SB105: SB105 Veterinarians and Veterinary Technicians; licensed veterinarians and veterinary technicians to practice veterinary teleadvice; authorize

25 LC 57 0273S Senate Bill 105 By: Senators Anavitarte of the 31st, Watson of the 11th, Goodman of the 8th, Echols of the 49th, Hatchett of the 50th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to1 veterinarians and veterinary technicians, so as to authorize li censed veterinarians and2 veterinary technicians to practice veterinary teleadvice; to authorize licensed veterinarians3 and veterinary technicians to practice veterinary teletriage un der certain circumstances; to4 authorize licensed veterinarians to practice veterinary telemed icine under certain5 circumstances; to provide for the regulation of the practice of veterinary telemedicine,6 veterinary teletriage, and veterinary teleadvice by the State Board of Veterinary Medicine; 7 to provide for licensure for graduates of foreign colleges or schools of veterinary medicine8 who are board certified in a specialty; to provide for an exemption; to revise and provide for9 definitions; to provide for related matters; to provide for effective dates; to repeal conflicting10 laws; and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to veterinarians14 and veterinary technicians, is amended by revising paragraphs (26) and (29) of and adding15 new paragraphs to Code Section 43-50-3, relating to definitions, as follows:16 S. B. 105 - 1 - 25 LC 57 0273S "(26) 'Practice veterinary technology' or 'veterinary technology' means:17 (A) To perform animal patient care or other services that requ ire a technical18 understanding of veterinary medicine by a licensed veterinary technician on the basis19 of written or oral instruction of a licensed veterinarian, excl uding diagnosing,20 prognosing, performing surgery, prescribing, or dispensing;21 (B) To represent, directly or indirectly, publicly or privately, an ability and willingness22 to engage in any act described in subparagraph (A) of this paragraph; or23 (C) To use any title, words, abbreviation, or letters, while e ngaged in the practice of24 licensed veterinary technology, in a manner or under circumstan ces that induce the25 belief that the person using them is qualified to engage in an act included in26 subparagraph (A) of this paragraph."27 "(29) 'Veterinarian-client-patient relationship' means that:28 (A)(i) The A licensed veterinarian has assumed the responsibility for making medical29 judgments regarding the health of the animal and the need for medical treatment, and30 the client has given informed consent for services provided by the licensed31 veterinarian;32 (B)(ii) There is sufficient knowledge of the animal by the licensed v eterinarian to33 initiate at least a general or preliminary diagnosis of the med ical condition of the34 animal. This means that the licensed veterinarian has recently seen and is personally35 acquainted with the keeping and care of the animal by the virtue of examination of the36 animal or by medically appropriate and timely visits to the premises where the animal37 is kept or by medically appropriate and timely visits by the li censed veterinarian to38 premises within an operation or production system where the ani mal or groups of39 animals are kept;40 (C)(iii) A T h e licensed veterinarian is readily available for follow up care or41 consultation or has arranged for:42 (i)(I) Veterinary emergency coverage; and43 S. B. 105 - 2 - 25 LC 57 0273S (ii)(II) Continuing care and treatment by another licensed veterinarian, including44 providing a copy of associated records during normal business hours; and45 (D)(iv) The licensed veterinarian develops and maintains appropriate medical46 records.; or47 (B) All licensed veterinarians employed at the same veterinary facility as any licensed48 veterinarian for which a veterinarian-client-patient relationsh ip has been established49 pursuant to subparagraph (A) of this paragraph."50 "(35) 'Veterinary teleadvice' means the use of synchronous or a synchronous51 telecommunications technology to provide general advice to a client that is not specific52 to a particular animal, diagnosis, or treatment.53 (36) 'Veterinary telemedicine' or 'practice of veterinary telemedicine' means the use of54 synchronous or asynchronous telecommunications technology to facilitate the practice55 of veterinary medicine.56 (37) 'Veterinary teletriage' means the use of synchronous or a synchronous57 telecommunications technology to assess and manage an animal, including determining58 whether immediate referral to a licensed veterinarian is necess ary, under conditions of59 reasonable urgency or uncertainty. Such phrase shall not include diagnosis, prognosis,60 surgery, or the prescribing, administering, or dispensing of any prescription drug or any61 other medication or treatment specified by the board."62 SECTION 2.63 Said chapter is further amended by revising Code Section 43-50- 21, relating to general64 powers of board and liberal construction of powers, as follows:65 "43-50-21.66 (a) The board shall have the power to:67 S. B. 105 - 3 - 25 LC 57 0273S (1) Examine and determine the qualifications and fitness of ap plicants for licenses to68 practice veterinary medicine, veterinary telemedicine, veterina ry teletriage, veterinary69 teleadvice, and veterinary technology in this state;70 (2) Issue, renew, refuse to renew, deny, suspend, or revoke licenses to practice veterinary71 medicine, veterinary telemedicine, veterinary teletriage, veter inary teleadvice, o r72 veterinary technology in this state or otherwise discipline lic ensed veterinarians and73 licensed veterinary technicians; and to issue, renew, deny, suspend, or revoke veterinary74 faculty licenses, consistent with this chapter and the rules and regulations adopted under75 this chapter;76 (3) Conduct investigations for the purpose of discovering viol ations of this chapter or77 grounds for disciplining persons licensed under this chapter;78 (4) Inspect veterinary premises and equipment, including mobil e veterinary clinics, at79 any time in accordance with protocols established by rule of the board;80 (5) Hold hearings on all matters properly brought before the board; and, in connection81 therewith, to administer oaths, receive evidence, make the necessary determinations, and82 enter orders consistent with the findings. The board may desig nate one or more of its83 members to serve as its hearing officer;84 (6) Appoint from its own membership one member to act as a representative of the board85 at any meeting within or outside the state where such representative is deemed desirable;86 (7) Bring proceedings in the courts for the enforcement of this chapter or any regulations87 made pursuant to this chapter;88 (8) Adopt, amend, or repeal all rules necessary for its govern ment and all regulations89 necessary to carry this chapter into effect, including without limitation the establishment90 and print or electronic publication of standards of professional conduct for the practice91 of veterinary medicine, veterinary telemedicine, veterinary tel etriage, veterinary92 teleadvice, and veterinary technology; and93 (9) Establish and publish annually a schedule of fees for licensing.94 S. B. 105 - 4 - 25 LC 57 0273S (b) The powers enumerated in subsection (a) of this Code secti on are granted for the95 purpose of enabling the board to supervise effectively the practice of veterinary medicine,96 veterinary telemedicine, veterinary teletriage, veterinary tele advice, and veterinary97 technology and are to be construed liberally to accomplish these objectives."98 SECTION 3.99 Said chapter is further amended by revising Code Section 43-50- 30, relating to license100 requirement for practice of veterinary medicine and practice by business employee, as101 follows:102 "43-50-30.103 (a) No person may practice veterinary medicine, veterinary tel emedicine, or veterinary104 teletriage in this state who is not a licensed veterinarian or the holder of a valid temporary105 license issued by the division director pursuant to this article.106 (b) No person may practice veterinary teleadvice in this state who is not a licensed107 veterinarian or veterinary technician or the holder of a valid temporary license issued by108 the division director pursuant to this article.109 (c) A licensed veterinarian may practice veterinary medicine, vet erinary telemedicine,110 veterinary teletriage, or veterinary teleadvice as an employee of a corporation, partnership,111 or other business organization, provided that the licensed veterinarian is not subject to the112 direction of anyone not licensed to practice veterinary medicin e in Georgia in making113 veterinary medical decisions or judgments."114 SECTION 4.115 Said chapter is further amended by revising Code Section 43-50-31, relating to application116 for license, qualifications, and recordation of license, as follows:117 S. B. 105 - 5 - 25 LC 57 0273S "43-50-31.118 (a) Any person desiring a license to practice veterinary medicine in this state shall make119 application to the board. The application shall include evidence, satisfactory to the board,120 that:121 (1) The applicant has attained the age of 18;122 (2) The applicant is of good moral character;123 (3)(A) The applicant:124 (i) Is i s a graduate of an accredited college or a school of veterinary medicine125 accredited by the American Veterinary Medical Association Council on Education or126 possesses an ECFVG or PAVE certificate or substantial equivalent; and127 (4)(ii) Has The applicant has passed a board approved examination; provided,128 however, that the board may provide by rule or regulation for a waiver of any part of129 such examination for veterinarians who are licensed as such by another state and who130 are in good standing therewith; or131 (B) The applicant:132 (i) Is a graduate of a foreign college or school of veterinary medicine and has133 submitted a transcript certifying completion of his or her educ ation in veterinary134 medicine. In support of such certification of completion, such graduate may submit:135 (I) An ECFVG certificate or its substantial equivalent;136 (II) A PAVE certificate or its substantial equivalent; or137 (III) Any other document as authorized by the board; and138 (ii) Has completed a residency program or similar training duration program of two139 or more years and has received board certification from a veter inary medicine140 specialty organization recognized by the American Veterinary Medical Association,141 the American Board of Veterinary Specialties, or other American Veterinary Medical142 Association board approved organization; provided, however, tha t such applicant143 upon licensure shall only be authorized to practice veterinary medicine in the area of144 S. B. 105 - 6 - 25 LC 57 0273S his or her certified veterinary medicine specialty; and provided, further, that any other145 practice of veterinary medicine shall be deemed a violation of subsection (a) of Code146 Section 43-50-30 and subsection (a) of Code Section 43-50-45; and147 (5)(4) The applicant meets such other qualifications or provides such other information148 as the board may require by rule.149 (b) The application shall be accompanied by a fee in the amount established by the board.150 (c) The division director shall record the new licenses and issue such licenses to the new151 licensees.152 (d) If an applicant is found not qualified for licensure, the board shall notify the applicant153 in writing of such finding and the grounds therefor. Such applicant may request a hearing154 before the board on the questions of his or her qualifications."155 SECTION 5.156 Said chapter is further amended in Code Section 43-50-44, relat ing to exemptions from157 article, by adding a new subparagraph to paragraph (2) to read as follows:158 "(2)(A) A person who is a regular student in a veterinary school or school of veterinary159 technology performing duties or actions assigned by his or her instructors or working160 under the supervision of a licensed veterinarian;161 (B) A member of the faculty, a resident, an intern, or a gradu ate student of an162 accredited college or school of veterinary medicine or school of veterinary technology163 performing his or her regular clinical or nonclinical functions or a person lecturing or164 giving instructions or demonstrations at an accredited college or school of veterinary165 medicine or school of veterinary technology in connection with a continuing education166 course or seminar;167 (B.1) A person licensed pursuant to subparagraph (a)(2)(B) of Code Section 43-50-31168 from lecturing or giving instructions or demonstrations in an area within such person's169 certified veterinary medicine specialty at an accredited college or school of veterinary170 S. B. 105 - 7 - 25 LC 57 0273S medicine or school of veterinary technology and in connection w ith a continuing171 education course or seminar; or172 (C) A graduate of a foreign college or school of veterinary me dicine who is in the173 process of obtaining the ECFVG or PAVE certificate or substanti al equivalent174 performing duties or actions under the direct supervision of a licensed veterinarian;"175 SECTION 6.176 Said chapter is further amended by adding a new article to read as follows:177 "ARTICLE 7178 43-50-120.179 (a) A licensed veterinarian may practice veterinary telemedicine in this state if:180 (1) Such individual is in good standing and primarily practice s veterinary medicine in181 this state through in-person visits with clients and animal patients;182 (2) Such individual has notified the board of his or her inten t to practice veterinary183 telemedicine and satisfied any additional requirements set forth by the board;184 (3) Such individual has an existing veterinarian-client-patient relationship with any client185 and animal patient;186 (4) The animal patient resides within this state at the time t he individual practices187 veterinary telemedicine;188 (5) Such individual practices veterinary telemedicine in a manner consistent with his or189 her scope of practice, all federal and state laws, and prevailing professional standards of190 practice for a veterinarian who provides in-person veterinary s ervices in this state and191 employs sound, professional judgment to determine whether using veterinary192 telemedicine is an appropriate method for delivering medical advice or treatment to the193 animal patient;194 S. B. 105 - 8 - 25 LC 57 0273S (6) Such individual takes appropriate precautions to preserve the confidentiality of any195 client or animal patient's records; and196 (7) Such individual informs the client, in writing, of his or her full name, location,197 license number, licensure status, and limitations involved in a ccessing veterinary198 telemedicine and obtains a signed and dated statement from the client indicating receipt199 of such required information.200 (b) Any prescription, administration, or dispensing of prescription drugs pursuant to this201 Code section shall be in accordance with all federal and state laws.202 (c) Nothing in this ar ticle shall be construed to authorize an y licensed veterinarian to203 prescribe, administer, or otherwise dispense any prescription drug or any other medication204 or treatment specified by the board, unless such licensed veterinarian or another licensed205 veterinarian employed at the same veterinary facility has recently seen and is personally206 acquainted with the keeping and care of the animal by virtue of a physical examination of207 the animal at the veterinary facility or during a medically app ropriate and timely visit to208 the premises where the animal is located.209 43-50-121.210 (a) Notwithstanding anything to the contrary in this chapter, a licensed veterinarian or a211 veterinary technician supervised by a licensed veterinarian may practice veterinary212 teletriage, regardless of whether a veterinarian-client-patient relationship exists, if the213 following conditions are met:214 (1) No licensed veterinarian or veterinary technician is available within a 50 mile radius215 of the animal's location to perform a physical examination at a veterinary facility or the216 premises where the animal is located within 24 hours of the client's request for services;217 (2) The licensed veterinarian or veterinary technician requests that, as soon as reasonably218 practical, the client present the animal patient for a physical examination at the veterinary219 facility or at the premises where such animal is located; and220 S. B. 105 - 9 - 25 LC 57 0273S (3) The licensed veterinarian or veterinary technician informs the client, in writing, of221 the veterinarian or supervising veterinarian's full name, locat ion, license number,222 licensure status, and limitations involved in accessing veterinary teletriage, and obtains223 a signed and dated statement from the client indicating receipt o f s u c h r e q u i r e d224 information.225 (b) Notwithstanding anything to the contrary in this chapter, a licensed veterinarian may226 practice veterinary telemedicine, regardless of whether a veter inarian-client-patient227 relationship exists, if the licensed veterinarian satisfies the conditions set forth in228 paragraphs (1) and (2) of subsection (a) of this Code section and paragraphs (1) and (2) and229 paragraphs (4) through (7) of subsection (a) of Code Section 43-50-120.230 (c) Nothing in this Code section shall be construed to require or impose a duty upon any231 licensed veterinarian or veterinary technician to identify or r efer any client to a licensed232 veterinarian located within the radius imposed under paragraph (1) of subsection (a) of this233 Code section before practicing veterinary teletriage or veterinary telemedicine.234 43-50-122.235 Nothing in this chapter shall be construed to prohibit a licensed veterinarian or a veterinary236 technician supervised by a licensed veterinarian from providing veterinary teleadvice,237 regardless of whether a veterinary-client-patient relationship exists."238 SECTION 7.239 Sections 4 and 5 of this Act shall become effective upon the ap proval of this Act by the240 Governor or upon its becoming law without such approval. All ot her sections of this Act241 shall become effective on July 1, 2025.242 SECTION 8.243 All laws and parts of laws in conflict with this Act are repealed.244 S. B. 105 - 10 -