Pet Policy Watch

How recent legislation has affected the animal health industry, and what to keep an eye on for 2025.

As the director of policy research and government relations for the Animal Policy Group, Loren Breen monitors government policies and legislative bills that may affect veterinary medicine across the federal and state levels. While federal bills are small in number and often slow moving, the number of legislative pieces introduced at the state level has exploded in recent years.

When the Animal Policy Group began tracking bills in 2017, there were just over 100 bills to keep tabs on. But that volume tripled in 2018, and then just kept growing. This year, Breen’s team has monitored more than 2,300 bills. “The number of issues we track expands, and the volume of bills in those original veterinary categories is also increasing,” she said.

In the following article, Breen shared some of the key legislative issues that affected animal health in 2024, and ballot measures that could be voted on in the coming months and into 2025.

Xylazine

Xylazine is a veterinary sedative and critical for veterinarians in the care of animals. While it doesn’t have any FDA approved use for humans, it’s being mixed with fentanyl and heroin and used at the street level illegally.

“I was at the National Conference for state legislators recently, and they had a panel on this, because it is so devastating in local communities,” said Breen. “Unsurprisingly, we saw 53 bills in 17 states and Congress this past year.”

Although xylazine is used in a veterinary setting, veterinary groups aren’t the ones bringing up these bills in each state. Instead, state legislators are initiating these bills in the hopes of protecting their community. They’re looking to reduce drug overdoses, so veterinarians aren’t the first group that pops into their mind.

“Because this is a veterinary sedative, we want to ensure that veterinarians can still use it,” Breen said. “But a lot of bills we saw introduced didn’t have an exemption for veterinary use. So, in those states, we reached out, talked to them and asked them to make sure we can protect those veterinary uses. And in each state that passed the bill, there was veterinary protection.”

Telemedicine and the VCPR

Telemedicine is a hot topic, and one of several policy issues dealing with veterinary shortage. “There are two sides of this debate, and I don’t think they’ll come to the middle anytime soon,” Breen said.

On one side are those who support the use of telemedicine as an initial point of contact to establish the veterinary client patient relationship (VCPR). “They view this as a way to address the veterinary shortage, and they’re stressing the need for access to care and for veterinarians to use their judgment,” Breen said.

On the other side are those who oppose telemedicine as that initial point of contact. “Their concern is the need for a veterinarian to be able to have hands-on physical examination before they can treat a pet,” she said.

Even though the volume of telemedicine-related legislation is less, this is one of the bigger topics the animal health industry itself is focused on.

In the states that did pass pro telemedicine laws this year, it was unanimous or almost unanimous. California and Florida unanimously passed pro telemedicine laws this year. Arizona also passed a pro telemedicine law, and the vote was close to unanimous. “That brings the tally to eight states, and 108 million people, who can use telemedicine as their first point of contact with a veterinarian,” Breen said. Colorado, meanwhile, went the other way. They codified the need for the exam to be in-person.

Breen anticipates more states to come online as pro-telemedicine next year. ““I think we’ll still see this story continue,” she said. “It could mimic human telemedicine, where we saw a steady flow of states adopt it each year, and then maybe at the end, a big wave.”

Colorado ballot on VPAs passes

In November, Colorado voters passed a ballot measure introducing a veterinary professional associate (VPA). Proposition 129 passed by a 5-point margin. The VPA will work alongside credentialed veterinary technicians (recently licensed in Colorado – 2024 HB1047) and licensed DVMs, under the supervision of the DVM. This animal healthcare version of the human PA (Physician Assistant) requires a master’s degree with demanding academic requirements. Colorado State University’s College of Veterinary Medicine has been developing the potential master’s program for nearly three years and will be able to offer the degree as soon as Colorado administrative agencies finalize rules for implementation.

“We expect this victory to spur significant action as early as 2025, especially in other progressive states looking to follow Colorado’s lead,” Breen said.

There was strong pushback at the industry level on the ballot measure. A group of veterinary professionals and organizations issued a letter in late August saying that if passed the measure would “dangerously disrupt Colorado’s veterinary system, lowering standards of care and ultimately putting the safety and wellbeing of Colorado pets and animals at risk.”

Kelly Walsh, president of the Colorado Veterinary Medical Association (CVMA), emphasizes the threat a VPA would create in Colorado, stating, “Representing over 2,600 veterinary members across the state, the Colorado Veterinary Medical Association opposes this measure because it fails to address the real needs of animal owners, pets, and animals in our state. It puts pets, animals, and their owners in danger because it allows underqualified, inexperienced individuals to perform surgeries. It misleads voters by disregarding Colorado’s competency requirements for veterinary personnel. It undermines the standards for veterinary care in Colorado and threatens pet and animal safety.”

In a statement issued to the Fountain report on November 7, the AVMA said it was disappointed with the outcome of Proposition 129 on the ballot in Colorado. “However, rest assured that now, more than ever, we will continue our work to ensure that the health and safety of Colorado’s animals are protected. This includes pursuing all options to ensure that pets and other animals receive high quality care led and delivered by comprehensively educated, proficient, and licensed veterinarians. We look forward to working collaboratively with all stakeholders in pursuit of a regulatory framework that will protect Colorado’s animals, their owners, our food supply, and public health.”

Licensing scope

In 2024, Animal Policy tracked 30 state bills related to licensing scope or mid-level practitioner. Just a few years ago, they were tracking less than a dozen.

“Vet tech licensing is a little bit of a patchwork,” said Breen. “We have registered veterinary technicians, licensed veterinary technicians and certified veterinary technicians. These are kind of an even split. It’s done by how each state wants to regulate that licensure.”

Veterinary technicians have title protection in some states, meaning it’s illegal for an individual to call themselves a veterinary technician without the requisite certification. “But other states don’t, and because there’s regulation, certification, and licensing, it gets a little hairy as to who can call themselves a veterinary technician.”

On the licensing side, Florida, Massachusetts, Minnesota and New Jersey all introduced bills in 2024, but only Minnesota passed, and that was within a giant omnibus bill.

There are also state-level bills related to what a veterinary technician can do under the immediate, direct or indirect supervision of a veterinarian, Breen said. “There is a list saying if the veterinarian is in the room, techs can do this, if the veterinarian is on the premises, they can do this, and if the vet is available by phone call, they can do this. But we only had a few bills pass related to that.”

California is considering a bill to allow registered vet techs to perform neuter surgery on male domesticated cats, something they currently aren’t allowed to do. If passed, it would be the newest state to allow veterinary technicians to perform the surgery. “We’ll see if this passes and if it catches on,” said Breen. “I have definitely been on calls where veterinarians are opposed to this, but I’ve been on other calls that are related to access to care, and people who work in spay and neuter that are for it because they see the potential and need.”

Non-competes

In April, the Federal Trade Commission sent shockwaves through the business world when it issued a final rule to ban noncompetes nationwide.

“Noncompete clauses keep wages low, suppress new ideas, and rob the American economy of dynamism, including from the more than 8,500 new startups that would be created a year once noncompetes are banned,” said FTC Chair Lina M. Khan. “The FTC’s final rule to ban noncompetes will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market.”

In outlining its reasoning behind the ruling, the FTC estimated that the final rule banning noncompetes will lead to new business formation growing by 2.7% per year, resulting in more than 8,500 additional new businesses created each year. The FTC expected the final rule to result in higher earnings for workers, with estimated earnings increasing for the average worker by an additional $524 per year, and it is expected to lower health care costs by up to $194 billion over the next decade.

The ruling was set to go into effect September 4, but at the last minute, a district court in Texas issued an order stopping the FTC from enforcing the rule. The FTC said it is considering an appeal. The decision does not prevent the FTC from addressing noncompetes through case-by-case enforcement actions.

Breen said Animal Policy started noticing bills related to noncompete agreements pop up at the state level several years ago. “By 2023, we saw 43 in 17 states,” said Breen. “Four of those passed. Some are veterinary specific, while others address broader professional non-compete bans. Maryland, Rhode Island and Maine passed bills this year, but the Rhode Island and Maine governors both vetoed theirs.”

Within the category of noncompetes, Animal Policy Group is also tracking what it calls “trap bills.” These are training, repayment, and agreement provisions. “The way we see these work, at least in the veterinary profession, is a clinic may send someone to a specialty school after grad school, and they pay for this, and they do this in order to get veterinary specialists in the field who might not otherwise have attempted that program. And then, because they send them to the school, they ask them to work for them for a set number of years, usually two or three or five. But those, along with the noncompetes, are starting to get pushback.”

Breen anticipates a lot more noncompete bans will be introduced at the state level, even if the federal ban may not have any movement for a while.

Help from abroad

Targeting a veterinarian shortage in their state, New Hampshire lawmakers are turning to foreign-trained veterinarians stuck in an overburdened licensing pipeline, according to VIN News. A new state law, which went into effect Sept. 17, creates a conditional license for veterinarians who have completed three of four parts in the AVMA’s Educational Commission for Foreign Veterinary Graduates (ECFVG) program.

Pet-related laws signed in California

California Governor Gavin Newsom signed two bills this fall aimed at reforming the state’s pet insurance industry and enhancing veterinary services. The first mandates that pet insurers provide clear information regarding coverage options and premium changes that may occur based on the pet’s age or geographical location. The second authorizes a California veterinary medical school to develop a high-volume spay and neuter certification program.

Photo credit: istockphoto.com/djedzura