of the dog within the area allowed by the tether; or 5. By means of a choke collar, pinch collar, or prong collar, provided that a person is not prohibited from using one of these collars when walking a dog with a hand-held leash or while a dog is engaged in a supervised activity. Hawaii SB 2014 Would have: Sine Die- 1. Required a police commission to establish a training Failed program that includes courses on how to identify and investigate animal abuse; 2. Prohibited any person convicted of first-degree animal cruelty from being employed or volunteering at an animal 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
shelter, pet store, animal breeder, zoo, or aquarium while the person is required to comply with registration requirements; and 3. Prohibited any person convicted of second-degree animal cruelty from possessing or owning any pet or equine animal or having employment or serving as a volunteer at an animal shelter, pet store, animal breeder, zoo, or aquarium while the person is required to comply with the registration requirements. Illinois HB 4971 / Would have: Sine Die- HB 5667 1. Allowed the Department of Agriculture to create and Failed maintain an animal abuse registry; and 2. Required any person, 18 years of age or older, that resides in Illinois to register with the Department if he or she has been convicted of animal cruelty or torture. Indiana HB 1094 Would have: Sine Die- 1. Charged a person with animal cruelty, a Class A Failed misdemeanor, if he / she recklessly, knowingly, or intentionally abandons or neglects the animal by failing to provide the animal with adequate shelter and minimum care; 2. Required a tethered dog to be attached to a harness or non-choke collar designed for tethering, and the tether must be free from entanglement to allow free movement of the full length of the tether; and 3. Allowed dog tethering only: a. Pursuant to the requirements of a camping or recreational area; b. If during the hours of 10p.m. to 6a.m., for a period no longer than necessary for a person to complete a task, but not to exceed 1 hour; or c. During the course of reasonable and legal conduct that is directly related to the business of shepherding, herding cattle, or livestock, or an agricultural operation, if the restraint is reasonably necessary for the safety of the dog. Iowa HF 2468 / Would have: Sine Die- SF 421 1. Prohibited the mistreatment of certain animals, including Failed dogs and cats, but would exclude other animals (such as livestock game, fur-bearing animals, fish, reptiles, or amphibians) unless the animal is owned, confined, or controlled by a person; 2. Amended three different criminal offenses including animal abuse, neglect, and torture; and 3. Created the criminal offenses of animal abandonment and endangerment. Louisiana HB 121 Would have specified that the following examples of tethering Sine Die- are considered inhumane, cruel, or detrimental to the animal’s Failed welfare: 1. Using restraint less than ten feet in length, or less than five times the length of the dog's body from tip of nose to base of tail, whichever is greater; using a restraint that causes injury or pain to the dog because of the material of which it is made or because of the size or weight of the restraint; or using a restraint that weighs more than one-eighth of the dog's body weight.
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2. Tying, tethering, or restraining the dog in any area where there is an accumulation of feces, insect infestation, rodent infestation, foul odor, or another unsanitary or dangerous condition within the radius of the restraint. 3. Tying, tethering, or restraining the dog in a way that restricts the dog from easily standing, sitting, lying down, turning about, and making all other normal body movements in a comfortable, normal position for the dog. 4. Tying, tethering, or restraining the dog in an area likely to cause injury or pain to the dog because of entanglement or because of surrounding structures. 5. Tying, tethering, or restraining the dog in an area that allows the dog to cross the property line of the property on which it is tethered. 6. Tying, tethering, or restraining the dog in a manner that exposes the dog to extreme weather conditions. Louisiana SB 160 This new law prohibits the tying, tethering, or restraining of any Signed into animal in a manner that: law on 5 / 15 / 1. Is inhumane, cruel, or detrimental to the animal’s welfare; 18 2. Exposes a dog or cat to extreme weather conditions, including any of the following: a. The actual or effective outdoor temperature is below 32 °F or above 95 °F. b. A heat advisory has been issued by a local or state authority or jurisdiction for the area in which the dog or cat is tied, tethered, or restrained. c. A hurricane, tropical storm, severe weather, or tornado warning has been issued by the National Weather Service for the area in which the dog or cat is tied, tethered, or restrained. Maryland Dept of Ag This new regulation: Finalized on / 18-259 1. Requires a veterinarian who reasonably believes a treated 12 / 21 / 18 animal has been subjected to animal cruelty to promptly report the suspected cruelty to the appropriate law enforcement agency; 2. Specifies that a veterinarian’s report include the following information: a. Animal’s name, age, and location; b. Name and home address of the animal’s owner or custodian; c. Nature and extent of the suspected animal cruelty; and d. Any other information that would help determine the cause of the suspected animal cruelty or identity of any responsible individual 3. Provides a veterinarian with civil and criminal immunity if they report a suspected incident of animal cruelty in good faith. Massachusetts H 4321 Would have: Sine Die- 1. Allowed the Director of Animal Health to establish Failed mandatory training programs for all municipal animal inspectors; 2. Specified that such training shall be designed to ensure inspections are conducted on a consistent basis; 3. Educated inspectors on matters including, but not limited to, animal welfare, nutrition, neglect, and abuse; and 4. Required every inspector to complete such training each year. 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
Massachusetts H 4565 Would have: Sine Die- 1. Allowed a department employee to report instances of Failed known or suspected animal cruelty, abuse, or neglect to investigatory entities; 2. Prohibited any person that takes and possesses birds, reptiles, amphibians or mammals from putting an animal to death by drowning; 3. Prohibited an insurance company from refusing to issue or charge an increased premium for homeowner’s insurance if the person harbors a specific dog breed on the property; and 4. Prohibited a person from activities involving sexual contact with an animal. Mississippi HB 1055 Would have: Failed on 1. Expanded the offense of simple animal cruelty to include 1 / 30 / 18 intentional or criminally negligent deprivation of food, water, or adequate shelter; and 2. Expanded the offense of aggravated animal cruelty to include intentionally suffocating, drowning, or starving an animal to death. Mississippi SB 2474 Would have created the Mississippi Companion Animal Abuse Failed on Registry Act and required the Mississippi Bureau of 2 / 27 / 18 Investigation to post a publicly accessible list on its website of any person convicted of an animal abuse offense on or after January 1, 2019. Mississippi SB 2934 This new law amends the crime of dog fighting to include Signed into owning, possessing, buying, selling, transferring, or law on manufacturing paraphernalia for the purpose of engaging in or 4 / 4 / 18 otherwise promoting or facilitating such a fight. Any person convicted of dog fighting faces no less than 1 year in prison, per dog, but no more than 25 years. Missouri HCB 16 Would have required an individual or organization seeking to Sine Die- train peace officers in responding to animal neglect and abuse Failed reports to submit all training materials related to: 1. Animal care to the State Veterinarian for review and approval; and 2. Criminal offenses involving animals to the Department of Public Safety for review and approval. New Jersey A 719 / Would: Introduced S 278 1. Allow for the establishment and implementation of an 1 / 9 / 18 animal abuser registry system that would require the continuing registration of animal abuse offenders and allow (Still in for the public disclosure of certain information pertaining to session) those offenders; and 2. Require registration for any person convicted of an enumerated animal abuse offense who maintains, establishes, or re-establishes a primary residence or secondary residence in this State or who is otherwise physically present in the State for more than 14 consecutive days or a period exceeding 30 days in a calendar year. New Jersey A 2686 Would: Introduced 1. Establish continuing education course requirements for 2 / 1 / 18 certified animal control officers or animal cruelty investigators; and (Still in 2. Require each officer to complete 15 contact hours of session) approved continuing education courses each year. 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
New Jersey A 3133 / Would: Introduced S 3046 1. Define trunk fighting as the practice of enclosing two or 10 / 15 / 18 more animals in the trunk of a motor vehicle for the purpose of the animals attacking each other, and possibly (Still in fighting until one or more of the animals are dead; and session) 2. Prohibit any person from engaging in, facilitating, or providing the means to engage in trunk fighting. New Jersey A 3751 Would: Introduced 1. Clarify that piercing or tattooing an animal constitutes 4 / 5 / 18 unnecessary mutilation for the purposes of existing animal cruelty offenses; (Still in 2. Allow animal piercing or tattooing if it: session) a. Provides a medical benefit to the domestic companion animal and is performed by a licensed veterinarian or under the veterinarian’s supervision; b. Is done in conjunction with a medical procedure for the benefit of the domestic companion animal; c. Is done to indicate that a medical procedure has been performed on the animal, and is not for cosmetic purposes; or d. Is done for the purpose of identification of the domestic companion animal and is not for cosmetic purposes, and the tattooing or piercing includes only such numbers, letters, or symbols used in the regular course of a system of identification. New Jersey A 3762 / Would: Introduced S 2242 1. Find a person guilty of animal hoarding if he or she 4 / 5 / 18 possesses too many animals and fails to provide necessary care for all the animals and, due to this failure, at least (Still in some of the animals experience death, bodily injury, or session) other serious adverse health consequences; 2. Specify that animal hoarding is a fourth-degree crime; 3. Hold that the number of animals a person possesses shall not be determinative of whether there has been a violation of this section, but may be considered as a factor in determining whether animals have been provided necessary care; and 4. Allow a court to order a person convicted of this crime to receive a mental health evaluation by a licensed psychologist named by the court, and subsequent mental health counseling if warranted by the evaluation. New Jersey A 3856 / Would: Introduced S 2165 1. Create a new framework of existing and new offenses 5 / 7 / 18 designated as animal neglect, aggravated animal neglect, extreme animal neglect, animal abuse, and (Still in aggravated animal abuse; session) 2. Increase criminal penalties for several existing offenses; and 3. Establish additional criminal penalties, including community service, mental health counseling, restitution, confiscation of animals, and prohibitions on future ownership of animals. New Jersey A 4099 / Would: Introduced A 4114 / 1. Prohibit any person found guilty of animal cruelty from 6 / 4 / 18 S 381 owning an animal; 2. Direct the Department of Health and Senior Services to (Still in establish a readily identifiable location on the session) 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
Department’s website where any member of the public may access the list of such violators; 3. Direct the Department to confirm there are no changes to the online list or update the online list at that location at least every 30 days; and 4. Direct the Department to issue to each municipal clerk, and to each kennel, shelter, pound, and pet shop known to the department, as soon as practicable, a notice in writing with information about the list and how it can be accessed. New Jersey A 4157 / Would: Introduced S 2674 1. Revise the standard that must be met to authorize the 6 / 11 / 18 warrantless seizure of an animal at risk; and 2. Insert language, “has a reasonable basis to believe that (Still in the animal is at risk of imminent harm due to a violation . . session) . and requires immediate assistance to protect or preserve the animal’s life or prevent serious injury to the animal.” New Jersey A 4298 / Would find a person guilty of abandoning an animal if they Introduced S 2159 relinquish possession of the animal and knowingly leave a 6 / 30 / 18 domesticated animal: 1. In a public place where the animal may die, and the animal (Still in is maimed, sick, infirm, or disabled; or session) 2. In a place beyond the control, custody or possession of the owner or the person relinquishing possession of the animal. New Jersey A 4698 / Would: Introduced S 3146 1. Define dog fighting paraphernalia to mean equipment, 11 / 26 / 18 products, implements, and materials of any kind that are used, intended for use, or designed for use in the training, (Still in preparation, or conditioning of a dog for fighting, or in session) furtherance of dog fighting; 2. Find a person guilty of dog fighting if he or she owns, buys, sells, or manufactures dog fighting paraphernalia; 3. Specify that when a court is determining if an object is dog fighting paraphernalia, a judge or jury may consider: a. The proximity of the object in time and space to any violation; b. Direct or circumstantial evidence of the intent of the person to deliver the object to any person whom the person in possession of the object knows, or should reasonably know, intends to use the object; c. Oral or written instructions concerning its use provided with, or found in the vicinity of, the object; d. Descriptive materials accompanying the object which explain or depict its use; and e. Any other relevant factors. New Jersey S 2749 Would allow a court to order an individual guilty of animal Introduced cruelty to receive mental health counseling from a licensed 6 / 21 / 18 psychologist. (Still in session) New York A 10049 / Would have: Sine Die- S 605 1. Established the public animal cruelty register with the Failed Division of Criminal Justice Services; and 2. Required a person, convicted of animal cruelty, to register annually, or each time such person moves to a new address and shall continue to register until such person receives a court order ordering such registration to cease.
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New York A 10234 / Would have: Sine Die- S1141 1. Allowed any police officer to take possession of any animal Failed that has not been properly cared for, including lack of: a. Necessary shelter; b. Veterinary care; c. Farrier and other species-or breed-specific care; and d. Necessary sustenance for more than 12 successive hours. 2. Set forth the police warrant procedures for seizing animals as well as the different recourse that an animal’s owner has to take back possession of their seized animals. New York A 11070 / Would have defined aggravated animal cruelty as when a Sine Die- S 8724 person intentionally kills or causes serious physical injury to a Failed companion animal with no justifiable purposes.
Would have found a person guilty of a crime if he or she: 1. Knowingly fails to provide appropriate shelter specific to the dog’s breed, physical conditions and the outdoor climate; 2. Confines an animal in a motor vehicle in extreme heat or cold without proper ventilation or protection; and 3. Pierces, tattoos, or ear crops a companion animal unless the procedure is performed by a licensed veterinarian and provides a medical benefit to the animal. New York S 8080 Would have charged a person with aggravated animal cruelty if Sine Die- he or she, with no justifiable purpose, causes an animal’s death Failed or serious physical injury when he or she recklessly operates a motor vehicle. Ohio HB 684 Would prohibit a person from tethering a companion animal Sine Die- outdoors if: Failed 1. A heat or cold advisory or a severe weather warning has been issued by the national weather service; 2. The animal is kept or harbored in an area without access to: a. Safe and adequate shelter that provides space for the companion animal and protects the companion animal; b. Food and water provided on a 24-hour basis; and c. A sanitary environment. 3. The animal suffers from a condition for which tethering will exacerbate the condition and the condition is known by the person; 4. Certain conditions apply to the tether such as: a. It is less than 10 feet in length; or b. It allows the animal to touch a fence or cross the property line. Rhode Island SB 2778 Would have provided a procedure for the seizure of any animal Sine Die- found to be abandoned, neglected, or hazardously Failed accumulated as well as a procedure for the disposition of seized animals that are so injured or diseased that said seized animals should be destroyed. Tennessee HB 1909 / Would have prohibited a dog from being restrained with a Failed on SB 1689 chain, cord, tether, cable, or similar device while a natural or 4 / 3 / 18 manmade disaster is imminent or occurring, including, but not limited to, a period of time when: 1. A severe flooding or tornado warning issued by the national weather service is in effect for the geographic area where the dog is located; or
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2. A mandatory or voluntary evacuation order is in effect for the geographic area where the dog is located. Utah SB 91 Would have expanded the crime of animal cruelty to include Sine Die- leaving an animal tethered or unattended in a manner that Failed prevents the animal from reaching shelter: 1. When the temperature is below 32 degrees Fahrenheit or above 85 degrees Fahrenheit; or 2. When the animal is exposed to wind above 40 miles per hour, or to rain, hail, or snow. Virginia HB 646 Would have: Failed on 1. Specified that the outdoor tethering of an animal does not 2 / 13 / 18 constitute adequate shelter if it is conducted: a. Between the hours of 10p.m. and 6a.m., unless the animal is actively engaged in conduct that is directly related to agricultural activity on property whose zoning classification, if any, permits such agricultural activity; b. When no owner is on the property; c. When the actual or effective outdoor temperature is 32 degrees Fahrenheit or lower, or 85 degrees Fahrenheit or higher; d. During a heat advisory issued by a local or state authority; or e. During the effective period for a severe weather warning issued for the area by the National Weather Service, including a hurricane warning, tropical storm warning, or tornado warning. 2. Specified that a tether to which the animal is attached must be at least 15 feet in length or four times the length of the animal, as measured from the tip of its nose to the base of its tail, whichever is greater. Virginia HB 889 Would have allowed a local governing body to restrict the Failed on tethering of a dog outdoors, including by limiting the maximum 3 / 10 / 18 number of hours during which the dog may remain tethered. No such ordinance shall constitute a complete prohibition on tethering that provides the dog adequate space. Virginia HB 1607 This new law adds abandoning an animal to the list of offenses Signed into that are punishable as a Class 1 misdemeanor. law on 3 / 23 / 18 Virginia SB 28 This new law: Signed into 1. Prohibits any state funds from being appropriated to an law on organization that carries out any medically unnecessary 4 / 4 / 18 scientific or medical research on an animal subject that causes significant pain or distress to the animal subject; and 2. Finds any guilty person liable for a civil penalty in an amount not to exceed $50,000 for each incident in addition to any other penalty provided by law. West Virginia HB 4455 Would have charged a person with the crime of bestiality if he Sine Die- or she knowingly and intentionally: Failed 1. Engages in bestiality; 2. Causes, aids, or abets another person to engage in bestiality; 3. Organizes, promotes, conducts, aids or abets, or observes any act involving any bestiality; 4. Possesses, sells, transfers, purchases or otherwise obtains an animal with the intent that it be used for bestiality;
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5. Permits bestiality to be conducted on any premises under his or her control; 6. Advertises offers, solicits or accepts the offer of an animal with the intent that it be used for bestiality in this state; or 7. Forces or induces a child under 18 years of age to engage in bestiality or engages in bestiality in the presence of a child. West Virginia HB 4568 Would have: Sine Die- 1. Defined “food”, “water”, “shelter”, and “treatment”; and Failed 2. Expanded the definition of what constitutes cruelly chaining or tethering an animal. Wisconsin Dept of Ag, Would require dog sellers and dog facility operators to keep Proposed Trade, and indoor facilities at a minimum of 50°F. 6 / 11 / 18 Consumer Protection / CR 18-032
Animal Diseases / Reporting
State Citation / Summary of Proposed Bill or Regulation Status Link Arizona HB 2598 Would have allowed: Sine Die- 1. A veterinarian to administer a rabies antibody titer test to a Failed dog if the dog has received at least one approved rabies vaccination. The titer test would be used to determine whether the rabies vaccination was effective as a precaution against vaccine failure. 2. The State Public Health Veterinarian to collect relevant data from these titer tests in order to update the National Association of State Public Health Veterinarians Compendium of Animal Rabies Prevention and Control. California AB 1780 Would have: Sine Die- 1. Allowed the State Public Health Officer (SPHO) to monitor Failed any reliable and verifiable report of a communicable disease outbreak occurring in another state if caused by, or purported to be caused by, contact with a dog or cat; 2. Defined reliable and verifiable public source to include, but not limited to, the federal CDC; and 3. Allowed the SPHO to prohibit dogs and cats from being imported into California if they determine there is a risk of a communicable disease outbreak dangerous to individuals. Delaware HB 390 Would have required the Department of Health and Social Sine Die- Services to create a vaccination risk assessment form to be Failed used by veterinarians for dog, cat, and ferret vaccinations. Delaware Dept of Ag Would: Proposed / 3 DE 1. Prohibit a dealer, broker, or poultry market operator from 12 / 1 / 18 Admin. slaughtering any poultry, other than for humane euthanasia Code 901 or disease control, that are on the premises of the dealer or broker or on the premises of a sales establishment; 2. Require live poultry, except doves and pigeons, to show proof of a negative avian influenza PCR test within 21 days prior to entering Delaware for any purpose; 3. Require live poultry and hatching eggs, except doves and pigeons, to meet one of the following conditions to enter Delaware:
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a. Must be from a flock that participates in and meets the requirements of the "NPIP U.S. Pullorum-Typhoid Clean" program; b. Individual birds over 4 months of age must be tested negative for pullorum-typhoid using an NPIP-approved test within 90 days prior to entry and be accompanied by a negative pullorum test report; c. Must originate from a flock enrolled in an Pullorum- Typhoid clean program approved by DDA; or d. Must originate from a flock in which birds are 4 months of age or older and a minimum of 300 birds are tested negative or the entire flock is tested negative, if the flock is smaller than 300 birds; and 4. Prohibit live poultry and other avian species originating from a quarantined area from moving within or entering Delaware without an official movement permit approved in advance by the State Veterinarian. Georgia HB 742 Would have allowed a licensed veterinarian to exempt an Sine Die- animal from the rabies vaccination requirement if the Failed veterinarian determines, in writing, that a rabies inoculation would compromise the animal’s health. Hawaii HB 2498 Would have established the position of Veterinary Medical Sine Die- Officer within the Department of Health who would oversee the Failed protection and improvement of human health through measures for the detection, investigation, assessment, prevention, control, and eradication of zoonotic diseases. Idaho Dept. of Ag This new regulation: Finalized on / 02.04.29 1. Includes additional details and options for veterinarians to 11 / 7 / 18 collect and transport samples to the laboratory; and 2. Allows veterinarians to utilize more cost-effective ways to submit Trichomonas foetus samples to the lab for testing. Illinois Dept. of Would: Proposed Ag. / 8 Ill. 1. Require a reactor and all other equidae found to be 10 / 26 / 18 Adm. Code exposed to Equine Infectious Anemia (EIA) to be 116 quarantined and submitted to the Department of Agriculture for an EIA test within 3 months; 2. Allow the animal’s owner to have their private veterinarian conduct the EIA test at their own expense; and 3. Specify that negative retest results on the exposed equidae shall be reason for release from quarantine. Indiana State This new regulation: Finalized on Board of 1. No longer requires a veterinarian to report a porcine 9 / 19 / 18 Animal epidemic diarrhea virus or porcine deltacoronavirus Health / 18- diagnosis in an animal from Indiana to the state veterinarian 197 within 2 business days of the diagnosis; and 2. No longer requires a veterinarian to report information of a presumptive positive case, confirmed positive case, or negative case of an emerging swine enteric coronavirus disease, in a herd located in Indiana within 2 business days of receiving the information. Iowa Ag & Land This new regulation modifies the pre-entry import permitting Finalized on Stewardshi required of businesses due to Avian Influenza or Newcastle 10 / 9 / 18 p Dept / outbreaks and reduces the time frame for permitting from 90 65.1(163) days to 30 days. Maryland Dept of This new regulation specifies that the head and hide of a deer Finalized on Natural must not be removed by the hunter and a wild turkey cannot be 9 / 28 / 18
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Resources processed for consumption prior to obtaining the confirmation / 18-195 number within 24 hours of harvesting the animal. Michigan HB 6296 Would require a local governing body to establish ferret Sine Die- licensing requirements that include mandatory proof of rabies Failed vaccination, license tags, forms, and procedures like those required for dogs. Mississippi Wildlife, This new regulation prohibits the transportation of any portion Finalized on Fisheries, of a cervid carcass outside a portion of a defined Chronic 8 / 21 / 18 & Parks / Waste Disease Management Zone. 40 Miss. Admin. Code Part 2 Nevada State Bd of Would: Proposed Health / 1. Amend the definition of communicable diseases; and 6 / 29 / 18 NAC 2. Require an animal’s head to be removed and submitted to 441A.040, the State Department of Agriculture for rabies testing if at 441A.430 any time the animal is euthanized during post-exposure management. New Dept of Ag, This new regulation: Finalized on Hampshire Markets & 1. Establishes a fee schedule for disease testing in domestic 11 / 19 / 18 Food / Ag. animals that cannot be tested by an accredited 3300 veterinarian; and 2. Specifies the type of tests available at the state veterinary diagnostic laboratory. New Jersey A 3684 Would: Introduced 1. Prohibit any rabies testing from being performed on a 3 / 13 / 18 dead animal until the health official requiring, or the veterinarian performing, the rabies testing, and the (Still in owner of the animal have complied with specific session) requirements; 2. Require any health official or veterinarian to notify at the first opportunity the owner of the animal, if known, verbally and in writing, of the: a. Necessity of the rabies testing and the reasons therefor; b. Rabies testing protocol to be followed; c. Protocol to be followed with regard to the handling of the animal’s body; d. Protocol to be followed with regard to the disposal of the animal’s body or its return to the owner; and e. Possibility of decapitation of the animal and, if decapitated, the possible loss of the animal’s head after completion of the rabies testing. North Carolina Dept. of This new regulation amends the list of diseases and conditions Finalized on Health & declared to be dangerous to the public health and makes them 11 / 1 / 18 Human reportable within the time period specified after the disease or Svcs / 10A condition is reasonably suspected to exist. NCAC 41A.0101 Ohio Dept of Ag This new regulation requires a pseudorabies test be reported to Finalized on / 901:1-11- the Department of Agriculture on an approved form within 7 9 / 4 / 18 01 days. Ohio Dept of Ag This new regulation: Finalized on / 901:1-11- 1. Outlines requirements for importation, possession, and use 9 / 6 / 18 04 of any pseudorabies vaccine or biologic; and
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2. Pseudorabies vaccine manufacturing is limited exclusively to those authorized by a U.S. biologics license. Ohio Dept of Ag This new regulation: Finalized on / 901:1-5- 1. Outlines the acceptable types of tests for Brucella canis as 11 / 9 / 18 12 well as the entities which may perform these tests; 2. Outlines three types of Brucella canis classification: positive, suspect, and negative; 3. Requires an animal be quarantined upon a Brucella canis positive or suspect diagnosis; and 4. Outlines potential restrictions on the movement of animals which receive a positive or suspect classification. Ohio Dept. of Would: Proposed Health / 1. Prohibit fees from being charged for rabies exams of 10 / 5 / 18 3701-49-01 animals involving possible human or animal exposure, or having symptoms suspicious of rabies; and 2. Exclude rabies exams of pet rodents, rabbits, chipmunks, squirrels, voles, shrews, mice and rats from this fee prohibition unless the exam is exempted by the public health veterinarian. Rhode Island Env. Mngt / This new regulation: Finalized on 250-RICR- 1. Adopts and incorporate the National Association of State 6 / 12 / 18 40-05-2 Public Health Veterinarians "Compendium of Animal Rabies Prevention and Control" (2016) and the American Veterinary Medical Association's "AVMA Guidelines for the Euthanasia of Animals" (2013) by reference; 2. Requires any imported dog, cat, or ferret to be accompanied by an Official Certificate of Veterinary Inspection; and 3. Requires rabies vaccinations administered in another state to be administrated in a manner consistent with the vaccine requirements of Rhode Island for the animal to be considered currently vaccinated. South Dakota Dept. of Would: Proposed Ag. / ARSD 1. Specify that movement of animals from quarantined herds 10 / 12 / 18 12:68 is only allowed under authorization of an agent of the Animal Industry Board; 2. Require any test-eligible cattle / bison imported from a Class A-C state to test negative to a brucellosis test within the 30 days before importation; 3. Require that all ruminant non-domestic animals imported for any reason other than immediate slaughter must: a. Be negative to an official tuberculosis (TB) test within 90 days prior to entry, or originate from a herd with a current accredited TB free status; b. Be individually identified by official identification tags and visible management tag on a certificate of veterinary inspection; and c. Enter on an import permit issued by the Board. 4. Specify that: a. Initial herd tests of cervid herd of origin, adjacent herds, or suspicious herds identified by epidemiologic investigation must include all sexually intact animals 12 months of age and older; b. Affected cervid herd tests must include all sexually intact animals 6 months of age and older; and c. Certified brucellosis-free cervid herd tests must include all animals in the herd 12 months of age or older. 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
Virginia SB 996 This new law: Signed into 1. Allows an animal shelter to vaccinate an animal in order to law on prevent the risk of communicable diseases if: 4 / 4 / 18 a. All vaccines are administered in accordance with a protocol approved by a licensed veterinarian; and b. Rabies vaccines are administered by a licensed veterinarian or licensed veterinary technician under the immediate direction and supervision of a licensed veterinarian. 2. Allows the Board to register an animal shelter that purchases, possesses, and administers certain Schedule VI drugs for the purpose of preventing certain communicable diseases that failure to control would result in transmission to the animal population in the shelter. Washington Dept. of Would: Proposed Health / 1. Revise reporting requirements for veterinarians and the 5 / 18 / 18 WSR 18- Washington State Department of Agriculture; 11-089 2. Change notification and specimen submission requirements for existing conditions; 3. Clarify notification requirements for suspected cases; and 4. Require electronic lab notifications. Wisconsin AB 1067 Would have required a veterinarian to examine an animal Failed on quarantined for biting a person only on the first and last day of 3 / 28 / 18 isolation if: 1. The person that the dog or cat bit is the animal’s owner; 2. If the animal is vaccinated against rabies; and 3. If the animal shows no signs of rabies during the isolation period.
Under current law, if a dog or cat is required to be quarantined because it bit a person, the animal must be kept under strict isolation for at least 10 days and must be examined by a veterinarian on the first day of isolation, the last day of isolation, and one intervening day. Wyoming Livestock Would: Proposed Board / 1. Amend the definition of a “brucellosis area of concern” to 10 / 1 / 18 Chapter 2 mean an area within the boundaries of designated Wyoming Game and Fish Department’s Elk Hunt Areas; 2. Exempt bovinae that have been approved for movement by the Wyoming State Veterinarian to a specified location to be quarantined on arrival until they are adult vaccinated; and 3. Specify that all test eligible bovinae and any heifers within the designated surveillance area (DSA) must test negative for Brucellosis within 30 days prior to a change of ownership, interstate movement, and leaving the DSA.
Animal Drug Compounding
State Citation / Summary of Proposed Bill or Regulation Status Link Illinois Dept. of Fin This new regulation allows a pharmacy to compound sterile Finalized on & Prof Reg and nonsterile products for veterinary office use. A veterinarian 11 / 9 / 18 / 68 Ill. could dispense up to a 7-day supply of a compounded veterinary drug product, initially intended for office use, to a
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Admin. client with whom the veterinarian has a veterinarian-client- Code 1330 patient-relationship.
If the compounded veterinary drug product is intended for more than 7 days, then an animal-patient-specific prescription is required to be issued by the prescribing veterinarian. Minnesota HF 4055 Would have allowed a pharmacist to compound a drug product Sine Die- to a veterinarian without first receiving a patient-specific Failed prescription only when: 1. The compounded drug product is needed to treat an animal in an urgent or emergency situation; 2. Timely access to a compounding pharmacy is not available, as determined by the prescribing veterinarian; 3. There is no commercially manufactured drug approved by the U.S. Food and Drug Administration that is suitable for treating the animal, or there is a documented shortage of a commercially manufactured drug; and 4. The compounded drug is to be administered by a veterinarian or dispensed to a client in an amount not to exceed what is necessary to treat an animal for a period of 10 days. Texas Board of V Would: Proposed Med 1. Specify the amount of a drug that a veterinarian 10 / 5 / 18 Examiners compounds or orders compounded, for dispensing or / 22 TAC office use, must not exceed the patient’s established need 573.44 for a specific drug; 2. Allow a veterinarian to only prescribe, administer, or dispense compounded drugs: a. To treat a specific occurrence of a disease or condition, which threatens the health of the animal or will cause suffering or death if left untreated; and b. If the veterinarian has observed and diagnosed in the particular patient for whom the compounded drugs are prescribed is intended. Virginia HB 875 This new law allows a veterinarian to dispense a compounded Signed into drug, distributed from a pharmacy, when the quantity law on dispensed is no more than 7-day supply. 3 / 2 / 18
Abuse Reporting / Civil Liability
State Citation / Summary of Proposed Bill or Regulation Status Link California AB 3040 Would have: Sine Die- 1. Required a licensee, that has reasonable cause to Failed believe an animal has been a victim of sexual abuse, to report this belief to appropriate law enforcement authorities; and 2. Provided a licensee with immunity from any civil liability that might arise from making such a report. Illinois HB 4191 Would have given a person immunity, from civil and criminal Sine Die- liability, when he or she forcibly removes an animal from a Failed locked vehicle if the person: 1. Determines that the vehicle is locked and there is no reasonable method for the animal to exit;
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2. Has a good faith belief that forcible entry is necessary because the animal is in imminent danger of suffering harm if not immediately removed from the vehicle; 3. Has made a good faith effort to contact law enforcement; 4. Makes a good a faith effort to place a notice on the vehicle's windshield with their contact information; 5. Remains with the dog or cat in a safe location until law enforcement or emergency responders arrive, who will then seek veterinary care if deemed necessary; and 6. Uses no more force than necessary to enter the vehicle to remove the animal. Illinois SB 2601 Would have provided civil liability immunity for an approved Sine Die- humane investigator when he or she conducts an inspection Failed or enforces provisions of the Humane Care for Animals Act. However, a humane investigator would not be given such immunity if his or her actions are a result of willful or wanton misconduct. Iowa HF 2065 / Would have: Sine Die- SF 129 1. Required a licensed veterinarian to report any conclusion Failed of animal cruelty to the local law enforcement agency having jurisdiction to investigate the matter; and 2. Amended several animal cruelty criminal offenses including the associated penalties. Louisiana SB 156 This new law: Signed into 1. Provides immunity for a person that causes damage to a law on motor vehicle while rescuing a minor or animal in 5 / 20 / 18 distress; and 2. Specifies that this immunity would not extend to a person’s liability for bodily injury suffered by the minor or animal while he or she rescues the minor or animal. Massachusetts H 2419 / Would have: Sine Die- S 2347 1. Required certain individuals, including investigators, to Failed report knowledge of, or observations of, an animal being a victim of animal cruelty, abuse, or neglect to a police officer; 2. Provided civil or criminal immunity for a person who makes a report in good faith; and 3. Prohibited an insurance company from refusing to issue, renew, cancel, or charge an increased premium to a person that owns a specific breed of dog. Ohio HB 523 Would require the following individuals to immediately report Sine Die- animal abuse when he or she has knowledge or reasonable Failed cause to suspect that animal abuse has occurred or is occurring: 1. A licensed veterinarian; 2. A registered veterinary technician; 3. A social service professional; 4. Counselors and social workers; 5. An officer. Rhode Island HB 7986 This new law: Signed into 1. Requires any person entrusted with the care and control law on of an animal to report instances of animal cruelty to the 7 / 2 / 18 proper authorities and 2. Provides these individuals with criminal and civil immunity if he or she makes a good faith report. Rhode Island SB 2605 Would have: Sine Die- Failed 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
1. Required any licensed veterinarian, veterinarian technician, animal shelter, animal kennel, or other person charged with the care or custody of an animal to report animal abuse to local law enforcement and 2. Provided a party that files such a report with liability protection unless he or she files a report in bad faith or with malice. West Virginia HB 4014 Would have required an adult protective service worker to Sine Die- report reasonable suspicions of animal abuse or cruelty to the Failed county humane officer within 24 hours of such suspicion. West Virginia SB 326 Would have provided civil liability protection, for certain Sine Die- individuals, for damages done to an owner's motor vehicle, Failed when he or she removes an animal from a locked and / or unattended motor vehicle.
Animal Shelters / Humane Societies
State Citation / Summary of Proposed Bill or Regulation Status Link California AB 2791 This new law allows a kitten, under 8 weeks old, to be Signed into immediately released to a non-profit adoption organization if law on the kitten is reasonably believed to be unowned and is currently 8 / 24 / 18 impounded in an animal shelter. Florida HB 823 Would have required a public or private animal shelter, humane Failed on organization, or animal control agency operated by a humane 3 / 10 / 18 organization or by a county, municipality, or other incorporated political subdivision that takes receivership of any lost or stray dogs or cats to adopt written policies and procedures to ensure that every reasonable effort is made to quickly and reliably return owned animals to their owners. Illinois HB 5477 Would have required an animal shelter to report the following Sine Die- information as part of its annual renewal application: Failed 1. The number of dogs and cats received from out-of-state shelters or animal control facilities; 2. The states where the dogs and cats originated; 3. The number of dogs and cats imported from out of the country; 4. The country of origin for imported dogs and cats; and 5. The manner of transfer of all dogs and cats that leave its facilities. Illinois HB 5666 Would have charged an animal shelter a reduced licensing fee Sine Die- if the shelter has a program where veterans can adopt animals Failed at a discounted rate. Illinois SB 2380 This new law requires an animal shelter or animal control Signed into facility to provide the following information when applying for a law on renewal license: 8 / 14 / 18 1. The total number of dogs, cats, and other animals, divided into species, taken in by the animal shelter or animal control facility; and 2. The disposition of all animals taken in, divided into species. Maryland Dept. of Ag Would set forth minimum standards of care for the following Proposed / 18-040-P animal shelters that keep dogs and cats: 2 / 16 / 18 1. A shelter that is owned by a county or municipality; 2. A non-profit shelter that a local governing body contracts with for animal control services; or 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
3. A shelter that has received a grant from the Maryland Spay and Neuter Grant Program during the previous year. New HB 1309 This new law exempts animal shelter facilities from certain Signed into Hampshire animal transfer requirements except that: law on 1. All animal shelter facilities shall have on premises a 6 / 11 / 18 microchip scanner and shall maintain a file of recognized pet retrieval agencies, including but not limited to national tattoo or microchip registries; and 2. Where an owner is not known, all animal shelter facilities shall inspect for tattoos, ear tags, or other permanent forms of positive identification and shall scan for a microchip upon admission of an unclaimed or abandoned animal and prior to transferring ownership of an unclaimed or abandoned animal. New Jersey A 374 Would: Introduced 1. Require municipal humane law enforcement officers obtain 1 / 9 / 18 the same training and authorization previously required for (Still in animal cruelty investigators; and session) 2. Clarify that only authorized municipal humane law enforcement officers may investigate animal cruelty, sign complaints, and act as officers for detection, apprehension and arrest of offenders against the animal control, animal welfare, and animal cruelty laws of the State and ordinances of a municipality. New Jersey A 1194 / Would: Introduced S 1859 1. Allow an animal welfare organization to take custody of an 1 / 9 / 18 animal confiscated from its owner and being held pending adjudication of an alleged animal cruelty violation; (Still in 2. Give custody of an animal to the animal welfare session) organization on the 7th day after it is confiscated, if the owner has not resumed custody; 3. Require an organization to properly house and care for the animal until adjudication of the alleged animal cruelty violation and final disposition of the animal by the court; and 4. Provide that if the animal is placed in the custody of a shelter and remains at the shelter, the shelter would not be able to offer the animal for adoption or euthanize the animal until 7 days after the final disposition of the animal by the court. New Jersey A 3256 Would require cats and dogs be spayed or neutered before Introduced being sold, bartered, exchanged, transferred, or released for 2 / 12 / 18 adoption from an animal rescue organization facility, kennel, pet shop, shelter, or pound, except if: (Still in 1. The cat or dog is less than two months old; session) 2. A licensed veterinarian determines the cat or dog cannot be spayed or neutered for other health reasons affecting the cat or dog; or 3. The cat or dog is being placed in a foster home or being transferred to another shelter, pound, or kennel.
Prior to releasing any cat or dog, the shelter, pound, or kennel would be required to spay or neuter the cat or dog if the cat or dog has not previously been spayed or neutered or pay the new owner an amount equal to the cost of spaying or neutering the cat or dog.
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New Jersey A 4628 Would prohibit a shelter / pound from euthanizing an animal Introduced unless: 10 / 22 / 18 1. The animal’s health, as determined by a licensed veterinarian, necessitates that the animal be euthanized; (Still in or session) 2. It is necessary to euthanize the animal to protect the safety of the animal, other animals, or the entity’s employees as determined by the entity’s owner or operator. New Mexico HB 64 / This vetoed bill would have required that the Animal Sheltering Vetoed by the SB 51 Committee develop criteria for individuals, groups, animal Governor on shelters, and euthanasia agencies to receive assistance for 2 / 14 / 18 dog and cat spaying and neutering from the Animal care and Facility Fund.
Assistance would have been provided to entities or groups who only aid service recipients with a household income that does not exceed 200% of the current federal poverty level guidelines. New Mexico Reg & This new regulation repeals the Animal Sheltering rules listed Finalized on Licensing below: 5 / 29 / 18 Dept. / 1. General Provisions; NMAC 2. Licensure and Certification; 16.24.1-6 3. Duties of Licensees and Certificate Holders; 4. Complaints, Enforcement and Disciplinary Action; 5. Fees; and 6. Formulary for Euthanasia Technicians. New York A 9946 / Would have prohibited a pet dealer from selling or transferring Sine Die- S 7711 any animal unless the animal was obtained from a duly Failed incorporated humane society, a public animal control agency, a society for the prevention of cruelty to animals’ shelter, or animal rescue organization. Utah HB 221 Would have required an animal shelter to publish information Sine Die- regarding the animals in the shelter's custody, including the Failed disposition of the animals, and maintain this information for three years. Vermont S 4 This new law: Signed into 1. Requires an animal shelter to make every effort to collect law on certain information about an animal it accepts; and 6 / 29 / 18 2. Specifies that an animal shelter is immune from civil liability if the animal shelter: a. Assists law enforcement in an animal cruelty investigation in good faith; and b. Provides care and treatment to an animal involved in the investigation. Washington SB 6623 Would have: Sine Die- 1. Prohibited a pet store operator from selling a live dog or Failed cat in a pet store unless the dog or cat: a. Was obtained from a public animal control agency or shelter, humane society shelter, or a nonprofit animal rescue or adoption organization or group having a cooperative agreement with at least one private or public animal shelter; and b. Has been spayed or neutered. 2. Required a pet store to maintain sufficient records to document the source of each dog and cat the pet store
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sells or provides space for and must keep the records for at least one year.
Breeders / Importers
State Citation / Summary of Proposed Bill or Regulation Status Link Illinois HB 5246 Would have: Sine Die- 1. Prohibited dog or cat breeders from separating puppies or Failed kittens from their mothers until the animal reaches 8 weeks old; 2. Required a dog or cat breeder to provide the following information for every animal available for sale: a. The age, sex, and weight of the animal; b. The breed of the animal; c. A record of vaccinations, veterinary care and treatment; d. A record of surgical sterilization or lack of surgical sterilization; e. The name and address of the breeder of the animal; f. The name and address of any other person who owned or harbored the animal between its birth and the point of sale; and g. Documentation that indicates that the dog or cat has been microchipped and the microchip has been enrolled in a nationally searchable database. Indiana HB 1386 Would have required a commercial dog breeder to register Sine Die- annually with the Board of Animal Health (Board). Before a Failed person may be registered with the Board, the Board would have to conduct an inspection of the facilities and the premises of the applicant to ensure that he or she is in compliance with the standards of care required and any rules issued by the Board. Iowa HF 2259 Would have required: Sine Die- 1. The Department of Agriculture and Law Stewardship to Failed inspect a commercial breeder, dealer, or pet shop before approving an application for a state license; 2. Commercial dog and cat breeders to abide by certain standard of care requirements such as the construction of primary enclosures, use of sheltered structures, and providing ranges of ambient air temperatures; and 3. Commercial breeders to ensure that each dog or cat is provided with an annual veterinary examination. Massachusetts H 4279 Would have prohibited an organization from importing domestic Sine Die- animals for rescue, adoption, or remote sale unless the Failed Department of Agricultural Resources has issued an import registration to the organization. An application for an import registration would have included the following information: 1. The full name and address of the organization; 2. The organization’s principal place of business; 3. A complete list of the organization’s owners; 4. A complete list of the organization’s managerial personnel, if other than the owners; and 5. A complete list of locations inside of the commonwealth where domestic animals in the custody of the organization are housed, including, but not limited to, animal shelters 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
and foster homes, and the maximum number of domestic animals that may be appropriately cared for at each location. New Jersey A 3257 Would require: Introduced 1. Any person importing 10 or more cats or dogs in any 2 / 12 / 18 calendar year, for sale or adoption, to register as an animal importer with the Department of Health; and (Still in 2. All imported cats and dogs to have an animal history and session) health certificate, certified by a licensed veterinarian, providing the following information: a. The name, address, and other contact information of the breeder of the cat or dog, if known; b. The origin of the cat or dog, its date of birth, and, if the date of birth is not known, its approximate age as estimated by a licensed veterinarian; and c. Any illnesses identified in the cat or dog; any treatments, medications, or vaccinations received; and a list of the treatments, medications, and vaccinations received, the dates of administration thereof, and the illnesses identified in the cat or dog and the date on which the illness was identified. New Jersey S 2820 Would: Introduced 1. Direct the Department of Health (DOH) to develop 7 / 1 / 18 standards for the appropriate breeding of dogs in commercial and residential settings; and (Still in 2. Prohibit breeding a dog: session) a. Without a current U.S. Department of Agriculture license for the breeding of a dog; and b. In a manner that does not comply with the standards established by DOH. Ohio HB 506 This new law requires high volume breeders to comply with Signed into certain requirements on how dogs are kept, housed, and law on maintained. 6 / 20 / 18 Rhode Island Env. This new regulation allows an applicant wishing to operate as a Finalized on Mngmt / breeder to apply for a license. The issuance of a breeder 3 / 5 / 18 9165 license authorizes the operation of a facility as a breeder. Breeder licenses expire at the end of the fiscal year, June 30. Applications must be made by submitting the appropriate form to the Rhode Island state veterinarian on form(s) provided by the office of the Rhode Island state veterinarian.
Court Proceedings
State Citation / Summary of Proposed Bill or Regulation Status Link Mississippi SB 2172 Would have: Failed on 1. Amended the crime of animal cruelty to include negligent or 1 / 30 / 18 intentional deprivation of food, water, or adequate shelter; 2. Expanded the crime of aggravated animal cruelty to include a person, with malice, intentionally scalding, suffocating, drowning, or starving a dog or cat to death; 3. Allowed a court to order a person convicted of, or adjudicated delinquent, aggravated cruelty to receive a psychiatric or psychological evaluation and counseling or treatment for a length of time as prescribed by the court.
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The cost of any evaluation, counseling and treatment would have had to be paid by the offender upon order of the court, up to a maximum amount that is no more than the jurisdictional limit of the sentencing court. Mississippi SB 2232 Would have allowed a court to require that the respondent not Failed on remove, damage, hide, harm, or dispose of any companion 1 / 30 / 18 animal owned or possessed by a person to be protected by the order, and may authorize removal of a companion animal from the possession of the respondent. New HB 1238 This new law adds the following acts to the crime of animal Signed into Hampshire cruelty: law on 1. Possessing an equine colt that is less than 90 days old, not 6 / 11 / 18 being nursed by its dam, unless the colt was born in New Hampshire and its dam has died; and 2. Sells an equine colt that is less than 90 days old that is not being nursed by its dam. New Jersey A 781 / Would: Introduced S 242 1. Provide for the cost of care for domestic companion 1 / 9 / 18 animals involved in animal cruelty violations, 2. Establishes a procedure, when the owner of the domestic (Still in companion animal is the alleged violator, for the owner of session) the animal to pay for the cost of care of the animal; and 3. Require: a. The custodial animal care agency at which the animal is impounded to issue, no later than 7 days after the animal has been impounded, a custodial care notice with the information required, including an itemized accounting of the actual costs of caring for the animal during the first 7 days of impoundment, and the projected reasonable costs of caring for the animal for each 30-day period the animal may be impounded after the first 7 days; and b. The defendant to pay the amounts set forth in the notice, within 15 business days after receipt thereof, or to request a court hearing, within 10 business days after receipt of the custodial care notice, to contest the reasonableness of the amounts itemized therein. New Jersey A 1194 / Would: Introduced S 1859 1. Give an animal welfare organization custody of an animal 2 / 15 / 18 confiscated from its owner and being held pending adjudication of an alleged animal cruelty violation; (Still in 2. Require an animal welfare organization to properly house session) and care for an animal until the animal cruelty case is over and the court decides the final disposition of the animal; and 3. Specify that if an animal is placed in the custody of an organization and remains there, the organization cannot offer the animal for adoption or euthanize the animal until 7 days after the final disposition of the animal. New Jersey A 3388 / Establishes “Moose’s Law” and would prohibit a person who Introduced S 861 has been convicted of animal cruelty from: 2 / 15 / 18 1. Commencing, operating, applying for employment, being employed, volunteering at, or participating in any capacity (Still in in an “animal-related enterprise”, as that term is defined in session) the bill; or 2. Acquiring or owning any domestic companion animal for a definitive period of time, as specified by a court. 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
Rhode Island HB 7973 Would have: Sine Die- 1. Allowed the Rhode Island State Veterinarian, the general Failed agent of the Rhode Island SPCA, and law enforcement officers to take charge and possession of an animal found abandoned or neglected; 2. Allowed these persons to provide all necessary care and treatment for the animal; 3. Allowed a person seizing an animal to file a petition in district court pertaining to the permanent custody of the animal; and 4. Required the owner(s) of an animal to either surrender custody of the animal or post a bond to cover the costs of caring for the animal while it is in state care, pending resolution of the district court petition. Virginia HB 425 Would have required a court to order a person convicted of Failed on animal cruelty to attend an anger management, other 2 / 13 / 18 appropriate treatment program, or obtain psychiatric or psychological counseling unless the court finds, based on clear and convincing evidence, that the person presents no present or future likelihood of repeating the violation or of causing harm to himself or others.
The court would have imposed the costs of such a program or counseling upon the person convicted.
Dangerous Dogs / Breed Specific Legislation
State Citation / Summary of Proposed Bill or Regulation Status Link Alabama HB 277 / This new law: Signed into SB 232 1. Establishes the procedure by which a dog can be declared law on dangerous and require such a dog, which causes serious 3 / 1 / 18 physical injury or death to a person, to be humanely destroyed; 2. Provides that a dog found to be dangerous, but which has not caused serious physical injury to a person, could be returned to the owner if certain registration requirements are met and the dog is securely enclosed; and 3. Authorizes a county attorney to file a petition with the local court to declare a dog dangerous. Colorado HB 18- Would have prohibited a housing association from regulating Failed on 1126 the keeping of certain types of dogs based solely on the breed, 2 / 26 / 18 weight, or size classification.
An association would have been allowed to regulate the number of dogs per household and may enforce covenants concerning dog or owner behavior, including nuisance barking, waste disposal, and other matters. Connecticut HB 5367 Would have formed a working group to examine the prevalence Sine Die- of vicious dog attacks and develop recommendations for how Failed to: 1. Reduce the number of these attacks; and 2. Mitigate the effects of disposal orders for such attacking animals on municipalities and the state.
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Michigan HB 6295 / Would prohibit a local governing body from enacting an Sine Die- SB 741 ordinance that regulates a dog or service animal based on its Failed breed, perceived breed, or a physical characteristic of a breed. Michigan SB 709 Would: Sine Die- 1. Amend the definition of what constitutes a dangerous and / Failed or vicious dog; 2. Allow a court to issue a summons to an animal’s owner ordering him / her to appear to show cause why the dog should not be found vicious if a sworn complaint has been made by an individual or law enforcement officer; and 3. State that the person who filed the complaint has the burden of proving that a dog is vicious by clear and convincing evidence.
If a complaint is made, an officer must give notice of the conduct that is the basis of the complaint to the owner, conduct a thorough investigation, interview the dog owner and witnesses, gather medical and veterinary records, and submit to the court a detailed report with the sworn complaint. Michigan SB 1227 Would have: Sine Die- 1. Required a court to provide the owner of an animal, alleged Failed to be dangerous, notice of when to appear in court and all evidence collected in the investigation; 2. Specified that if an animal is found to be a dangerous animal, by clear and convincing evidence, the owner may have to abide by one of the following provisions: a. A dog must have an identification number tattooed upon the animal or microchipped; or b. Take specific steps, such as the use of escape proof fencing or an enclosure that includes a top or roof; 3. Allowed a court to order the destruction of an animal if the court finds that the animal is dangerous and is likely to cause serious injury or death to a person in the future; and 4. Prohibited an officer from coercing or threatening the owner of a dangerous animal to cause the owner to relinquish the animal. Minnesota HF 2986 Would have prohibited an insurer from refusing to renew, Sine Die- declining to offer, reducing the limits of, canceling, or charging Failed different rates for homeowner’s insurance if a person owns a specific breed of dog. Minnesota HF 3303 / Would have: Sine Die- SF 3027 1. Created a statewide dangerous dog database; and Failed 2. Required animal control authorities to implant microchips in some dangerous and potentially dangerous dogs. Minnesota HF 3683 / Would have required an animal control authority to provide a Sine Die- SF 3184 current list of all registered dangerous dogs to the Board of Failed Animal Health. Missouri HB 1398 / Would have allowed a local governing body to prohibit dogs Sine Die- SB 1069 from running at large or to further control or regulate dogs Failed within its boundaries only if the regulation is not specific to any breed. New Jersey A 1618 Would prohibit insurers engaged in the business of property Introduced and casualty insurance in this State, including commercial lines 1 / 9 / 18 insurers, from utilizing underwriting guidelines which result in the declination or termination of, limit the amount or type of (Still in insurance coverage of, apply a rating plan to, or impose an session) increased premium under, a homeowner’s insurance policy on 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
the basis of the type or specific breed of guide dog or service dog harbored on the insured property. New Jersey A 1799 / Would: Introduced A 1822 / 1. Revise the current requirement for a municipality to declare 1 / 9 / 18 S 1923 a dog vicious if the dog has engaged in dog fighting activities; (Still in 2. Before declaring a dog vicious, a municipal court would be session) required to find by clear and convincing evidence that a dog that has engaged in dog fighting activities also poses a threat of serious bodily injury or death to a person; and 3. Add to the criteria for declaring a dog potentially dangerous--specifically that in such situations the court also finds that the dog: a) poses a threat of serious bodily injury or death to a person; or b) poses a threat of death to another domestic animal. New Jersey S 616 Would allow an animal control officer to seize and impound a Introduced dog when the officer has reasonable cause to believe that the 1 / 9 / 18 dog attacked another domestic animal and severely injured or killed the attacked domestic animal.
An animal control officer shall immediately notify the municipal court and the municipal health officer that a dog has been seized and impounded and that a hearing is required for disposition of the dog. Virginia HB 271 Would have: Failed on 1. Allowed an animal control officer to permit an animal’s 2 / 13 / 18 owner to confine the dangerous dog until such time as evidence can be heard and a verdict rendered if the animal’s owner can comply with animal confinement requirements; and 2. Required the owner of a dangerous dog to obtain a dangerous dog registration certificate before the animal can be returned to his / her custody. To receive such a certificate, an owner would have needed provide evidence that: a. Their residence is and will continue to be posted with signs, clearly visible from any place along the residence's property line, warning both minors and adults of the presence of a dangerous dog on the property, b. The animal has been permanently identified by means of electronic implantation, and c. The animal has been fitted with a GPS tracking device. Virginia SB 571 This new law: Signed into 1. Requires an animal control or law-enforcement officer, law on upon release of a companion animal for adoption, return to 3 / 30 / 18 a rightful owner, or transfer to another agency, to disclose, if known, that a companion animal has bitten a person or other animal, and the circumstances and date of such bite; and 2. Requires any officer who takes custody of animals shall annually file a copy of his intake policy with the State Veterinarian. Washington HB 2247 / Would have: Sine Die- SB 6383 Failed 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
1. Given fish and wildlife officers the authority to lethally remove a feral dog, including a wolf-dog hybrid, if the dog poses a threat to human safety, domestic animals, or livestock; and 2. Required an owner to guarantee a dangerous dog has at least two of the following forms of identification: a. A registered animal microchip; b. An identifying tattoo that is registered with the animal control authority; or c. Clearly visible tags worn by the dangerous dog, providing current contact information of the owner. West Virginia HB 2168 Would have: Sine Die- 1. Allowed ordinances, rules or regulations to limit the number Failed of animals owned, kept or maintained by an individual, group or organization, whether public or private based on the person's ability to provide for the animals if the rules do not create breed-specific restrictions; and 2. Allowed local governing bodies to regulate or prohibit the keeping of animals or fowls if the rules do not create breed- specific restrictions.
Emergency Preparedness / Response
State Citation / Summary of Proposed Bill or Regulation Status Link California SB 1305 This new law: Signed into 1. Allows an emergency medical services provider to provide law on pre-veterinary emergency care to a dog or cat if the 9 / 28 / 18 provider has received commensurate training and is authorized by his or her employer to provide such care; and 2. Exempts a provider from any civil liability that could arise for providing such care. Florida HB 907 / Would have made it unlawful for an owner or possessor of, or Failed on SB 1376 has charge or custody of, a domestic companion or service 3 / 10 / 18 animal to knowingly and intentionally leave the animal outdoors and unattended when an evacuation of the area has been ordered by state or local authorities due to weather or other emergency conditions. If possible, such animal shall be evacuated with the animal’s owner or other person who has possession, custody, or charge of the animal.
However, an animal can be taken to the following if evacuation with a person is not an option: 1. Delivered to a licensed kennel, shelter, or pound, temporary animal shelter established for the purposes of the emergency, or other suitable animal care facility established by law enforcement, animal control, or an animal welfare organization; or 2. Secured in an indoor area that is as protective of the animal as possible under the circumstances and provides proper shelter according to state and local laws. Mississippi HB 386 Would have allowed an emergency medical technician to Failed on transport a law enforcement dog injured in the line of duty to a 1 / 30 / 18 veterinary clinic or similar facility if there are no persons
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requiring medical attention or transport at that time, in addition to providing emergency medical services and transportation to human personnel. Nebraska LB 892 Would have: Failed on 1. Prohibited any animal from being restrained with a chain, 4 / 18 / 18 tether, or similar device and left unattended in the event of a severe weather or natural disaster; and 2. Defined these weather events to include a tornado warning issued by the National Weather Service or after an evacuation order has been issued for the jurisdiction by a government authority. New Jersey A 2071 / Would: Introduced S 454 1. Provide civil immunity for veterinarians and emergency 1 / 9 / 18 responders who in good faith render emergency care to an animal at the scene of an accident or emergency; and (Still in 2. Define emergency responder as a law enforcement officer, session) paid or volunteer firefighter, paid or volunteer member of a duly incorporated first aid, emergency, ambulance, or rescue squad association, or any other individual who, during employment, provides medical care or other assistance at the scene of an accident or emergency. New Jersey A 2318 / Would provide civil or criminal immunity for a person that Introduced S 1860 breaks into a vehicle and renders emergency care to a 2 / 15 / 18 companion animal when: 1. A domestic companion animal has been left unattended (Still in in a motor vehicle under inhumane conditions adverse session) to the health or welfare of the animal; 2. The person breaking into the vehicle reasonably believes that the health or welfare of the animal may be at risk under such circumstances; and 3. Prior to entering the motor vehicle, the person contacted appropriate rescue personnel to report the circumstances and made a reasonable attempt to locate the owner of the motor vehicle or other person responsible for the animal, unless exigent circumstances warrant foregoing such actions. Pennsylvania HB 1216 This new law provides an emergency responder civil immunity Signed into after they enter a motor vehicle to remove a dog / cat if the law on following applies: 10 / 24 / 18 1. Has a good-faith, reasonable belief that the animal is in imminent danger of harm if the animal is not immediately removed from the motor vehicle; 2. Makes a reasonable effort to locate the driver of the vehicle prior to entry; 3. Takes reasonable steps to ensure or restore the well-being of the animal; 4. Uses no more force than necessary to enter the vehicle; and 5. Leaves notice on or in the vehicle concerning why entry was made, the name of the person and the person’s employer, a telephone number and, if possible, the location of where the animal can be retrieved. South S 841 Would have allowed an unlicensed veterinarian or veterinary Sine Die- Carolina technician, but who is licensed and in good standing in another Failed jurisdiction, to obtain an emergency limited license to practice veterinary medicine related to the response efforts in locations in this State if: 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
1. An official declaration of a state of emergency has been made by the Governor of this State or his delegated state official; and 2. An official invitation has been extended to the veterinarian or veterinary technician for a specified time by the Governor during emergencies.
Equines / Racing Animals
State Citation / Summary of Proposed Bill or Regulation Status Link Arkansas Dept of Would: Proposed Finance & 1. Update the current Association of Racing Commissioners 9 / 7 / 18 Admin / International Rules by adopting an edited version of the 006.06.18- current Racing Commissioners International (RCI) Rule 003 used by other states; 2. Prohibit the administration of any drug, except Lasix, within 24 hours of post time; 3. Establish threshold levels for 26 drugs that are currently used in all states that have adopted the RCI rules; and 4. Specify the procedures for split sample tests. California Horse Would: Proposed Racing Bd. / 1. Prohibit a horse to start in a race if the horse has not raced 3 / 2 / 18 Title 4 in 120 or more consecutive days and has not raced in California; 2. Require the horse, prior to entry, to undergo an examination by the official or racing veterinarian and be declared raceably sound and in fit physical condition to exert its best effort in a race; 3. Prohibit a horse from racing if the animal has received an intra−articular injection (joint injection) within the previous 5 days (120 hours) prior to the scheduled race post−time; 4. Require a veterinarian that administers medication into an articular structure of a horse to provide an intra−articular treatment record to the trainer, who shall maintain such records of the treatment for a minimum of 1 year. California Horse Would: Proposed Racing 1. Establish procedures by which the Horse Racing Board will 10 / 19 / 18 Board / collect out−of−competition test samples, as well as Title 4, Rule penalties for non−compliance; 1859.1 2. List all medications, drugs, and other substances that are prohibited from being present in an out−of−competition test sample; 3. Describe exceptions for certain therapeutic medications in cases where specific procedural and reporting requirements are followed by the trainer and / or their veterinarian; and 4. Add a number of medications and drug substances to the current prohibited list and extend the regulation’s application to substances detected in out−of−competition test samples. Florida HB 463 / Would have prohibited a greyhound from testing positive for Failed on SB 674 anabolic steroids when samples are taken from the animal 3 / 10 / 18 before or immediately after the greyhound completes a race.
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Kentucky Horse Would require the Horse Racing Commission to employ a Proposed Racing licensed veterinarian that is experienced in equine medicine 11 / 13 / 18 Cmsn / 810 and practice. KAR 2:010 Kentucky Horse Would prohibit a horse from being stabled on the grounds of a Proposed Racing licensed association or any training center unless a Certificate 11 / 13 / 18 Cmsn / 810 of Veterinary Inspection is issued by an accredited veterinarian: KAR 4:010 1. Not more than 10 days prior to the horse’s arrival on the grounds; or 2. Within a lesser interval as prescribed by the racing association in consultation with the State Department of Agriculture. Kentucky Horse Would: Proposed Racing 1. Require the Horse Racing Commission to restrict or 11 / 13 / 18 Cmsn / 810 prohibit the use and administration of drugs or stimulants or KAR 8:040 other improper acts to horses prior to the horse participating in a race; 2. Establish new sampling and testing procedures for prohibited substances; and 3. Establish penalties for individuals that violate these procedures. Louisiana Racing Would prohibit the use of Clenbuterol in any quarter horse Proposed Cmsn / LAC racing in Louisiana. 10 / 20 / 18 35: I.1506 Michigan HB 6601 Would have created the Michigan Equine Commission within Sine Die- the Department of Agriculture and Rural Development and it Failed shall include the following members: 1. One member from each of the following segments of the equine industry: a. Horse show and competition, b. Horse racing, c. Trail riding, and d. Equine education; 2. 1 member who is a licensed equine veterinarian; 3. 1 member representing the horse feed industry or another equine-related business; and 4. 5 members from the equine community at large representing different breeds and segments of the equine industry. Montana Dept. of This new regulation: Finalized on Commerce / 1. Specifies that after each race the winning horse will have a 12 / 7 / 18 8.22.3201 urine and / or hair and / or post-race serum or plasma sample be collected. Whenever possible, the same collections will be taken from other horses; 2. Deems a pre- or post-race positive hair test as a violation if the hair sample presents prohibited substances including, but not limited to, clenbuterol, zilpaterol, and ractopamine; and 3. Requires a hair sample be collected from a horse’s tail if the horse is selected for testing and the mane is less than 3 inches in length. Montana Livestock / This new regulation: Finalized on 32-18-294 1. Requires Equine Infectious Anemia (EIA) exposed equids 12 / 21 / 18 to be placed under a hold order until the animals have tested negative for at least 60 days; and
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2. Changes the definition of “exposed equids” and add the term “suspect.” Oregon Racing This new regulation updates horse medication rules to align Finalized on Cmsn / 462- with national industry standards. 10 / 11 / 18 160-0130 Texas TX Racing This new regulation: Finalized on Cmsn / 16 1. Bans clenbuterol and eliminates the current threshold of 8 / 31 / 18 TAC 319.3 140 pg / mL as indicated on the permissible medications list; and 2. Specifies that a horse found to have clenbuterol in its system would: a. Be placed on the veterinarian's list for at least 60 days; b. Be required to test negative to be removed from the list; and c. Provide an exception for therapeutic use of clenbuterol if prescribed by a licensed veterinarian, and the use is reported to the Commission within 24 hours of initiating treatment. Washington Horse This new regulation restricts the practice of icing a horse’s leg Finalized on Racing prior to the arrival of the official veterinarian for a pre-race 3 / 9 / 18 Cmsn / soundness exam. WSR 18-03- 048 Washington Horse Would require that horses scheduled for pre-race inspections to Proposed Racing be ready for the official veterinarian in a manner which would 10 / 1 / 18 Cmsn / not hinder the process. WSR 18-20- 082
Euthanasia
State Citation / Summary of Proposed Bill or Regulation Status Link Florida HB 249 / Would have: Failed on SB 1356 1. Stipulated that an animal shelter may not euthanize an 3 / 10 / 18 animal if a rescue organization has indicated it will take custody of the animal; 2. Allowed an animal shelter to assess a fee, not to exceed the standard adoption fee, for an animal released to a rescue organization.
This section would not have applied to: 1. An animal suspected of carrying and exhibiting signs of rabies, as determined by a licensed veterinarian. 2. A dog classified as dangerous. 3. An animal experiencing irremediable suffering. Minnesota HF 3330 Would have prohibited a person from euthanizing an animal in Sine Die- an animal shelter, humane society, animal control facility, or Failed pound using carbon monoxide, carbon dioxide, or other non- anesthetic gas. New Jersey A 2069 Would allow an impounded animal to be euthanized Introduced immediately if a licensed veterinarian contracted by the shelter, 1 / 9 / 18 pound, or kennel operating as a shelter or pound, or the authorized staff of the shelter, pound, or kennel operating as a 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
shelter or pound, certifies in writing that, to prevent further (Still in suffering, euthanasia is the best option for the animal. session) New Jersey A 3855 / Would: Introduced S 2157 1. Specify that a person is guilty of improperly euthanizing an 5 / 7 / 18 animal if the individual kills or causes the death of an animal by hypoxia induced by: (Still in a. Decompression; session) b. The administration of a lethal gas other than an inhalant anesthetic; c. The use of succinylcholine chloride, curare, curariform drugs, or other substance which acts as a neuromuscular blocking agent; or d. Means other than those used for the proper euthanizing of the animal in accordance with the American Veterinary Medical Association Euthanasia Guidelines. 2. Revise the law concerning the care and euthanizing of impounded animals and the impoundment of seized animals. New Mexico HB 58 Would have stipulated that the Board of Veterinary Medicine Sine Die- shall adopt and enforce infrastructure and operating standards Failed for animal shelters and euthanasia agencies. The infrastructure and operating standards would have been consistent with the association of shelter veterinarians' guidelines for standards of care in animal shelters. Ohio HB 552 Would: Sine Die- 1. Prohibit an animal shelter from destroying an animal Failed through the use of a carbon monoxide gas chamber, carbon dioxide gas chamber, or any other non-anesthetic inhalant; 2. Allow an animal shelter to destroy an animal using these methods if the State Veterinary Medical Licensing Board, in consultation with the State Board of Pharmacy, declares that there is a shortage of approved lethal injection substances. Utah SB 50 Would have addressed the methods by which an animal shelter Sine Die- may euthanize an animal and require an animal shelter to Failed adopt a euthanasia policy and training program. Virginia HB 14 / Would have prohibited an animal from being euthanizing when Failed on SB 175 a public animal shelter has been given notice of a person’s 2 / 13 / 18 intent to adopt or take custody of a dog or cat that has already become the property of the shelter.
If this occurs, the shelter would have been required to keep the animal for no less than three days and this period would start on the day immediately after the day in which notice is given unless the requester claims the dog or cat sooner. West Virginia HB 2995 This new law permits certain animal euthanasia technicians to Signed into be certified technicians in West Virginia if he or she has been law on certified in another state. 3 / 21 / 18
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Higher Education
State Citation / Summary of Proposed Bill or Regulation Status Link Kansas HB 2552 / Would have allowed the College of Veterinary Medicine at Sine Die- SB 320 Kansas State University to enter into a veterinary program Failed agreement with up to twenty, but no less than, five first-year veterinary students annually. Preference would have been given to students who are Kansas residents and who agree to serve in a county which has been determined by the College to be an underserved area for the practice of veterinary medicine. Kansas HB 2553 Would have amended veterinary program agreement Sine Die- requirements to include a person that engages in the full-time Failed practice of veterinary medicine in a county with a population not exceeding 40,000 (at the time the person entered into the program agreement). This person would have been required to work in this county for at least 12 continuous months for each separate year a student receives this type of loan. Minnesota SF 3062 This new law establishes a large animal veterinarian loan Signed into forgiveness program account in the special revenue fund. law on 5 / 29 / 18 Minnesota HF 3638 / Would have: Sine Die- SF 3671 1. Established a large animal veterinarian loan forgiveness Failed program in the special revenue fund; and 2. Required the Commissioner to report to the committee having jurisdiction over the Office of Higher Education regarding the balance of the large animal veterinarian loan forgiveness program by December 1 of each year. Minnesota SF 3656 Would have established the large animal veterinarian loan Vetoed by the forgiveness program in the special revenue fund. Governor on 5 / 23 / 18 New Jersey S 737 Would: Introduced 1. Direct Higher Education Student Assistance Authority 1 / 9 / 18 (HESAA) to contract with out-of-state schools of veterinary medicine for the acceptance of 30 New Jersey students for (Still in the 2017-2018 academic year and to increase the number session) of contractual agreements for an additional 30 students in each of the next three subsequent academic years, until the total number of contractual agreements supports the education of 120 students in the 2020-2021 academic year; and 2. Establish a service requirement for students whose education is supported through these contractual agreements. 3. Upon completion of a student’s veterinary medical education, the student will be required to work in a veterinary medicine position in New Jersey for a period of 18 months for each year of contract funding provided for the student. 4. If this service requirement is not met in whole or in part, then the student is obligated to refund to HESAA the portion of the funding that has not been redeemed through service in the State. Vermont H 924 Would have appropriated $30,000 to the Agency of Agriculture, Vetoed by the Food and Markets for a large animal veterinarian loan Governor on repayment program. 5 / 22 / 18
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Law Enforcement / Animal Control
State Citation / Summary of Proposed Bill or Regulation Status Link Delaware Dept of Would establish: Proposed Health & 1. Minimum training requirements for the certification of 9 / 1 / 18 Social Svcs animal welfare officers; and / 4502 2. Procedures for documenting all complaints filed against the officers / agents and conducting investigations of these complaints. Illinois HB 4690 Would have required: Sine Die- 1. Every police dog to receive an annual medical examination Failed by a licensed veterinarian and receive a rabies vaccine before starting service; and 2. Any vehicle transporting police dogs to be equipped with a heat sensing monitoring device that: a. Monitors the internal temperature of the vehicle in which the police dog is being transported; b. Provides an audible and visual notification in the vehicle if the interior temperature reaches 85 °F which remotely notifies the law enforcement responsible for the police dog or the law enforcement agency’s 24- hour dispatch center; a Has a safety mechanism to reduce the interior temperature of the vehicle. Massachusetts H 4558 / Would have: Sine Die- H 4599 1. Required the director to establish mandatory training Failed programs for all municipal animal inspectors; 2. Specified that this training shall ensure that inspections are conducted on a consistent basis and that inspectors are educated on matters including animal health and welfare; and 3. Required each inspector complete this training within 90 days of appointment, and every 2 years thereafter. Massachusetts H 4835 Would have: Vetoed by the 1. Required the Director of Animal Health to establish Governor on mandatory training programs for all municipal animal 8 / 13 / 18 inspectors; 2. Specified that these training programs shall be designed to ensure that inspections are conducted on a consistent basis and that inspectors are educated on matters including animal health and welfare; and 3. Required animal inspectors to complete training no more than 90 days after being appointed and every 2 years thereafter. Michigan HB 6205 Would have: Vetoed by the 1. Allowed the State Veterinarian to: Governor on a. Require that the importation and use of veterinary 12 / 31 / 18 biologics be reported the Department; and b. Restrict the use of certain veterinary biologics to veterinarians when the disease involved has a substantial impact on public health, animal health, or the animal industry. 2. Allowed the Director to require: a. Control for the movement of animals to prevent a specific reportable animal disease; and
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b. An official intrastate health certificate or certificate of veterinary inspection signed by an accredited veterinarian. 3. Required any equidae to have an official Equine Infectious Anemia test with a negative result within the last 12 months of entry; 4. Prohibited a person from importing a large carnivore or wolf-dog cross; and 5. Required a fair, exhibition, or exposition to have an accredited veterinarian on call whenever there are animals on the premises. Michigan SB 710 Would specify that an animal control agency, taking custody of Sine Die- an animal, shall give notice within 72 hours after an animal has Failed been seized by one of the following methods: 1. Posting at the Location of the Seizure, 2. Delivery to a Person Residing at the Location of the Seizure, 3. Registered Mail to the Location of the Seizure, if the Owner of the Animal is Unknown, 4. Registered Mail to the Last Known Address of the Animal’s Owner, if the Owner of the Animal is Known. Under this bill, a prosecuting attorney would have the burden to establish that there is probable cause to believe a violation has occurred, and by a preponderance of the evidence that the amount of the security deposit or bond is fair and reasonable for the care of the seized animal. Missouri SB 797 Would have: Sine Die- 1. Specified that each individual or organization seeking to Failed train peace officers in responding to animal neglect and abuse incident reports shall, on an annual basis, submit all training materials relating to animal care and to criminal offenses involving animals to the state veterinarian and to the Department of Public Safety for review and approval to ensure that such materials are in uniformity; and 2. Charged a person with unlawful animal care training if he or she knowingly engages in the business of animal care training, as either an individual or on behalf of an organization, if such individual is performing such training: a. Using materials relating to animal care that have not been certified by the state veterinarian for being in uniformity; b. Using materials relating to criminal offenses involving animals that have not been certified by the department of public safety for being in uniformity. New York A 10778 Would: Sine Die- 1. Require state police officers, who are police detection dog Failed handlers, to be trained in how to administer an opioid antagonist to dogs that overdose on opioids as a result of detecting controlled substances; and 2. Specify that the training shall include administering antagonists intranasally, intravenously, or intramuscularly to dogs and any required follow-up procedures. Ohio Attorney Would require basic peace officer training to include no less Proposed General / than 1 hour on companion animal encounters and behavior. 10 / 23 / 18 109:2-1-13
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Legal Issues
State Citation / Summary of Proposed Bill or Regulation Status Link District of Zoning This new regulation: Finalized on Columbia Cmsn / 1. Clarifies that veterinary boarding hospitals are permitted by 11 / 2 / 18 (D.C.) N0074598 special exception in the zones to which MU-Use Groups C, D, and E apply; 2. Permits veterinary boarding hospitals and veterinary hospitals to abut existing residential uses in mixed-use buildings if certain conditions are met; and 3. Permits the boarding of domesticated dogs. Illinois HB 5211 / Would have allowed a professional limited liability company to Sine Die- SB 3398 be formed and provide veterinary services only if all the Failed managers and members are licensed veterinarians. Iowa HF 2315 Would have: Sine Die- 1. Classified a dog as property only if the dog is less than 6 Failed months of age or owned by a person as evidenced by proof of identification, which is limited to a rabies prevention credential, a tattoo, an implanted device, or a DNA profile; 2. Required a dog owner to obtain rabies vaccination credentials for any dog that is 6 months or older. This would include a rabies vaccination certificate and rabies vaccination tag to be worn on the dog’s collar. Kentucky HB 515 Would have allowed the Board of Veterinary Medicine to stop Sine Die- the unlawful practice of veterinary medicine by unlicensed Failed persons by seeking an injunction in the Circuit Court of the counties in which those persons practice. Minnesota HF 4055 Would have: Sine Die- 1. Prohibited fee splitting including, without limitation, any Failed arrangement where a pharmacy, not significantly owned by a prescribing practitioner, fills a prescription and the prescriber is involved in setting the price that is charged to the patient or a person paying for the prescription, in the case of veterinary patients; and 2. Allowed a veterinarian and a pharmacy to enter into such an arrangement if the client or person buying the prescription has been notified and is given, upon request, information concerning the amount of reimbursement both the pharmacy and the veterinarian receive for specific prescriptions. New Jersey A 480 / Would shorten the statute of limitations period for malpractice Introduced S 2264 actions brought against licensed veterinarians. 3 / 8 / 18 Specifically, malpractice claims would be required to be brought within two years of the date of the alleged action. (Still in session) New Jersey A 3117 Would create statutory rights of action for pecuniary damages Introduced against persons committing certain acts of harm to domestic 2 / 8 / 18 companion animals that includes, but is not limited to, the following: (Still in 1. Economic value of the Animal; session) 2. Replacement Value of the Animal; 3. Breeding Potential of the Animal; 4. Veterinary Expenses incurred by the Owner in Treating the Animal; 5. Reasonable Burial or Cremation Expenses;
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6. Reimbursement of Animal Training Expenses; 7. Any unique or special value of the animal, such as if the animal is a guide or service animal; and 8. Lost Wages incurred by the owner due to the loss of or injury to the animal. New Jersey A 3577 Would charge a person with a third-degree crime if he or she: Introduced 1. Performs surgery or any other serious operation on any 3 / 12 / 18 animal; 2. Attempts to cause or purposely or knowingly causes a (Still in serious injury, harm, or death of any animal; session) 3. Presents a substantial likelihood of committing another violation; or 4. Is involved in organized criminal activity. New York S 8722 Would have: Sine Die- 1. Held a person liable if he or she intentionally, recklessly, or Failed negligently causes the death of a companion animal by act or omission; and 2. Specified that he or she is liable for the following damages: a. Fair monetary value of the deceased animal to his or her owner; b. Loss of the reasonable expected society; companionship, comfort, protections, and services of the companion animal to his or her owner; c. Court costs and reasonable attorney’s fees; and d. Other reasonable damages resulting from the act or omission. Rhode Island HB 7512 / This new law expands the statute of limitations for veterinary Signed into SB 2865 malpractice suits and allows a: law on 1. Minor to bring a malpractice action at any time until he or 7 / 2 / 18 she turns 21 years old; and 2. Disabled person, by reason of mental incompetence, to bring a malpractice action within 3 years, from the removal of this disability, if no other person has brought a suit within 3 years of the incident date. Vermont S 161 Would have prohibited the use of vertebrate animals in non- Sine Die- medical research testing if there is an alternative test method Failed that does not use vertebrate animals and provides equivalent or better scientific information than the animal test it replaces. Virginia HB 1087 This new law: Signed into 1. Prohibits any manufacturer or contract testing facility from law on using an animal test method when an alternative test 3 / 30 / 18 method is available; and 2. Allows a manufacturer or contract test facility to use an animal test method for the purpose of medical research.
Licensure
State Citation / Summary of Proposed Bill or Regulation Status Link District of Dept of This new regulation: Finalized on Columbia Consumer & 1. Prohibits the Board of Veterinary Medicine (Board) from 10 / 12 / 18 (D.C.) Reg Affairs / denying a license application or suspending / revoking a N0074319 current license if a person has been convicted of one or more criminal offenses in D.C. or another jurisdiction;
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2. Provides an exception to this prohibition if the Board first evaluates the applicant’s or licensee’s fitness to engage in the profession or occupation; and 3. Specifies that when the Board bases a decision on the applicant’s or licensee’s criminal history, it must show: a. There is a potential direct relationship between the nature of one or more of the criminal offenses and the specific license sought or held; or b. The issuance or retention of the license could involve an unreasonable risk to property, safety, or welfare of specific individuals or the general public. District of Dept. of Would: Proposed Columbia Health / 1. Clarify that the practice of veterinary medicine is now 10 / 19 / 18 (D.C.) N0074387 regulated as a health occupation; and 2. Add the Board of Veterinary Medicine to the list of health occupation boards with administrative and enforcement authorities. District of Dept. of Would: Proposed Columbia Health / 1. Prohibit any person from practicing as a veterinary 10 / 19 / 18 (D.C.) N0074390 technician unless they are duly certified or authorized; 2. Require an applicant for a veterinary technician certification to furnish proof that: a. The applicant successfully graduated from a two-year associate program in the practice of veterinary technology or animal health at an accredited institution; b. The applicant obtained a passing score on the Veterinary Technician National Examination or its successor examination, administered by the American Association of Veterinary State Boards or its successor; and c. The applicant demonstrates to the Board’s satisfaction that they possess competent knowledge and understanding of the laws and rules pertaining to veterinary practice in the District. 3. Allow a certified veterinary technician to refer to him or herself or be referred to as a “veterinary nurse”; and 4. Allow a supervising veterinarian to delegate certain functions and duties to a veterinary technician to be performed under the veterinarian’s direct and indirect supervision. District of Dept. of Would require an applicant for a veterinary euthanasia Proposed Columbia Health / technician certificate to: 10 / 19 / 18 (D.C.) N0074521 1. Complete a Board of Veterinary Medicine-approved 16- hour certification course; and 2. Demonstrate to the Board’s satisfaction that they possess competent knowledge and understanding of the laws and rules pertaining to veterinary euthanasia practice in the District. Illinois SB 3646 Would have: Sine Die- 1. Created the Occupational Board Reform Act; Failed 2. Allowed an individual with a criminal conviction to submit a preliminary application to a licensing board to determine if the individual’s conviction disqualifies them from obtaining an occupational license;
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3. Required a licensing board to issue the determination in writing within 90 days after receiving the preliminary application; 4. Beginning in 2019, required each General Assembly standing committee to review and analyze approximately 20% of the occupational regulations within its jurisdiction and submit an annual report to the General Assembly by December 15 of each year; 5. Required each standing committee to review all occupational regulations within its jurisdiction every 5 years; and 6. Allowed a standing committee to recommend the least restrictive regulation consistent with the public interest and specified policies if the standing committee finds that it is necessary to change occupational regulations. Louisiana SB 40 This new law moves the Board of Veterinary Medicine from Signed into the Louisiana Department of Health to the Department of law on Agriculture and Forestry. 5 / 23 / 18 Maryland Dept. of Ag / This new regulation: Finalized on 15.14.09 1. Requires a Board Examination applicant to sign a 12 / 7 / 18 statement before a notary public attesting they have read and comprehend the laws and regulations governing the practice of veterinary medicine or sign an online statement in conjunction with the Board’s online application process attesting to this fact with a signature that may be electronic; 2. Requires an applicant to submit the following to the State Board within 1 year from the date the Board received the application: a. A complete and notarized exam application or an online exam application developed by the Board and submitted online with a signature that may be electronic; b. The application fee in the form of a check or money order, payable to the Maryland Department of Agriculture, or in the form of an online credit card payment or other e-payment submitted in conjunction with an online application developed by the Board; and c. One 2”x3” headshot photograph of the applicant, taken within 6 months of the application date, with the applicant's complete signature on the photograph or a headshot photograph of the applicant, taken within 6 months of the application date, that is uploaded with an online application developed by the Board and attested to as true and accurate with a signature that may be electronic. Maryland Dept. of Ag / This new regulation requires an applicant to sign a statement Finalized on 15.14.13 before a notary public or provide an e-signature in 12 / 7 / 18 conjunction with an online application developed by the State Board of Veterinary Medical Examiners (SBVME) attesting to the fact that the applicant understands the laws and regulations of the practice of veterinary medicine in order to pass the SBVME and requires an applicant to submit the following to the SBVME within 1 year from the date the Board received the application:
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1. A complete and notarized exam application or an online exam application developed by the SBVME and submitted online with a signature that may be electronic; 2. The application fee in the form of a check or money order, payable to the SBVME or in the form of an online credit card payment or other electronic payment submitted in conjunction with an online application developed by the SBVME; and 3. One 2”x3” headshot photograph of the applicant, taken within 6 months of the application date, with the applicant's complete signature on the photograph or a headshot photograph of the applicant, taken within 6 months of the application date, that is uploaded with an online application developed by the SBVME and attested to as true and accurate with a signature that may be electronic. Michigan HB 6114 Would: Sine Die- 1. Require the Michigan Law Revision Commission Failed (“Commission”) to annually review the occupational regulations of approximately 20% of the occupations beginning 1 / 1 / 2019; 2. Require this Commission to review all occupation regulation every 5 years and evaluate whether those regulations are consistent with the policy of using the least restrictive regulation needed to protect consumers; 3. Define “certification” to mean a voluntary program where the government or a private organization grants recognition to an individual who meets established personal qualifications; and 4. Specify that certification is not synonymous with the term occupational license. Minnesota HF 3640 / Would have allowed each health-related licensing board, Sine Die- SF 3180 including the Board of Veterinary Medicine, to require the Failed following individuals submit a criminal history records check of state data completed by the Bureau of Criminal Apprehension and a national criminal history records check: 1. Applicants for initial licensure or licensure by endorsement; 2. Applicants seeking reinstatement or re-licensure; or 3. Licensees applying for eligibility to participate in an interstate licensure compact. Missouri Dept of This new regulation: Finalized on Insurance / 1. Eliminate the Veterinary Technician Committee; 12 / 17 / 18 20 CSR 2. Stipulate that the Missouri Veterinary Medical Board 2270-1.011 (MVMB) consists of: a. The State Veterinarian, who serves ex officio; and b. 5 appointed members, including a voting public member appointed by the governor for terms of 4 years each; 3. Require MVMB to have at least 1 business meeting per year. Missouri Dept of This new regulation requires: Finalized on Insurance / 1. An applicant’s official transcript to be translated into 12 / 17 / 18 20 CSR English at the expense of the applicant, if it is not already 2270-1.031 in English; 2. A translated transcript to be signed by the translator and the signature notarized by a notary public; and 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
3. An applicant to provide the MVMB with the translated transcript along with a copy of the applicant’s official transcript. Missouri Dept of This new regulation: Finalized on Insurance / 1. Clarifies that the MVMB determines if an applicant is 12 / 17 / 18 20 CSR eligible to sit for the State Board Examination by 2270-2.031 reviewing the application and documentation required; and 2. Repeals prior time deadlines to apply for the examination. Missouri Dept of This new regulation specifies that any applicant that has Finalized on Insurance / failed the licensing examination can apply to retake: 12 / 17 / 18 20 CSR 1. The North American Veterinary Licensing Examination by 2270-2.041 August 1 and January 3 prior to each test window; and 2. The Missouri State Board Examination 30 days prior to retaking the examination. Missouri Dept of This new regulation requires a regularly organized group of Finalized on Insurance / veterinarians that wants to sponsor an educational program 12 / 17 / 18 20 CSR in Missouri to submit a copy of the program schedule and 2270-4.042 outline to the MVMB’s executive director no less than 30 days prior to the date of the scheduled program. New SB 589 This new law establishes a procedure for individuals to Signed into Hampshire petition an occupational or professional licensure state board law on for a determination of whether the individual's criminal record 7 / 5 / 18 will disqualify the individual from obtaining a license. New Jersey A 373 / Would specify that professional and occupational licensing Introduced S 2448 boards shall not charge a license fee to a veteran or the 9 / 27 / 18 spouse of a veteran when granting a license to practice in New Jersey on the basis of reciprocity. (Still in session) New Jersey A 2810 / Would: Introduced S 2963 1. Direct a regulatory officer to review and approve 9 / 24 / 18 regulations, actions, and decisions proposed by a licensing board to make sure it is consistent with, and (Still in promotes, clearly articulated and affirmatively expressed, session) State policy; 2. Give a regulatory officer the ability to disapprove, veto, modify, amend, or remand a proposed regulation if it is not consistent with, and does not promote, state policy; and 3. Stipulate that a proposed regulation will not take effect unless a regulatory officer has conducted a review of the language and deems that it is not creating a private right of action or precludes any action to address possible anticompetitive impact. New Jersey A 4124 / Would require animal and veterinary facilities to register with Introduced S 2832 the State Board of Veterinary Medical Examiners and to be 7 / 23 / 18 inspected on an annual basis. (Still in session) New Jersey A 4720 Would require professional boards to issue professional Introduced licenses for veterans with good standing in another 11 / 26 / 18 jurisdiction if the applicant: 1. Was honorably discharged from active military service; (Still in 2. Their license, certificate, or certification is in good session) standing in another jurisdiction; and
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3. Complies with all other requirements for licensure, including, without limitation, any requirement for examination. New Jersey S 3131 Would: Introduced 1. Define veterinary technician and veterinary assistant; 10 / 18 / 18 2. Allow a veterinary technician to perform any task for which the technician has been trained as delineated in (Still in the AVMA’s essential task list for veterinary technician session) teaching programs under the supervision of a veterinarian; 3. Require an applicant for a veterinary technician license to submit the following to the Board of Veterinary Medicine (Board): a. An application on the prescribed form; b. Information to enable the Board to conduct a criminal history background check if required; and c. Any other information required by the Board 4. Requires the Board to issue a veterinary technician license if the applicant: a. Passes the Veterinary Technician National Examination, or any other examination as required by the Board; b. Is at least 18 years of age; and c. Has graduated from a college level program accredited by the AVMA. New York A 11057 / Would have required all licensees to report any: Sine Die- S 8909 1. Criminal conviction, in any jurisdiction, within 30 days Failed after the conviction is entered; 2. Determination of professional misconduct, in any jurisdiction, within 30 days after the individual receives the notification; and 3. Adverse employment action, in any jurisdiction, within 30 days after the individual receives the notification. Ohio HB 583 Would have: Sine Die- 1. Removed the licensing requirement that an applicant Failed demonstrate good moral character, as determined by the Board of Veterinary Medicine; and 2. Allowed the Board to deny issuing or renewing a license to an applicant convicted of a disqualifying offense. Ohio HB 716 / Would have allowed a licensing body to issue a temporary Sine Die- SB 320 professional license to members of the military and spouses Failed who are licensed in another jurisdiction and have moved to Ohio for active duty. Ohio SB 255 Would have: Sine Die- 1. Specified that an occupational licensing board expires 5 Failed years after it was created or renewed, or on December 31, 2023, whichever is later; 2. Required standing committees of the General Assembly to periodically review occupational licensing boards regarding their sunset; 3. Given the licensing board the burden of demonstrating the public need for continued existence to the standing committee; 4. Required the Legislative Service Commission to perform assessments of occupational licensing bills and state regulation of occupations; and
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5. Required the Director of the Legislative Service Commission to perform an assessment of 20% of occupations subject to regulation every year. Ohio SB 337 Would have changed the professional title of "registered Sine Die- veterinary technician" to "registered veterinary nurse." Failed Pennsylvania State Board Would: Proposed of V Med / 1. Define a veterinary assistant to mean a person that does 11 / 24 / 18 18-1823 not hold certification as a veterinary technician and whom a veterinarian deems competent to perform certain tasks under direct veterinary supervision or immediate veterinary supervision; 2. Remove the term “non-certified employee” from this regulation; 3. Allow veterinary technician students to sit for the Veterinary Technician National Examination when they are enrolled in the final year of an approved veterinary technician program and has completed at least half of the credits required for completion of the program; 4. Update the certified veterinary technician’s code of ethics to include the following: a. A certified veterinary technician may not compromise the confidentiality of the veterinarian-client-patient relationship; b. A certified veterinary technician shall not engage in conduct which a reasonable person would believe is intended to coerce, pressure, or intimidate another person to file, not file, or withdraw a complaint made to the Board or any law enforcement official regarding matters related to the certified veterinary technician's practice; c. A certified veterinary technician shall not abuse, harass, or intimidate a client, former client, colleague, or associate in the course of professional practice; d. A certified veterinary technician shall not abuse or neglect any animal whether or not the animal is a patient; and e. A certified veterinary technician shall report to the Board any veterinary technician or veterinarian deficient in professional competence, professional conduct or ethical conduct. Rhode Island HB 7764 / Would have removed crimes of moral turpitude as a cause Sine Die- SB 2337 for denying a veterinarian a license. Failed Rhode Island HB 8122 / This new law removes the “verified by oath” requirement Signed into SB 3006 when an applicant sends a licensure application to the Board law on of Veterinary Medicine. 7 / 2 / 18 Texas Board of V Would prohibit a veterinarian from disclosing any information Proposed Med concerning the relationship between the veterinarian and the 10 / 5 / 18 Examiners / client except: 22 TAC 1. For law enforcement purposes, 573.28 2. Upon receipt by the veterinarian of an appropriate court order or subpoena; or 3. As part of a good faith effort to determine ownership of the animal. Utah Occup. & Would: Proposed Prof. 1. Add the definition of “working under” to mean an 10 / 1 / 18 Licensing, individual:
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Commerce / a. Who performs services in Utah as unlicensed R156-28 assistive personnel while employed by a licensed veterinarian; b. Whose manner and means of work performance are subject to the right of control of, or are controlled by, a licensed veterinarian; c. Whose compensation for federal income tax purposes is reported, or is required to be reported, on a W-2 form; and d. Who is entitled to workers compensation and unemployment insurance provided by the individual's employer under state or federal law. 2. Clarify the examination requirements when initially sitting for the North American Veterinarian Licensing Examination (NAVLE) and when retaking the NAVLE; and 3. Specify that a licensee’s required number of continuing education hours shall be decreased proportionately if a licensee first becomes licensed during the two-year period. Washington V Board of Would: Proposed Governors / 1. Decrease the reporting period so that 30 hours of 10 / 19 / 18 WSR 18-21- continuing education (CE) would be required every 2 143 years instead of every 3 years; 2. Allow a licensee to complete a specialty certification or a residency program to qualify in lieu of the 30-hour CE requirement; 3. Require a veterinarian to obtain documentation of completed CE that includes: a. The name and credentials or qualifications of the CE provider; b. The date of attendance or completion; c. Course title or subject; and d. The number of hours earned; 4. Allow a veterinarian to obtain the following CE: a. A minimum of 20 scientific or clinical credit hours in any 2-year reporting period; b. A maximum of 10 practice management or professional development credit hours in any 2-year reporting period; c. A maximum of 10 teaching credit hours in any 2-year reporting period; and d. A maximum of 10 credit hours in any 2-year reporting period for completion of pre-programmed educational materials. Wisconsin V Examining Would: Proposed Board / SS 1. Reorganize existing Veterinary Examining Board 8 / 27 / 18 100-18 requirements for purposes of clarity and to codify existing licensing policies and fees; and 2. Consolidate the 10 current administrative chapters into three subject areas relating to veterinarians, veterinary technicians, and a professional assistance program.
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Livestock / Agricultural
State Citation / Summary of Proposed Bill or Regulation Status Link California AB 3021 Would have prohibited a: Sine Die- 1. Farm owner from confining an egg-laying hen in an Failed enclosure that is not in compliance with specified standards; and 2. Person from selling eggs from an egg-laying hen that was in an enclosure not in compliance with these standards. Florida Dept of Ag This new regulation: Finalized on & 1. Requires all dairy goats 6 months of age or older imported 12 / 14 / 18 Consumer for exhibition purposes to: Svcs / 5C- a. Originate from an accredited herd; and 4.005 b. Have a negative caudal fold tuberculosis test within 90 days prior to exhibition. 2. Requires the Official Certificate of Veterinary Inspection to show the accredited herd number and the date of the last herd accreditation test. Hawaii SB 3085 Would have allowed inspection, quarantine, and approval of Sine Die- aquaculture livestock to be performed and administered by the Failed Division of Animal Industry. Illinois SB 3429 Would have: Sine Die- 1. Created the Administration of Antibiotics to Food- Failed Producing Animals Act; and 2. Allowed a food-producing animal to receive a medically important antibiotic from a licensed veterinarian if he or she has visited the farm operation within the past 6 months and only if the antibiotic is deemed necessary to treat or control the spread of a disease. Kentucky Dept of Ag This new regulation repeals Kentucky’s brucellosis eradication Finalized on / 301 KAR protocol. 8 / 9 / 18 20:581 Kentucky Dept of Ag This new regulation repeals Kentucky’s pseudorabies program. Finalized on / 301 KAR 8 / 9 / 18 20:211 Louisiana HB 197 This new law prohibits the importation of any live cervid from Signed into outside the state. law on 5 / 10 / 18 Louisiana HB 393 This new law: Signed into 1. Requires livestock dealers to obtain a permit from the law on Board of Animal Health annually on a form prescribed by 5 / 23 / 18 the Board. 2. Allows the Board to deny, revoke, or suspend any permit for the following: a. Making material misstatements in a permit application; b. Allowing permit use by un-permitted persons; c. Being convicted of certain crimes; d. Facing disciplinary actions by the U.S. Dept. of Agriculture (USDA); e. Lack of qualifications; or f. Having unpaid fines or penalties. Maryland Dept of Ag Would: Proposed / 18-196 1. Allow a person to administer a medically important 8 / 3 / 18 antimicrobial drug to cattle, swine, or poultry if, in the
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professional judgment of a licensed veterinarian, the antimicrobial drug is necessary: a. To treat a disease or infection; b. To control the spread of a disease or infection; or c. For a surgery or medical procedure. 2. Allow a person to administer an antimicrobial drug if a veterinarian finds that the drug is necessary for prophylaxis to address an elevated risk of contraction of a particular disease or infection; 3. Prohibit a person from administering an antimicrobial drug solely for: a. Promoting weight gain; or b. Improving feed efficiency. Missouri HB 1750 Would have prohibited the state or any of its entities from Sine Die- implementing or otherwise enforcing the U.S. Food and Drug Failed Administration’s veterinary feed directive rules, or any substantially similar federal rule, that requires a livestock producer to obtain a veterinary feed directive to use medicated feed for such livestock and requires veterinary oversight for its use. Montana Livestock / This new regulation: Finalized on 32.3.108 et 1. Amends the definition of health certificate and tuberculosis 10 / 5 / 18 seq. test-eligible bison; 2. Requires imported domestic bison to be officially identified before importation and listed on the official health certificate; and 3. Requires all sexually intact female cattle and domestic bison, 12 months or older, to be vaccinated for brucellosis if the animal resides in a county that borders or contains the Brucellosis Designated Surveillance Area. New NH Dept. This new regulation: Finalized on Hampshire of Ag Requires more specific information on the license application 6 / 18 / 18 Markets & for livestock dealers, including: Food / Ag 1. A background check, 1900 2. The production and retention of specific records important to the production of animal health and agriculture-based businesses, and 3. The licensee has disease control practices and veterinary care available. Readopts the existing license fees; and Establishes new inspection standards. New Jersey A 3752 / Would: Introduced S 161 1. Establish the offense of cruel confinement of a gestating 4 / 5 / 18 sow; 2. Define cruel confinement as crating, confining, or tethering (Still in a gestating sow kept on the farm in a manner that prevents session) the gestating sow from being able to turn around freely, lie down, stand up, or fully extend its limbs; 3. Exempt the use of farrowing crates as an animal cruelty offense; and 4. Define farrowing crates as enclosures or enclosing devices commonly used with gestating sows to protect piglets from injury during the birthing process and afterwards while nursing. New Jersey Division of This new regulation readopts rules that describe various Finalized on Animal embargoes and import requirements for livestock entering New 4 / 2 / 18 Health / 50 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
N.J.R. Jersey in order to meet the legislatively required mandate to 1101(a) provide adequate disease control for New Jersey’s livestock. Ohio Dept. of Ag This new regulation: Finalized on / 901:1-18- 1. Prohibits a person from exhibiting an animal which he or 6 / 11 / 18 04 she knows is infected with a contagious or infectious disease; 2. Requires the animal’s owner to immediately remove an infected animal from the exhibition premises; and 3. Requires each person who presents an animal for exhibition to present any certificate of veterinary inspection, registration certificates, vaccination certificate, and other documents to exhibition officials, the approved veterinarian, or the department upon request. Ohio Dept of Ag This new regulation: Finalized on / 901:1-11- 1. Allows the Department of Agriculture to quarantine any 9 / 4 / 18 05 animals or premises where pseudorabies is known to exist, or which there is good reason to suspect the presence of pseudorabies; and 2. Outlines the terms for the release of a quarantine. Ohio Dept of Ag This new regulation outlines the intrastate movement Finalized on / 901:1-11- requirements for animals within certain pseudorabies areas. 9 / 4 / 18 07 Ohio Dept of Ag This new regulation requires the Department of Agriculture to Finalized on / 901:1-11- quarantine pseudorabies exposed herds and require testing of 9 / 4 / 18 08 the animals within the herd. Ohio Dept of Ag This new regulation outlines the mandatory eradication Finalized on / 901:1-11- requirements of herds found to be infected with pseudorabies. 9 / 4 / 18 09 Ohio Dept of Ag This new regulation specifies the standards for brucellosis tests Finalized on / 901:1-5- and official brucellosis vaccinations. 9 / 6 / 18 03 Rhode Island HB 7456 This new law prohibits the confinement of any sow during Signed into gestation, calf raised for veal, or egg-laying hen that is kept on law on a farm in a manner that prevents the animal from turning 7 / 10 / 18 around freely, lying down, standing up, or fully extending the animal’s limbs. Texas Animal This new regulation exempts a bull from Trichomoniasis testing Finalized on Health requirements if: 8 / 31 / 18 Cmsn / 4 1. The bull enters from a premise of origin and moves directly TAC 51.8 to a federally approved livestock market and also does not require an entry permit or CVI; or 2. The bull enters from somewhere other than a premise of origin and is moved by a permit directly to a federally approved livestock market that isolates the bull from female cattle at all times. Washington Dept. of Would: Proposed Ag. / WSR 1. Remove the definition of a restricted feedlot; 10 / 24 / 18 18-21-183 2. Specify that a Certificate of Veterinary Inspection (CVI) is not required for domestic bovine that will be delivered to the following within 12 hours after entry into Washington: a. Federally inspected slaughter facilities for immediate slaughter; b. State-federal approved livestock markets for sale for immediate slaughter only; c. No more than one approved livestock market where import requirements can be met; or
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d. Cattle moving interstate from contiguous states on grazing permits, so long as testing and vaccination requirements are met, as required by each state veterinarian; and 3. Repeal a prior CVI exemption for animals that are delivered to a feed lot for slaughter.
Pet Issues
State Citation / Summary of Proposed Bill or Regulation Status Link Arizona SB 1376 This new law: Signed into 1. Allows a landlord to immediately remove a tenant’s law on abandoned animal and release the animal to a shelter or 4 / 3 / 18 boarding facility; and 2. Requires the landlord to keep a record of the name and location of the shelter to which the animal was released. California AB 2445 This new law: Signed into 1. Requires a pet store operator to maintain records law on documenting the health, status, and disposition of each 7 / 20 / 18 animal sold for at least one year after the sale; 2. Requires an operator to provide the adoption policies of the organization that supplied each animal; and 3. Requires the organization providing the animal to the pet store, upon request of the pet store operator, to provide adoption and surrendering policies and information about the animal. Florida HB 1257 / The “Boomer Grace Act” would have: Failed on SB 1488 1. Authorized damages that may be recovered when a 3 / 10 / 18 animal has been harmed by negligent, intentional, reckless, or indifferent conduct; 2. Established the conditions under which recovery is available; and 3. Allowed an animal owner to recover the following, but not limited to, damages: a. Monetary or replacement value of the animal, b. Veterinary expenses incurred in treating the animal, c. Reimbursement of animal training expenses, including, but not limited to, the cost of any specialized training for police animals and service animals, d. Burial or cremation expenses, e. Loss of breeding potential of the animal, f. Loss of companionship, g. Punitive damages, if the person is found liable for recklessly, indifferently, or intentionally causing the serious injury to or death of the animal. Florida Division of This new regulation specifies that: Finalized on Animal 1. A dog or cat owner to obtain an official certificate of 4 / 17 / 18 Industry / veterinary inspection before he or she transfer of ownership 5C-27.001 of the animal within the State of Florida; and 2. The original certificate of veterinary inspection be provided to the owner or agent to whom ownership is being transferred.
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Illinois HB 5029 This new law: Signed into 1. Defines boarding, cat breeder, dog breeder, and day care law on operator; 8 / 14 / 18 2. Prohibits a dog or cat breeder from separating a puppy or kitten from its mother until the animal is 8 weeks old; and 3. Prohibits a day care operator, dog breeder, or cat breeder from operating without obtaining a license beforehand. Illinois HB 5807 Would have: Sine Die- 1. Allowed a pet shop operator to sell dogs, cats, or rabbits Failed only if the animal has been obtained from an animal control facility, animal shelter, or rescue group; and 2. Required pet shop operators to maintain records sufficient to document the source of each dog, cat, or rabbit sold for at least one year following the date of acquisition. Indiana SB 16 Would have required a research facility or an authorized Sine Die- employee of the research facility to offer a retired research Failed animal for adoption: 1. Through an animal care facility; or 2. By an individual through an arrangement between the research facility and the individual.
However, a research facility would not have been able to offer a research animal for adoption that has a substantial medical condition. Maryland HB 1662 This new law: Signed into 1. Prohibits a retail pet store from selling cats or dogs; and law on 2. Exempts retail pet stores if the store works with an animal 4 / 24 / 18 welfare organization to offer space for these entities to showcase cats or dogs for adoption. Maryland SB 238 Would have provided a tax deduction, up to $3,000, for Sine Die- qualified pet expenses paid by the taxpayer during the taxable Failed year.
A qualified pet expense would have included the: 1. Registration or licensing of a qualified pet, and 2. Veterinary care and vaccination of a qualified pet. Massachusetts S 2331 Would have: Sine Die- 1. Prohibited a person from selling a puppy or kitten that is Failed under 8 weeks old; 2. Allowed a licensed veterinarian to declare a puppy or kitten unfit for sale by affirming an examination took place: a. Within 14 days after the transfer of the animal if the animal was declared unfit for sale based on an illness that existed prior to or at the time of the sale; b. Within 1 year after the sale or transfer of an animal if declared unfit for sale based on a hereditary or congenital condition that has a significant adverse effect on its health; or c. Within 1 year after the sale or transfer of an animal if the breed, sex or health of the animal was misrepresented at the time of the transfer. Massachusetts S 2387 & Would have: Sine Die- S 2624 1. Required a research institution to offer a research dog or Failed cat to an animal shelter for adoption before euthanizing the animal; 2. Specified that a research institution is not required to offer a dog or cat to an animal shelter if the animal: 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
a. Manifests a behavioral or temperamental defect that poses a risk to the health and safety of the public; or b. Manifests symptoms of a disease, injury, congenital or hereditary condition that adversely affects, or is likely to adversely affect, the health of the dog or cat. Massachusetts S 2461 Would have allowed the Department to establish rules for Sine Die- boarding kennels and dog daycare facilities. These rules would Failed have included, but are not limited to, the following: 1. Staff qualifications and development; 2. Provider / dog ratios and interaction; 3. Group sizes and supervision; 4. Minimum housing and care requirements; 5. Indoor and outdoor physical facility requirements; 6. Breed familiarity; and 7. Emergency response training. Michigan HB 5916 Would have: Vetoed by the 1. Prohibited a pet shop from selling a dog unless the dog Governor on was obtained from: 12 / 31 / 18 a. An Animal Control Shelter; b. An Animal Protection Shelter; c. A Dog Retailer; or d. A Qualified Breeder. 2. Prohibited a pet shop from selling any of the following: a. A dog that is less than 8 weeks old; b. A dog without a pet health certificate; c. A dog that does not have a permanent implanted identification microchip; or d. A dog to an individual that is younger than 18 years old. Michigan HB 5917 Would have: Vetoed by the 1. Prohibited local governing bodies from enacting ordinances Governor on or rules that regulate a qualified pet shop; and 12 / 31 / 18 2. Prescribed the powers and duties of certain local officers and officials. Missouri Dept of This new regulation specifies that a veterinarian should comply Finalized on Insurance / with the law on abandoned animals if they have not been given 12 / 17 / 18 20 CSR authorization to dispose of an animal by its owner or the 2270-4.011 owner’s agent. Missouri Dept of This new regulation requires an animal’s owner or the owner’s Finalized on Insurance / agent to receive a copy of a patient’s medical records when the 12 / 17 / 18 20 CSR animal needs continuing care after visiting an emergency clinic 2270-4.021 service. Missouri Dept of This new regulation allows an owner or an owner’s agents to Finalized on Insurance / receive confidential information on: 12 / 17 / 18 20 CSR 1. Radiological Services; 2270-4.031 2. Laboratory data; 3. Medications prescribed and dispensed for any animal or group of animals; and 4. Sanitary methods for the disposal of deceased animals. Missouri Dept of This new regulation requires a veterinarian to provide copies of Finalized on Insurance / medical records to another treating veterinarian within a 12 / 17 / 18 20 CSR reasonable period if that other veterinarian has the 2270-4.041 authorization of the animal’s owner or the owner’s agent. New HB 1309 This new law exempts animal shelter facilities from certain Signed into Hampshire animal transfer requirements except that: law on 1. All animal shelter facilities have a microchip scanner on the 6 / 11 / 18 premises and maintain a file of recognized pet retrieval agencies; and 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
2. All animal shelter facilities shall inspect any tattoos, ear tags, or other permanent forms of positive identification when an owner is not known. New Jersey A 1454 / Would: Introduced S 2658 1. Establish new requirements for pet dealers and pet shops; 6 / 4 / 18 and 2. Require pet dealers to comply with the same sourcing and (Still in reporting requirements for cats and dogs that are required session) for pet shops. New Jersey A 2317 Would require kennels and veterinary facilities to: Introduced 1. Provide direct supervision of any indoor or outdoor 2 / 1 / 18 common play area whenever two or more dogs are present in that area at the same time; (Still in 2. Keep a record of each time a dog is released from or session) returned to its cage or enclosure, which must be maintained for at least one year, and made available upon request to the dog’s owner and relevant governmental authorities; 3. Develop and implement a training program for all employees of the kennel or veterinary facility who handle or provide care for dogs or who supervise staff handling or providing such care; and 4. Post a sign in a conspicuous location near the entrance to the kennel or veterinary facility indicating that the facility is required to comply with the supervision, record keeping, and employee training requirements of this bill. New Jersey A 4385 / Would: Introduced S 2558 1. Prohibit a person from leasing a companion animal; and 9 / 13 / 18 2. Define “lease a domestic companion animal” as the transfer of ownership of a domestic companion animal contingent (Still in on the making of payments over a period of time session) subsequent to the transfer of possession of the domestic companion animal, unless those payments are on an unsecured loan for the purchase of the animal. New Jersey A 4451 / Would require: Introduced S 2940 1. An impounded animal be made available for adoption if not 9 / 17 / 18 claimed by its owners within 7 days of being told that the animal has been seized; (Still in 2. A shelter, pound, or kennel to offer an impounded animal session) for adoption for a least 30 days; and 3. These entities to offer the animal to an animal rescue organization for adoption after 30 days unless euthanasia is required for health or safety reasons. New Jersey A 4534 Would: Introduced 1. Allow any person to deliver, voluntarily and anonymously, 10 / 15 / 18 a companion animal to a shelter, pound, veterinary hospital, or police station, and leave the animal with an (Still in employee, veterinarian, or police officer at the facility; session) 2. Specify that this person is not liable for the care or disposition of the animal; and 3. Prohibit an employee, veterinarian, or police officer at the shelter, pound, veterinary hospital, or police station to refuse to accept an animal. New Jersey S 1982 Would expand the reduced-cost spaying and neutering Introduced program to any disabled State resident. 2 / 26 / 18
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(Still in session) New York A 8526 / Would have: Sine Die- S 8105 1. Defined a “pet dealer” as a retail pet shop location primarily Failed engaged in retailing pets, pet foods, and pet supplies; 2. Prohibited a pet dealer from selling an animal, including rabbits, unless such animal was obtained from a humane society, an animal control agency or shelter, society for the prevention of cruelty to animals’ shelter, or animal rescue organization. New York A 8951 / This new law: Signed into S 7317 1. Allows the Commissioner to adopt rules providing for the law on standardization of microchip technology so that microchip 4 / 18 / 18 readers are capable of reading animal microchips when used by veterinarians, animal shelters, dog control officers, and animal control officers; and 2. Specifies that adopted rules should address the need for such entities to possess or have access to a microchip reader capable of reading any commercially available microchip implanted in a cat or dog. New York A 9970 Would have required a: Sine Die- 1. Cat, whose owner cannot be identified by a microchip or Failed other identifying mark, to be made available for adoption 3 days following an examination by a licensed veterinarian. 2. Veterinarian to determine that there is no apparent medical condition that may adversely affect the animal’s health. New York S 7711 Would have prohibited a pet dealer from selling or transferring Sine Die- any animal unless the animal was obtained from a duly Failed incorporated humane society, a public animal control agency, a society for the prevention of cruelty to animals’ shelter, or animal rescue organization. New York S 8006 Would have created the Pet Passenger Bill of Rights and Sine Die- require an airline carrier to ensure: Failed 1. No animal is ever placed in the overhead compartment of an aircraft; 2. Any passenger traveling with a pet is afforded the same rights and protections as all other passengers; 3. Pets are allowed reasonable access to food, water, and necessary medications during any long flight or extended flight delay; and 4. All companion animals and their approved pet carriers are labelled with the owner’s contact information and destination at all times. Ohio HB 560 Would have classified pet food as adulterated if: Sine Die- 1. It contains any animal remains from an animal that has Failed been euthanized by the use of any drug injected intravenously or through another nonvascular route; or 2. It contains any dog or cat remains, regardless of how the dog or cat died or was killed. Ohio Dept of Ag This new regulation: Finalized on / 901:1-5- 1. Establish the procedures for a licensed kennel to receive a 12 / 9 / 18 13 Brucella canis free kennel certification; and 2. Stipulate that a kennel may receive this designation if it has had: a. Two successive whole kennel negative tests; b. Continues required testing; and
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c. Ensures that all additions to the kennel comply with the rules. Ohio Dept. of Ag This new regulation prohibits a pet store from selling any dog Finalized on / 901:1-8- that has not been microchipped with a microchip using either 5 / 4 / 18 03 125 kHz, 128 kHz, or 134.2 kHz frequencies. Ohio Dept. of Ag This new regulation requires pet stores to document the Finalized on / 901:1-8- following information within 24 hours of obtaining a dog: 5 / 4 / 18 04 1. Name and address of the animal rescue, animal shelter, humane society, dog retailer, or qualified breeder which supplied the dog; 2. Date that the pet store took possession of the dog; 3. Breed, gender, color, and any identifying marks of the dog; 4. Dog's birth date, if known; 5. Permanent implanted identification microchip number; and 6. Certificate of veterinary inspection that accompanied the dog. Ohio Dept. of Ag This new regulation requires dog retailers document the Finalized on / 901:1-8- following information within 24 hours of obtaining a dog: 5 / 4 / 18 05 1. Name and address of the animal rescue, animal shelter, humane society, dog retailer, or qualified breeder which supplied the dog; 2. Date that the pet store took possession of the dog; 3. Breed, gender, color, and any identifying marks of the dog; 4. Dog's birth date, if known; 5. Permanent implanted identification microchip number; and 6. Certificate of veterinary inspection that accompanied the dog. Oregon HB 4045 Would have: Sine Die- 1. Prohibited a retail pet store from selling a dog acquired Failed from a source other than an animal shelter, a dog control district, a humane society, or a rescue organization; and 2. Required a retail pet store to: a. Maintain records that document the source from which the retail pet store acquired each dog sold or offered for sale for a period of no less than one year; and b. Post a sign in a conspicuous location on the enclosure of each dog offered for sale, naming the entity from which the retail pet store acquired the dog. Pennsylvania HB 2164 Would have: Sine Die- 1. Created the Research Animal Adoption Act; Failed 2. Required a research facility that uses dogs and cats for research to offer the animal, rather than euthanizing the retired animal: a. To an animal rescue organization or animal shelter for adoption; or b. For adoption through private placement. 3. Provided a research facility with immunity from civil liability if it provides a retired animal to a rescue organization in good faith. Pennsylvania HB 2601 / Would have: Sine Die- SB 1154 1. Prohibited a pet shop-kennel from selling a dog, cat, or Failed rabbit unless the animal was obtained from: a. An animal care facility; or b. An animal rescue organization. 2. Required a pet shop-kennel to conspicuously post where an animal came from on the animal’s cage or enclosure; and 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
3. Required a pet shop-kennel to maintain records of where each animal originated for at least 2 years following the date of acquisition. Rhode Island HB 5161 / This new law: Signed into SB 2980 1. Establishes the Research Animal Retirement Act; and law on 2. Requires educational institutions using dogs or cats for 7 / 2 / 18 medical research to make animals, no longer useful for research, available for adoption. Rhode Island HB 7477 / Would have prohibited: Sine Die- SB 2780 1. Pet shops from selling cats or dogs not obtained from an Failed animal shelter, dog pound, or animal rescue; and 2. Any person from selling, exchanging, trading, bartering, or displaying any dog or cat on any roadside, public right-of- way, parkway, median, park, or other outdoor market. Rhode Island HB 7641 / This new law: Signed into SB 2777 1. Prohibits a pet shop from selling a cat or dog, unless the law on animal was obtained from an animal shelter, pound, or 7 / 2 / 18 animal rescue; 2. Prohibits any person from selling an animal on any roadside, public right-of-way, parkway, median, park, other recreation area, flea market, or commercial or retail parking lot; and 3. Exempts the following from this prohibition: a. The display or adoption of dogs or cats by an animal shelter, pound, or rescue; or b. The display of dogs or cats as part of a fair exhibition, 4-H program, or similar exhibitions or educational programs. Tennessee Dept. of Would: Proposed Ag. / 0080- 1. Require that imported dog or cats comply with the 9 / 7 / 18 02-12 following: a. If a dog is older than 3 months of age, its import must be accompanied by proof of current rabies vaccination for the animal; b. If a cat is older than 6 months of age, its import must be accompanied by proof of current rabies vaccination for the animal; c. A person shall not import any dog or cat infected with disease unless accompanied by written authorization from the state veterinarian; and d. A person shall not import any dog or cat that originated from, or is shipped through, a quarantine area unless accompanied by written authorization from the state veterinarian. 2. Give the Department of Agriculture the authority to subject dogs and cats to state control programs in the case of: a. Rabies; and b. Any disease for which the federal government has established a control program in dogs or cats. 3. Specify the requirements for cat or dog dealer licensure.
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Prescription Drug Monitoring Programs / Controlled Substances
State Citation / Summary of Proposed Bill or Regulation Status Link Alabama HB 270 / This new law removes veterinary medical practitioners from the Signed into SB 200 definition of a practitioner or authorized practitioner listed in the law on Controlled Substances Prescription Database statute. 2 / 27 / 18 Arizona HB 2001 / This new law requires a veterinarian: Signed into SB 1001 1. Who reasonably suspects that a client is trying to obtain law on controlled substances with an intent other than to treat the 1 / 26 / 18 animal patient to report such suspicion to local law enforcement within 48 hours of an examination. Any veterinarian who files a report in good faith would be immune from civil liability. 2. Dispensing a Schedule II controlled substance or benzodiazepine to: a. Limit the initial amount of a Schedule II controlled substance to a 5-day supply at a dosage clinically appropriate for the animal being treated. b. Limit the initial amount of a benzodiazepine to a 14-day supply at a dosage clinically appropriate for the animal being treated. c. Dispense no more than a 30-day supply for the treatment of an animal with a chronic condition that requires long-term use of such substances after the initial 5 or 14-day period. Arkansas State V This new regulation: Finalized on Med 1. Requires a licensed veterinarian to prescribe a controlled 12 / 21 / 18 Examining substance in the lowest effective dose appropriate to the Board / size and species of the animal for the least amount of time 092.00.18- if a controlled substance is necessary for treatment; 002 2. Specifies that an initial dose for an opioid shall not exceed a 10-day supply; 3. Allows a licensed veterinarian to prescribe a controlled substance for the management of behavioral disorders, neurological disorders, acute pain, chronic pain, terminal illnesses, or other chronic conditions if the prescribing is within the accepted standard of care; 4. Requires a veterinarian to document a discussion with the owner about the known risks and benefits of treatment with a controlled substance, the responsibility for the security of the drug, and proper disposal of any unused drug prior to prescribing or dispensing a controlled substance; and 5. Requires a veterinarian to assess the appropriateness of continued use of the current treatment plan and consider the use of other therapeutic modalities if the patient’s progress is unsatisfactory. California AB 1752 Would have: Sine Die- 1. Added Schedule V controlled substances to the California Failed State Prescription Monitoring Database (CURES); 2. Authorized the California State Board of Pharmacy, through regulation, to add additional medications to be tracked in the CURES database; and 3. Required a dispensing pharmacy, clinic, or other dispenser, including veterinarians, to report the information required by the CURES database no more than 1 working day after a controlled substance is dispensed. 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
California AB 2215 This new law: Signed into 1. Prohibits the Board of Veterinary Medicine (“Board”) from law on disciplining or revoking a veterinarian's license solely for 9 / 27 / 18 discussing the use of cannabis on an animal for medicinal purposes; 2. Prohibits a licensed veterinarian from dispensing or administering cannabis or cannabis products to an animal patient; and 3. Requires the Board to adopt guidelines for these discussions on or before January 1, 2020, and for the Board to post these guidelines on its Internet Web site. California AB 2589 This new law exempts human chorionic gonadotropin from Signed into current controlled substance laws if this substance is law on possessed by, sold to, purchased by, transferred to, or 7 / 9 / 18 administered by a licensed veterinarian or a veterinarian’s agent. California SB 1240 Would: Sine Die- 1. Require a dangerous drug or a Schedule II-V controlled Failed substance to include a description of the diagnosis, condition, or purpose for which the prescription was issued and the directions for use to be provided to the Department of Justice; and 2. Include prescriptions written by licensed veterinarians. California SB 1480 This new law: Signed into 1. Allows a licensed veterinarian to provide veterinary law on services, in good faith, without establishing a veterinarian- 9 / 19 / 18 client-patient relationship and dispense / prescribe dangerous drugs if he or she works with a 25-mile radius of any declared emergency; 2. Provides a veterinarian with liability immunity when he or she provide emergency services; and 3. Requires a veterinarian to offer to provide certain information each time he or she initially prescribes, dispenses, or furnishes a dangerous drug to an animal patient: a. The name and description of the dangerous drug; b. Route of administration, dosage form, dosage, duration of line drug therapy, the duration of the effect of the drug, and the common severe adverse effects associated with the use of a short-acting or long-acting drug; c. Any special directions for proper use and storage; and d. Actions to be taken in the event of a missed dose. Colorado SB 18-022 This new law: Signed into 1. Restricts the number of opioid pills that a veterinarian may law on prescribe for an initial prescription to a 7-day supply and 5 / 21 / 18 one refill for a 7-day supply, with certain exceptions; and 2. Clarifies that a health care practitioner may electronically prescribe opioids. Connecticut SB 431 Would have: Sine Die- 1. Prohibited a licensed practitioner from: Failed a. Except in an emergency, prescribing or dispensing controlled substances schedules II to IV, inclusive, to a member of their immediate family; and b. Except in an emergency, from prescribing or dispensing controlled substances schedules II-IV for their own use 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
2. Specified that, in emergency settings where there is no other qualified physician available, a licensed practitioner shall limit prescriptions to only the amount necessary for a family member and until another licensed practitioner becomes available; and 3. Specified that, in emergency settings or isolated settings where there is no other qualified practitioner available, the practitioner should limit prescriptions to only the amount necessary until another licensed practitioner becomes available. District of B 22-0459 Would require any prescriber or dispenser, including Transmitted to Columbia veterinarians, to register with the prescription drug monitoring Mayor and program by March 31, 2019, if they are licensed to prescribe or Response dispense a controlled or other covered substance. Due 1 / 30 / 19 District of B 22-0890, Would have required any dispenser, including veterinarians, to Sine Die- Columbia 0891, & register with the Prescription Drug Monitoring Program by Failed (D.C.) 0892 December 31, 2018 if they are licensed to dispense controlled substances to an ultimate user or an animal’s owner. Florida SB 8 Would have: Sine Die- 1. Required, if not already required by a licensee’s practice Failed act, each person authorized to prescribe controlled substances to complete a board-approved 20 hour continuing education course on prescribing controlled substances as part of the two-year license renewal requirements; and 2. Required each course to include information on the current standards for prescribing controlled substances, particularly opiates, alternatives to these standards, and information on the risks of opioid addiction following all stages of treatment in the management of acute pain. Illinois HB 5944 Would have required information reported to the state’s Sine Die- prescription monitoring program to be transmitted: Failed 1. No later than the end of the business day on which a controlled substance is dispensed; or 2. At such other time as may be required by the Department of Human Services by administrative rule. Illinois SB 2341 This new law defines synthetic drug to include any synthetic Signed into cannabinoids or piperazines or any synthetic cathinones as law on provided for in Schedule I. 8 / 10 / 18 Illinois SB 2777 This new law requires a registered prescriber of controlled Signed into substances, including veterinarians, to complete 3 hours of law on continuing education in safe opioid prescribing practices. 8 / 27 / 18 Illinois SB 2952 This new law: Signed into 1. Requires the State’s Prescription Monitoring Program law on (PMP) to let registered users authorize other licensed or 8 / 26 / 18 non-licensed employees to consult the PMP if he or she has received HIPAA training; 2. Requires the Clinical Director of the PMP to maintain direct access to all data in order to ensure HIPAA privacy of an individual’s prescription data; 3. Requires the Department of Public Health to coordinate a continuous review of the PMP to determine if a patient may be at risk of opioid addiction; 4. States that the PMP Advisory Committee shall consist of 12 appointed members composed of prescribers and dispensers licensed to practice medicine in his or her respective profession; and 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
5. States that the PMP Advisory Committee shall appoint an 11- member Peer Review Committee that would include one veterinarian in its membership. Illinois SB 3170 This new law: Signed into 1. States that a prescription for medication other than a law on controlled substance is valid for 15 months from the issue 8 / 13 / 18 date for refill purposes, unless the prescription states otherwise. 2. Applies to prescriptions written by licensed veterinarians. Indiana SB 221 This new law requires practitioners, including veterinarians, to Signed into obtain patient information from the database before prescribing law on an opioid or benzodiazepine: 3 / 22 / 18 1. A practitioner who has had the information from the database integrated into the patient's electronic health records; 2. Beginning January 1, 2019, a practitioner who provides services to the patient in the emergency department of a hospital licensed or a pain management clinic; 3. Beginning January 1, 2020, a practitioner who provides 3 services to the patient in a hospital licensed; and 4. Beginning January 1, 2021, all practitioners. Beginning January 1, 2019, a practitioner who is permitted to distribute, dispense, prescribe, conduct research with respect to, or administer ephedrine, pseudoephedrine, or a controlled substance in the course of the practitioner's professional practice or research in the United States must be certified to receive information from the INSPECT program. Indiana SB 225 This new law requires licensed practitioners to complete 2 Signed into hours of continuing education, during the previous 2 years, on law on opioid prescribing and abuse. This requirement applies to 3 / 13 / 18 licensed veterinarians. Iowa HF 2299 Would have required: Sine-Die 1. Prescribing practitioners, including veterinarians, to register Failed for the prescription monitoring program (PMP) at the same time the practitioner applies to the Board of Pharmacy for a controlled substance registration; and 2. Practitioners to use the PMP database to determine treatment options and improve the quality of patient care. Iowa HF 2377 This new law: Signed into 1. Requires a prescribing practitioner to register for the law on prescription monitoring program at the same time he or she 5 / 14 / 18 registers with the Board of Pharmacy to prescribe controlled substances; and 2. Excludes veterinarians from the definition of a prescribing practitioner. Iowa SSB 3071 / Would have added dispensing prescribers, including Sine-Die SF 2198 veterinarians, to the list of persons required to report the Failed number of controlled substances dispensed to Iowa patients into the Prescription Monitoring Program. Iowa SSB 3073 / Would have: Sine-Die SF 2308 1. Required a person who manufactures, distributes, or Failed dispenses any controlled substance, including veterinarians, to obtain and maintain a Board of Pharmacy registration; and 2. Allowed the Board of Pharmacy to take disciplinary action against a registrant who manufactures, distributes, or dispenses any controlled substance. 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
Kansas HB 2759 Would have: Sine-Die 1. No longer exempted licensed veterinarians under the Failed definition of a “dispenser”; 2. Included veterinarians within the definition of a practitioner. Louisiana SB 28 This new law exempts veterinarians: Signed into 1. And certain pharmaceutical marketers of nonhuman law on prescription drugs from current provisions regarding 5 / 15 / 18 disclosure of prescription drug price information; 2. From accessing the prescription monitoring program prior to prescribing an opioid and every 90 days if the course of treatment continues; and 3. From continuing education requirements for prescribers of controlled dangerous substances. Maine LD 1730 This new law: Signed into (SP 629) 1. Defines a veterinarian as a dispenser and no longer as a law on prescriber; 4 / 4 / 18 2. Exempts a veterinarian from reporting information to the Prescription Monitoring Program if he or she dispenses an opioid medication or a benzodiazepine: a. For an animal in a mobile or emergency setting; or b. In an amount to be used over a period of 48 hours or less. 3. Requires a veterinarian to electronically prescribe all opioid medication or benzodiazepine by July 1, 2022 or when an electronic platform for prescribing is widely available for veterinarians if that occurs before July 1, 2022; and 4. Requires a veterinarian to complete 1 hour of CE, every 2 years, on the administration, prescription, and management of controlled substances as a condition of prescribing a benzodiazepine or an opioid medication. Maryland Dept. of Ag Would require a veterinarian to examine a patient at least once Proposed / 18-114-P during the preceding 12-month period before renewing any 4 / 27 / 18 prescription medication for a chronic condition. Minnesota HF 3596 / Would have: Sine Die- SF 3231 1. Prohibited veterinarians from dispensing Schedule II-IV Failed controlled substances without first requiring the person buying the substances to present valid photographic identification; 2. Specified the person buying the substances does not need to be the patient for whom the prescription is written; and 3. Allowed a veterinarian to forego this identification requirement if he or she knows the person buying the controlled substance. Minnesota HF 3738 / Would have allowed a prescribing veterinarian to access the Sine Die- SF 3220 prescription monitoring program for a current client if the Failed veterinarian has a reasonable basis to suspect the client is potentially abusing prescribed controlled substances. Minnesota SF 2505 Would have required a prescriber, including veterinarians, to Sine Die- access prescription monitoring data before he or she issues a Failed Schedule II or III controlled substance to a patient beginning January 1, 2020. Minnesota SF 3656 Would have: Vetoed by the 1. Required a prescriber, including veterinarians, to access Governor on prescription monitoring data before issuing a patient a 5 / 23 / 18 prescription for a Schedule II or III controlled substance; and 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
2. Exempted a prescriber from this requirement if he or she meets certain conditions such as issuing a prescription that is only intended to last the patient 5 days or less and is not subject to a refill. Mississippi HB 131 Would have: Failed on 1. Required a dispenser pharmacist or practitioner, including 1 / 30 / 18 veterinarians, licensed to dispense or prescribe controlled substances, to obtain drug-monitoring information from the PMP before dispensing or prescribing controlled substances or the specified non-controlled substance drugs; and 2. Stipulated that such dispenser pharmacist or licensed practitioner who knowingly fails to obtain drug-monitoring information from the PMP before dispensing or prescribing controlled substances or the specified non- controlled substance drugs shall be subject to actions against the practitioner's license, an administrative penalty, or both. Mississippi HB 623 Would have prohibited a prescribing veterinarian from Failed on prescribing patient more than 75 units of narcotics if the 1 / 30 / 18 prescription is OxyContin (oxycodone), or a generic form thereof. Missouri HB 2568 Would have required: Sine Die- 1. Certain licensed professionals, including veterinarians, to Failed make monthly reports of every sale, delivery, or other dispositions of controlled substances to the Missouri Attorney General; and 2. Licensees to design and operate a system to disclose to suspicious orders of controlled substances. Nebraska LB 788 Would have: Failed on 1. Required a veterinarian to complete at least 5 hours of 4 / 18 / 18 continuing education on prescribing opiates every 2 years starting October 1, 2018; 2. Specified that the CE would include education regarding prescribing and administering opiates, the risks and indicators regarding development of addiction to opiates, and emergency opiate situations; and 3. Required that 2 of the 5 hours of the CE cover the state’s prescription drug monitoring program. Nevada State Bd. This new regulation requires a veterinarian who wishes to Finalized on of Pharm / dispense controlled substances or dangerous drugs to apply to 4 / 30 / 18 NAC the Board of Pharmacy for a certificate of registration to 639.742 dispense controlled substances or dangerous drugs and pay a fee established by the Board.
A certificate of registration entitles the veterinarian to dispense controlled substances or dangerous drugs from any veterinary facility at which he / she practices veterinary medicine. New Jersey A 996 / S Would: Introduced 2639 1. Specify that when a veterinarian prescribes an animal 6 / 4 / 18 medication: a. A prescription is to be issued in the name of the animal (Still in owner; session) b. A prescription blank must identify both the name of the animal owner and the name of the animal that is to be administered the prescribed medication; and
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c. Only the person who is named on the prescription blank will be authorized to possess the drug for the purposes of administering it to the identified animal. 2. Requires a veterinarian to review relevant prescription monitoring information under the State’s Prescription Monitoring Program (PMP) before prescribing any controlled dangerous substance for use in the treatment of an animal; 3. Amend the State’s PMP to clarify that veterinarians are authorized to access PMP information for the purposes of providing care or treatment to an animal, and for the purposes of verifying information related to a veterinary client; and 4. Authorize a veterinarian to provide any employed, certified veterinary aides with delegated authority to access PMP information. New York A 10104 / Would have: Sine Die- S 8722 1. Expanded the definition of a practitioner to include Failed licensed veterinarians; and 2. Expanded the use of medical marijuana to include any medical condition that may benefit from treatment as determined by a licensed veterinarian. New York A 10321 / Would have: Sine Die- S 8145 1. Established a Schedule VI of drugs and other substances Failed that includes gabapentin and its chemical equivalents; 2. Added these substances to the list of drugs that are to be monitored through the state’s prescription drug monitoring program. North Carolina SB 750 This new law: Signed into 1. Allows a licensed veterinarian to continue to prescribe law on targeted controlled substances from valid written, oral, or 6 / 25 / 18 facsimile prescriptions; 2. Includes licensed veterinarians in the definition of a “dispenser” when that person dispenses any Schedule II-V controlled substances; 3. Includes the North Carolina Veterinary Medical Board (NCVMB) in the list of licensing boards that must require continuing education on controlled substance abuse; and 4. Includes NCVMB in the membership composition of the Prescription Drug Abuse Advisory Committee. Ohio State Would allow licensed veterinarians to sell or offer to sell Proposed Board of dangerous drugs via the internet only when the internet 10 / 10 / 18 Pharmacy / pharmacy maintains accreditation as a verified internet 4729:5-3- pharmacy practice site from the National Association of Boards 08 of Pharmacy. Oklahoma SB 956 This new law requires filled prescriptions issued for veterinarian Signed into drugs be labeled according to rules promulgated by the law on Oklahoma State Board of Veterinary Medical Examiners. 4 / 25 / 18 However, this requirement does not apply to dialysate sold, dispensed or delivered in their original, sealed packaging upon receipt of a prescriber's order. Oklahoma SB 1446 This new law holds that a registrant’s failure, including Signed into veterinarians, to access and check the central repository is law on grounds for the registrant’s licensing board to take disciplinary 5 / 2 / 18 action against the registrant. Oklahoma SB 1483 Would have allowed a licensed practitioner, including Sine Die- veterinarians: Failed 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
1. To dispense dangerous drugs to a patient and only for the expressed purposes of treating post-operative pain, providing palliative care, and dispensing professional samples; and 2. To maintain a one-day supply of dangerous drugs. Texas Board of V This new regulation: Finalized on Med 1. Removes references to Department of Public Safety 9 / 21 / 18 Examiners controlled substance registration, which was statutorily / 22 TAC eliminated by Senate Bill 195 on September 1, 2016; and 573.43 2. Requires that a licensed veterinarian comply with all requirements of the federal Drug Enforcement Administration regarding controlled substance registration. Virginia HB 1303 This new law: Signed into 1. Requires a controlled substance to be issued only to law on persons or animals with whom the practitioner has a bona 3 / 19 / 18 fide practitioner-patient relationship or veterinarian-client- patient relationship (VCPR); 2. Defines a VCPR as one in which a veterinarian has assumed the responsibility for making medical judgments regarding the health of and providing medical treatment to an animal and the animal’s owner has consented to such treatment and agreed to follow the instructions of the veterinarian; and 3. Specifies that evidence that a veterinarian has assumed responsibility for making medical judgments includes evidence that the veterinarian: a. Has sufficient knowledge of the animal to provide a general or preliminary diagnosis of the medical condition of the animal; b. Has made an examination of the animal, either physically or by the use of instrumentation and diagnostic equipment through which images and medical records may be transmitted; and c. Is available to provide follow-up care. Virginia SB 226 This new law: Signed into 1. Requires a dispenser to report relevant information for law on both the animal and its owner when the ultimate user of a 4 / 4 / 18 controlled substance is an animal; 2. Exempts veterinarians from reporting information to the Prescription Monitoring Program if he or she dispenses a controlled substance to an animal for 7 days or less; and 3. Defines a recipient to include a person who receives a covered substance from a dispenser and includes the owner of an animal patient. West Virginia HB 4293 Would have: Sine Die- 1. Prohibited the use of anabolic steroids and certain Class I Failed drugs on racing dogs; and 2. Specified that any dog which tests positive for a Class 1 drug is ineligible to race for a period of 90 days from the date of confirmation of a positive test. Wyoming SF 83 This new law: Signed into 1. Requires the Board of Pharmacy to enroll any registered law on practitioner, including veterinarians, in the controlled 3 / 16 / 18 substance prescription tracking program if that practitioner is authorized to dispense any Schedule II-V controlled substance; and
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2. Requires a dispenser to electronically file information on a dispensed controlled substance to the Board no later than the close of business on the business day immediately following the day the controlled substance was dispensed. Wyoming State Would: Proposed Board of 1. Define a “practitioner” to mean a veterinarian, physician, 9 / 21 / 18 Pharmacy / dentist, podiatrist, scientific investigator, or other person Chapter 8 licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research; 2. Require a practitioner to register in the controlled substance prescription tracking program if they are authorized to dispense any controlled substances in Schedules II through V; and 3. Require a resident / nonresident retail pharmacy to submit the name and species of an animal patient to the tracking program.
Prescriptions-General
State Citation / Summary of Proposed Bill or Regulation Status Link Connecticut Dept of Would establish guidelines for the safe collection and handling Proposed Consumer of unused prescription drugs, including ones issued by 12 / 6 / 18 Protection veterinarians, that are returned to licensed Connecticut / PR2017- pharmacies by the public. 055 Hawaii SB 2260 Would have required a veterinarian to provide an owner, upon Sine Die- request and free of charge, a copy of any prescription that he Failed or she has previously prescribed to an animal. Idaho H 351 This new law: Signed into 1. Defines a “veterinary drug outlet” to mean a prescriber law on drug outlet that dispenses drugs or devices intended for 3 / 7 / 18 animal patients; and 2. States that a veterinary drug outlet does not need to register with the Board of Pharmacy if the outlet does not dispense any controlled substances, euthanasia drugs, tranquilizer drugs, neuro-muscular paralyzing drugs, or general anesthesia drugs.
Scope of Practice
State Citation / Summary of Proposed Bill or Regulation Status Link Arkansas State V This new regulation requires: Finalized on Board / 1. An application for certification as a non-veterinarian 8 / 21 / 18 092.00.18- embryo transfer technician to include the following 001 information: a. One letter from a licensed veterinarian who has witnessed the applicant's ability to perform livestock embryo transfer or transplant, and livestock pregnancy determination on at least 3 occasions within 6 consecutive months; 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
b. A record of successfully completing a qualified course taught by a livestock reproduction specialist on both livestock embryo transfer and livestock pregnancy determination; c. Proof that the applicant has at least 50% financial interest in livestock management equipment; and d. Proof of membership in either the International Embryo Technology Society, or the American Embryo Transfer Association. 2. These technicians to complete 8 credit hours of continuing education before he / she is eligible for renewal; and 3. A technician to maintain records containing the contact information of the licensed veterinarian prescribing or dispensing prescription drugs who has a valid veterinarian- client-patient-relationship with the livestock owner when the prescription drugs are administered by the technician. California AB 2300 This new law allows a veterinarian to earn a total of six hours or Signed into less of continuing education credits by doing either self-study law on courses or providing pro bono spaying or neutering services to 8 / 28 / 18 benefit residents of low-income communities. California AB 3013 Would have allowed a supervised physical therapist to provide Failed on animal physical rehabilitation to an animal if certain conditions 5 / 25 / 18 are met including: 1. The supervised physical therapist is working under the supervision of a veterinarian that has established a veterinarian-client-patient relationship with the animal; 2. The degree of supervision is consistent with standards of good veterinary medical practice and the particular delegated animal physical rehabilitation task; 3. The delegated animal physical rehabilitation task is performed on a veterinary premise registered with the Veterinary Medical Board; and 4. The supervised physical therapist applied to the Board for a certificate in animal physical rehabilitation and pay specified registration fees. California AB 3252 This new law: Signed into 1. Eliminates the current exemption for private veterinarians law on who maintain their own, in-office blood donor animals for 9 / 6 / 18 use in their own practice; and 2. Exempts licensed private veterinarians who collect blood or blood products solely for use in their own practice from the law regulating and licensing commercial blood banks for animals and biologics.
Existing law requires the Secretary of Food and Agriculture to license biologic establishments; however, private veterinarians are exempt from this licensing requirement if he or she maintains their own, in-office blood donor animals for use in their own practice. California SB 1441 Would have: Failed on 1. Prohibited a person from performing surgical claw removal 4 / 25 / 18 or declawing on any cat; 2. Prohibited a person from altering the cat’s claws to prevent a cat's normal function; and 3. Punished any violations with a fine of no less than $250 for the first offense and a misdemeanor for a second or subsequent offense. 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
Colorado SB 18-239 This new law: Signed into 1. Removes the veterinary medical clearance requirement for law on licensed chiropractors if animal chiropractic is performed 5 / 26 / 18 under the direct, on-premises supervision of a licensed veterinarian; 2. Requires chiropractors to complete an 8-hour course on contagious, infectious, and zoonotic diseases; 3. Require chiropractors to notify an animal patient’s veterinarian of the initiation of treatment within 7 business days; and 4. Require an animal chiropractor to notify the State Veterinarian and the patient’s veterinarian if the chiropractor suspects that the animal has a disease. Florida HB 1221 / Would have: Failed on SB 1728 1. Added the definition of “veterinary dentistry” and 3 / 10 / 18 “veterinary telemedicine”; and 2. Amended the definition of "veterinarian / client / patient relationship" to mean a relationship where the veterinarian has examined the patient or made medically appropriate visits to the premises where the patient is kept and assumed the responsibility for making medical judgments regarding the health of the patient and its need for medical treatment. Georgia HB 956 This new law amends multiple provisions in the Georgia Signed into Veterinary Practice Act. One of these changes includes law on amending the definition of a “veterinarian-client-animal patient 5 / 8 / 18 relationship” to mean: 1. The licensed veterinarian has assumed the responsibility for making medical judgments regarding the health of the animal and the need for medical treatment, and the client has given informed consent for services provided by the licensed veterinarian; 2. There is sufficient knowledge of the animal by the licensed veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal; provided, however, that such relationship cannot be established solely by telephone, computer, or other electronic means. This section is not intended to prevent a licensed veterinarian from using technology to examine an animal patient; 3. A licensed veterinarian is readily available for follow up care or consultation or has arranged for veterinary emergency coverage and continuing care and treatment by another licensed veterinarian, including providing a copy of associated records during normal business hours; and 4. The licensed veterinarian develops and maintains appropriate medical records. Illinois HB 5819 Would have exempted an animal control employee from the Sine Die- Veterinary Practice Act if he or she works under the indirect Failed supervision of a licensed veterinarian. Indiana SB 279 Would have: Sine Die- 1. Exempted the following individual from the Veterinary Failed Practice Act: a. Has submitted to the board 2 signed letters of recommendation, each from a client who has previously employed the individual to perform, and 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
attests to the individual's ability to perform, equine teeth floating; and b. Engages in the practice of veterinary medicine only by performing equine teeth floating services. 2. Specified that the Board can issue a card identifying the individual, who has submitted the letters, as a person who is exempt from licensing but may engage in the practice of veterinary medicine only by performing equine teeth floating services no more than 10 business days after receiving signed letters of recommendation. Louisiana HB 748 This new law: Signed into 1. Require the Governor to annually review approximately law on 20% of the agencies engaged in regulatory and licensing 5 / 30 / 18 activities; 2. Require the Governor to review all such agencies within 5 years; and 3. Require all information obtained from these annual reviews to be available to the public in a timely manner. Maine LD 958 (SP This new law: Vetoed by the 314) 1. Adopts selected provisions of the Uniform Emergency Governor on Volunteer Health Practitioners Act; 4 / 13 / 18 2. Defines a volunteer health practitioner as a person who provides health or veterinary services, whether or not the Veto individual receives compensation, as long as the individual Overridden is not providing services in this State as part of a on preexisting employment relationship; 4 / 18 / 18 3. Allows advanced registration of volunteer health practitioners during a civil or health emergency declared by the Governor or the Department of Health and Human Services; and 4. Subjects a volunteer health practitioner to discipline by the appropriate state licensing board for health services or veterinary services provided during a declared emergency. Maryland Dept. of Ag Would allow a veterinarian to obtain up to 9 hours of on-line Proposed / 18-115-P continuing education in a given licensing year. 4 / 27 / 18 Michigan HB 5955 This new law: Signed into 1. Prohibits a political subdivision from imposing any law on licensing requirements on any individuals who perform a 12 / 28 / 18 specific occupation if the subdivision does not impose licensing requirements on that occupation; and 2. Exempts regulations that were passed on or before this bill’s effective date. Michigan HB 6030 Would have: Sine Die- 1. Prohibited a veterinarian from performing an onychectomy Failed or flexor tendonectomy (declaw) procedure starting 1 / 1 / 2020, unless they provide an animal’s owner with informational materials; 2. Required the Department to develop such informational materials by 6 / 1 / 2019 in consultation with the Board of Veterinary Medicine; and 3. Specified that these materials shall describe the onychectomy or flexor tendonectomy procedures and the possible side effects of each procedure. Michigan HB 6031 Would have: Sine Die- 1. Prohibited a veterinarian from performing devocalization Failed procedures unless they determine that the procedure is for a therapeutic purpose; 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
2. Required a veterinarian to prepare and file a written statement with the Board of Veterinary Medicine that states that the procedure is for a therapeutic purpose; and 3. Specified that a copy of this written statement shall be provided to the animal’s owner. Michigan HB 6034 Would have: Sine Die- 1. Added the definition of devocalization and therapeutic Failed purpose; and 2. Prohibited a person from performing a devocalization procedure on an animal unless a licensed veterinarian has determined that the procedure is for a therapeutic purpose. Missouri HB 1911 / Would have: Sine Die- SB 746 1. Defined animal chiropractic and animal chiropractic Failed practitioner; 2. Included a licensed veterinarian certified by the AVCA or IVCA or an individual who is licensed by the state board of chiropractic examiners to engage in the practice of chiropractic, as defined in section 331.010, who is certified by the AVCA 17 or IVCA; and 3. Specified that any animal chiropractic practitioner engaging in the practice of animal chiropractic is not under the purview of the Missouri Veterinary Practice Act. Montana Labor and This new regulation: Finalized on Industry / 1. Defines occasional care to mean a veterinarian actively 7 / 6 / 18 24.225.301 licensed and in good standing in another state or et seq. jurisdiction who practices veterinary medicine in this state no more than three days in any calendar year and who is supervised by a veterinarian licensed in this state; 2. Allows a veterinary licensure applicant to apply for a temporary permit if he or she meets certain requirements such as being supervised by a licensed veterinarian; 3. Allows the Board of Veterinary Medicine to accept official examination results and transcripts provided by the American Association of Veterinary State Boards; and 4. Requires veterinarians to obtain a total of 20 continuing education (CE) hours prior to renewal on November 1 of even-numbered years: a. No more than ten of the 20 hours may be obtained through online courses; and b. Practice management CE hours may not exceed 25% of the total hours required. New Jersey A 347 / Would prohibit a person from performing, or causing to be Introduced S 1209 performed, an onychectomy (declawing) or flexor 1 / 9 / 18 tendonectomy procedure by any means on a cat or other animal, unless the procedure is deemed necessary for a (Still in therapeutic purpose by a licensed veterinarian. session)
Any person who violates this provision would be guilty of a disorderly person’s offense, which is punishable by a fine of up to $1,000, a term of imprisonment of up to 6 months, or both. A violator would also be subject to a civil penalty of between $500 and $2,000. New Jersey A 1531 / This new law: Signed into S 522 1. Allows for professional license reciprocity for an out-of- law on state resident in the event of a natural disaster or other 8 / 10 / 18 catastrophic event; and 2. Specifies that this reciprocity would apply for 6 months. 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
New Jersey A 4066 / Would: Introduced S 2907 1. Establish the Dog Trainer Board of Examiners consisting 9 / 13 / 18 of: a. Two public members; (Still in b. Three licensed dog trainers; session) c. Two licensed veterinarians; d. One member that is affiliated with an animal protection group; and e. One member that is a State executive department member. 2. Require a person to meet the following to be a licensed dog trainer: a. Be at least 18 years of age; b. Be of good moral character; c. Have successfully completed high school or passed a high school equivalency examination; and d. Have successfully completed a minimum of 300 hours in dog training, under the supervision of and documented by, a licensed dog trainer within the three years immediately preceding the application. New York A 11328 Would have: Sine Die- 1. Prohibited ear clipping unless the operation is performed Failed by a licensed veterinarian who deems that the procedure is medically necessary to protect the life or health of the dog; and 2. Prohibited docking dog tails unless the procedure is deemed necessary to protect the life or health of the dog by a licensed veterinarian. North Carolina HB 974 / Would have included the North Carolina Veterinary Medical Sine Die- SB 735 Board in the definition of an “occupational licensing board”. Failed Ohio HB 501 Would have changed the professional title of registered Sine Die- veterinary technician to registered veterinary nurse. Failed Oregon V Med Would: Proposed Examining 1. Redefine herd or flock animal to mean 4 or more animals of 5 / 2 / 18 Board / the same species managed as a group; 875-005- 2. Specify that a veterinarian has the discretion to determine 0005 herd or flock status for provision of veterinary medical care and patient recordkeeping; and 3. Delete microchip implantation as a defined surgery procedure. Oregon V Med Would add the duty to report the following prohibited or Proposed Examining unprofessional behavior: 1 / 23 / 18 Board / 1. Conduct that constitutes a criminal act against a patient or 875-011- client or that creates a risk of harm to a patient or client. 0010 2. Conduct unbecoming of a licensee or that is detrimental to the best interests of the public, including conduct contrary to recognized standards of ethics of the veterinary profession or conduct that endangers the health, safety or welfare of a patient or client. Oregon V Med Would: Proposed Examining 1. Define “veterinary telemedicine (VTM)” to mean the 1 / 23 / 18 Board / delivery of veterinary medical services using information 875-005- and communication technologies where the veterinarian 0005 and the patient are not in the same physical location; and 2. Require any person practicing VTM in Oregon to have a valid license to practice issued by the Board and have a valid veterinary-client-patient relationship. 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
Oregon V Med Would: Proposed Examining 1. Stipulate that veterinary telemedicine (VTM) may only be 1 / 23 / 18 Board / practiced by a licensed veterinarian under a valid 875-015- veterinary-client-patient-relationship (VCPR); 0035 2. Require VTM only be used to the extent possible to make an appropriate diagnosis and create a treatment plan without a physical exam; and 3. Require VTM only be used to prescribe drugs if the veterinarian has sufficient knowledge of the animal or group of animals by establishment of a VCPR or by medically appropriate and timely visits to where the animal or animals are kept. Oregon V Med Would: Proposed Examining 1. Allow a Certified Veterinary Technician (CVT) to perform 5 / 1 / 18 Board / dental extractions under the immediate supervision of a 875-030- licensed veterinarian as long as the procedure does not 0040 require the use of any instrument or device; 2. Allow a CVT to administer a rabies vaccine under the direct supervision of a licensed veterinarian; and 3. Require a rabies vaccine certificate to be signed only by the supervising veterinarian. Oregon V Med Would: Proposed Examining 1. Prohibit a veterinarian from supervising from a separate 5 / 1 / 18 Board / clinic, unless and until such time as the supervising 875-010- veterinarian reasonably concludes that an intern has 0050 sufficient training to competently conduct a particular procedure or class of procedures; 2. Allow an intern to have more than one supervisor during his or her internship; and 3. Allow Board notifications to be sent via electronic mail. Rhode Island HB 8122 This new law removes the “verified by oath” language in the Signed into veterinary licensing requirements. law on 7 / 2 / 18 Tennessee HB 2080 / This new law allows the Department of Health to issue a Signed into SB 2466 certification for animal massage therapy to an applicant if he or law on she: 4 / 17 / 18 1. Posts a surety bond; 2. Completes at least 50 hours of training in anatomy and physiology, kinesiology, and pathologies; and 3. Passes an examination that tests a person’s aptitude in preventing the delay of care to animals. Tennessee HB 2288 / Would have changed the title of veterinary technician to Sine Die- SB 2154 veterinary nurse. Failed Texas Board of V This new regulation: Finalized on Med 1. Repeals current language regarding temporary veterinary 9 / 21 / 18 Examiners licenses; / 22 TAC 2. Reduces the documentation that must be submitted by 571.15 applicants for a temporary veterinary license; and 3. Requires a licensed Texas veterinarian to agree to supervise the applicant. Texas Board of V This new regulation: Finalized on Med 1. Requires a respondent and complainant to receive 5 / 11 / 18 Examiners reasonable written notice of the time, date, and location of / 22 TAC an informal conference. Such notice would need to include 575.29 a statement of the alleged violation to be considered by the informal conference panel.
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2. Allows both parties to be provided with the opportunity to be heard and be represented by counsel. Texas Board of V This new regulation: Finalized on Med 1. Notifies both parties in an investigation of the complaint’s 5 / 11 / 18 Examiners projected time requirement, unless the notice would / 22 TAC jeopardize the investigation; and 575.28 2. States that after an official investigation starts complaints would be classified into one or more of the following categories, complaints: a. Alleging acts or omissions that may constitute a continuing or imminent threat to the public welfare; b. That require medical expertise to review; c. That do not require medical expertise to review; or d. Alleging the practice of veterinary medicine or equine dentistry without a license. Texas Board of V This new regulation: Finalized on Med 1. Clarifies the types of criminal activity that must be reported 9 / 21 / 18 Examiners to the Board, as well as when it must be reported; and / 22 TAC 2. Requires the final disposition of a matter to be reported to 573.70 the Board. Utah SB 211 Would have: Sine Die- 1. Defined "teeth floating" as the removal by a non-veterinary Failed equine dental care provider of enamel points and the smoothing, contouring, or leveling of dental arcades and incisors of equine or other farm animals, excluding a canine or feline; and 2. Specified that a person who performs teeth floating would be exempted from the Veterinary Practice Act. Utah Occup & This new regulation allows the Division of Occupational and Finalized on Prof. Professional Licensing to grant continuing education credit to a 5 / 1 / 18 Licensing / licensee, including veterinarians, for volunteering as a subject- R156-1 matter expert in the review and development of licensing exams for the licensee's profession.
Volunteer continuing education credit: 1. Applies to the license period or periods during which the volunteer service was provided; 2. Is granted on a 1:1 ratio, meaning that for each hour of attendance, the licensee may receive one hour of credit; 3. Is deemed "core", "classroom", or "live" credit, regardless of whether the licensee attended meetings in person or electronically; and 4. At the licensee's discretion, all or part of the credit hours may be counted towards any law or ethics continuing education requirements. Washington SB 5990 This new law: Signed into 1. Specifies that the Department of Health may regulate law on matters necessary to effectively coordinate health or 3 / 22 / 18 veterinary services while an emergency declaration is in effect; 2. Requires a volunteer health practitioner to adhere to the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts, or other laws of this state; and 3. Specifies that a host entity that uses volunteer health practitioners to provide health or veterinary services in this state shall: 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
a. Consult and coordinate its activities with the department to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and b. Comply with any laws other than this chapter relating to the management of emergency health or veterinary services. Washington Dept. of Would establish what kind of consultation veterinarians should Proposed Health / provide to clients when treating and providing drugs for animal 6 / 5 / 18 WSR 18- patients. 12-090 Washington V Board of Would require an individual seeking a certificate of registration Proposed Govs / as a veterinarian medication clerk to do the following: 7 / 30 / 18 WSR 18- 1. Be a high school graduate or equivalent; 16-087 2. Meet the training requirement by being sponsored by a licensed veterinarian; and 3. Complete either an on-the-job training program or an educational program that meets criteria developed by the Veterinary Board of Governors and the Pharmacy Quality Assurance Commission. West Virginia HB 2418 Would have prohibited the performing of an onychectomy Sine Die- (declawing) or flexor tendonectomy procedure on a cat or other Failed animal. Wyoming SF 42 This new law requires a veterinary license application to show Signed into that the applicant has a background that does not demonstrate law on conduct adverse to the practice of veterinary medicine or to the 3 / 16 / 18 ability to practice veterinary medicine.
The Board of Veterinary Medicine may deny, suspend, or revoke a person’s license if he / she has been convicted of a felony that relates to the practice of veterinary medicine or to the ability to practice veterinary medicine.
Telemedicine
State Citation / Summary of Proposed Bill or Regulation Status Link Colorado State The Board of Veterinary Medicine guidelines: Effective Board of V 1. Require a veterinarian to be licensed in Colorado to 10 / 18 / 18 Med. evaluate or treat patients located within the state utilizing Guideline telehealth technologies; 2. Allow a veterinarian-client-patient relationship to be established using telehealth technologies so long as the relationship is established in conformance with generally accepted standards of practice; 3. Prohibit a veterinarian from issuing a prescription based solely on an online questionnaire because this does not constitute an acceptable standard of care; and 4. Require that veterinarians maintain the highest degree of professionalism whether they treat a patient electronically or through other telehealth related activities.
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Veterinary Taxes
State Citation / Summary of Proposed Bill or Regulation Status Link Kentucky HB 366 This new law imposes a 6% tax on the gross receipts of: Vetoed by the 1. Small animal veterinary services, excluding veterinary Governor on services for equine, cattle, swine, sheep, goats, llamas, 4 / 9 / 18 alpacas, ratite birds, buffalo, and cervids; and 2. Pet care services, including grooming and boarding Veto service. Overridden on 4 / 13 / 18 New Jersey A 4034 Would: Introduced 1. Exempt qualified pet medication from the State’s sales 5 / 24 / 18 and use tax; and 2. Define “qualified pet medication” as: (Still in a. Medicine recognized as a drug in any official session) compendium by the State Board of Pharmacy or the State Board of Veterinary Medical Examiners (SBVME), for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in a qualified pet; b. Medicine intended to affect the structure or function of the body of a qualified pet; and c. Medicine prescribed by a person licensed by the SBVME to practice veterinary medicine, surgery, or dentistry in the State. North Carolina SB 99 This new law does not exempt pet food or animal feed from Vetoed by the the state’s retail sales and use tax. Governor 6 / 6 / 18
Veto Overridden on 6 / 12 / 18
Zoo Animals / Wildlife
State Citation / Summary of Proposed Bill or Regulation Status Link D.C. Energy and Would: Proposed Envt / 1565 1. Allow a licensed veterinarian to provide medical care to 4 / 6 / 18 sick, injured, or debilitated wildlife; and 2. Allow a veterinarian to hold wildlife in his or her care until the animal is medically stable and can be transferred to a licensed wildlife rehabilitator. D.C. Energy and Would: Proposed Envt / 4016 1. Classify the following acts as a Class 1 infraction: 4 / 20 / 18 a. Failing to use the quickest, least stressful, and least painful method of euthanasia on sick, injured, or orphaned wildlife; b. Failing to use a method of euthanasia that conforms to the Report of the American Veterinary Medical Association (AVMA) Panel on Euthanasia: 2013 Edition for Free-Ranging Wildlife and Domestic Animals; and 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
c. Failing to obtain Department approval when using a euthanasia method not published in this AVMA report. 2. Classify the following acts as a Class 3 infraction: a. Failing to report a potential outbreak or widespread occurrence of suspected disease in wildlife to the Department; and b. Wildlife control of a feral cat that is in violation of the District’s policy of trap, spay or neuter, return, or adoption of feral cats. Hawaii HB 2593 / Would have: Sine Die- SB 2435 1. Established a trap-sterilize-return process for feral cats; Failed 2. Required the Department of Health to contract with a non- profit animal rescue group to oversee caretakers of feral cats; and 3. Exempted registered caretakers of feral cats from state laws and county ordinances relating to the feeding and confinement of cats. Michigan HB 6032 Would have prohibited a person from: Sine Die- 1. Owning or possessing a non-human primate; Failed 2. Transferring ownership or breeding a non-human primate except for a person, entity, or organization listed; 3. Importing a non-human primate unless: a. The person obtains prior authorization from the Department of Agriculture and Rural Development; and b. The person administers unique and permanent identification for each non-human primate. Exempts certain entities from this prohibition such as: 1. A zoo accredited by the Association of Zoos and Aquariums; 2. A veterinarian in the course of their occupation as a veterinarian; and 3. Animal control personnel of a local unity of government in the course of their occupation as an animal control officer. New Jersey A 1923 / This new law: Signed into S 1093 1. Establish “Nosey’s Law,” which prohibits the use of law on elephants and other wild or exotic animals in a traveling 12 / 14 / 18 animal act; 2. Define “traveling animal act” to mean any performance which requires an animal to be transported to or from the location of the performance in a mobile or traveling housing facility; and 3. Define the term “mobile or traveling housing facility” to mean a vehicle—including a truck, trailer, or railway car— used to transport or house an animal used for performance. New York Dept of Ag This new regulation: Finalized on and 1. Prohibits all movements of CWD susceptible cervids into 10 / 31 / 18 Markets / New York State until August 1, 2023; and AAM-34- 2. Specifies that no such movements shall be made unless 18-00001- approved by the commissioner prior to the movement. EP Ohio Dept of Ag This new regulation: Finalized on / 901:1-1- 1. Outlines identification requirements for all animals over 12 11 / 9 / 18 04 months of age inside a facility; and 2. Specifies that official identification is limited to: a. An official USDA metal ear-tag bearing an alphanumeric identification number,
1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org
b. Approved visual or electronic radio frequency identification, or c. A microchip using described frequencies. Rhode Island HB 7171 / Would have defined a “humane animal welfare group” as any Sine Die- SB 2852 legal entity that is engaged in the activity of trapping feral cats Failed for the purposes of spaying or neutering, provided the cats will: 1. Be released at the same location where originally trapped; and 2. Have been spayed or neutered by a licensed veterinarian, vaccinated for rabies and feline distemper, and identified with a left ear tip. Rhode Island Dept. of Would: Proposed Env. Mgmt. 1. Give wildlife rehabilitators the authority to euthanize 10 / 18 / 18 / 250-60- wildlife possessed under their Wildlife 00-1 Rehabilitator License, according to the AVMA Guidelines for the Euthanasia of Animals (2013 Edition); 2. Prohibit wildlife rehabilitators from possessing or administering controlled substances unless they have the permission of a licensed veterinarian; 3. Require permit holders to provide facilities that meet the following conditions: a. Caging, holding, and treatment areas for Rabies Vector Species (RVS) may be located inside a building or outside provided that the RVS caging is separate from other non-RVS wildlife rehabilitation cages; b. RVS caging must be constructed of sturdy materia ls and designed in a certain manner; c. RVS cages must be constructed of materials that are effectively cleaned and treated to prevent the spread of rabies; d. RVS cages must be located in areas where there is no access by the public, especially children; e. The outside of the RVS cages must be prominently marked with readable signs that contain the words: "Warning: Wildlife Rabies Isolation Area: Keep Away;” f. An inspection sheet will be used to evaluate the facilities and activities of the RVS rehabilitator. Rhode Island Dept. of Would define euthanasia as the humane destruction of an Proposed Env. Mgmt. animal accomplished by a method that involves instantaneous 10 / 18 / 18 / 250-60- loss of consciousness followed 00-3 immediately by death or by a method that involves anesthesia produced by an agent which causes painless and rapid loss of consciousness and death. West Virginia SB 496 Would have regulated and controlled the management of feral Sine Die- and abandoned cats. Failed Wisconsin Dept of Ag. Would: Proposed / CR 18- 1. Ban the movement of farm-raised deer from a CWD- 11 / 19 / 18 085 affected county to a non-affected county; 2. Require enhanced fencing standards for farm raised deer keepers who do not keep white-tailed deer; and 3. Require personal pets that have brucellosis, if kept alive, to be maintained in accordance with a life-long quarantine in order to protect animal and public health.
1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org