Bill > A380

Introduced Session

This bill would impose certain requirements to better ensure that prescription drugs issued by a veterinarian, for the treatment of an animal, are not misused, abused, or subject to diversion by the humans who have control over those drugs. The bill would amend the State's veterinarian practice laws to specify that, whenever a veterinarian prescribes a medication for use by an animal: (1) the prescription is to be issued in the name of the animal owner; and (2) the prescription blank must identify both the name of the animal owner and the name of the animal that is to be administered the prescribed medication. Only the person who is named on the prescription blank will be authorized to possess the drug for the purposes of administering it to the identified animal. In the event that an animal is jointly owned by multiple owners, and more than one of the owners wishes to engage in administration of the drug to the animal, the bill would require the prescribing veterinarian, upon request, to list the names of each such owner on the prescription blank. In such a case, the bill would authorize the dispensation of the drug to any of the owners listed on the prescription blank, and it would further authorize any of those identified owners to possess the drugs for the purposes of administering it to the animal. Except in the case of authorized prescription refills, nothing in the bill's provisions would authorize an animal owner to fill a prescription, if the prescription has already been filled by a co-owner on a previous occasion. "Owner" is defined by the bill, in a manner consistent with the State's animal laws, to mean an individual who has a right of property in an animal, or who has an animal in their keeping, at the time when veterinary care is sought for the animal. The term includes any private citizen, such as a pet owner, animal foster care parent, or private animal rescuer, who is providing a temporary or permanent home for the animal at the time when veterinary care is sought; or the owner, operator, or designated employee of a pet shop, pound, kennel, animal shelter, animal boarding facility, or animal rescue facility where the animal is being temporarily housed at the time when veterinary care is sought. The bill would require a veterinarian to review relevant prescription monitoring information under the State's Prescription Monitoring Program (PMP) before prescribing any controlled dangerous substance for use in the treatment of an animal. The bill would amend the State's PMP law to expressly clarify that veterinarians are authorized to access PMP information for the purposes of providing care or treatment to an animal, and for the purposes of verifying information related to a veterinary client. The bill would also expressly authorize a veterinarian to provide any certified veterinary aides employed thereby with delegated authority to access PMP information for these purposes. "Certified veterinary aide" is defined to include certified veterinary technicians and Approved Veterinary Assistants. Whenever a veterinarian prescribes a controlled dangerous substance for use by an animal, the pharmacy permit holder dispensing the prescription drug will be required under the bill to submit certain information about the veterinary client (i.e., the animal owner) to the Prescription Monitoring Program. In particular, the pharmacy permit holder is required to submit the surname, first name, date of birth, street address, and telephone number of the veterinary client/animal owner identified on the prescription blank, as well as the name and approximate age of the animal for whom the controlled dangerous substance was prescribed. The pharmacy permit holder is also required to submit identifying information about any other individual who attempts to pick up an animal's prescription, if the pharmacist has a reasonable belief that that person may be seeking the drug for any reason other than delivering the substance to the animal for the treatment of an existing medical condition. The bill further amends the PMP law to authorize: (1) a veterinary client to request the client's own prescription monitoring information from a veterinarian; (2) a veterinarian, or a certified veterinary aide employed thereby, to provide such requested information to the client; and (3) a veterinary client to ask a pharmacy permit holder to correct any information that was inaccurately entered into the system. The bill would also amend the PMP law to authorize the division to allow a law enforcement officer or an authorized representative of a state program to access PMP information when engaged in a bona fide investigation of a veterinary client. Finally, the bill would make minor technical corrections to the PMP law.

AI Summary

Committee Categories

Bob Auth (R)*, 

Introduced, Referred to Assembly Commerce, Economic Development and Agriculture Committee (on 01/09/2024)

Official Document