Bill Text: MI HB4980 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Health occupations: veterinarians; veterinarian-client-patient relationship; require. Amends secs. 16287 & 18811 of 1978 PA 368 (MCL 333.16287 & 333.18811) & adds sec. 18818.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Introduced) 2023-09-19 - Bill Electronically Reproduced 09/14/2023 [HB4980 Detail]
Download: Michigan-2023-HB4980-Introduced.html
HOUSE BILL NO. 4980
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 16287 and 18811 (MCL 333.16287 and 333.18811), section 16287 as amended by 2017 PA 22 and section 18811 as amended by 2006 PA 406, and by adding section 18818.
the people of the state of michigan enact:
Sec. 16287. (1) The department, in consultation with a board, shall promulgate rules to implement sections 16284 and 16285.
(2) Rules promulgated by the department in consultation with the Michigan board of veterinary medicine under this section are subject to section 18818.
Sec. 18811. (1) A person Subject to section 18818, an individual shall not engage in the practice of veterinary medicine unless licensed or otherwise authorized by this article.
(2) After July 1, 1979, an An individual shall not practice as a veterinary technician without a license.
(3) A veterinary technician shall not diagnose animal diseases, prescribe medical or surgical treatment, or perform as a surgeon.
(4) The following words, titles, or letters or a combination thereof, of words, titles, or letters, with or without qualifying words or phrases, are restricted in use only to those persons individuals authorized under this part to use the terms and in a way prescribed in this part: "veterinary", "veterinarian", "veterinary doctor", "veterinary surgeon", "doctor of veterinary medicine", "v.m.d.", "d.v.m.", "animal technician", or "animal technologist".
Sec. 18818. (1) A veterinarian shall not engage in the practice of veterinary medicine unless it is within the context of a veterinarian-client-patient relationship. Subject to federal law, all of the following requirements must be met to establish a veterinarian-client-patient relationship:
(a) The veterinarian must assume responsibility for making clinical judgments regarding the health of the animal and the need for medical treatment and the animal's owner must have agreed to follow the veterinarian's instructions.
(b) The veterinarian must have current knowledge of the animal to initiate, at a minimum, a general or preliminary diagnosis of the medical condition of the animal. A veterinarian may obtain current knowledge of an animal for purposes of this subdivision through any of the following means:
(i) Conducting an in-person examination of the animal.
(ii) Subject to subsection (2), conducting an examination of the animal through telehealth using real-time interactive audio and visual electronic technology.
(iii) By making a medically appropriate and timely visit to the premises where the animal is kept or where a group of animals of the owner is kept.
(2) All of the following apply for purposes of an examination of an animal under subsection (1)(b)(ii):
(a) The veterinarian shall not conduct an electronic examination of an animal through telehealth if any of the following apply:
(i) The animal is not a companion animal.
(ii) The veterinarian is performing the examination to issue an interstate certificate of veterinary inspection or a pet health certificate.
(b) When conducting an electronic examination through telehealth, the veterinarian shall use instrumentation and diagnostic equipment through which an image and a medical record may be transmitted electronically.
(c) The veterinarian shall be readily available, or arrange for emergency coverage, if the animal experiences an adverse reaction or the treatment regimen for the animal fails.
(d) The owner of the animal may request an in-person follow-up evaluation with the veterinarian. If the veterinarian cannot perform an in-person follow-up evaluation of the animal, the veterinarian shall provide the owner with a list of other veterinarians who are geographically accessible to the owner.
(3) If a veterinarian establishes a veterinarian-client-patient relationship through the electronic examination described in subsection (1)(b)(ii), the veterinarian may prescribe the animal that was the subject of the examination a drug under all of the following conditions:
(a) If the only examination performed on the animal by the veterinarian is the electronic examination described in subsection (1)(b)(ii), the veterinarian shall not prescribe the animal more than a 14-day supply of the drug with no refills. The veterinarian may prescribe the animal 1 additional 14-day supply of the drug if the veterinarian conducts another electronic examination described in subsection (1)(b)(ii) of the animal. The veterinarian shall not issue any additional renewals of the prescription for the animal unless the veterinarian conducts an in-person examination of the animal.
(b) The veterinarian shall notify the owner of the animal that some prescription drugs may be available at a pharmacy and, on the request of the animal's owner, send a prescription to a pharmacy of the owner's choice.
(c) The veterinarian shall not prescribe a controlled substance for the animal unless the veterinarian also performs an in-person examination of the animal or makes a medically appropriate and timely visit to the premises where the animal is kept.
(d) The veterinarian shall comply with federal law and any laws of this state for the prescribing of the drug, including, but not limited to, section 16285.
(4) As used in this section:
(a) "Companion animal" means that term as defined in section 50b of the Michigan penal code, 1931 PA 328, MCL 750.50b.
(b) "Pet health certificate" means that term as defined in section 1 of 1969 PA 287, MCL 287.331.
(c) "Telehealth" means that term as defined in section 16283.
(d) "Veterinarian-client-patient relationship" means the relationship meeting the requirements described in subsection (1).
