State Legislative Update November 2018

Transcription

1 Legislative Update November 2018 This Legislative Update includes summaries of select bills tracked by the AVMA from October 15 through November 15, During this time, no bills were signed into law and no were regulations finalized; however, nine bills were introduced, five bills were pre-filed and 15 regulations of interest were proposed. Licensure Bills Aimed at Veterinary Technicians A proposed regulation in the District of Columbia would prohibit any person from practicing as a veterinary technician unless they are certified or authorized. An applicant for a veterinary technician certification would be required to furnish proof that they have successfully graduated from an accredited two-year vet-tech or animal health associate program as well as have successfully passed the Veterinary Technician National Examination or its successor examination, administered by the American Association of Veterinary Boards. Moreover, the applicant must demonstrate to the Board s satisfaction that they possess competent knowledge and understanding of the laws and rules pertaining to veterinary practice in the District. When a veterinary technician is certified, he or she would be able to refer to him or herself or be referred to as a veterinary nurse. Finally, the proposed regulation would 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. In New Jersey, legislation (S 3131) has been introduced to define what it means to be a veterinary technician and a veterinary assistant. The legislation would allow a veterinary technician to perform any task for which the technician has been trained as delineated in the AVMA s essential task list for veterinary technician teaching programs under the supervision of a veterinarian. Additionally, the legislation requires an applicant for a veterinary technician license to submit the following to the Board of Veterinary Medicine: 1) an application on the prescribed form; 2) information to enable the Board to conduct a criminal history background check if required; and 3) any other information required by the Board. The Board would be required to issue a veterinary technician license if the applicant passes the Veterinary Technician National Examination, or any other examination as required by the Board; the applicant is at least 18 years of age; and has graduated from an AVMA accredited college level program. Continuing Education The Washington Department of Health has proposed modifications to regulations ( Health/WSR ) for continuing education (CE) requirements. The proposal would decrease the reporting period so that 30 hours of CE would be required every two years instead of every three years. Veterinarians would be required to obtain documentation of completed CE that includes the name and credentials or qualifications of the CE provider; the date of attendance or completion; course title or subject; and the number of hours earned. Finally, a veterinarian would be allowed to obtain the following CE: 1) a minimum of 20 scientific or clinical credit hours in any two-year reporting period; 2) a maximum of 10 practice management or professional development credit hours in any two-year reporting period; 3) a maximum of 10 teaching credit hours in any two-year reporting period; and 4) a maximum of 10 credit hours in any two-year reporting period for completion of pre-programmed educational materials. A licensee would be allowed to complete a specialty certification or a residency program to qualify in lieu of the 30-hour CE requirement Sunderland Place, NW Washington, DC p:

2 2 P a g e Legislative Update - November 2018 Certification In Illinois, legislation (SB 3646) has been introduced to create the Occupational Board Reform Act. Beginning in 2019, each General Assembly standing committee would be required 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. Additionally, each standing committee would be required to review all occupational regulations within its jurisdiction every 5 years. The legislation would allow 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. Research and Pet Adoption Bills have been pre-filed in the Texas legislature (HB 146 / SB 121) that would allow a research facility to adopt-out a retired research animal through an animal rescue organization/animal shelter or by an individual through an arrangement between the facility and the individual. The legislation would exempt retired research animals from the adoption provision if the animal has a substantial medical condition that prevents the animal from successfully integrating into an adoptive home. Finally, the legislation provides a research facility with immunity from civil liability if it provides research animals to an animal rescue organization in good faith. The chart below lists state legislation introduced within the past month and tracked by the AVMA Advocacy Division. For more information on bills and regulations, please see our full listing or contact the AVMA s Advocacy Division. Animal Abuse/Cruelty New Jersey A 4698/ S 3146 Summary of Bill or Regulation 1. Define dog fighting paraphernalia to mean equipment, products, implements, and materials of any kind that are used, intended for use, or designed for use in the training, preparation, or conditioning of a dog for fighting, or in 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. Virginia HB 1625 Would amend the definition of adequate shelter to include language about protecting animals from exposure to, and the adverse effects of, heat or cold. 10/22/18 Pre-filed 10/23/18

3 3 P a g e Legislative Update - November 2018 Virginia HB 1626 Would specify that, in a legal proceeding, a presumption will be created that animals have been, are, or are intended to be used in animal fighting if one or more tethered fowl are found. Virginia SB that the outdoor tethering of a companion animal is not adequate shelter if it is conducted: a. When the actual or effective outdoor temperature is 32 degrees Fahrenheit or lower, or 85 degrees Fahrenheit or higher; b. During a heat advisory issued by a local or state authority; or c. During the effective period for a severe weather warning issued for the area by the National Weather Service. 2. Define adequate space to include a tether: a. To which the animal is attached, that permits the animal to easily stand, sit, and make all other normal body movements,and is appropriate to the age and size of the animal; b. That is 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, except when the animal is being walked on a leash or is attached by a tether to a lead line; c. That does not, by its material, size, or weight or any other characteristic, cause injury or pain to the animal; d. That does not weigh more than one-tenth of the animal's body weight; and e. That does not have weights or heavy objects attached to it. Pre-filed 10/23/18 Pre-filed 10/17/18 Animal Diseases/Reporting Illinois Ag. / 8 Ill. Adm. Code 116 Summary of Bill or Regulation 1. Require a reactor and all other equidae found to be exposed to Equine Infectious Anemia (EIA) to be 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. 10/26/18 Animal Shelters/Humane Societies Summary of Bill or Regulation New Jersey A 4628 Would prohibit a shelter/pound from euthanizing an animal unless: 1. The animal s health, as determined by a licensed veterinarian, necessitates that the animal be euthanized; or 2. It is necessary to euthanize the animal to protect the safety of the animal, other animals, or the entity s 10/22/18

4 4 P a g e Legislative Update - November 2018 employees as determined by the entity s owner or operator. Equines California Louisiana Horse Racing Board / Title 4, Rule Racing Commission / LAC 35: I.1506 Summary of Bill or Regulation 1. Establish procedures by which the Horse Racing Board will collect out of competition test samples, as well as penalties for non compliance; 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. Would prohibit the use of Clenbuterol in any quarter horse racing in Louisiana. 10/19/18 10/20/18 Law Enforcement/Animal Control Ohio Attorney General / 109: Summary of Bill or Regulation Would require basic peace officer training to include no less than 1 hour on companion animal encounters and behavior. 10/23/18 Licensure District of Columbia (D.C.) District of Columbia (D.C.) Health / N Health / N Summary of Bill or Regulation 1. Clarify that the practice of veterinary medicine is now 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. 1. Prohibit any person from practicing as a veterinary 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 Boards or its successor; and 10/19/18 10/19/18

5 5 P a g e Legislative Update - November 2018 District of Columbia (D.C.) Health / N 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. Would require an applicant for a veterinary euthanasia technician certificate to: 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 Create the Occupational Board Reform Act; 2. Allow 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; 3. Require a licensing board to issue the determination in writing within 90 days after receiving the preliminary application; 4. Beginning in 2019, require 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. Require each standing committee to review all occupational regulations within its jurisdiction every 5 years; and 6. Allow 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. New Jersey S Define veterinary technician and veterinary assistant; 2. Allow a veterinary technician to perform any task for which the technician has been trained as delineated in the AVMA s essential task list for veterinary technician 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 10/19/18 11/13/18 10/18/18

6 6 P a g e Legislative Update - November 2018 Washington Health / WSR c. Has graduated from a college level program accredited by the AVMA. 1. Decrease the reporting period so that 30 hours of continuing education (CE) would be required every 2 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. 10/19/18 Livestock/Agricultural Florida Ag & Consumer Svcs. / 5C Indiana SBAH / Summary of Bill or Regulation 1. Require all dairy goats 6 months of age or older imported for exhibition purposes to: a. Originate from an accredited herd; and b. Have a negative caudal fold tuberculosis test within 90 days prior to exhibition. 2. Require the Official Certificate of Veterinary Inspection to show the accredited herd number and the date of the last herd accreditation test. 1. Change the definition of test eligible cattle for purposes of moving animals to mean the following: a. Cattle and bison of all ages from accreditation preparatory states or zones; b. Cattle and bison of all ages except those under 2 months of age from modified accredited states or zones; c. Cattle and bison 18 months of age and older from modified accredited advanced states or zones; and d. Cattle and bison from accredited-free states or zones need not be tested except that cattle and bison moving from a herd that is not accredited to an accredited herd must be tested within 60 days of the movement; 2. Remove the test requirement for sexually intact female cattle of dairy breeds, including dairy cross breeds, that are 6 months of age or older that originate from an accredited-free 11/1/18 11/7/18

7 7 P a g e Legislative Update - November 2018 Washington Ag. / WSR state or zone or a modified accredited advanced state or zone prior to movement; 3. Extend the validity of the accredited herd status for both cattle and goat herds from 365 days to 730 days from the date it is earned. 1. Remove the definition of a restricted feedlot; 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. -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 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. 10/24/18 Pet Issues Illinois Ag. / 8 Ill. Adm. Code 25 Summary of Bill or Regulation 1. Prohibit kennels from group housing animals unless their owners provide prior consent and a record of that consent is maintained for a period of 12 months; and 2. Allow a kennel operator to adopt or humanely euthanize an animal if the animal s owner does not appear or contact the kennel within 30 days after their stated return time. Michigan HB Allow a trust to be created for the care of a designated domestic pet during the settlor s lifetime; and 2. Specify that this pet trust ends: a. When the animal dies; or b. If the trust was created to provide for the care of more than 1 domestic pet alive during the settlor s lifetime, on the death of the last surviving animal. Ohio HB 754 Would prohibit a person from owning, possessing, or residing with a companion animal for one of the following time periods after they are released from incarceration: 1. If convicted for misdemeanor animal abuse: a. 5 years; or b. 15 years if the offender has previously been convicted of, or pleaded guilty to, a misdemeanor or felony animal abuse offense. 2. If convicted for felony animal abuse: a. 15 years; or b. The lifetime of the offender if the offender has previously been convicted of, or pleaded guilty to, a misdemeanor or felony animal abuse offense. 10/26/18 11/7/18 10/29/18

8 8 P a g e Legislative Update - November 2018 Ohio HB Require a convicted animal abuser to register with the Attorney General (AG) and submit the following information no later than 60 days after a court imposes a sentence: a. The individual's name, address, gender, and date of birth; b. Details of the animal abuse offense, including a description of each animal that was a victim of the offense; c. The penalty imposed for the offense; d. The individual's photograph; and e. Any additional information required by the AG for purposes of the registry; 2. Require the AG to maintain this information for a period of 2 years for a first animal abuse offense; 3. Require the AG to maintain this information for a period of 5 years for any subsequent animal abuse offense; and 4. Prohibit an animal shelter from placing a companion animal with a person whose name is listed on this registry. Texas HB 146 / SB Allow a research facility to adopt-out a retired research animal: a. Through an animal rescue organization or animal shelter; or b. By an individual through an arrangement between the facility and the individual; 2. Exempt retired research animals from this adoption provision if the animal has a substantial medical condition that prevents the animal from successfully integrating into an adoptive home; and 3. Provide a research facility with immunity from civil liability if that facility provides research animals to an animal rescue organization in good faith. Texas HB Specify that a person found guilty of animal cruelty can be ordered to pay the county s reasonable attorney s fees; 2. Specify that a court can only exercise this option if the convicted person lives in county of 700,000 people or more. 10/29/18 Pre-filed 11/12/18 Pre-filed 11/12/18 Service/Assistance Animals Rhode Island Cmsn. for Human Rights / Summary of Bill or Regulation 1. Prohibit a residential owner from refusing to make reasonable accommodations to his or her own pet policies if a renter requires an assistance animal; 2. Clarify that not all animals necessary as a reasonable accommodation need to have specialized training; and 3. Allow a housing provider to deny accommodation for an assistance animal if the animal s presence would: a. Result in substantial physical damage to the property of others unless the threat can be eliminated or significantly reduced by a reasonable accommodation; b. Pose an undue financial and administrative burden; or 10/30/18

9 9 P a g e Legislative Update - November 2018 c. Fundamentally alter the nature of the housing provider s operations. Zoo Animals/Wildlife Florida Rhode Island FWC Cmsn. / Env. Mgmt. / Summary of Bill or Regulation 1. Specify that no person shall allow or permit any freshwater fish, aquatic invertebrate, marine plant, marine animal, or wild animal life not native to Florida to remain in any facility that is not maintained for the production or maintenance of such non-native species; 2. Prohibit a person from transporting or possessing any freshwater fish, aquatic invertebrate, marine plant, marine animal, or wild animal life not native to the state without having secured a permit from the Commission; and 3. Prohibit a leopard tortoise, African spurred tortoise, or Bell s hingeback tortoise from being imported or transported without a conditional/prohibited/non-native species permit subject to the following: a. Tortoises shall be inspected by a veterinarian and certified as being free of external parasites prior to being imported; b. Containers used to transport tortoises shall be disinfected prior to importation, and shall be incinerated within 24 hours of arrival or exported out of Florida within 72 hours; and c. Such other conditions as may be necessary to ensure that no tortoise infested with ticks capable of transmitting the Heartwater disease is imported into Florida. 1. Give wildlife rehabilitators the authority to euthanize wildlife possessed under their Wildlife 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 materials 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 10/30/18 10/18/18

10 10 P a g e Legislative Update - November 2018 Rhode Island Env. Mgmt. / 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. Would define euthanasia as the humane destruction of an animal accomplished by a method that involves instantaneous loss of consciousness followed immediately by death or by a method that involves anesthesia produced by an agent which causes painless and rapid loss of consciousness and death. 10/18/18