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State Legislative Update January 2019 The January 2019 issue of the State Legislative Update includes summaries of select bills and regulations tracked by the AVMA Division of State Advocacy between Dec. 15, 2018 and Jan. 15, 2019. For more information on bills and regulations, please see our full listing or contact the AVMA’s State Advocacy Division.

New Mexico pet food fees NM HB 53 would authorize a pet food fee and permit the New Mexico Department of Agriculture to collect an annual fee on each pet food registered. Ninety-six percent of the fee would be credited to a statewide spay and neuter subaccount of the Animal Care and Facility Fund. The Animal Sheltering Committee would be tasked with developing criteria for individuals, groups, animal shelters, and euthanasia agencies to receive assistance for dog and cat spaying and neutering from the Fund. The bill would require assistance from the Fund be limited to individuals (or groups that provide individuals with assistance) whose household income does not exceed 200 percent of the federal poverty level guidelines.

Treatment with medical marijuana in New York NY A 970 would amend the definition of “serious condition” to include any medical condition that a licensed veterinarian determines may benefit from treatment with medical marijuana.

Massachusetts bill would permit and cap non-economic damages at $25,000 MA SD 319 would find a person liable if they kill or injure an animal companion by a willful, wanton, or negligent act. Non-economic damages up to $25,000 would be permitted. A person would be liable in damages for the fair monetary value of the deceased animal, including damages for the loss of the reasonably expected society, companionship, comfort, protection and services of the deceased animal to his or her human companions; reasonable burial expenses of the deceased animal; court costs and attorney's fees; and other reasonable damages resulting from the willful, wanton, reckless or negligent act or omission.

New Hampshire rabies vaccine and rabies antibody titer test A rabies vaccine bill, HB 331, would allow New Hampshire veterinarians to: 1) decide how much rabies vaccine to administer; 2) vary from the vaccine dosage protocols when in the best interest of the animal; 3) administer a rabies antibody titer test to determine the need for a rabies booster vaccine. The bill would require rabies antibody titer test results to be recorded on a rabies immunity certificate, and if the initial rabies titer test is positive, the next titer would be required in three years but could be tested annually at the discretion of the licensed veterinarian.

Technician specialists, veterinary technologists, veterinary technicians

An Arkansas bill, AR HB 1124, would define "veterinary technician specialist," "veterinary technologist," and "indirect supervision" and require a veterinary technician or veterinary technologist be certified by the Veterinary Medical Examining Board. The bill would require a veterinary technician and technologist to perform veterinary technology under the “direct supervision” or “direct personal supervision” of a licensed veterinarian who is on-site and instantly available for consultation, and responsibility of the licensed veterinarian with which he or she is employed.

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In Indiana, IN SB 351 would change the title for persons registered as veterinary technicians to veterinary nurses and specify that the Board of Veterinary Medical Examiners is not required to issue certificates of registration that use the term "veterinary nurse" until the next license renewal period.

In Massachusetts, MA SD 900 would create a subsidiary board of veterinary technology under the Board of Registration of Veterinary Medicine that consists of two veterinarian members of the Board of Registration in Veterinary Medicine; four technician members appointed by the Massachusetts Veterinary Technician Association; and one public member. The subsidiary board would determine and establish the criteria and regulations by which veterinary technicians would be licensed and registered; establish the duties which supervising, Massachusetts-licensed veterinarians may assign to licensed veterinary technicians and to non-licensed veterinary assistants; and stipulate explicit differences in the duties and actions allowed for by licensed veterinary technicians and unlicensed veterinary assistants.

Equine massage therapy in Arkansas HB 1146 would require that before an individual could engage in the practice of equine massage therapy under the direction of an Arkansas licensed veterinarian, the person would be required to obtain a Board of Veterinary Medicine (Board) certificate or obtain a Board license after paying a fee not to exceed $50, submit an application and a letter of recommendation from a client who can bear witness to the person’s ability to perform equine massage therapy, and submit a copy of the individual's degree or certification in animal massage from a school or training program approved by the Board.

West Virginia bill would ban declawing procedure

WV HB 2119 would prohibit any person from intentionally, knowingly or recklessly performing an onychectomy (declawing) or flexor tendonectomy procedure on a cat or other animal and would find a person guilty of a misdemeanor and charge them with a fine of no more than $2,000 and imprisonment for no more than six months if they perform the procedure.

Animal Abuse/Cruelty

State Citation/ Link

Summary of Proposed Bill or Regulation Status

Arizona HB 2025 Would charge a person with animal cruelty if they intentionally or knowingly: 1. Subject a domestic animal to cruel mistreatment; or 2. Kill a domestic animal without either legal privilege or

consent of the domestic animal’s owner.

Introduced 1/3/19

Iowa SF 3 Would: 1. Prohibit the mistreatment of certain animals, including dogs

and cats, unless the animal is owned, confined, or controlled by a person;

2. Amend or create the following criminal offenses: a. Animal abuse in the first or second degree; b. Animal neglect in the first or second degree; c. Animal torture; d. Animal abandonment; and e. Animal endangerment.

Introduced 1/14/19

Mississippi SB 2014 Would allow a court to require the: 1. Defendant, in a domestic abuse case, to not remove, harm,

or dispose of any companion animal owned by the plaintiff; and

Introduced 1/8/19

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2. Companion animal be removed from the defendant’s

possession.

New Hampshire

HB 501 Would establish a cost of care fund to assist municipalities caring for animals during animal cruelty cases.

Introduced 1/15/19

New Hampshire

HB 605 Would charge a person with a Class B felony if they possess, transfer, or manufacture animal fighting paraphernalia with the intent to be present at, aid in, or contribute to such fighting.

Introduced 1/15/19

New Jersey A 1334/S 3294

Would: 1. Make it unlawful for a person to commit theft of a living

animal or release a living animal from the residence of the owner during an act of burglary; and

2. Charge a person with a disorderly offense subject to a fine of between $250 and $1,000, a jail term of up to six months, or both.

Introduced 1/15/19

New York A 588 Would charge a person with: 1. Second degree animal cruelty if they intentionally injure or

kill a companion animal with the intent to threaten or harass a family member who they know owns that companion animal; or

2. First degree animal cruelty if they intentionally injure or kill a companion animal, in the presence of a minor child, with the intent to threaten or harass a family member who they know owns that companion animal.

Introduced 1/9/19

New York A 663 Would charge a person with aggravated animal cruelty when, with no justifiable purpose, they intentionally kill or intentionally cause serious physical injury to wildlife, other than insects.

Introduced 1/9/19

New York A 729 Would prohibit the outdoor tethering of a dog, except when certain conditions, including the following, are met: 1. The tether must be attached to the dog with a buckle-type

collar or a body harness that is at least 1 inch thick; 2. A stationary tether is no less than 10 feet or 5 times the

length of the dog’s body, whichever is greater, and weighs less than 1/10thof the dog’s weight;

3. If the dog is tethered to a pulley or running line, it must be at least 15 feet long and less than 7 feet above the ground;

4. The dog cannot be tethered outdoors when a weather advisory or warning has been issued;

5. The tethered dog is at least 6 months old; and 6. The tethered dog is apparently free of any health condition

that would be exacerbated by tethering.

Introduced 1/9/19

New York A 757/ S 1118

Would charge a person with aggravated animal cruelty when, with no justifiable purpose, they intentionally kill or intentionally cause physical injury to a companion animal with aggravated cruelty.

Introduced 1/10/19

New York A 830 Would: 1. Prohibit a person from tethering, caging, or penning a

working or non-working dog or animal between the hours of 7 p.m. to 6 a.m.; and

2. Require an animal, between the hours of 6 a.m. and 7 p.m., be tethered to a stationary object or placed in a cage that is 4 times the dog's height and length.

Introduced 1/11/19

New York A 1157/ S 387

Would require: 1. All companion animals that are left outdoors in inclement

weather to be in a housing facility that includes some of the following: a. Is structurally sound and protect the animal from the inclement weather;

Introduced 1/14/19

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b. Is appropriate for the animal’s breed and physical condition as well as the climate; c. Has insulation appropriate to local climatic conditions; d. Has 4 connected sides and a raised roof; and e. Has a door maintained in good repair;

2. Any outdoor enclosure to be set on a solid foundation or solid ground that is well drained; and

3. Animals be provided with dry bedding and/or solid resting boards as to conserve the animal’s body heat.

New York S 935 Would amend the definition of aggravated animal cruelty to include recklessly operating a motor vehicle which results in the death or serious injury of a companion animal.

Introduced 1/9/19

New York S 1115 Would charge a person with aggravated animal cruelty if they recklessly engage in conduct which creates a grave risk of serious physical injury or death to the animal and the animal subsequently dies or is seriously injured.

Introduced 1/11/19

New York S 1116 Would charge a person with a Class D felony if they cause the death of an animal.

Introduced 1/11/19

New York S 1433 Would amend the crime of aggravated animal cruelty by removing the requirement that an animal be killed with aggravated cruelty.

Introduced 1/14/19

New York S 1526 Would require a convicted animal abuser to register their name and address with the Division of Criminal Justice Services.

Introduced 1/15/19

Rhode Island HB 5023 Would allow a family court to enter protective orders for the safety and welfare of household pets in domestic abuse situations.

Introduced 1/4/19

Rhode Island HB 5076 Would permit a court to award the plaintiff, in a domestic abuse case, custody of household pets.

Introduced 1/10/19

Texas SB 295 Would: 1. Prohibit a dog's owner from leaving the dog outside and

unattended by use of restraint unless the owner provides the dog access to: a. Adequate shelter; b. An area that allows the dog to avoid standing water; c. Shade from direct sunlight; and d. Potable water;

2. Prohibit a dog's owner from restraining a dog outside and unattended by use of restraint that: a. Is a chain; b. Has weights attached; c. Is less than 5 times the length of the dog or 10 feet; d. Is not attached to a properly fitted collar or harness; or e. Causes pain or injury to the dog.

Introduced 1/3/19

Virginia HB 2642/SB 1276

Would charge a person with a Class 6 felony if they intend to threaten, intimidate, coerce, harass, or terrorize a family or household member including companion animals.

Introduced 1/10/19

Virginia SB 1604 Would charge a person: 1. With a Class 1 misdemeanor if they:

a. Abandon an animal, whether it belongs to themselves or another person; or b. Torture an animal, willfully inflict inhumane injury or pain not connected with bona fide scientific or medical experimentation on an animal, or cruelly or unnecessarily beat or kill an animal other than a dog or cat, whether belonging to themselves or another person;

Introduced 1/9/19

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2. With a Class 6 felony if they torture, willfully inflict inhumane

injury or pain or cruelly and unnecessarily beat or kill any dog or cat.

West Virginia SB 124 Would create a felony offense for subsequent actions of cruelty to animals when a person causes bodily injury to, or serious bodily injury or death of, the animal.

Introduced 1/9/19

West Virginia SB 245 Would charge a person with felony aggravated animal cruelty if they: 1. Cause serious bodily injury to an animal; 2. Withhold any of the following which results in the serious

injury or death of an animal: a. Proper sustenance, including food or water; b. A shelter that protects from the elements of weather; or c. Medical treatment necessary to sustain normal health;

3. Fail to provide proper care to end the suffering of any animal;

4. Abandon an animal to die without proper medical care; and 5. Leave an animal unattended and confined in a motor

vehicle resulting in the death of the animal.

Introduced 1/10/19

Abuse Reporting/Civil Liability

State Citation/ Link

Summary of Proposed Bill or Regulation Status

New York A 1170 Would require a veterinarian to report suspected incidents of animal cruelty to law enforcement and disclose records concerning the companion animal's condition and treatment.

Introduced 1/14/19

Animal Diseases/Reporting

State Citation/ Link

Summary of Proposed Bill or Regulation Status

Nebraska LB 61 Would require: 1. Every young domestic animal to be vaccinated against rabies

at 3 months, revaccinated 1 year later, and given booster vaccinations at intervals consistent with the vaccine labeling;

2. The Department of Health and Human Services to adopt rules for the control and prevention of rabies that generally comply with the recommendations of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services; and

3. Any domestic animal which has bitten any person to be subject to post-incident management.

Introduced 1/10/19

New Hampshire

HB 331 Would: 1. Allow veterinarians to make decisions regarding the amount

of rabies vaccine administered and to vary from the vaccine dosage protocols when in the best interests for health of the animal, and administer a rabies antibody titer test to determine the need for a rabies booster vaccine;

2. Require the results of the rabies antibody titer test to be recorded on a rabies immunity certificate; and

3. Specify that after the initial rabies titer which has a level that will prove positive, the next titer shall be required in 3 years, but may be tested annually at the discretion of the licensed veterinarian.

Introduced 12/31/18

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New Hampshire

HB 426 Would establish a committee that studies allowing town clerks to accept proof of certain rabies vaccine exemptions to register dogs.

Introduced 1/8/19

South Carolina

S 306 Would: 1. Allow a licensed veterinarian to administer a rabies antibody

titer to determine whether to administer a rabies booster vaccine to a pet; and

2. Require a titer, that shows an adequate immune response, be accepted in lieu of a rabies booster vaccination for all legal requirements.

Introduced 1/8/19

Animal Control / Law Enforcement

State Citation/ Link

Summary of Proposed Bill or Regulation Status

New York A 634 Would: 1. Require a person convicted of animal cruelty to forfeit their

animals to local law enforcement or a duly unincorporated humane society if ordered to do so by a court;

2. Allow a court to order a convicted person be banned from owning any other animals for a reasonable period;

3. Prohibit any forfeited cat or dog from being transferred to any person for research or testing purposes; and

4. Create new statutory offenses against animals including: a. Promoting animal fighting in the first or second degree; b. Animal cruelty in the first or second degree; and c. Animal abduction in the first, second, and third degree.

Introduced 1/9/19

New York A 1066 Would require all state and local police officers who handle police detection dogs to be trained in the canine administration of opioid antagonists intranasally, intravenously, or intramuscularly.

Introduced 1/14/19

New York A 1206 Would establish and implement training programs for dog control officers.

Introduced 1/14/19

North Dakota SB 2177 Would require: 1. A law enforcement officer to provide a copy of an animal

seizure request to the Chief Brand Inspector if they seize a bovine animal, horse, or mule;

2. The Chief Brand Inspector to conduct an ownership disposition inspection of the seized animal;

3. The animal’s owner to be given a court hearing at any time before a court makes a final ruling.

Introduced 1/8/19

Virginia HB 2307 / SB 1675

Would: 1. Charge a person with a Class 5 felony if they kill or injure

police animals; and 2. Impose a mandatory minimum term of imprisonment of 6

months against a convicted person.

Introduced 1/8/19

West Virginia HB 2185 Would: 1. Prohibit a person from leaving an animal unattended and

confined in a motor vehicle when physical injury to, or death of, the animal is likely to result; and

Introduced 1/9/19

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2. Provide law enforcement agents with civil and criminal

immunity when they retrieve an animal from a motor vehicle.

West Virginia SB 35 Would provide a person with civil liability immunity for damages to an owner's motor vehicle when removing a domesticated animal from the locked and/or unattended motor vehicle if: 1. The person has a good faith belief that the confined

domesticated animal is in imminent danger of suffering physical injury or death unless it is removed from the motor vehicle;

2. The person determines that the motor vehicle is locked or there is no reasonable way the person can remove the domesticated animal from the vehicle;

3. The person does not use more force than is necessary under the circumstances to enter the motor vehicle and remove the domesticated animal from the vehicle;

4. The person remains with the domesticated animal in a safe location, but within the proximity of the motor vehicle until emergency responders arrive; and

5. The person immediately turns the domesticated animal over to a law enforcement officer or licensed veterinarian.

Introduced 1/9/19

Animal Shelters/Humane Societies

State Citation/ Link

Summary of Proposed Bill or Regulation Status

California SB 64 Would prohibit an animal control agency or humane society from releasing a dog or cat to an owner seeking to reclaim, adopt, or give away the animal to a new owner unless the animal is microchipped.

Introduced 1/7/19

New Mexico HB 53 Would: 1. Allow that the Department of Agriculture to collect an annual

fee on each pet food registered. Ninety-six percent of the fee would be credited to the statewide spay and neuter subaccount of the Animal Care and Facility Fund.

2. Specify that the Animal Sheltering Committee develop criteria for individuals, groups, animal shelters, and euthanasia agencies to receive assistance for dog and cat spaying and neutering from the animal care and facility fund; and

3. Require assistance only be given to individuals who have, or to groups that only help service recipients who have, a household income that does not exceed 200% of the federal poverty level guidelines.

Introduced 12/17/18

Assistance/Service Animals

State Citation/ Link

Summary of Proposed Bill or Regulation Status

California AB 169 Would: 1. Make it a crime for a person to permit their dog to cause

injury to, or the death of, a guide, signal, or service dog; and 2. Require a person convicted of this crime to make restitution

to the service dog’s owner for: a. Any veterinary bills; b. Replacement costs of the dog if it is disabled or killed;

Introduced 1/9/19

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c. Medical or medical-related expenses of the person with

a disability; d. Loss of wages or income of the person with a disability;

or e. Other reasonable costs deemed appropriate by the

court.

Iowa SF 63 Would: 1. Require a residential landlord to waive leave restriction and

additional pet fees for a disabled person's assistance or service animal;

2. Create a process for a patient or client to request the assistance of a licensed professional in finding that the patient has a disability and requires an assistance or service animal as a reasonable housing accommodation; and

3. Prohibit a licensed professional from making this accommodation determination unless all of the following circumstances are present: a. The licensee has met with the patient or client in person

or by telemedicine, b. The licensee is sufficiently familiar with the patient or the

client and the disability, and c. The licensee is legally and professionally qualified to

make the finding.

Introduced 1/16/19

Missouri HB 559 Would: 1. Guarantee the right to utilize working animals for the mutual

benefit and welfare of the animals and those they serve; and 2. Prohibit a local governing body from banning the use of

working animals or animal enterprise in commerce, service, or ranching including, but not limited to, entertainment, transportation, education, or exhibition.

Introduced 1/14/19

New York A 678

Would require social services officials to provide the following assistance to an eligible disabled person that uses a guide, hearing, or service dog: 1. Federal Supplemental Security Income Benefits; 2. Supplemental Nutrition Assistance Program Benefits; 3. Medical Assistance for needy persons; and 4. Additional state payments for the purchase of food and the

cost of the dog's veterinarian expenses.

Introduced 1/9/19

New York A 1073 Would: 1. Allow guide dogs, hearing dogs, and service dogs n public

places during their training and socialization process; and 2. Require such dogs to wear an identifying item stating that it

is in training and that the trainer has paperwork available for inspection that such dog is being trained or socialized.

Introduced 1/14/19

New York A 1344 Would provide that guide, hearing, and service dogs can accompany a disabled person in all public places and places of public accommodation.

Introduced 1/15/19

South Carolina

H 3459 Would charge a person with the crime of intentional misrepresentation of a service animal if they: 1. Intentionally misrepresent an animal as the person's service

animal or service-animal-in-training for the purposes of obtaining any of the rights or privileges granted to individuals with any disability; and

2. Know the animal is not a service animal or a service-animal-in-training.

Introduced 1/8/19

Breed Specific/Dangerous Dogs Legislation

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State Citation/ Link

Summary of Proposed Bill or Regulation Status

Massachusetts SD 976 Would prohibit an insurance company from refusing, canceling, or charging an increased premium on a homeowner’s insurance coverage or renters insurance policy if the applicant possesses any specific breed or breeds of dog.

Introduced 1/16/19

Michigan HB 4035 Would: 1. Prohibit a local governing body from enacting a rule that

regulates a dog based upon its breed or perceived breed; and

2. Allow a local governing body to enact a rule that places restrictions or imposes additional requirements on dogs or dog owners.

Introduced 1/15/19

New York A 723 Would prohibit insurers from refusing to issue or renew, cancel, or charge an increased premium for homeowners' insurance policies based on the breed of a dog owned.

Introduced 1/9/19

New York A 1025/ S 239

Would prohibit insurers from canceling a homeowner's liability insurance or renter’s insurance policy based on the ownership of a specific breed of dog.

Introduced 1/14/19

New York S 122 Would: 1. Find a dog owner liable for all injuries and damages suffered

by a person that is bitten by a dog while in a public or private place regardless of the former viciousness of a dog or an owner’s knowledge of such viciousness; and

2. Allow a judge to order the humane euthanasia or permanent confinement of a dog that caused injury to a person, companion animal, farm animal, or domestic animal.

Introduced 1/9/19

Euthanasia

State Citation/ Link

Summary of Proposed Bill or Regulation Status

New York A 1241 Would prohibit a slaughterhouse, stockyard, or dealer from: 1. Buying or selling a downed animal for human consumption; 2. Holding a downed animal without taking immediate action to

humanely euthanize or remove the animal for veterinary treatment; or

3. Dragging or pushing a downed animal at any time.

Introduced 1/14/19

New York S 1555 Would require: 1. Informed consent of the owner of a companion animal prior to

euthanizing the animal; and 2. The veterinarian that performs the procedure to explain to the

animal’s owner in a truthful manner the: a. Various methods which can be used to humanely euthanize the companion animal; b. Benefits and risks of each method; c. Negative impacts upon the animal of each method; d. Alternative method of humane euthanasia to be used if the preferred method cannot be humanely used; and e. Fully answer any questions that the animal’s owner has with regard to euthanizing the owner’s pet.

Introduced 1/15/19

Oregon SB 71 Would allow the use of sedative and analgesic medications when euthanizing animals.

Introduced 1/14/19

Equines/Racing Animals

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State Citation/ Link

Summary of Proposed Bill or Regulation Status

New Mexico HB 218 Would: 1. Define "equine" to mean a horse, pony, mule, donkey or

hinny; and 2. Require the Director of the New Mexico livestock board

provide notice for an equine estray that: a. States when and where the equine was impounded; and b. A registered equine rescue or retirement facility shall be given the right of first refusal to purchase the equine unless the equine is claimed by the legal owner within 5 days.

Introduced 1/11/19

New York A 759 Would create: 1. An equine industry webpage to provide the following

information to the public: a. Department programs relevant to the equine industry; b. Horse Diseases; c. Regulations relevant to the equine industry; d. Statistics on the equine industry; e. Funding opportunities; and f. A link to the farm fresh directory;

2. The New York Grazing Program.

Introduced 1/10/19

New York A 894 Would create the Responsible Retirement of Racehorses Fund to support responsible horse retirement of thoroughbreds and standardbreds in New York State.

Introduced 1/14/19

New York A 1002 Would make it unlawful for a person to offer public rides on a vehicle drawn or pulled by a carriage horse.

Introduced 1/14/19

New York A 1102/ S 1497

Would prohibit a person from: 1. Slaughtering a horse if they know (or have reason to know)

that the horse will be used for human consumption; and 2. Selling, transporting, or receiving horseflesh if they know (or

should know) that such horseflesh is intended for human consumption.

Introduced 1/14/19

New York A 1218 Would establish: 1. Educational material regarding the responsible and humane

retirement of horses which would be distributed by equine veterinarians in the state; and

2. An online training course to be administered to owners and trainers detailing the responsibilities of owners and trainers, including the responsible and humane retirement of race horses.

Introduced 1/14/19

Licensure

State Citation/ Link

Summary of Proposed Bill or Regulation Status

Connecticut SB 9 Would reduce all existing fees for initial occupational licenses, certifications and registrations by 75% and increase existing fees for renewals of such licenses, certifications and registrations to account for the lost revenue.

Introduced 1/9/19

Indiana SB 213 Would remove prior language that allowed a licensing board, including the Board of Veterinary Medicine, to suspend, deny, or revoke a professional license if a licensee had been found guilty of possessing marijuana, hash oil, hashish, or salvia.

Introduced 1/3/19

Indiana SB 576 Would: 1. Eliminate the professional licensing agency;

Introduced 1/14/19

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2. Establish the health professions licensing agency (HPLA)

within the State Department of Health to license health professions, including veterinarians; and

3. Require the State Health Commissioner to appoint the director and deputy directors of the HPLA.

Mississippi SB 2101 Would: 1. Prohibit a person from acting as a pet dealer or kennel

operator unless they have a valid license; 2. Specify that these licenses shall be issued for a period of 1

year and shall be renewed annually; and 3. Require a license to be prominently displayed at each place

of business of a pet dealer and at each kennel, stable, and animal shelter.

Introduced 1/11/19

Missouri HB 472/ HB 564/ SB 251

Would: 1. Prohibit a person from being denied a professional license

because of a prior criminal conviction, unless the criminal conviction relates directly to the duties and responsibilities for the licensed occupation beginning Jan. 2020;

2. Require a state licensing authority to revise its existing licensing requirement to explicitly list the specific criminal convictions that could disqualify an applicant before Jan. 1, 2020;

3. Require a licensing authority to use a clear and convincing standard of proof when making a licensing determination and base the determination on the following factors: a. The nature and seriousness of the crime for which the individual was convicted; b. The passage of time since the commission of the crime; c. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation; and d. Any evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation.

Introduced 1/9/19

Nebraska LB 112 Would waive certain licensing fees for low-income individuals, military families, and young workers.

Introduced 1/10/19

New Hampshire

HB 313 Would establish a committee to study the authority and duties of the Board of Veterinary Medicine as well as study the authorization and license requirements for corporate-owned veterinary hospitals.

Introduced 12/31/18

New York A 1184 Would require all licensees, including veterinarians, to report: 1. Criminal convictions in any jurisdiction within 30 days after a

conviction is entered; 2. Professional misconduct determination in any jurisdiction

within 30 days after an individual receives the determination; and

3. Adverse employment action in any jurisdiction within 30 days after an individual receives notification of the imposition.

Introduced 1/14/19

New York S 1704 Would permit individuals enrolled in the Federal Deferred Action for Childhood Arrivals Program to apply for professional licenses if they meet all additional requirements.

Introduced 1/15/19

Oregon Veterinary Medical Examining Board/875-030-0010

Would require a veterinary technician to do the following in order to obtain certification:

1. Have been actively licensed or registered in good standing as a veterinary technician in another state for at least 4 years within the last 8 years of application; and

Proposed 1/8/19

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2. Work as a licensed veterinary technician or instructor of

veterinary technology for at least 4 years within the last 8 years of application.

Texas SB 296 Stipulates that student loan default or breach of a student loan repayment or scholarship contract by an employee of the State of Texas is grounds for nonrenewal or other disciplinary action in relation to a professional or occupational license: 1. License means a certificate or similar form of permission

issued or renewed by a licensing agency and required by law to engage in a profession or occupation;

2. Licensee means a person to whom a licensing agency issues a license; and

3. Licensing agency means a board, commission, department, or other agency in the executive branch of state government that issues or renews a license.

Introduced 1/3/19

Utah HB 90 Would allow an individual, with a criminal conviction, to apply to the Division of Occupational and Professional Licensing for a determination of whether the past criminal history would disqualify the individual from receiving a specific occupational or professional license.

Introduced 1/9/19

Vermont H 16 Would require the Secretary of State to maintain an inventory of the State boards and commissions and update the information when changes are made that affect the information provided in the inventory.

Introduced 1/11/19

Wyoming SF 47 Would require a veterinarian to biannually complete 3 hours of continuing education on the topic of responsible prescribing of controlled substances.

Introduced 12/28/18

Legal Issues

State Citation/ Link

Summary of Proposed Bill or Regulation Status

California AB 193 Would require the Department of Consumer Affairs to: 1. Conduct a comprehensive review of all occupational

licensing requirements and identify unnecessary licensing requirements that cannot be adequately justified beginning on Jan. 1, 2021;

2. Report to the Legislature on Jan. 1, 2023, and every 2 years thereafter, on the Department’s progress, and

3. Issue a final report to the Legislature no later than Jan. 1, 2033.

Introduced 1/10/19

Indiana SB 384 Would: 1. Require a designated small business ombudsman to review

any proposed rule that imposes an occupational regulation on a person;

2. Require the ombudsman to approve or deny the occupational regulation after determining if the least restrictive regulation is used; and

3. Establish guidelines to analyze an occupational regulation to determine if it is the least restrictive regulation.

Introduced 1/14/19

Massachusetts SD 319 Would: 1. Cap non-economic damages at $25,000. 2. Find a person liable if they kill or injure an animal companion

by willful, wanton, or negligent act; 3. Specify that a person is liable in damages for the fair

monetary value of the deceased animal to their human companions, including damages:

Introduced 1/11/19

13 | P a g e State Legislative Update –January 2019

a. For the loss of the reasonably expected society, companionship, comfort, protection and services of the deceased animal to their human companions, b. Reasonable burial expenses of the deceased animal, c. Court costs and attorney's fees, and d. Other reasonable damages resulting from the willful, wanton, reckless or negligent act or omission.

Massachusetts SD 668 Would require the Health Policy Commission to conduct a review and evaluation of the scope of practice proposal including: 1. An assessment of any public health and safety benefits or

risks that may be associated with the request; 2. Whether the request may enhance equitable access to

health care services; 3. An assessment of relevant scope of practice standards and

legal restrictions, both in the commonwealth and in other states, including whether the request appropriately enhances the ability of a profession to practice to the accepted level of the profession's education and training under current standards;

4. Availability of applicable education and training programs; 5. Availability of sufficiently trained providers to deliver the

subject health care services; and 6. Existence or necessity of appropriate safeguards in other

statutes or the legislation.

Introduced 1/15/19

Mississippi HB 375 Would require that all licensing rules automatically repeal on Dec. 31 of the rule’s fifth year or on Dec. 31, 2024, whichever is appropriate, unless the rule has been readopted at least 60 days before its scheduled repeal.

Introduced 1/14/19

New York A 1113 Would: 1. Establish a tort cause of action for the wrongful injury or

death of a companion animal; 2. Allow an animal owner to obtain compensatory and punitive

damages as well as injunctive relief; and 3. Specify that there will be a 3-year statute of limitations

starting after the action took place.

Introduced 1/14/19

Oregon HB 2500 Would: 1. Give a private right of action against another person when

they provide for an animal’s veterinary care to address the effects of abuse; and

2. Allow a court to award the prevailing party with compensatory damages for all incurred expenses deemed necessary by a treating veterinarian, plus costs and reasonable attorney fees.

Introduced 1/14/19

South Carolina S 330 Would require the Department of Labor, Licensing, and Regulation (“Department”) to biennially conduct a formal review of all regulations that it has promulgated and identify those regulations that the Department: 1. Intends to begin the process of repeal; 2. Intends to begin the process of amendment; and 3. Finds no repeal or amendment is required.

Introduced 1/8/19

Livestock/Agricultural

State Citation/ Link

Summary of Proposed Bill or Regulation Status

14 | P a g e State Legislative Update –January 2019

Indiana HB 1414 Would specify that a food product is misbranded and cannot be

sold if the product: 1. Is not derived from harvested livestock or poultry but the

labeling of the product states or implies that the product is a meat product or poultry product; or

2. Consists partially or entirely of tissue cultured in vitro from animal cells and the labeling of the product does not clearly state that the product contains tissue cultured in vitro from animal cells.

Introduced 1/14/19

Indiana SB 489 Would: 1. Establish the State Board of Animal Health; and 2. Prohibit an individual or entity from inspecting grounds or

facilities that are located in Indiana and used for: a. The production of eggs; b. The production of milk or other dairy products; c. The raising of livestock or poultry; or d. The production or raising of dogs or other animals that are not used to produce food products.

Introduced 1/14/19

Mississippi HB 417 Would prohibit a local governing body from: 1. Regulating certain practices involved in the production of

agricultural or farm products on any private property; and 2. Requiring any permit for the growing or raising of food crops

or chickens, rabbits or milk goats in home gardens, coops, or pens on private residential property or in community or cooperative gardens when those products are used for noncommercial purposes.

Introduced 1/14/19

Mississippi HB 431 Would require covered commodities, including beef, lamb, and pork, to provide consumers with information about the country of origin and country of processing.

Introduced 1/14/19

Mississippi SB 2157 Would require the Department of Wildlife to issue metallic tags to each permittee that must be affixed to each wild hog’s ear being transported.

Introduced 1/14/19

Montana HB 132 Would amend the definition of "wild buffalo or bison" or "wild buffalo" to mean a bison that has not been reduced to captivity, has never been subject to the per capita fee, and is not owned by a person.

Introduced 1/9/19

Nebraska LB 14 Would prohibit a person from advertising or selling meat in any misleading or deceptive ways including misrepresenting a product as meat that is not derived from livestock or poultry.

Introduced 1/10/19

New Hampshire

HB 151 Would allow a farm to raise livestock, with no intent to sell such livestock, and still be considered within the definition of agriculture.

Introduced 12/27/18

New York A 752/ A 800/ S 657

Would: 1. Prohibit a person from tethering or confining any farm

covered animal for a majority of the day in a manner that prevents an animal from lying down, standing up, fully extending its limbs, and turning around freely; and

2. Exempt the following lawful activities from this prohibition: a. Transportation; b. Exhibitions; c. Slaughtering process; d. Scientific or agricultural research; e. Examination, testing, or treatment for veterinary purposes; or f. To a pig during the 7-day period prior to the pig's expected date of giving birth.

Introduced 1/10/19

15 | P a g e State Legislative Update –January 2019

New York A 772 Would prohibit a person convicted of animal cruelty from

receiving any money generated from the sale of farm animals which were the basis of the conviction.

Introduced 1/3/19

North Dakota HB 1134 Would exempt a person from registering with the Agriculture Commissioner if they: 1. Produce pet food in a kitchen designed and intended for use

by the residents of a residential dwelling; 2. Sell the pet food directly to the end consumer at a

community event or farmer's market; and 3. Do not use meat as an ingredient in the product.

Introduced 1/14/19

North Dakota HB 1146 Would include rabbits in the definition of an animal for meat inspection purposes.

Introduced 1/3/19

North Dakota HB 1166 Would amend the definition of a brand to: 1. Mean an identifying imprint placed on livestock by use of a

hot branding iron or a freeze branding technique; and 2. Remove previous language related to branding equines.

Introduced 1/3/19

North Dakota HB 1400 Would: 1. Prohibit a person from advertising, selling, or

misrepresenting non-meat as a meat food product; 2. Define "non-meat" to include laboratory produced, or

cultured, cell masses grown from bovinae tissue intended for human consumption; and

3. Specify that a "non-meat product": a. May not be packaged in the same, or deceptively similar, packaging as a meat food product; b. Must be labeled as a cultured food product; and c. May not contain the word "beef" on the label.

Introduced 1/11/19

Virginia HB 2689 Would amend the definition of "livestock" to include animals of the genus Lama or Vicugna.

Introduced 1/14/19

Virginia Board of Agriculture and Consumer Services/2VAC 5-141

Would: 1. Define a Certificate of Veterinary Inspection to mean an

official document certifying the inspection of an animal that is completed and signed by:

a. An accredited veterinarian who is approved by the animal health official of the animal's state of origin;

b. A veterinarian in the employ of the animal's state of origin; or

c. A veterinarian in the employ of the Veterinary Services Division, Animal and Plant Health Inspection Service, U.S. Department of Agriculture;

2. Prohibit the importation of an agricultural animal, pet animal, primate, or other animal or bird of any species without obtaining a permit, unless exempted by the State Veterinarian; and

3. Require all agricultural animals, pet animals, primates, and any other animal or bird of any species to be accompanied by a Certificate of Veterinary Inspection when imported into Virginia, unless exempted.

Proposed 12/24/18

Pet Issues

State Citation/ Link

Summary of Proposed Bill or Regulation Status

Connecticut HB 5246 Would prohibit the sale of dogs, cats, and rabbits at pet shops. Introduced 1/14/19

16 | P a g e State Legislative Update –January 2019

Indiana SB 474 Would allow a parole board to prohibit a convicted animal

abuser from owning, harboring, or training a companion animal as a condition of his or her parole.

Introduced 1/14/19

Indiana SB 475 Would prohibit rental purchase agreements involving companion animals.

Introduced 1/14/19

Massachusetts SD 502 Would establish a commission to investigate and study the following pet fees: 1. Current use of monthly pet fees by landlords of all types,

including what additional pet services or amenities are provided in exchange for pet fees;

2. Proportionality of pet fees to actual average pet damage to rental property;

3. Extent to which pet fees encourage landlords to accept pets; 4. Extent to which pet fees discourage pet ownership,

especially among older residents; 5. Whether pet fees ought to be subject to greater regulation;

and 6. Advisability of allowing a landlord to collect a pet security

deposit.

Introduced 1/14/19

Massachusetts SD 587 Would: 1. Require a research institution to offer a dog or cat for

adoption before the animal is euthanized for any purpose other than scientific, medical, or educational research; and

2. Exempt research institutions from this adoption requirement if the dog or cat: a. Manifests a behavioral or temperamental defect that poses a risk to the health and safety of the public; or b. Manifests symptoms of a disease, injury, a congenital or hereditary condition that adversely affects, or is likely to adversely affect, the health of the dog or cat.

Introduced 1/14/19

New Hampshire

HB 371 Would add cats to the definition of a commercial kennel. Introduced 1/7/19

New Jersey A 2317/ S 3295

Would require kennels and veterinary facilities to: 1. Provide direct supervision of any indoor or outdoor common

play area whenever 2 or more dogs are present in that area at the same time;

2. Keep a record of each time a dog is released from or returned to its cage or enclosure, which must be maintained for at least 1 year, and made available upon request to the dog’s owner and relevant governmental authorities;

3. Develop and implement a training program for all employees of the kennel or veterinary facility who handle or provide care for dogs or who supervise staff handling or providing such care; and

4. Post a sign in a conspicuous location near the entrance to the kennel or veterinary facility indicating that the facility is required to comply with the supervision, record keeping, and employee training requirements of this bill.

Introduced 1/15/19

New Jersey A 4840/ S 3322

Would: 1. Authorize a court to appoint an advocate in certain criminal

cases that affect the welfare or care of a cat or dog; and 2. Allow the advocate to:

a. Monitor the case; b. Attend hearings; c. Consult any individual with information relating to the welfare or care of the cat or dog; d. Review records relating to the condition of the cat or dog

Introduced 1/15/19

17 | P a g e State Legislative Update –January 2019

and the defendant’s actions; and e. Present information or recommendations to the court that relate to the best interests of the animal.

New York A 737 Would exempt a pet dealer from dog licensing requirements if the dealer: 1. Is a person, firm, or corporation engaged in the business of

breeding or raising dogs for profit and licensed as a Class A dealer under the Federal Animal Welfare Act; and

2. Sells dogs exclusively to USDA registered research facilities or research facilities with a public health services approved animal welfare assurance from the Office of Laboratory Animal Welfare at the National Institute of Health.

Introduced 1/9/19

New York A 767/ S 1251

Would: 1. Allow the plaintiff in a domestic abuse case to take custody

of the plaintiff or defendant's companion animal by court order; and

2. Prevent the defendant from seeing and/or taking the companion animal away to conceal, harm, or otherwise dispose of the animal.

Introduced 1/9/19

New York A 987 Would prohibit a person convicted of "Buster's Law" from owning or possessing a companion animal unless authorized by court order after they complete appropriate psychiatric or psychological testing.

Introduced 1/14/19

New York A 1097 Would require a court to consider the best interest of a companion animal when awarding possession in a divorce or separation proceeding.

Introduced 1/14/19

New York A 1153 Would: 1. Prohibit a person 62 years of age or older from being denied

residential occupancy or being evicted from a dwelling solely because the person owns or keeps a common household pet;

2. Allow a property owner to establish reasonable rules for the care and handling of common household pets such as requiring: a. Pets to be restrained on leashes or in carriers in the custody and care of a responsible human companion in all common areas; b. The disposal of animal wastes in a reasonable manner; c. The use of reasonably designated elevators when accompanied by pets; and d. Compliance with applicable state and local health, animal control, and animal anti-cruelty laws.

Introduced 1/14/19

New York S 1449 Would: 1. Require a 12% surcharge to be levied whenever a pet

dealer sells an animal; 2. Specify that this surcharge amount will be based on the total

price of the animal and any ancillary products sold on the same day the animal was purchased; and

3. Specify that this mandatory surcharge must be paid into the New York Animal Shelter and Wildlife Rehabilitator Account via the State Comptroller's Office.

Introduced 1/14/19

Oregon HB 2683 Would prohibit a landlord from increasing rent or charging a tenant a one-time, monthly, or other periodic amount based on the tenant’s possession of a pet.

Introduced 1/14/19

Oregon SB 466 Would create the Task Force on Assistance and Companion Animal Standards.

Introduced 1/14/19

18 | P a g e State Legislative Update –January 2019

Rhode Island HB 5062 Would specify that it is not abandonment if a person traps

unowned feral or free-roaming cats, spays or neuters the cats, and subsequently releases the cats, provided: 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. If the cats were trapped on private property, the person

entering the property has written permission from a person with authority to give such permission stating that they have been granted permission to enter the property to trap cats.

Introduced 1/10/19

Rhode Island HB 5072 Would: 1. Prohibit a pet shop from selling a dog or cat unless the

animal came from an animal shelter, dog pound, or animal rescue;

2. Require a pet shop maintain sufficient records to document the source of each dog or cat it obtains for at least 2 years following the animal's date of acquisition; and

3. Prohibit a person from selling, exchanging, or displaying any dog or cat on any roadside, public right-of-way, parkway, median, park, or outdoor market.

Introduced 1/10/19

Virginia SB 1462 Would make the following offenses a prohibited practice under the Virginia Consumer Protection Act: 1. Misrepresenting an animal's condition; 2. A pet shop's failure to post information about dogs in a clear

and conspicuous place; 3. Failure to provide consumer remedies for receipt of a

diseased animal upon a veterinary certification; 4. Failure to provide written notice of consumer remedies

required to be supplied by pet dealers; and 5. Failure to provide written notice of consumer remedies

required to be supplied by boarding establishments.

Introduced 1/8/19

Prescription Drug Monitoring Program/Controlled Substances

State Citation/ Link

Summary of Proposed Bill or Regulation Status

Colorado HB 19-1009 Would create the Board of Governors of the Opioid Crisis Recovery Fund and include a licensed veterinarian in the Board’s membership composition.

Introduced 1/4/19

Florida HB 287 Would: 1. Prohibit a pharmacist or practitioner, including veterinarians,

from dispensing a newly-prescribed Schedule II prescription opioid unless the prescription bottle or container has a warning sticker that warns users concerning the addictive nature of opioids and the risks of overdoses; and

2. Require that the warning sticker be red with text large enough to be legible and placed on the cap of the bottle in which the opioid is dispensed

Introduced 1/15/19

Illinois HB 163 Would require prescription monitoring program information be transmitted: 1. No later than the end of the business day on which a

controlled substance is dispensed; or 2. At such other time as required by the Department of Human

Services.

Introduced 1/9/19

Indiana HB 1294 Would allow a practitioner’s board to discipline the practitioner, including veterinarians, when there is a complaint or notice of

Introduced 1/10/19

19 | P a g e State Legislative Update –January 2019

violation for a practitioner who fails to query the INSPECT program data base before prescribing a controlled substance or benzodiazepine.

Indiana HB 1295 Would: 1. Specify that a veterinarian may issue an opioid prescription

only if the prescription is for an animal and does not exceed a 7-day supply; and

2. Allow a veterinarian who is treating an animal to obtain, from the prescription drug monitoring database, information about: a. The animal’s owner; or b. The individual to whom an opioid or benzodiazepine will

be dispensed for the animal.

Introduced 1/14/19

Indiana HB 1385 Would specify that any state agency that adopts industrial hemp rules to comply with the following principles in the adoption of rules: 1. Hemp-derived cannabinoids are not considered controlled

substances or adulterated products; 2. Products containing any hemp derived cannabinoids that

are intended for human or animal ingestion are considered foods, not controlled substances or adulterated foods; and

3. Packaging and labeling of products containing a hemp derived cannabinoid intended for human or animal ingestion must conform to the statutory requirements.

Introduced 1/14/19

Massachusetts SD 143 Would specify that only licensed veterinarians, dentists, nurses, physicians, or a student acting under the supervision of said licensed person can administer Schedule II-VI controlled substances.

Introduced 1/9/19

Mississippi HB 468 Would prohibit a veterinarian from prescribing more than 75 units of oxycontin (oxycodone), per prescription, unless the patient is admitted to a hospital.

Introduced 1/14/19

New Hampshire

HB 284 Would require practitioners, including veterinarians, to conduct biennial controlled substance inventories every odd-numbered year.

Introduced 12/28/18

New York A 970 Would amend the definition of “serious condition” to include any medical condition that a licensed veterinarian determines may benefit from treatment with medical marijuana.

Introduced 1/14/19

Virginia SB 1653 Would exempt the dispensing of controlled substances from the prescription monitoring reporting requirement if a veterinarian dispenses the substance within the usual course of their professional practice for a course of treatment to last 14 days or less.

Introduced 1/9/19

Wyoming SF 46 Would prohibit a practitioner, including veterinarians, from prescribing any opioid for acute pain to a first-time user for more than a 14-day supply in a 14-day period.

Introduced 12/28/18

Wyoming SF 47 Would require a veterinarian to biannually complete 3 hours of continuing education on the topic of responsible prescribing of controlled substances

Introduced 12/28/18

Prescriptions-General

State Citation/ Link

Summary of Proposed Bill or Regulation Status

Colorado SB 19-005 Would create the "Colorado Wholesale Importation of Prescription Drugs Act" that:

Introduced 1/4/19

20 | P a g e State Legislative Update –January 2019

1. Allows the Department of Health Care Policy and Financing

to design a program for the importation of Canadian prescription pharmaceutical products into the State of Colorado; and

2. Ensures both drug safety and cost savings for Colorado consumers when they purchase these pharmaceutical products.

Idaho H 10 Would allow: 1. Licensed practitioners, including veterinarians, and their

agents or employees to deliver and administer prescription drugs to their patients in the practice of their respective professions; and

2. Multistate licensees to engage in the practice of pharmacy if he or she is permitted to engage in the multistate practice of pharmacy in or into Idaho.

Introduced 1/14/19

Illinois HB 349 Would: 1. Create the Drug and Sharps Waste Stewardship Act; 2. Require covered entities to provide lists of covered and not

covered products to the State Board of Pharmacy and to implement stewardship plans; and

3. Exempt drugs that are used for animal medicines, including parasiticide products for animals, from the definition of a covered drug.

Introduced 1/14/19

Indiana HB 1228 Would require the State Department of Health to conduct a study concerning a state prescription drug importation program through which the state would import certain prescription drugs, including insulin, from Canada for Indiana consumers.

Introduced 1/10/19

Indiana SB 133 Would prohibit a person from selling a legend drug unless the following information is affixed to the immediate container in which the drug is delivered: 1. Name, address, and phone number of the establishment

from which the drug was dispensed; 2. Date on which the prescription for the drug was filled; 3. Number of the prescription as filed in the prescription files of

the pharmacist who filled the prescription; 4. Name of the practitioner who prescribed the drug; 5. Name of the patient, or if the drug was prescribed for an

animal, a statement of the species of the animal; 6. Directions for the use of the drug as contained in the

prescription; and 7. If the drug contains or is derived from opium, a statement

that the drug is an opioid.

Introduced 1/3/19

Oregon HB 2065 Would: 1. Direct each manufacturer of covered drugs that are sold

within Oregon to participate in drug take-back program for purpose of collecting from these drugs for disposal;

2. Include drugs intended to be used by a licensed veterinarian within the definition of a covered drug; and

3. Exempt pet pesticide products from this definition.

Introduced 1/14/19

Oregon HB 2658 Would require a prescription drug manufacturer to report a planned prescription drug price increase to the Department of Consumer and Business Services at least 60 days before the increase goes into effect.

Introduced 1/14/19

Oregon HB 2696 Would establish the Drug Cost Review Commission to determine excess costs for certain prescription drugs and to set maximum payment rates for certain prescription drugs sold in this state by suppliers other than manufacturers.

Introduced 1/14/19

21 | P a g e State Legislative Update –January 2019

Oregon SB 409 Would:

1. Direct the State Board of Pharmacy to develop programs that allow for the wholesale importation of prescription drugs into Oregon; and

2. Require the Board to report to an interim committee of the Legislative Assembly, no later than June 30, 2020, on the final state of the wholesale importation program design.

Introduced 1/14/19

Scope of Practice

State Citation/ Link

Summary of Proposed Bill or Regulation Status

Arkansas HB 1124 Would: 1. Define what it means to be a "veterinary technician

specialist" or a "veterinary technologist"; 2. Add the definition of "indirect supervision"; 3. Require a veterinary technician or veterinary technologist to

be certified by the Veterinary Medical Examining Board; and 4. Require a veterinary technician to technologist to perform

veterinary technology under the direct supervision and responsibility of the licensed veterinarian with which he or she is employed.

Introduced 1/10/19

Arkansas HB 1146 Would require a person to do the following before engaging in the practice of equine massage therapy: 1. Obtain a Board of Veterinary Medicine (Board) certificate to

practice equine massage therapy under the direction of a licensed veterinarian; or

2. Obtain a Board license after submitting: a. An application for a license; b. An application fee not to exceed $50; c. A letter of recommendation from 1 client who previously employed the individual and who can bear witness to the individual's ability to perform equine massage therapy; and d. A copy of the individual's degree or certification in animal massage from a school or training program approved by the Board.

Introduced 1/14/19

Indiana SB 351 Would: 1. Change the title for persons registered as veterinary

technicians to veterinary nurses; and 2. Specify that the Board of Veterinary Medical Examiners is

not required to issue certificates of registration that use the term "veterinary nurse" until the next license renewal period.

Introduced 1/10/19

Massachusetts SD 900 Would: 1. Define a "veterinary technician" as a graduate of an AVMA

accredited program in veterinary technology or nursing; 2. Define a "veterinary assistant" as an individual with training,

knowledge, and skills less than that required for identification as a veterinary technician; and

3. Create a subsidiary board for veterinary technology under the Board of Registration in Veterinary Medicine that consists of: a. Two veterinarian members of the Board of Registration

in Veterinary Medicine; b. Four technician members licensed to practice veterinary

technology in the state and appointed by the Massachusetts Veterinary Technician Association; and

c. One public member.

Introduced 1/16/19

22 | P a g e State Legislative Update –January 2019

4. The subsidiary technician board would:

a. Determine and establish the criteria and regulations by which veterinary technicians would be licensed and registered;

b. Establish the duties which supervising, Massachusetts-licensed veterinarians may assign to licensed veterinary technicians, and to non-licensed veterinary assistants; and

c. Stipulate explicit differences in the duties and actions allowed for by licensed veterinary technicians and unlicensed veterinary assistants.

New Hampshire

HB 376 Would establish a commission to study best practices for companion animal groomers.

Introduced 1/7/19

Oregon SB 70 Would exempt any of the following from the veterinary license requirement: 1. Owner or employee who practices veterinary medicine,

surgery or dentistry in a humane manner on any animal belonging to the owner;

2. Person who is performing one or more actions as a gratuitous service;

3. Person who is performing animal husbandry or artificial insemination on an animal, not including embryo transfer or pregnancy evaluation;

4. Person responsible for non-medical services, such as feeding, housing, or exercising an animal; and

5. Person authorized by the owner to administer medical services that are prescribed or directed by a licensed veterinarian unless the primary purpose in caring for the animal is to practice veterinary medicine, surgery or dentistry.

Introduced 1/14/19

Rhode Island HB 5073 Would: 1. Make it illegal for any person to perform an onychectomy

(declawing) or flexor tendonectomy procedure on a cat, or another animal, unless a licensed veterinarian deems that the procedure is necessary for a therapeutic purpose; and

2. Require a veterinarian to prepare and file a written statement with the Department of Environmental Management if they determine that declawing is necessary for a therapeutic purpose.

Introduced 1/10/19

West Virginia HB 2119 Would: 1. Prohibit any person from intentionally, knowingly or

recklessly performing an onychectomy (declawing) or flexor tendonectomy procedure on a cat or other animal; and

2. Find a person guilty of a misdemeanor and charge them with a fine of no more than $2,000 and imprisonment for no more than 6 months if he or she performs this procedure.

Introduced 1/9/19

Telemedicine

State Citation/

Link Summary of Proposed Bill or Regulation Status

Nebraska LB 29 Would allow any credential holder, including veterinarians, to: 1. Establish a provider-patient relationship through telehealth;

and 2. Prescribe the patient a drug if the credential holder is

authorized to prescribe under state and federal law.

Introduced 1/10/19

23 | P a g e State Legislative Update –January 2019

Veterinary Taxes/Costs

State Citation/ Link

Summary of Proposed Bill or Regulation Status

Arizona HB 2159 Would provide a municipal tax exemption for the sales of drugs and medical oxygen prescribed by a veterinarian, doctor, or dentist licensed to administer such substances.

Introduced 1/7/19

Indiana HB 1475 Would establish a tax credit of up to $2,000 for veterinary services providers performing a spay-neuter procedure on a companion animal at no cost to the owner of the companion animal. The amount of the credit is the lesser of: 1. An amount equal to the total number of spay-neuter

procedures performed by the veterinary services provider at no cost during the taxable year, multiplied by the average cost of a spay-neuter procedure otherwise charged by the veterinary services provider during the taxable year, multiplied by 5%; or

2. $2,000.

Introduced 1/10/19

New York A 639 Would establish a tax credit equal to 50% of the actual cost of veterinary services for companion animals, not to exceed a maximum credit of $2,000 annually. The tax credit would be available for an individual taxpayer beginning on or after Jan. 1, 2019 and would sunset on Jan. 1, 2025. The term “cost of veterinary services” is defined as costs paid to a licensed veterinarian for medical services including, but not limited to, checkups, vaccinations, subcutaneous insertions of a microchip for identifying an animal, and diagnosing, treating, operating, or prescribing any animal disease, pain, injury, deformity or dental or physical condition.

Introduced 1/9/19

North Dakota HB 1222 Would: 1. Eliminate the current individual and corporate income tax;

and 2. Impose a flat tax for individuals and corporate of 1%.

Introduced 1/3/19

South Dakota SB 43 Would redirect funding to a collaborative program in rural veterinary medical education and provide tax revenue for the support of veterinary student tuition grants, South Dakota State University veterinary program operations, and the operations and activities conducted by the State Animal Disease Research and Diagnostic Laboratory.

Introduced 1/8/19