Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 24-0363.01 Christopher McMichael x4775 HOUSE BILL 24-1048 House Committees Senate Committees Agriculture, Water & Natural Resources Agriculture & Natural Resources A BILL FOR AN ACT C ONCERNING THE PROVISION OF VETERI NARY SERVICES THROUGH101 TELEHEALTH.102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/ .) Water Resources and Agriculture Review Committee. The bill concerns the use of telehealth to provide veterinary services. The bill defines different types of telehealth tools that can be used in a veterinary practice. In current law, one criterion for the establishment of a veterinarian-client-patient relationship is that the veterinarian has SENATE 3rd Reading Unamended February 26, 2024 SENATE Amended 2nd Reading February 23, 2024 HOUSE 3rd Reading Unamended February 12, 2024 HOUSE Amended 2nd Reading February 9, 2024 HOUSE SPONSORSHIP McCormick and Martinez, McLachlan, Amabile, Bacon, Bird, Boesenecker, Brown, Catlin, Clifford, Epps, Froelich, Garcia, Hamrick, Jodeh, Kipp, Lindsay, Lindstedt, Lukens, Lynch, Mauro, McCluskie, Parenti, Ricks, Snyder, Soper, Story, Titone, Valdez, Vigil, Young SENATE SPONSORSHIP Ginal and Pelton B., Pelton R., Simpson, Bridges, Danielson, Hansen, Jaquez Lewis, Kirkmeyer, Kolker, Marchman, Roberts, Van Winkle, Will Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. conducted an examination of the animal that is the patient. The bill clarifies that the examination must be an in-person, physical examination. The bill also extends the veterinarian-client-patient relationship to other licensed veterinarians who share the same physical premises as the veterinarian who established the relationship if the other veterinarians have access to and have reviewed the patient's medical records. The bill allows a licensed veterinarian who has established a veterinarian-client-patient relationship to use telehealth to provide veterinary services to clients and patients in Colorado with the consent of the client. A licensed veterinarian may also refer a patient to a veterinary specialist, who may provide veterinary services via telemedicine under the referring veterinarian's veterinarian-client-patient relationship. The bill authorizes the state board of veterinary medicine to establish rules for the use of telehealth to provide veterinary services. The bill clarifies that only a licensed veterinarian with an established veterinarian-client-patient relationship may prescribe medication using telemedicine. The bill allows a licensed veterinarian who has established a veterinarian-client-patient relationship to supervise veterinary personnel who are not located on the same premises using telesupervision if the veterinarian and the personnel are employees of the same veterinary practice and the veterinary premises, the veterinary professionals or other veterinary personnel, and the patient are all located in Colorado. The bill establishes record-keeping, confidentiality, and privacy requirements related to the use of telehealth. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 12-315-104, amend2 (19) as follows:3 12-315-104. Definitions. As used in this article 315, unless the4 context otherwise requires:5 (19) (a) "Veterinarian-client-patient relationship" means that THE6 relationship established when:7 (a) (I) The veterinarian has assumed the responsibility for making8 medical judgments regarding the health of an animal and the need for9 medical treatment, and the owner, OWNER'S AGENT, or other AUTHORIZED10 caretaker has agreed to follow the instruction of the veterinarian;11 1048-2- (b) (II) There is sufficient knowledge of an animal by the1 veterinarian to initiate at least a general or preliminary diagnosis of the2 medical condition of the animal, which means that the veterinarian has3 recently seen and is personally acquainted with the keeping and care of4 the animal by virtue of an IN-PERSON, PHYSICAL examination of the5 animal or by medically appropriate and timely visits to the premises6 where the animal is kept; and7 (c) (III) The practicing veterinarian is readily available, or has8 arranged for emergency coverage, for follow-up evaluation in the event9 of adverse reactions or failure of the treatment regimen.10 (b) A VETERINARIAN-CLIENT-PATIENT RELATIONSHIP ESTABLISHED11 ACCORDING TO SUBSECTION (19)(a) OF THIS SECTION MAY EXTEND TO12 OTHER LICENSED VETERINARIANS WORKING OUT OF THE SAME PHYSICAL13 PRACTICE LOCATION AS THE VETERINARIAN WHO ESTABLISHED THE14 VETERINARIAN-CLIENT-PATIENT RELATIONSHIP IF THE OTHER LICENSED15 VETERINARIANS HAVE ACCESS TO AND HAVE REVIEWED THE PATIENT 'S16 MEDICAL RECORDS.17 SECTION 2. In Colorado Revised Statutes, 12-315-106, add (9)18 as follows:19 12-315-106. Board of veterinary medicine - creation - powers20 - rules. (9) (a) THE BOARD MAY PROMULGATE RULES REGARDING THE USE21 OF TELEHEALTH TO PROVIDE VETERINARY SERVICES IN COLORADO22 PURSUANT TO PART 3 OF THIS ARTICLE 315.23 (b) IN DEVELOPING RULES PURSUANT TO SUBSECTION (9)(a) OF24 THIS SECTION, THE BOARD SHALL CONSULT WITH LICENSED25 VETERINARIANS, REGISTERED VETERINARY TECHNICIANS, CLIENTS, AND26 OTHER RELEVANT STAKE HOLDERS AS DETERMINED BY THE BOARD .27 1048 -3- SECTION 3. In Colorado Revised Statutes, add part 3 to article1 315 of title 12 as follows:2 PART 33 USE OF TELEHEALTH TO PROVIDE4 VETERINARY SERVICES5 12-315-301. Definitions - rules. A S USED IN THIS PART 3, UNLESS6 THE CONTEXT OTHERWISE REQUIRES :7 (1) "T ELE-ADVICE" MEANS THE PROVISION OF ANY HEALTH8 INFORMATION, OPINION, OR GUIDANCE BY A VETERINARY PROFESSIONAL9 THAT IS NOT INTENDED TO DIAGNOSE, TREAT, OR ISSUE PROGNOSES OF AN10 ANIMAL'S, OR GROUP OF ANIMALS', PHYSICAL OR BEHAVIORAL ILLNESS OR11 INJURY. A VETERINARIAN-CLIENT-PATIENT RELATIONSHIP IS NOT12 REQUIRED TO PROVIDE TELE-ADVICE.13 (2) "T ELECONSULTING" MEANS A VETERINARIAN WHO14 COMMUNICATES WITH A VETERINARY SPECIALIST OR OTHER QUALIFIED15 EXPERT USING TELECOMMUNICATIONS TECHNOLOGY TO GAIN INSIGHT OR16 ADVICE REGARDING THE CARE OF A PATIENT .17 (3) "T ELE-EDUCATION" MEANS THE USE OF INFORMATION AND18 TELECOMMUNICATIONS TECHNOLOGY FOR DISTANCE LEARNING .19 (4) (a) "T ELEHEALTH" MEANS THE USE OF TELECOMMUNICATIONS20 TECHNOLOGY TO PROVIDE VETERINARY SERVICES OR TO COLLECT AND21 DELIVER VETERINARY HEALTH INFORMATION OR EDUCATION VIRTUALLY22 AND CAN ENCOMPASS GENERAL VETERINARY SERVICES OR23 PATIENT-SPECIFIC VETERINARY SERVICES.24 (b) "T ELEHEALTH" MAY INCLUDE TELE-ADVICE, TELECONSULTING,25 TELE-EDUCATION, TELEMEDICINE, TELEMONITORING, TELEREFERRAL,26 TELESUPERVISION, TELETRIAGE, AND OTHER TOOLS THAT HELP27 1048 -4- VETERINARY PROFESSIONALS DELIVER VETERINARY EDUCATION AND1 SERVICES VIRTUALLY.2 (5) "T ELEMEDICINE" MEANS THE REMOTE PRACTICE OF3 VETERINARY MEDICINE THROUGH THE USE OF TELECOMMUNICATIONS4 TECHNOLOGY THAT ALLOWS A LICENSED VETERINARIAN WITH AN5 ESTABLISHED VETERINARIAN -CLIENT-PATIENT RELATIONSHIP TO6 EVALUATE, DIAGNOSE, AND TREAT A PATIENT VIRTUALLY.7 (6) "T ELEMONITORING" MEANS THE USE OF TELECOMMUNICATIONS8 TECHNOLOGY TO AUGMENT VETERINARY SERVICES BY COLLECTING AND9 DELIVERING HEALTH INFORMATION FROM A PATIENT .10 (7) "T ELEREFERRAL" MEANS A VETERINARIAN WITH AN11 ESTABLISHED VETERINARIAN-CLIENT-PATIENT RELATIONSHIP WHO REFERS12 THE CLIENT TO A VETERINARY SPECIALIST TO PROVIDE VETERINARY13 SERVICES USING TELECOMMUNICATIONS TECHNOLOGY UNDER THE14 ESTABLISHED VETERINARIAN-CLIENT-PATIENT RELATIONSHIP.15 (8) "T ELESUPERVISION" MEANS THE SUPERVISION OF INDIVIDUALS16 PROVIDING VETERINARY SERVICES USING MEDIA SUCH AS AUDIO ,17 AUDIO-VISUAL CONFERENCING, TEXT MESSAGING, E-MAIL, OR OTHER18 VIRTUAL OR DIGITAL TECHNOLOGIES .19 (9) "T ELETRIAGE" MEANS THE SAFE, APPROPRIATE, AND TIMELY20 ASSESSMENT OF AN ANIMAL, OR A GROUP OF ANIMALS, UNDER CONDITIONS21 OF UNCERTAINTY AND URGENCY , AND THE POSSIBLE REFERRAL TO A22 LICENSED VETERINARIAN, AFTER DISCUSSION WITH THE INDIVIDUAL23 RESPONSIBLE FOR THE ANIMAL OR GROUP OF ANIMALS , USING24 TELECOMMUNICATIONS TECHNOLOGY . A VETERINARIAN-CLIENT-PATIENT25 RELATIONSHIP IS NOT REQUIRED FOR SUCH AN ASSESSMENT OR REFERRAL .26 "T ELETRIAGE" DOES NOT INCLUDE THE RENDERING OF A DIAGNOSIS BUT 27 1048 -5- MAY INCLUDE THE PROVISION OF TELE-ADVICE.1 (10) "V ETERINARY SPECIALIST" MEANS A VETERINARIAN WHO IS2 FORMALLY RECOGNIZED AS A SPECIALIST FROM A SPECIALTY3 ORGANIZATION THAT IS RECOGNIZED BY THE AMERICAN VETERINARY4 M EDICAL ASSOCIATION'S AMERICAN BOARD OF VETERINARY5 S PECIALTIES, OR ITS SUCCESSOR ORGANIZATION , OR ANOTHER6 ASSOCIATION THAT RECOGNIZES V ETERINARY SPECIALISTS THAT THE7 STATE BOARD OF VETERINARY MEDICINE HAS APPROVED BY RULE .8 12-315-302. Veterinarian-client-patient relationship -9 telemedicine. (1) O NLY A LICENSED VETERINARIAN MAY ESTABLISH A10 VETERINARIAN-CLIENT-PATIENT RELATIONSHIP IN THIS STATE.11 (2) (a) A VETERINARIAN-CLIENT-PATIENT RELATIONSHIP MUST BE12 ESTABLISHED BY AN IN-PERSON, PHYSICAL EXAMINATION OF THE ANIMAL13 OR TIMELY VISITS TO THE PREMISES WHERE THE ANIMAL IS KEPT .14 (b) A VETERINARY SPECIALIST MAY USE TELECOMMUNICATIONS15 TECHNOLOGY TO SEE A PATIENT UNDER ANOTHER VETERINARIAN 'S16 PREVIOUSLY ESTABLISHED VETERINARIAN -CLIENT-PATIENT RELATIONSHIP17 PURSUANT TO SECTION 12-315-306.18 (3) A N ESTABLISHED VETERINARIAN -CLIENT-PATIENT19 RELATIONSHIP MAY BE MAINTAINED THROUGH EXAMINATIONS THAT20 OCCUR USING TELECOMMUNICATIONS TECHNOLOGY IN BETWEEN21 APPROPRIATE IN-PERSON, PHYSICAL EXAMINATIONS OR VISITS TO THE22 PREMISES WHERE THE PATIENT IS KEPT.23 12-315-303. Treatment of patients using telehealth -24 telemedicine - licensure - technology - consent. (1) (a) A PERSON MUST25 BE LICENSED TO PRACTICE VETERINARY MEDICINE IN COLORADO IN ORDER26 TO PRACTICE TELEMEDICINE IN COLORADO.27 1048 -6- (b) A PERSON WHO IS NOT A LICENSED VETERINARIAN IN1 C OLORADO AND WHO USES TELEMEDICINE TO PROVIDE VETERINARY2 SERVICES TO ANIMALS AND INDIVIDUALS RESPONSIBLE FOR THE ANIMALS3 ENGAGES IN THE UNAUTHORIZED PRACTICE OF VETERINARY MEDICINE .4 S UCH PERSON IS SUBJECT TO PENALTIES FOR THE UNAUTHORIZED PRACTICE5 OF VETERINARY MEDICINE PURSUANT TO SECTION 12-315-114.6 (2) A LICENSED VETERINARIAN SHALL EMPLOY SOUND ,7 PROFESSIONAL JUDGMENT WHEN DETERMINING WHETHER TO PROVIDE8 VETERINARY SERVICES TO A PATIENT THROUGH TELEMEDICINE AND SHALL9 USE TELEMEDICINE ONLY WHEN SUCH USE IS MEDICALLY APPROPRIATE10 BASED ON THE PATIENT'S CONDITION.11 (3) A VETERINARY PROFESSIONAL SHALL ENSURE THAT THE12 TECHNOLOGY USED WHEN PROVIDING VETERINARY SERVICES THROUGH13 TELEHEALTH IS OF APPROPRIATE QUALITY TO ENSURE :14 (a) A CCURACY OF THE REMOTE ASSESSMENT OF THE PATIENT 'S15 CONDITION OR BEHAVIOR;16 (b) C LEAR COMMUNICATION WITH CLIENTS ; AND17 (c) C OMPLIANCE WITH ALL RELEVANT PRIVACY AND18 CONFIDENTIALITY REQUIREMENTS .19 (4) (a) A VETERINARY PROFESSIONAL SHALL OBTAIN CONSENT20 FROM THE CLIENT BEFORE PROVIDING VETERINARY SERVICES THROUGH21 TELEHEALTH AND SHALL RECORD THE CLIENT 'S CONSENT IN THE PATIENT'S22 MEDICAL RECORD.23 (b) A VETERINARY PROFESSIONAL USING TELEHEALTH TO PROVIDE24 VETERINARY SERVICES SHALL INFORM THE CLIENT , OR THE CLIENT'S25 AUTHORIZED REPRESENTATIVE , OF:26 (I) T HE VETERINARY PROFESSIONAL 'S NAME, LOCATION, AND, IF27 1048 -7- APPLICABLE, LICENSE NUMBER AND LICENSURE STATUS ;1 (II) W HETHER, IN THE VETERINARIAN'S PROFESSIONAL OPINION,2 THE PATIENT'S CONDITION CAN BE ACCURATELY DIAGNOSED OR TREATED3 USING TELEMEDICINE; AND4 (III) T HE DIAGNOSIS, PROGNOSIS, AND TREATMENT OPTIONS FOR5 THE PATIENT.6 12-315-304. Standard of care. (1) A LICENSED VETERINARIAN7 USING TELEHEALTH TO PROVIDE VETERINARY SERVICES SHALL CONDUCT8 ALL NECESSARY PATIENT EVALUATIONS AND TREATMENT USING THE9 APPLICABLE STANDARD OF CARE FOR THOSE EVALUATIONS AND10 TREATMENTS.11 (2) A LICENSED VETERINARIAN SHALL NOT RECOMMEND12 TREATMENT OR CARE FOR AN ANIMAL BASED SOLELY ON A CLIENT 'S13 RESPONSES TO AN ONLINE QUESTIONNAIRE .14 12-315-305. Prescribing medication through telemedicine.15 (1) (a) E XCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION, ONLY 16 A LICENSED VETERINARIAN WITH AN ESTABLISHED17 VETERINARIAN-CLIENT-PATIENT RELATIONSHIP MAY PRESCRIBE18 MEDICATION THROUGH TELEMEDICINE .19 (b) A LICENSED VETERINARIAN SHALL USE PROFESSI ONAL20 JUDGMENT WHEN DETERMINING IF IT IS APPROPRIATE TO PRESCRIBE21 MEDICATION THROUGH TELEMEDICINE .22 (2) A LICENSED VETERINARIAN WHO PRESCRIBES MEDICATION23 THROUGH TELEMEDICINE IS SUBJECT TO THE LIMITATIONS ON24 PRESCRIPTIONS SPECIFIED IN SECTION 12-30-109.25 (3) I N ACCORDANCE WITH SECTION 12-315-105 (2)(b), A LICENSED 26 VETERINARIAN WHO DOES NOT HAVE AN ESTABLISHED27 1048 -8- VETERINARIAN-CLIENT-PATIENT RELATIONSHIP WITH AN ANIMAL AND ITS1 OWNER MAY USE TELEMEDICINE TO ADMINISTER , DISTRIBUTE, OR DISPENSE2 A PRESCRIPTION DRUG THAT HAS BEEN PRESCRIBED BY ANOTHER LICENSED3 VETERINARIAN WHO HAS AN ESTABLISHED VETERINARIAN -CLIENT-PATIENT4 RELATIONSHIP.5 12-315-306. Telereferral. (1) A VETERINARIAN WITH AN6 ESTABLISHED VETERINARIAN-CLIENT-PATIENT RELATIONSHIP MAY REFER7 A PATIENT TO A VETERINARY SPECIALIST.8 (2) A VETERINARY SPECIALIST TO WHOM A PATIENT IS REFERRED9 MAY PROVIDE VETERINARY SERVICES USING TELECOMMUNICATIONS10 TECHNOLOGY FOR THE PATIENT AND CLIENT UNDER THE REFERRING11 VETERINARIAN'S VETERINARIAN-CLIENT-PATIENT RELATIONSHIP.12 (3) A VETERINARY SPECIALIST TO WHOM A PATIENT IS REFERRED13 SHALL PROVIDE THE REFERRING VETERINARIAN WITH INFORMATION14 RELATED TO THE DIAGNOSIS, TREATMENT, AND PROGRESS OF THE PATIENT.15 (4) (a) A VETERINARY SPECIALIST TO WHOM A PATIENT IS16 REFERRED SHALL NOT PRESCRIBE MEDICATIONS TO THE PATIENT UNLESS17 THE VETERINARY SPECIALIST ESTABLISHES A18 VETERINARIAN-CLIENT-PATIENT RELATIONSHIP THROUGH AN IN -PERSON,19 PHYSICAL EXAMINATION OF THE PATIENT .20 (b) T HE LICENSED VETERINARIAN WITH THE ESTABLISHED21 VETERINARIAN-CLIENT-PATIENT RELATIONSHIP MAY PRESCRIBE22 MEDICATIONS TO THE PATIENT AFTER CONSULTATION WITH THE23 VETERINARY SPECIALIST TO WHOM THE PATIENT WAS REFERRED .24 12-315-307. Telesupervision. (1) A LICENSED VETERINARIAN25 MAY PROVIDE, AT THE VETERINARIAN'S DISCRETION, TELESUPERVISION OF26 REGISTERED VETERINARY TECHNICIANS FOR TASKS THAT DO NOT REQUIRE27 1048 -9- DIRECT OR IMMEDIATE SUPERVISION, PURSUANT TO BOARD RULES.1 (2) A SUPERVISING LICENSED VETERINARIAN WHO HAS AN2 ESTABLISHED VETERINARIAN -CLIENT-PATIENT RELATIONSHIP MAY USE3 TELESUPERVISION TO SUPERVISE REGISTERED VETERINARY TECHNICIANS4 WHO ARE NOT LOCATED ON THE SAME PREMISES AS THE SUPERVISING5 VETERINARIAN IF:6 (a) T HE SUPERVISING LICENSED VETERINARIAN AND THE7 REGISTERED VETERINARY TECHNICIANS ARE EMPLOYEES OF THE SAME8 VETERINARY PRACTICE LOCATION; AND9 (b) THE VETERINARY PROFESSIONALS ARE REGISTERED OR10 LICENSED IN COLORADO AND THE PATIENT IS LOCATED IN COLORADO.11 12-315-308. Emergency care - continuity of care. (1) A12 LICENSED VETERINARIAN WHO PRACTICES VETERINARY MEDICINE13 THROUGH TELEMEDICINE SHALL BE AVAILABLE IN PERSON AT A14 VETERINARY PREMISES THAT IS ACCE SSIBLE TO THE CLIENT AND PATIENT15 OR SHALL ARRANGE FOR ANOTHER LICENSED VETERINARIAN IN COLORADO16 TO BE AT A VETERINARY PREMISES THAT IS ACCESSIBLE TO THE CLIENT17 AND PATIENT IN CASE OF AN EMERGENCY OR FOR NECESSARY FOLLOW -UP18 EVALUATIONS.19 (2) A LICENSED VETERINARIAN SHALL PROVIDE THE CLIENT WITH20 A PLAN FOR EMERGENCY OR FOLLOW -UP CARE WHEN PROVIDING21 VETERINARY SERVICES THROUGH TELEMEDICINE .22 12-315-309. Medical records - definition. (1) A S USED IN THIS23 SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES , "ANIMAL CARE24 PROVIDER" HAS THE MEANING SET FORTH IN SECTION 12-315-119 (1).25 (2) A N ANIMAL CARE PROVIDER THAT USES TELEHEALTH TO26 PROVIDE VETERINARY SERVICES SHALL MAINTAIN MEDICAL RECORDS27 1048 -10- PURSUANT TO SECTION 12-315-119.1 (3) A N ANIMAL CARE PROVIDER THAT CREATES MEDICAL RECORDS2 DURING THE PROVISION OF VETERINARY SERVICES , INCLUDING THE3 CLIENT'S CONSENT TO TELEHEALTH SERVICES , SHALL INCLUDE THE4 RECORDS IN THE PATIENT'S MEDICAL RECORD AND MAKE THE RECORDS5 ACCESSIBLE TO BOTH THE CLIENT AND THE ANIMAL CARE PROVIDER .6 12-315-310. Confidentiality and privacy. A LICENSED7 VETERINARIAN SHALL ENSURE THAT A CLIENT 'S PRIVACY AND8 CONFIDENTIALITY ARE PROTECTED WHEN THE VETERINARIAN IS PROVIDING9 VETERINARY SERVICES USING TELEHEALTH PURSUANT TO THE10 VETERINARIAN'S PROFESSIONAL AND LEGAL OBLIGATIONS .11 SECTION 4. Act subject to petition - effective date. This act12 takes effect at 12:01 a.m. on the day following the expiration of the13 ninety-day period after final adjournment of the general assembly; except14 that, if a referendum petition is filed pursuant to section 1 (3) of article V15 of the state constitution against this act or an item, section, or part of this16 act within such period, then the act, item, section, or part will not take17 effect unless approved by the people at the general election to be held in18 November 2024 and, in such case, will take effect on the date of the19 official declaration of the vote thereon by the governor.20 1048 -11-