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

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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.

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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.

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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

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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. Would allow a county to require veterinarians to report dog Introduced Oregon HB 4053 vaccinations for rabies to the county. 1/27/20 Establishes a list of animal diseases that are considered ID injurious to the public and animals within Rhode Island, Proposed Rhode Island 250¬RICR containing all diseases that are federally reportable, notifiable to 12/31/19 ¬40¬05 the OIE World Organization for Animal Health, and appear on the federal select agent list for bioterrorism.

Appropriations

Citation/ State Summary of Proposed Bill or Regulation Status Link Would provide: 1. $6,636,000 for the Veterinary Medical Board. Introduced California SB 808 2. $50,000,000 for the University of California Davis Koret 1/10/20 Shelter Medicine Program to develop a grant program for animal shelters, pursuant to pending legislation. Would establish and appropriate funds for 1 FTE permanent Introduced Hawaii HB 1891 veterinary medical officer position within the Department of 1/21/20 Health. Would provide $73 million for construction of the College of Introduced Indiana HB 1007 Veterinary Medicine Teaching Hospital at the Purdue University 1/6/20 in West Lafayette. Would provide: SB 190 1. $818,794 for the State Board of Veterinary Medical Introduced Maryland Examiners Special Fund 1/15/20 HB 150 2. $3,618,298 for Animal Health.

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Would fund a tick laboratory which includes medical and LD 1518 Enacted Maine veterinary pest management focusing on health-related issues (HP 1111) 1/12/20 caused by ticks and other arthropods as needed.

Cannabis / Marijuana / Hemp

Citation/ State Summary of Proposed Bill or Regulation Status Link Would provide for the registration and regulation of hemp products, including pet treats or by-products used in animal feed, sold within the state. Hemp products meant for animal Filed West Virginia ID 61-30 consumption must be labeled and would be prohibited from 1/7/20 containing medical claims on the label that are not approved by the FDA.

Education

Citation/ State Summary of Proposed Bill or Regulation Status Link Would require a plan be implemented for determining and awarding academic credit for postsecondary education based on work-related experience. "Work related experience" means any experience acquired within the past 10 years through paid or HB 20- Introduced Colorado unpaid employment, including but not limited to self- 1002 1/8/20 employment, an internship, a residency, a pre-apprenticeship program, or an apprenticeship program, that may lead to or result in a business credential, an industry credential, a technical certificate or a professional license. Would create the Veterinary Contract Spaces Program (VCSP), establish the VCSP Trust Fund, and require the Kentucky Introduced Kentucky HB 214 Higher Education Assistance Authority to administer the 1/8/20 program. Would: 1. Allow for the practical training and employment of students Introduced Virginia HB 1363 of veterinary medicine and veterinary technology; and 1/8/20 2. Establish a temporary postgraduate license.

Emergency / First Responders

State Citation/ Summary of Proposed Bill or Regulation Status Link Would provide immunity from civil liability to any individual rendering emergency care to an animal at the scene of an Introduced New Jersey A 905 accident or during a disaster, or while transporting an animal 1/14/20 during a rescue from a disaster. A 1643 Would establish the Good Samaritan Law to provide immunity Introduced New Jersey from civil liability for veterinarians or emergency responders who 1/14/20 S 715 assist animals at an accident scene or emergency. Would provide immunity from civil or criminal liability to: 1. Any licensed veterinarian that provides off-site instruction to any first responder providing basic first aid to a dog or cat. 2. A certified first responder or emergency medical technician Failed New York S. 5654 that renders basic first aid to a dog or cat while responding 1/8/20 to an emergency; and Would limit basic first aid performed on an animal to the following:

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1. Opening and manually maintaining an airway; 2. Providing mouth-to-mouth or mouth-to-barrier ventilation; administering oxygen; and managing ventilation by mask; 3. Controlling hemorrhage with direct pressure; 4. Immobilizing fractures; 5. Bandaging; and 6. Administering naloxone allowed by law and as directed by a licensed veterinarian.

Equine

Citation/ State Summary of Proposed Bill or Regulation Status Link Would provide that an individual who performs teeth floating on horses is exempt from the licensing or special permit requirements of the veterinary medicine laws if the individual has a valid certification from the International Association of Introduced Indiana SB 226 Equine Dentistry or an equivalent certification approved by the 1/6/20 board of veterinary medicine and acts under the direct supervision of a licensed veterinarian when administering a sedative drug to a horse before performing teeth floating on the horse. Would establish a wild horse holding and training program designed in partnership with the federal BLM Wild Horse and Introduced Washington HB 2579 Burro Program and in consultation with Washington State 1/15/20 University CVM to determine whether it may have students practice care at the training and holding facilities. Would modify the Thoroughbred Racing rules so that: 1. No drug may be administered except in the context of a valid VCPR; 2. The trainer and veterinarian are both responsible to ensure compliance with the limitations on drug treatments of horses, except the medical judgment to recommend a drug Filed West Virginia ID 178-01 treatment or to prescribe a drug is the responsibility of the 12/20/19 veterinarian and the decision to proceed with a drug treatment is the responsibility of the horse owner; and 3. Adds certain prohibited substances and methods that cannot be used at any place or time and may not be possessed on the premises of a racing or training facility, except as a restricted therapeutic use.

Legal

Citation/ State Summary of Proposed Bill or Regulation Status Link Would permit the court to appoint a legal aid to represent the interests of a cat or dog when a person is facing punishment for neglecting or abusing them. The bill would also direct the Illinois Introduced Illinois HB 3995 Department of Natural Resources to create a database of legal 12/16/19 professionals (lawyers, paralegals) willing to represent a cat or dog in court proceedings. 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 Introduced New Jersey S 722 an animal that is injured or killed as a result of an unlawful and 1/14/20 intentional, or a negligent act of another.

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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 $5000. Would allow the owner of a domestic companion animal that the owner believes has been subjected to veterinary malpractice, Introduced New Jersey A 1698 resulting in the death of or injury to the animal, to bring a civil 1/14/20 action for expanded economic damages against the veterinarian allegedly committing the veterinary malpractice. Would provide protection from civil liability for certain individuals, including veterinarians and veterinary assistants, for damages to Introduced West Virginia SB 184 an owner's motor vehicle, when removing a domesticated 1/9/20 animal from the locked and/or unattended motor vehicle.

Licensure

Citation/ State Summary of Proposed Bill or Regulation Status Link Would allow a person to be issued a provisional license at the same practice level as a license the person holds in another Introduced Indiana SB 427 state when the person affirms information concerning the 1/15/20 person's license and has passed a criminal background check. Would require the board to issue an occupational license to a Introduced Indiana HB 1008 person who is licensed in another state upon application if they 1/6/20 meet the criteria for an occupational license. Would allow a person to be granted a license as a large or small animal massage therapist if they are: 1. A licensed massage therapist in good standing who has provided the Board of Licensure for Massage Therapy proof of completion of 100 hours of training in either large or small animal massage therapy; or 2. An individual whose practice is limited to only animal massage therapy and has applied for certification as an animal massage therapist upon completion of a program approved by the board in either large or small animal massage therapy. The Board of Licensure for Massage Therapy may issue an animal massage therapy license to an applicant who: Introduced Kentucky HB 346 1. Is 18 years of age or older; 2. Has submitted a completed application and paid the fees 1/29/20 required by the board; and 3. Has practiced animal massage therapy for a minimum of 3 years under the supervision of 1 or more veterinarians

An animal massage therapist would have to report to the animal’s owner or representative any findings that indicate the need for an examination by a licensed veterinarian. If referred by a veterinarian, the animal massage therapist would have to provide the veterinarian written or electronic notification of results of the treatment and summary of observations of the animal’s condition, including any contraindications to animal massage therapy or the need for evaluation for 6 treatment beyond the animal massage therapist’s scope of practice. Would require the board to issue an occupational license or government certification to a person upon application if they Introduced Mississippi HB 261 meet the criteria for an occupational license or government 1/27/20 certification.

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Would allow a person who holds a valid current license issued by another state, a territory of the U.S. or DC, and who has been licensed for at least one year in such other jurisdiction, to submit Introduced Missouri HB 2046 an application for a license in Missouri in the same occupation 1/8/20 or profession, and at the same practice level they hold the current license. Would establish a legislative committee to provide oversight on Introduced New Hampshire SB 568 the office of professional licensure and certification. 1/2/20 Would require the Director of the Division of Consumer Affairs to provide information concerning health care professionals, including veterinarians, on the License Verification System: 1. Any professional discipline by a health care professional A 1027 board in this State or any other state. Introduced New Jersey 2. Any malpractice claim, settlement, or judgment against the 1/14/20 S 846 professional. 3. Any loss of hospital privileges. 4. Any criminal convictions. 5. Any actions taken against the professional by federal regulators (FDA, DEA). Would require professional and occupational boards to issue a license, certificate of registration, or certification to any applicant Introduced New Jersey A 1207 who received a license and equivalent training, education, or 1/14/20 experience in other state or jurisdiction of the U.S. Would establish state policy for the regulation of occupations Pre-filed Oklahoma SB 1678 least restrictive and establish a sunrise/sunset review. 1/16/20 Would require the board to issue an occupational license or government certification to a person upon application if they Pre-filed Oklahoma SB 1679 meet the criteria for an occupational license or government 1/16/20 certification in Oklahoma. Would require the board to issue an occupational license to a Introduced Tennessee HB 1944 person who is licensed in another state upon application if they 1/28/20 meet the criteria for an occupational license. Would permit consumers to hire unlicensed persons, including those practicing veterinary medicine. A written agreement must be entered into by both parties prior to any work commencing. The written agreement must acknowledge that: HB 1945 1. The customer is aware that the person is not certified or Introduced Tennessee licensed; and 1/28/20 SB 1914 2. The customer releases the person performing the work from all liability that may arise from the person's performance of the work, except for an action brought for intentional, willful, or malicious conduct. Would permit the Governor to reinstate the license for any Introduced Virginia SB 829 profession regulated by an executive branch agency that has 1/8/20 been revoked by such agency. Would establish criteria for an individual licensed in another state to apply for an occupational license in the Commonwealth. Introduced Virginia HB 982 Regulatory boards may require an individual to pass a 1/7/20 jurisprudential exam specific to relevant state laws that regulate the occupation. Would clarify that the Board of Veterinary Medicine may refuse to grant or renew, suspend, or revoke any license to practice veterinary medicine, to practice as a veterinary technician, or Introduced Virginia SB 422 registration to practice as an equine dental technician, if such 1/8/20 applicant or holder employs or permits any person who does not hold a license to perform work which can lawfully be performed only by a person holding the appropriate license or registration.

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Would direct department of licensing to establish procedures to expedite the issuance of a license, certificate, registration, or Introduced Washington HB 2354 permit to perform professional services regulated by the 1/1/0/20 department to a person who is licensed, certified, or registered, or has a permit in another state. Would allow issuance of an occupational license, without regard to other requirements, to an applicant if the applicant meets all competency-based licensing requirements for a specific Introduced Washington HB 2355 occupational license. “Competency-based licensing 1/10/20 requirement” may include, but is not limited to, any combination of training, experience, testing, or observation. Would permit consumers to hire unlicensed persons, including those practicing veterinary medicine. A provider would be required to disclose the following: “West Virginia state law requires providers of the service that you, the consumer, are Introduced West Virginia SB 218 agreeing to purchase in this contract to hold an occupational 1/9/20 license. I am not licensed by the state, but by providing this nonlicensed disclosure I am allowed by [cite this section] to perform the service in this contract.”

Livestock

Citation/ State Summary of Proposed Bill or Regulation Status Link Would prohibit a farm owner or operator in Arizona from knowingly confining an egg-laying hen in an enclosure with less than one square foot of usable floor space per hen (beginning 12/31/20) or in an enclosure that is not a cage free housing system (beginning 12/31/24). After 12/31/20, business owners and operators would be prohibited from selling or transporting Arizona HB 2724 eggs from hens that are housed in manners not compliant with Introduced the standards.

The bill exempts medical research and examining testing, individually treating or operating for veterinary purposes, but only if performed by or under the direct supervision of a veterinarian. Would provide that after 12/31/24 farm owners and operators keep their egg-laying hens in cage-free housing systems; and business owners and operators may not sell eggs from hens LD 2084 Introduced Maine that are not kept in cage-free housing systems. The bill exempts (HP 1485) 1/28/20 medical research, and examining testing, individually treating or operating for veterinary purposes, but only if performed by or under the direct supervision of a veterinarian. Would, pertaining to antimicrobials in food animal producing animals: 1. Prohibit medically important antimicrobials from being administered to a food-producing animal unless ordered through a prescription or a VFD given by a licensed Introduced New York A 9632 veterinarian who has visited the farm operation within the 1/28/20 previous 6 months. 2. Allow only use of medically important antimicrobial in a food- producing animal to control the spread of a disease or infection; to treat a disease or infection; or in relation to surgical or other medical procedures.

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3. Eliminate the use of medically important antimicrobials in food-producing animals solely for growth promotion, improved feed efficiency, or disease prevention. 4. Provide that medically important antimicrobials can be used only for the purpose and duration specified by a veterinarian. 5. Require annual reporting for veterinarians that prescribe, provide, or administer medically important antimicrobials to food-producing animals.

Prescription Drug Monitoring Program (PDMP)

Citation/ State Summary of Proposed Bill or Regulation Status Link Would exempt veterinarians from the requirements of the Introduced Alaska HB 184 controlled substance prescription database. 1/21/20 SF 2120 (formerly Introduced SSB Would allow veterinarians to register for and access information 1/16/20 Iowa 3051) from the Iowa prescription monitoring program. 1/21/20 HB 532 Would require veterinarians to register with prescription monitoring program established by Oregon Health Authority and Introduced Oregon HB 4129 pharmacies that dispense prescription drugs prescribed by 1/27/20 veterinarians to report dispensation to prescription monitoring program.

Prescriptions / Opioids / Controlled Substances

Citation/ State Summary of Proposed Bill or Regulation Status Link Would require electronic prescribing of controlled substances Introduced Maryland SB 166 but would not apply to licensed veterinarians. 1/13/20 Would require prescriptions for animals to be issued in name of animal owner and require the Prescription Monitoring Program Introduced New Jersey A 1503 to include information about controlled substances prescribed by 1/14/20 veterinarians. Would add the following verbiage to requirements for practitioners, including veterinarians: 1. Not issue an initial prescription for an opioid drug in a quantity exceeding a 5-day supply for treatment of acute pain. Any prescription for acute pain shall be for the lowest effective dose of immediate-release opioid drug and for the Introduced New Jersey A 1589 shortest period of time that is possible, as determined by the 1/14/20 practitioner; and 2. Consider alternatives to the prescription of a Schedule II controlled dangerous substance or any other opioid drug, such as the use of non-opioid medications, nerve-blocking treatments, nitrous oxide, or any other non-addictive treatments. Would have required a veterinarian who provides medication to S 3959 an animal to notify the animal's owner, verbally and in writing, of Died New York the potential risks and side effects of such medication prior to 1/8/20 A 6502 providing medication. Would require a pharmacist or other health care professional, Introduced Vermont H 613 including veterinarians, dispensing an opioid medication to a 1/9/20

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human or animal patient to add a warning label or sticker to the prescription container that identifies the medication as an opioid and warns of the risk of addiction and overdose.

Scope of Practice

Citation/ State Summary of Proposed Bill or Regulation Status Link Would allow a veterinarian to perform or cause to be performed declawing, onychectomy or tendonectomy of a cat only if the veterinarian is licensed and the procedure is for a therapeutic Introduced Arizona HB 2537 purpose. A veterinarian who performs declawing, onychectomy 1/23/20 or tendonectomy on a cat shall keep a record of the procedure for at least 4 years after the last contact with the cat. Would: 1. Specify that accepted veterinary practices and cropping or docking as customarily practiced are not considered cruelty to animals if performed by a licensed veterinarian. 2. Prohibit an animal's owner and the owner's employees from Introduced Hawaii HB 2163 performing any surgical procedure, including surgical birth, ear 1/23/20 cropping, tail docking, or debarking, without being licensed as a veterinarian. 3. Add the use of castration bands to neuter pet animals to the offense of cruelty to animals in the second degree. Would prohibit a veterinary practitioner from performing certain Introduced Maryland HB 445 declawing procedures on a cat unless the procedure is 1/23/20 necessary for a therapeutic purpose. Would prohibit cosmetic and convenience surgery on a dog except as necessary in order to address the physical medical condition. Cosmetic and convenience surgery on dogs is tail Introduced New Hampshire HB 1683 docking, tail nicking, setting, or blocking, ear cropping, 12/30/19 devocalization or debarking, onychectomy (declawing), and dewclaw removal. Would prohibit an onychectomy (declawing) or flexor Introduced A 1087 tendonectomy procedure by any means on a cat or other 1/14/20 New Jersey animal, unless the procedure is deemed necessary for a S 920 therapeutic purpose by a licensed veterinarian. 1/27/20 Would prohibit cropping or altering the tail or ears of a dog for cosmetic reasons. A licensed veterinarian who crops or alters the tail or ears of a dog as part of a medical procedure for Introduced New Jersey A 1211 medical reasons would have to prepare and file a written 1/14/20 statement with the Department of Health setting forth the veterinary basis for doing so and the name and address of the owner of the dog. Would restrict surgical devocalization procedures on dogs and Introduced New York S 6904 cats. 12/13/19 Would prohibit declawing of a cat or other animal unless a Introduced Rhode Island HB 7342 licensed veterinarian has determined the procedure is 1/29/20 necessary for a therapeutic purpose. Would: 1. Prohibit devocalization of a dog or cropping any part of the HB 2317 ear or tail of a dog unless the person is a licensed Introduced Washington veterinarian who performs the procedure while the dog is 1/8/20 SB 6300 under anesthesia. 2. Define "pain or suffering" to mean a state of physical or mental lack of well-being or physical or mental uneasiness

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that ranges from mild discomfort or dull distress to unbearable agony. Would prohibit the performing of an onychectomy (declawing) or Introduced West Virginia HB 2119 flexor tendonectomy procedure on a cat or other animal. 1/9/20

Service Animals

Citation/ State Summary of Proposed Bill or Regulation Status Link Would require medical insurance carriers to provide certain coverage for service animals, including veterinary care, when Introduced New York A 707 such animal is deemed medically necessary by a licensed 1/9/20 physician.

Spaying / Neutering

Citation/ State Summary of Proposed Bill or Regulation Status Link Would impose an additional fee on pet food for dogs and cats to fund the Dog and Cat Spay and Neuter Assistance Program and Introduced New Mexico SB 57 the Animal Sheltering Act and establish means-testing for 12/30/19 accessing the program.

State Boards of Veterinary Medicine / Veterinary Medical Examiners

Citation/ State Summary of Proposed Bill or Regulation Status Link Would remove the residency requirement for both the state Introduced Kentucky HB 238 veterinarian and the deputy state veterinarian. 1/9/20 Would authorize the State Board of Veterinary Medical Introduced SB 189 Examiners to issue a cease and desist order and impose a civil 1/15/20 Maryland penalty against a person who practices, attempts to practice, or HB 545 offers to practice veterinary medicine without a license. 1/27/20 Would require the Commissioner to employ and direct at least two licensed veterinary technicians, to be known as the State Animal Welfare Inspector, to conduct two annual inspections of each regulated facility (which will not apply to agricultural Introduced Virginia SB 891 animals or to any research facility) that keep: 1/8/20 1. Dogs, cats, and rabbits by any commercial dog breeder, dealer, pet shop, or private animal shelter. 2. Companion animals by zoos not accredited by the Association of Zoos and Aquariums.

Suicide Prevention

Citation/ State Summary of Proposed Bill or Regulation Status Link Would direct the board of occupational therapy in consultation with the University of Washington's Forefront Suicide Prevention Center of Excellence to develop a suicide prevention training Introduced Washington HB 2411 program for veterinarians. The program must: 1/14/20 1. Recognize that veterinarians treat animal patients and have limited interaction with animal patient owners. 2. Focus on mental health and well-being.

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3. Include general content on suicide risk, prevention, and resourcing, and specific content on imminent harm by lethal means. 4. Be three hours in length and the hours spent completing training count toward meeting any applicable continuing education requirements for veterinarians and veterinary technicians.

Tax Credits, Tax Exemptions, and Sales & Use Tax

Citation/ State Summary of Proposed Bill or Regulation Status Link Would raise sales and use tax rate to 8% on or after 1/1/21. This category includes small animal veterinary services (excluding veterinary services for equine, cattle, swine, sheep, goats, Introduced Kentucky HB 28 llamas, alpacas, ratite birds, buffalo, and cervids; pet care 1/7/20 services), including but not limited to grooming and boarding services, pet sitting services, and pet obedience training services. The new law provides a sales and use tax exemption for when a LD 1718 Enacted Maine non-profit organization purchases pet food and supplies to give (SP 567) 1/12/20 to low-income pet owners for little or no charge. Would impose sales and use taxes on all services unless a specific sales tax exemption applies. The bill strikes the exemption for the gross income received for animal specialty Introduced Nebraska LB 946 services, veterinary services, specialty services performed on 1/13/20 livestock, animal grooming performed by a licensed veterinarian or a licensed veterinary technician in conjunction with medical treatment. Introduced Rhode Island SB 2056 Would eliminate the sales tax on pet care services. 1/21/20

Veterinarian-Client-Patient Relationship (VCPR) / Telemedicine

Citation/ State Summary of Proposed Bill or Regulation Status Link Would define and redefine terms as follows: 1. “VCPR” means a relationship in which the veterinarian has performed a physical exam of the patient, or made timely and medically appropriate visits to the premises where the patient is kept, and has assumed responsibility for making medical judgments regarding the health of the patient and its need for medical treatment or the veterinarian has access to Introduced Florida HB 1015 the patient's records and has been designated by a 12/19/20 veterinarian with whom the patient had a prior relationship to provide reasonable and appropriate medical care. 2. "Patient" means any animal, or any herd, collection, or group of animals, for which the veterinarian practices veterinary medicine. 3. "Physical examination" means the evaluation of a patient by personal inspection, palpation, and auscultation. Would redefine “telemedicine" to include: or "telehealth" as the practice of veterinary medicine, including diagnosis, consultation, evaluation, treatment, transfer of medical data or Pre-filed Oklahoma HB 3482 exchange of information by means of a two-way, real-time 1/16/20 interactive communication between a client or patient and a veterinarian with access to and reviewing the patient's relevant

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information prior to the telemedicine visit. Telemedicine or telehealth would not include consultations provided by telephone audio-only communication. A veterinarian using telehealth technologies would have to take appropriate steps to establish the veterinarian-client-patient relationship and conduct all appropriate evaluations and history of the patient consistent with traditional standards of care for the particular patient presentation. A veterinarian would have to be licensed, or under the jurisdiction of, the veterinary board of the jurisdiction where the patient is located. The practice of medicine would occur where the patient is located at the time telehealth technologies are used.

Veterinary Medicine

Citation/ State Summary of Proposed Bill or Regulation Status Link Introduced Nebraska LB 988 Would allow non-veterinary ownership of veterinary practices. 1/14/20 Would establish the “New Jersey One Health Task Force” in the Department of Health to develop a strategic plan to promote inter-disciplinary communication and collaboration between A 1992 physicians, veterinarians, and other scientific professionals and Introduced New Jersey State agencies, with the goal of promoting the health and well- 1/14/20 S 347 being of the State’s residents, animals, and environment. The Task Force would consist of 13 members including two who are veterinarians licensed in the State, one of whom would have knowledge, competence, or experience with farm animals. Would establish a sharps waste stewardship program to provide an ongoing and sufficient supply of sharps waste containers and prepaid mail-back materials upon request and at no cost to certain entities, including veterinary clinics. A sharps Introduced Washington HB 2360 stewardship program would be required to notify all veterinary 12/19/19 clinics, retail pharmacies, clinics, and hospitals in the state of the opportunity to participate as a sharps collection site, which is voluntary.

Veterinary Technicians / Veterinary Assistants

Citation/ State Summary of Proposed Bill or Regulation Status Link SB 1787 Would change the title of veterinary technician to veterinary Pre-filed Oklahoma nurse. 1/16/20 SB 1788

Wildlife / Zoo Animals

Citation/ State Summary of Proposed Bill or Regulation Status Link Would: 1. Prohibit the declawing or removal of the canine teeth of an exotic or dangerous wild animal unless necessary for Introduced Indiana HB 1200 treatment of a medical problem. 1/13/20 2. Allow an exotic or dangerous wild animal to be humanely destroyed by a law enforcement officer under certain circumstances.

15 | P a g e State Legislative Update – January 2020

Would allow: 1. Veterinarians to temporarily be in possession of a large carnivore to provide veterinary care for or humanely euthanize the large carnivore. 2. A person to allow a patron to come into contact with a large Introduced Michigan HB 4860 carnivore if the large carnivore is a bear less than 36 weeks 8/29/19 of age or a bear weighing 90 pounds or less if the person does not perform disfiguring procedures, including, but not limited to, declawing or canine tooth removal, unless considered medically necessary by a licensed veterinarian. Would make it unlawful for any person to possess, sell, transfer or breed a dangerous wild animal and allow any member of the public to come into direct contact with a dangerous wild animal. Pre-filed Oklahoma HB 3604 Exempted entities include licensed veterinary hospitals for the 1/13/20 purpose of providing treatment to a dangerous wild animal; research facilities; and zoos accredited by the Association of Zoos and Aquariums.