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State Legislative Update January 2020

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State Legislative Update January 2020 State Legislative Update January 2020 This State Legislative Update includes select summaries of bills and regulations tracked by the AVMA Division of State Advocacy in January 2020. For more information on bills and regulations, please see our full listing or contact AVMA. Numerous states consider bills to prohibit procedures Several states are considering prohibitions on declawing, devocalization, ear cropping and tail docking. Arizona’s HB 2537, Maryland’s HB 445, and West Virginia’s HB 2119 would prohibit declawing. New Hampshire’s HB 1683 would prohibit declawing, along with ear cropping, tail docking, declaw removal and devocalization. New Jersey’s A 1087 and S 920 and Rhode Island’s HB 7342 would prohibit declawing while NJ A 1211 would end ear cropping and tail docking. Hawaii’s HB 2163 and Washington’s HB 2317 and SB 6300 would prohibit ear cropping, tail docking, and devocalization. New York, a state which already prohibits declawing, is considering a bill that would prohibit devocalization (S 6904). Hearings have been held on bills that would prohibit declawing in Florida (SB 48) and New Hampshire (HB 1683). Measures would allow unlicensed persons to perform services West Virginia (SB 218) and Tennessee (HB 1945 and SB 1914) have bills that would permit consumers to hire unlicensed people, including those who practice veterinary medicine. The bills would require providers to disclose that they are not licensed. In Tennessee, a written agreement between the parties would be required prior to any work starting. Non-economic damages and expanded economic damages New Jersey is considering one bill dealing with non-economic damages and another with expanded economic damages. S 722 would establish a civil action for damages-- including compensation for emotional distress suffered by the owner--that may be brought by any person who has a right of ownership in an animal that is injured or killed as a result of an unlawful and intentional, or a negligent act of another. The bill does not authorize any award of noneconomic damages in an action for professional negligence against a licensed veterinarian and the compensation for emotional distress would be capped at $5,000. A second New Jersey bill under consideration, A 1698, would allow the owner of a domestic companion animal that the owner believes has been subjected to veterinary malpractice, resulting in the death of or injury to the animal, to bring a civil action for expanded economic damages against the veterinarian allegedly committing the veterinary malpractice. Equine dentistry bill progresses in Indiana Indiana’s SB 226 would exempt individuals who perform teeth floating on horses from licensing or special permit requirements if the individual has a valid certification from the International Association of Equine Dentistry or an equivalent certification approved by the board of veterinary medicine. The individual would have to act under the direct 1910 Sunderland Place, NW | Washington, DC 20036-1642 | p: 800.321.1473 | www.avma.org 2 | P a g e State Legislative Update – January 2020 supervision of a licensed veterinarian when administering a sedative drug to a horse before performing teeth floating. A hearing has already been held and the bill has progressed to the House. Animal abuse reporting The Hawaii and Kentucky legislatures are considering bills requiring veterinarians to report findings of animal abuse and provide immunity from liability arising from the report (HI SB 2985, HI HB 2528, HI HB 2453, HI HB 2130, KY SB 21). Opioid-related actions being considered Vermont’s H 613 would require veterinarians, as well as pharmacists and other health care professionals, to add a warning label or sticker to the prescription container when dispensing an opioid medication that identifies the medication as an opioid and warns of the risk of addiction and overdose. Related to prescription drug monitoring programs, Alaska’s HB 184 would exempt veterinarians from the requirements of the controlled substance prescription database. Iowa’s SF 2120 SSB 3051 and HB 532 would allow veterinarians to register for and access information from the state’s prescription monitoring program, while a bill Oregon (HB 4129) would require veterinarians to register with the state’s prescription monitoring program. Title change for veterinary technicians Oklahoma’s SB 1787 and SB 1788 would change the title of veterinary technician to registered veterinary nurse. $73 million for CVM teaching hospital in the works Indiana’s HB 1007 would provide $73 million for construction of the College of Veterinary Medicine Teaching Hospital at the Purdue University in West Lafayette. The new hospital, which will be constructed just east of Lynn Hall on Purdue’s campus, will consist of small and large animal facilities, including a new equine hospital and farm animal hospital. A news release outlines the project. **************************************************** Animal Abuse Citation/ State Summary of Proposed Bill or Regulation Status Link Would require veterinarians to report findings of animal abuse and provide immunity from liability arising from the report. SB 2985 1. Provide immunity from civil liability in the absence of gross negligence to veterinarians providing emergency care to an HB 2528 animal and rendering emergency treatment when there is no Introduced Hawaii VCPR. 1/23/20 HB 2453 2. Require veterinarians to report to law enforcement events of animal injury, death, or abuse where there is reasonable HB 2130 cause to believe that it relates to dog fighting or animal abuse and gives veterinarians immunity for civil liability for making the reports. 3 | P a g e State Legislative Update – January 2020 Provides that a licensed veterinarian is immune from Introduced Iowa SF 2029 administrative, civil, or criminal liability in animal abuse 1/16/20 investigations. Would require that a veterinarian report abuse, allow immunity Introduced Kentucky SB 21 for a good faith report, and allow veterinarians to release 1/7/20 information in order to report abuse. Would allow any person to voluntarily and anonymously deliver a domestic companion animal to a shelter, pound, veterinary hospital, or police station in the State, and leave the animal with an employee, veterinarian, or police officer at the facility, and the Introduced New Jersey A 150 person would not be liable for the care or disposition of the 1/14/20 animal. No employee, veterinarian, or police officer at the shelter, pound, veterinary hospital, or police station would be allowed to refuse to accept any domestic companion animal. Would establish the New Jersey Animal Abuser Registry and procedures for notification of members of the public, including Introduced New Jersey S 119 veterinarian’s offices, for offenders who are at moderate to high 1/14/20 risk of re-offense. Animal Care Facilities / Animal Shelters Citation/ State Summary of Proposed Bill or Regulation Status Link Would require a veterinarian overseeing the care of a domestic companion animal at a veterinary facility that does not provide supervision after normal business hours by a person physically Introduced New Jersey A 319 on the premises to obtain a consent form signed by the owner or 1/14/20 the person bringing the animal to the veterinary facility for care or treatment. Would: 1. Establish requirements for veterinary holding facilities; 2. Require facilities to have a trained and certified director to ensure compliance; and 3. Require special training for directors and certified inspectors of regulated animal holding facilities. Facilities are to: 1. Be licensed as pounds by the municipality in which the facility is located; 2. Report information on the animals in each facility; Introduced New Jersey S 636 3. Establish operating requirements and procedures for 1/14/20 euthanizing animals. “Veterinary holding facility” is defined as a facility owned or operated by a veterinarian, veterinary hospital, clinic, veterinary boarding facility, or similar facility that houses stray, surrendered, or otherwise impounded animals as a boarding agent or holding facility for entities such as an animal control provider, municipal humane law enforcement officer, or local law enforcement. Would require kennels and veterinary facilities to: 1. Provide for the direct supervision of any indoor or outdoor common play area whenever two or more dogs are present in that area at the same time; Introduced New Jersey A 661 2. Keep a record of each time a dog is released from or 1/14/20 returned to its cage or enclosure; 3. Develop and implement a training program for all employees of the kennel or veterinary facility who handle or provide 4 | P a g e State Legislative Update – January 2020 care for dogs or who supervise staff handling or providing such care; and 4. File a written certification with authorities that the kennel or veterinary facility is in compliance with the requirements. Would improve shelter care for dogs by requiring prompt care A 1284 and treatment to relieve any pain and suffering, including Introduced New York necessary immediate veterinary care and treatment and parasite 1/8/20 S 1893 control, and appropriate vaccinations. Would: 1. Require any public or private animal shelter or releasing agency to report on an annual basis the euthanasia rate for animals at such shelter or agency to the State Veterinarian; 2. Require the State Veterinarian to notify the Board of Introduced Virginia SB 304 Pharmacy of any such shelter that has a euthanasia rate 1/5/20 greater than 50%; and 3. Prohibit the Board of Pharmacy from registering any such shelter to purchase, possess, or administer certain euthanasia drugs. Animal Disease Citation/ State Summary of Proposed Bill or Regulation Status Link Would prohibit any rabies testing from being performed on a dead domestic companion animal until the health official Introduced New Jersey A 1219 requiring, or the veterinarian performing, the rabies testing, have 1/14/20 notified the owner in writing and the owner providing, in writing, the consent required.
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