Many state legislatures are out of session. States currently in regular session include: AR, CA, ID, IN, MA, MI, NC, NJ, NY, OH & PA

We mainly use the National Conference of State Legislatures' annual session map, which can be found here:

https://www.ncsl.org/research/about-state-legislatures/2021-state-legislative-session-calendar.aspx

The Jan 2021 Michigan proposed rule is final, including:

R 338.4901a Telehealth services.

Rule 1a. (1) A veterinarian providing a telehealth service shall do all of the following: 

(a) Ensure that the client knows the identity and contact information of the veterinarian providing the telehealth service. Upon request, the veterinarian shall provide his or her licensure information including the name of the state where he or she is licensed and his or her license number.

(b) Ensure that the technology method and equipment used to provide telehealth services complies with all current privacy-protection laws.

(c) Employ sound professional judgment to determine whether using telehealth is an appropriate method for delivering medical advice or treatment to the animal patient.

(d) Have sufficient knowledge of the animal patient to render telehealth services demonstrated by satisfying 1 of the following:

 (i) Have recently examined the animal patient in person or have obtained current knowledge of the animal patient through the use of instrumentation and diagnostic equipment through which images and medical records may be transmitted electronically.

     (ii) Have conducted medically appropriate and timely visits to the premises where the group of animal patients is kept.

(e) Act within the scope of his or her practice.

(f) Exercise the same standard of care applicable to a traditional, in-person veterinary care service.

(g) Make himself or herself readily available to the animal patient for follow up veterinary services or ensure there is another suitable provider available for follow up care.

(2) Consent for medical advice and treatment shall be obtained before providing a telehealth service pursuant to section 16284 of the code, MCL 333.16284.

(3) Evidence of consent for medical advice and treatment must be maintained in the animal patient’s medical record.

(4) A veterinarian providing a telehealth service may prescribe a drug if the veterinarian is a prescriber acting within the scope of his or her practice and in compliance with section 16285 of the code, MCL 333.16285.

History: 2021 MR 8, Eff. Ap. 15, 2021.

Changes the use of the term “telemedicine” to “telehealth." Expands the application of the telehealth statute to additional licensed practitioners instead of applying only to prescribers. Amends the definition of "telehealth."

Requires that the telehealth medical records be created and maintained under the same standards of appropriate practice for medical records for patients in an in-person setting. Specifies that a patient waives confidentiality of medical information concerning individuals in the vicinity when the patient is using telehealth.

Important Note: House bill mentions VCPRs and the Senate bill does not.

House bill passed House and was referred to Senate on 2/18/21. Senate bill was amended & passed on 2/1-2/21 and referred to the House on 2/3/21. 

See most recent updates of House bill here. See most recent updates of Senate bill here. 

This legislative session adjourns April 29, 2021.

VCPR via telemedicine, vet nurse, and CED online.The veterinarian has sufficient knowledge of the animal to initiate a provide an initial diagnosis of the current medical condition of the animal. Makes various changes to how a VCPR is established.

Provides the following: 1) That a vet may extend a VCPR to another vet. 2) That a veterinarian shall reasonably assure confidentiality is maintained when a veterinarian initiates communication to a client under a veterinarian-client-patient relationship. 3) That the establishment of a veterinarian-client-patient relationship does not require a veterinarian to provide treatment to a patient.

First read and referred to the Senate Committee on Agriculture on 1/7/21. There have been no updates since then. See most recent bill updates here. 

This legislative session adjourns April 29, 2021.

Amended Sec 2. 148.01: When appropriate, a service may be delivered via telemedicine as defined in section 62A.671.

Amended Sec 10. 148.109: A licensed chiropractor may engage in the practice of animal chiropractic if the chiropractor is registered to practice animal chiropractic by the board under this section and if the animal has been referred to the chiropractor by a veterinarian.

Amended Sec 5. 148.109: The board shall consult with the State Board of Veterinary Medicine before adopting rules on animal chiropractic.

Introduced in House, first read, and referred to House Committee on Health Finance & Policy on 1/25/21. There have been no updates since then. See most recent bill updates here. 

This legislative session adjourns May 17, 2021.

Replaces the word telemedicine with telehealth.

Defines telehealth & relevant terms such as healthcare provider & telemonitoring services.

Allows a physician-patient relationship to be established through telehealth.

On 3/4/21, the bill was passed as amended by the Senate Committee on Commerce & Consumer Protection Finance & Policy, and referred to the Senate Committee on Human Services Reform Finance & Policy. See most recent bill updates here. 

This legislative session adjourns May 17, 2021.

*Note: This bill does not directly relate to veterinary telemedicine. We are tracking it because we see it as a continuation of the telemedicine conversation.

This bill revises provisions governing veterinary medicine as follows: 

1) Requires a VCPR if a veterinarian is going to delegate the performance of an act, task, or function. 

2) A VCPR requires the vet to see and be personally acquainted with the keeping and care of the animal by the client by examining the patient or medically appropriate/timely visits to the location where the animal is kept.

3) A VCPR is not required if the delegated act, task, or function is meant to render emergency or urgent care to a patient when the client cannot be identified, or if the animal is in the custody of an animal shelter or rescue and the client cannot be identified. 

4) A veterinarian may practice via telehealth without a VCPR in an emergency until the patient can be seen by a vet, however the vet shall make a good-faith effort to arrange an in-person visit as soon as practicable to establish a VCPR.

5) A veterinarian who recommends a prescription drug for an animal shall, on request of the animal’s owner, issue the owner a prescription for the prescription drug instead of dispensing it.

The VVCA is aware of and actively engaged in this bill. 

The House Agriculture Committee heard this bill during a hearing on 6/2/2021. See most recent bill updates here. 

This legislative session adjourns 12/16/2021. 

The Wisconsin Veterinary Examining Board has posted draft language that repeals Wis. Admin Code chs. VE 1-10, and in it's place creates VE 1-3 and renumbers VE 11. The Board’s July Agenda provides a summary and drafted changes of this code (beginning on page 223). 

The drafted language adds definitions of telemedicine, telehealth, and teletriage (pg. 246-247). Also added is a section regarding the delegation of medical acts to CVTs (pg. 265-269). Lastly, a section regarding veterinary telehealth and the VCPR is added (pg. 270-271). 

The key thing to note  is that the draft language (beginning on pg. 240) does not pose a change to the current definition of a VCPR (pg. 1), however, over the last few months the Board discussed the potential following options in terms of how a VCPR may be established:

 •Option 1: In order to practice veterinary medicine in WI a veterinarian must be licensed in WI and have an established VCPR with the client. A VCPR must be established via an in person physical exam, or timely medically appropriate visits to the premises on which the patient is kept. It may not be established by telehealth technologies. 

 •Option 2: In order to practice veterinary medicine in WI a veterinarian must be licensed in WI and have an established VCPR with the client prior to treating a patient. A VCPR may be established by utilizing telehealth technologies to examine the patient as medically appropriate to the circumstance. 

 • Option 3: In order to practice veterinary medicine in WI a veterinarian must be licensed in WI and have an established VCPR with the client prior to treating a patient. To establish a VCPR the veterinarian must meet the requirements of Wis. Stat. § 89.02 (8). A licensed veterinarian may satisfy the exam requirement under Wis. Stat. § 89.02 (8) (b) for the establishment of the VCPR via telehealth technologies through the use of instrumentation and diagnostic equipment where images and medical records are able to be transmitted electronically or a physical in person exam.

The Board members did not favor either of these options unanimously. With that in mind, please see public comment information below: 

•Written comments will be accepted through September 29, 2021, and may be sent to the Division of Animal Health, Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911 or by e-mail to Angela.Fisher1@wisconsin.gov

•Hearing Dates and Locations:

-Thursday, September 9, 2021 Commencing at 11:00AM In Person: Boardroom CR 106, 2811 Agriculture Drive, Madison, WI 53708 Via Internet Access: https://www.zoomgov.com/j/1603673730?pwd=Vk4zenJ6Q2RqSUhCSFRJYkNWbVBhUT09 Via Telephone Access: Dial 1-551-285-1373, Meeting ID: 160 367 3730, Passcode: 740921 

 -Wednesday, September 15, 2021 Commencing at 4:30PM In Person: Boardroom CR 106, 2811 Agriculture Drive, Madison, WI 53708 Via Internet Access: https://www.zoomgov.com/j/1601485734?pwd=RTJSNnl0d2JVN1F6cVgvV3ZLM3pydz09 Via Telephone Access: Dial 1-551-285-1373, Meeting ID: 160 148 5734, Passcode: 673114 

 •You may obtain a copy of the proposed rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Office of the Secretary, P.O. Box 8911, Madison, Wisconsin 53708- 8911. You may also obtain a copy by contacting the division policy analyst, Angela Fisher, at Angela.Fisher1@wisconsin.gov or by calling (608) 224-4890. Copies will also be available at the hearing.