2023 in Review

Originally Published in Todays Veterinary Business – https://todaysveterinarybusiness.com/politics-and-policy-2023-1223/

With most legislative sessions closed and 2024 around the corner, let’s look at the governmental and regulatory trends that shaped policy in 2023. My team tracked almost 2,000 bills affecting the veterinary profession and animal welfare. As the workforce shortage becomes more acute, understanding which policy solutions effectively increase access to care is crucial.

Here are the notable laws and regulations under consideration in 2023.

Telemedicine

It’s gaining traction as 20 bills, either progressive or regressive, were introduced.

Illinois and Kentucky approved laws requiring a physical exam to establish a veterinarian-client-patient relationship. Arizona, Arkansas, California, Michigan, New York and Tennessee (livestock only) introduced bills that would create a VCPR through a virtual exam. Arizona and California passed similar bills that differed on prescription limits.

Meanwhile, Michigan introduced a pro-telemedicine bill following a regulatory change that requires a physical exam. Oregon and Washington clarified that a physical exam is needed. The Washington Veterinary Board of Governors continues to work on telehealth language.

Veterinary Technician Expansion

Iowa enacted a law codifying veterinary technician licensure and RVT title protection. Massachusetts and New Jersey, both currently non-regulated jurisdictions, have pending bills to implement licensure. All three bills include language concerning technician duties and supervision.

Two states expanded the roles of veterinary technicians:

• California will allow RVTs to establish a VCPR to administer specified vaccines remotely or in a clinic.
• Arkansas created a veterinary technician specialist (VTS) role and enabled those title holders to establish a temporary VCPR. The original bill included drug-prescribing abilities, but the new law allows veterinary technician specialists to administer controlled substances if the Drug Enforcement Administration grants them the authority.

Noncompete Agreements

Their prohibition was considered by 17 states, Congress and the Federal Trade Commission, which is contemplating a national ban. California, Maine, Minnesota and New York successfully banned such agreements, and Maine’s new law is veterinary-specific.

Access to Care

Four states passed licensing initiatives to increase access to veterinary care. Out-of-state licensees can provide volunteer spay and neuter services in Florida and routine care in Maryland shelters. New Mexico will require the Board of Veterinary Medicine to expedite out-of-state licensee applications. Wyoming lowered the prior service requirement from five to three years for those seeking licensure by endorsement.

Elsewhere, Indiana and Utah passed reciprocity bills requiring one year of work. New Hampshire introduced a rule to allow for licensure by endorsement.

Declawing

Fourteen bills banning declawing were introduced, and one would have prevented localities from instituting bans. None passed.

Safety

Indiana now requires animal facilities to have on-site staff or a fire alarm system when cats or dogs are kept overnight. Connecticut mandates that veterinarians report animal abuse.

Vaccines

Arizona will have certified rabies vaccinators (appointed by veterinarians) participate in county vaccine programs.

Lawsuits

Initiatives that would permit non-economic damages saw less action in 2023. Massachusetts proposed a $30,000 cap and no veterinary exemption. New York would allow court decisions involving damages to consider emotional bonds. A North Dakota bill would prohibit granting personhood rights to animals. Other states sought to allow animal advocates in court.

Oversight

Texas moved its veterinary board under the department of licensing and regulations. Arkansas disassembled its veterinary board by moving all duties to the Livestock and Poultry Commission. A Washington state regulation will require diversity in continuing education.

Pharmacies

New York amended Buoy’s Law, which requires client notification about drug risks and side effects, by delaying the start date to June 2024 and easing the requirements. The bill is limited to dogs, cats and rabbits for initial prescriptions, and it allows disclosures to be written or verbal.

Alaska passed a bill exempting veterinarians from prescription monitoring programs, while a New Jersey bill would add veterinarians to the PMP. North Carolina expanded PMP reporting requirements to include gabapentin.

Drugs

A U.S. Food and Drug Administration rule passed last summer requires animal owners to obtain a veterinary prescription for antibiotics, making such medications unavailable for over-the-counter purchase. In response, some states approved measures to continue allowing the sale of prescription antibiotics in livestock stores.

In Arkansas, new legislation exempts antibiotics from sale and shipping requirements under the Pharmacy Act, while Montana created a veterinary retail facility permit and a dispensing technician role.

Five states (Delaware, Louisiana, New Hampshire, Rhode Island and Tennessee) passed bills scheduling or restricting the sale of xylazine. Similar legislation is pending in Michigan and New Jersey and federally.

Maine adopted rules governing the compounding of drugs for veterinarian office use.

Animal Welfare

A Florida bill would amend a statute that prohibits local governments from adopting breed-specific policies. The new language prohibits using size or weight specifications and applies to public housing authorities.

Pet Health Insurance

Eight states (Delaware, Louisiana, Maine, Mississippi, Nebraska, New Hampshire, Utah and Washington) passed nearly identical model pet insurance acts.