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Posted 11 December 2006
View legislative update (PDF)
As we prepare to celebrate the holidays, almost all state legislative activity is about to stop. Only two states, Virginia and New Jersey, will carry over bills from the 2006 session into next year. Most legislatures begin in January or February, although there are exceptions. The January update chart will look very different, with many 2006 bills replaced with newly introduced measures.
There has been a lot of interest in the California Veterinary Medical Board's (CVMB) reinterpretation of supervision requirements for the administration of controlled substances, and the potential impact outside the state. The Board's legal counsel concluded that, without specific authority to the contrary, RVTs and unregistered assistants can only administer controlled drugs under the immediate supervision of a veterinarian, interpreted to mean in the physical presence of a licensed veterinarian. The California VMA has submitted two legal opinions that disagree, finding that current federal and state law allow RVTs and assistants to administer controlled substances under direct supervision. The CVMB accepted the recommendation of their legal counsel, but has indicated that it will propose regulations soon authorizing indirect supervision of RVTs and direct supervision for unlicensed assistants.
The AVMA State Legislative and Regulatory Affairs Department believes, that in the absence of federal agency guidance or a court decision, federal law allows states to define who can administer controlled substances and the type of supervision required. In recent days, the Oregon Veterinary Medical Examiners Board counsel concluded that the state's Controlled Substance Act does not prohibit a veterinarian from allowing a qualified employee to administer or distribute controlled substances at the direction of the veterinarian. Direct supervision is not required.
The publicity generated by the controversy in California provides state VMAs with the opportunity to inform veterinarians about the controlled substance rules in their states. Just be sure to check the controlled substance law, veterinary practice act and pharmacy law, as all three could potentially apply to this issue.
This month's chart contains several new measures. Arizona has proposed a rule creating licensure for animal crematoriums. New Hampshire recently held a hearing on a regulation proposing that veterinarians receive permission from the state veterinarian prior to docking any horse's tail. This regulation is still pending.
In Texas a bill was filed for the 2007 session to require the Division of Emergency Management to provide for the evacuation and sheltering of household pets and service animals in the event of a disaster. Another bill was introduced that would make "reckless" acts subject to animal cruelty penalties and remove exemptions for cattle, horses, sheep swine and goats.
In an update on last month's coverage of the election, Dr. Krayton Kerns won a recount in Montana by three votes and becomes the 25th veterinarian currently serving in a state legislature. His win hands control of the Montana House of Representatives to Republicans by the slightest of margins. Incidentally, this is an excellent time to contact and congratulate all of the newly-elected legislators in your states. And don't forget to offer your organization's assistance in your areas of expertise.
The following link takes you to the latest significant pending bills and regulations from around the country. Happy Holidays and see you in 2007!
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