State Legislative Update May 2018

Transcription

1 Legislative Update May 2018 This Legislative Update includes summaries of select bills tracked by the AVMA from April 15, 2018 through May 15, In the month since our last publication of the Legislative Update, 13 state legislatures adjourned for the year. But our work is not over; 18 states and five U.S. Territories remain in session. Here are some highlights from the last four weeks: Abuse Reporting / Civil Liability The Illinois state house of representatives passed HB 4191, to amend the Humane Care for Animals Act. The bill would give a person immunity, from civil and criminal liability, when he/she forcibly removes an animal from a locked vehicle. The legislation awaits action by the Illinois state senate. Legal Issues Max s Law, S 8722, was introduced in the New York state senate and would hold a person liable if they intentionally, recklessly, or negligently cause the death of a companion animal by act or omission. Pet Issues Legislation, HB 5916, introduced in Michigan proposes to regulate pet shops, animal control shelters, and animal protection shelters. The bill would also establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets. Pennsylvania legislation would prohibit pet stores from selling dogs, cats, and rabbits unless sourced from shelters and rescues. Prescription Drug Monitoring Programs / Controlled Substances Veterinarians licensed in Illinois will be required to complete three hours of continuing education (CE) in safe opioid prescribing practices offered or accredited by a professional association, state government agency, or federal government agency, under a bill moving through the Illinois senate. A prescriber may count the three hours toward the total CE required for renewal of a professional license. Scope of Practice Feline onychectomy, or declawing, would have been criminalized in California had SB 1441 not been defeated. The bill would have imposed the nation's first statewide ban on feline onychectomy, having proposed to add domestic cats to the state ban already in place on the procedure for exotic or wild-native cat species. The Louisiana state senate unanimously passed HB 748 to amend the state s Occupational Licensing Review Act. The bill would allow the Governor to annually review no less than 20% of the agencies engaged in regulatory and licensing activities, while requiring review of all such agencies within the next five years. Controversial provisions prohibiting the communication of private certifications unless they were required for licensing were stricken from the bill. Several professional organizations, including Louisiana VMA, expressed concerns to legislators about the proposed restrictions. The Oregon Examining Board proposed several noteworthy regulations recently: Clarifying the definition of herd or flock animal ; Revising the supervision requirements for veterinary interns; Authorizing the use of electronic mail for Board notifications; Clarifying the scope of work for Certified Technicians regarding dental extractions, rabies vaccine administration, and microchips; and 1910 Sunderland Place, NW Washington, DC p:

2 2 P a g e Legislative Update - May 2018 Allowing veterinary assistants to implant permanent identification devices under basic supervision. 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 Summary of Bill or Regulation Delaware SB 209 Would amend multiple provisions of the Criminal Code to include: 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 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. New Jersey A 3856/S Create a new framework of existing and new offenses designated as animal neglect, aggravated animal neglect, extreme animal neglect, animal abuse, and aggravated animal abuse; 2. Increase criminal penalties for a number of 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 York S 8724 Would add a new section, titled Offenses Against Animals, to the Criminal Code. This new section would include: 1. Defining aggravated animal cruelty as when a person intentionally kills or causes serious physical injury to a companion animal with no justifiable purposes; 2. Finding a person guilty of a crime if he or she knowingly fails to provide appropriate shelter specific to the dog s breed and physical conditions and the outdoor climate; 3. Finding a person guilty of a crime if he or she confines an animal in a motor vehicle in extreme heat or cold without proper ventilation or protection; and 4. Finding a person guilty of a crime if he or she pierces, tattoos, or ear crops a companion animal unless the 5/10/18 5/7/18 5/10/18

3 3 P a g e Legislative Update - May 2018 procedure is performed by a licensed veterinarian and provides a medical benefit to the animal. Abuse Reporting/Civil Liability Summary of Bill or Regulation Illinois HB 4191 Would give a person immunity, from civil and criminal liability, when he or she forcibly removes an animal from a locked vehicle if the person: 1. Determines that the vehicle is locked and there is no reasonable method for the animal to exit; 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. 12/15/17 House 4/26/18 Senate Amended on 5/11/18 Animal Diseases/Reporting Summary of Bill or Regulation Delaware HB 390 Would require the Department of Health and Social Services to create a vaccination risk assessment form to be used by veterinarians for dog, cat, and ferret vaccinations. Indiana Board of 1. No longer require a veterinarian to report a porcine epidemic Animal diarrhea virus (PEDv) or porcine deltacoronavirus (PDCoV) Health/18- diagnosis in an animal from Indiana to the state veterinarian 197 within 2 business days of the diagnosis; and 2. No longer require 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 Rhode Island Environme ntal Manageme nt/250- RICR of receiving the information. 1. Adopt and incorporate the National Association of Public Health Veterinarians "Compendium of Animal Rabies Prevention and Control" (2016) and the American Association's "AVMA Guidelines for the Euthanasia of Animals" (2013) by reference; 2. Require any imported dog, cat, or ferret to be accompanied by an Official Certificate of Inspection; and 3. Require 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. 5/8/18 4/25/18 5/1/18

4 4 P a g e Legislative Update - May 2018 Animal Shelters/Humane Societies New Mexico Regulation & Licensing Dept./NMA C Summary of Bill or Regulation Would repeal the Animal Sheltering rules listed below: 1. General Provisions; 2. Licensure and Certification; 3. Duties of Licensees and Certificate Holders; 4. Complaints, Enforcement and Disciplinary Action; 5. Fees; and 6. Formulary for Euthanasia Technicians. 4/24/18 Euthanasia New Jersey A 3855/S 2157 Summary of Bill or Regulation 1. Specify that a person is guilty of improperly euthanizing an animal if the individual kills or causes the death of an animal by hypoxia induced by: a. Decompression; 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 Association Euthanasia Guidelines 2. Revise the law concerning the care and euthanizing of impounded animals and the impoundment of seized animals Higher Education 5/7/18 Minnesota HF 3638/SF 3671 Summary of Bill or Regulation 1. Establish a large animal veterinarian loan forgiveness program in the special revenue fund; and 2. Require 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 establish the large animal veterinarian loan forgiveness program in the special revenue fund. 3/12/18 3/21/18 Legal Issues District of Columbia (D.C.) Zoning Commissio n/n Summary of Bill or Regulation 1. Clarify that veterinary boarding hospitals are permitted by special exception in the zones to which MU-Use Groups C, D, and E apply; 5/4/18

5 5 P a g e Legislative Update - May Permit veterinary boarding hospitals and veterinary hospitals to abut existing residential uses in mixed-use buildings if certain conditions are met; and 3. Permit the boarding of domesticated dogs. New York S Hold a person liable if he or she intentionally, recklessly, or negligently causes the death of a companion animal by act or omission; and 2. Specify 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 SB 2865 Would allow a minor to bring specified malpractice actions against a veterinarian at any time up until he or she reaches the age of 21. 5/10/18 Livestock/Agricultural Texas Wisconsin Animal Health Commissio n/4 TAC 51.8 Dept of Agriculture, Trade, & Consumer Protection/ SS Summary of Bill or Regulation Would exempt a bull from Trichomoniasis testing requirements if: 1. The bull enters from a premise of origin and moves directly 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. 1. Require the installation of enhanced fencing around all populations of captive deer; and 2. Institute a ban on movement of farm-raised deer in any county that is affected by CWD. 5/11/18 5/7/18 Pet Issues Summary of Bill or Regulation Delaware SB Prohibit a person from unlawfully trading dog or cat byproducts; and 2. Exempt, for these provisions, the sale of the fur or hair which has been cut at a commercial grooming establishment, a veterinary office, or for scientific research purposes. Illinois HB Define boarding, cat breeder, dog breeder, and day care operator; 2. Prohibit a dog or cat breeder from separating a puppy or kitten from its mother until the animal is 8 weeks old; and 3. Prohibit a day care operator, dog breeder, or cat breeder from operating without obtaining a license beforehand. 5/10/18 2/14/18 House on 4/26/18

6 6 P a g e Legislative Update - May 2018 Massachusetts S 2461 Would allow the Department to establish rules for boarding kennels and dog daycare facilities. These rules would include, 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 Prohibit a pet shop from selling a dog unless the dog was obtained from: a. An Animal Control Shelter; b. An Animal Protection Shelter; c. A Dog Retailer; or d. A Qualified Breeder. 2. Prohibit 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 Prohibit local governing bodies from enacting ordinances or rules that regulate a qualified pet shop; and 2. Prescribe the powers and duties of certain local officers and officials. New Jersey S Prohibit a person from leasing a companion animal; and 2. Define lease a domestic companion animal as the transfer of ownership of a domestic companion animal contingent on the making of payments over a period of time 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. Pennsylvania SB Prohibit a pet shop-kennel from selling a dog, cat, or rabbit unless the animal was obtained from: a. An animal care facility; or b. An animal rescue organization. 2. Require a pet shop-kennel to conspicuously post where an animal came from on the animal s cage or enclosure; and 3. Require a pet shop-kennel to maintain records of where each animal originated for at least 2 years following the date of acquisition. 4/23/18 5/1/18 5/1/18 5/14/18 5/10/18 Prescription Drug Monitoring Programs/Controlled Substances Arkansas Board of Pharmacy/ Summary of Bill or Regulation 1. Specify that a pharmacist cannot dispense more of a schedule II narcotic medication than a prescriber can prescribe; and 2. Allow pharmacies transferring prescriptions to utilize facsimile or other electronic means to communicate information for

7 7 P a g e Legislative Update - May 2018 transfers with validation via phone to ensure receipt of all necessary information between both parties. Illinois SB 2341 Would define synthetic drug to include any synthetic cannabinoids or piperazines or any synthetic cathinones as provided for in Schedule I. Illinois SB 2777 Would require a registered prescriber of controlled substances, including veterinarians, to complete 3 hours of continuing education in safe opioid prescribing practices. Illinois SB Require the s Prescription Monitoring Program (PMP) to let registered users authorize other licensed or nonlicensed employees to consult the PMP if he or she has received HIPAA training; 2. Require 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. Require 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. 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 5. that the PMP Advisory Committee shall appoint an 11- member Peer Review Committee that would include one veterinarian in its membership. Maryland Dept of Agriculture/ P Would require a veterinarian to examine a patient at least once during the preceding 12-month period before renewing any prescription medication for a chronic condition. Minnesota SF 2505 Would require a prescriber, including veterinarians, to access prescription monitoring data before he or she issues a Schedule II or III controlled substance to a patient beginning January 1, However, this requirement would not apply if certain circumstances exist, such as the prescription order is for a number of doses that is intended to last the patient 5 days or less and is not subject to a refill. Minnesota SF Require a prescriber, including veterinarians, to access prescription monitoring data before issuing a patient a prescription for a Schedule II or III controlled substance; and 2. Exempt 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. 1/24/18 Senate 5/9/18 2/13/18 Senate 5/2/18 House Amended on 5/11/18 2/14/18 Senate 4/27/18 2/20/18 Amended in Committee on 4/23/18 3/21/18 Senate 4/26/18 House

8 8 P a g e Legislative Update - May 2018 New Jersey Texas Division of Consumer Affairs/50 N.J.R. 1178(b) Board of Examiners/ 22 TAC s that the Division of Consumer Affairs intends to consider evidence of marijuana s potential for abuse and accepted medical uses as set forth in the Controlled Dangerous Substances Act. 1. Remove references to Department of Public Safety controlled substance registration, which was statutorily eliminated by Senate Bill 195 on September 1, 2016; and 2. Require that a licensed veterinarian comply with all requirements of the federal Drug Enforcement Administration regarding controlled substance registration. 4/16/18 5/11/18 Scope of Practice Summary of Bill or Regulation California SB 1441 This legislation would have: 1. Prohibited a person from performing surgical claw removal 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. Louisiana HB Allow the Governor to annually review no less than 20% of the agencies engaged in regulatory and licensing activities; and 2. Require the Governor to review all such agencies within the next 5 years. Maryland Dept of Agriculture/ P Would allow a veterinarian to obtain up to 9 hours of on-line continuing education in a given licensing year. Missouri HB 1719 Would prohibit an oversight body from denying any person, 18 years or older, a professional license on the basis of age unless the license enables a person to engage in any activity associated with gaming. Montana Labor and Industry/ et seq. 1. Define occasional care to mean a veterinarian actively licensed and in good standing in another state or 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. Allow 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. Allow the Board of Medicine to accept official examination results and transcripts provided by the American Association of Boards; and 2/16/18 Failed in Committee on 4/25/18 3/28/18 House 4/9/18 Amended in the Senate on 5/9/18 4/27/18 1/3/18 House 3/15/18 4/27/18

9 9 P a g e Legislative Update - May 2018 New York A 6788/S Require 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. Would prohibit the Department from denying an applicant licensure to practice any profession on the basis of his or her citizenship or immigration status. New York S 8374 Would specify that a qualified applicant for professional licensure shall include individuals enrolled in the federal deferred action for childhood arrivals program. Oregon Oregon Oregon Oregon Examining Board/ Examining Board/ Examining Board/ Examining Board/ Redefine herd or flock animal to mean 4 or more animals of the same species managed as a group; 2. Specify that a veterinarian has the discretion to determine herd or flock status for provision of veterinary medical care and patient recordkeeping; and 3. Delete microchip implantation as a defined surgery procedure. 1. Prohibit a veterinarian from supervising from a separate clinic, unless and until such time as the supervising veterinarian reasonably concludes that an intern has 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. 1. Allow a Certified Technician (CVT) to perform dental extractions under the immediate supervision of a licensed veterinarian as long as the procedure does not 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. Would allow veterinary assistants to implant permanent identification devices under basic supervision. Rhode Island HB 8122 Would remove the verified by oath language in the veterinary licensing requirements. Texas Board of 1. Repeal current language regarding temporary veterinary licenses; Examiners/ 2. Reduce the documentation that must be submitted by 22 TAC applicants for a temporary veterinary license; and Require a licensed Texas veterinarian to agree to supervise Texas Board of Examiners/ the applicant. 1. Clarify the types of criminal activity that must be reported to the Board, as well as when it must be reported; and 2. Require the final disposition of a matter to be reported to the Board. 4/24/18 5/2/18 5/1/18 5/1/18 5/2/18 4/26/18 5/11/18 5/11/18

10 10 P a g e Legislative Update - May TAC Zoo Animals/Wildlife D.C. Energy and Environme nt/4016 Summary of Bill or Regulation 1. Classify the following acts as a Class 1 infraction: 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 Association (AVMA) Panel on Euthanasia: 2013 Edition for Free-Ranging Wildlife and Domestic Animals; and 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. Massachusetts S Prohibit a person from hunting bear or bobcat with the aid of a dog; 2. Exempt the use of a dog if waived by the Director upon written application: a. For the control of individual animals identified as posing a threat to human safety or individual animals that have destroyed livestock, property, or crops; and b. For legitimate scientific research projects that are conducted in a humane manner. Minnesota HF Prohibit a person from releasing feral swine or allowing feral swine to run at large; and 2. Prohibit a person from possessing feral swine or swine that were feral during any part of the swine's lifetime. New York A Prohibit any person from setting a leg-hold trap so that wildlife, when caught, are suspended; and 2. Allow the Department to authorize the use of live restraint cable devices in order to remove coyotes and other species. Rhode Island SB 2852 Would provide that the trapping and subsequent release of any unowned feral cat for the purpose of spaying or neutering shall not be considered abandonment if: 1. Any medical or surgical procedures performed on those cats are performed by a licensed veterinarian; 2. The cats are returned to the property where they were trapped; and 3. Cats who were trapped on private property were done so by a person who obtained the property owner s written permission, stating that they have been granted permission to enter the property for the purpose of trapping cats. 4/20/18 1/23/17 Accompany with a new draft 4/23/18 3/21/18 5/9/18