Colorado 2025 Regular Session

Colorado Senate Bill SB159 Compare Versions

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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 25-0604.01 Christopher McMichael x4775
88 SENATE BILL 25-159
99 Senate Committees House Committees
1010 Agriculture & Natural Resources
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING THE USE OF VETERINARY TELEHEALTH .101
1414 Bill Summary
1515 (Note: This summary applies to this bill as introduced and does
1616 not reflect any amendments that may be subsequently adopted. If this bill
1717 passes third reading in the house of introduction, a bill summary that
1818 applies to the reengrossed version of this bill will be available at
1919 http://leg.colorado.gov
2020 .)
2121 The bill modifies certain laws related to the practice of veterinary
2222 telehealth. Under current law, in order to practice veterinary telehealth in
2323 Colorado, a licensed veterinarian must establish a
2424 veterinarian-client-patient relationship (VCPR) through an in-person,
2525 physical examination of the animal (patient) or by a medically appropriate
2626 and timely visit to the premises where the animal is kept.
2727 The bill allows a veterinarian to establish a VCPR through
2828 telehealth. An in-person, physical examination of the patient or visit to the
2929 SENATE SPONSORSHIP
3030 Winter F. and Cutter,
3131 HOUSE SPONSORSHIP
3232 (None),
3333 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3434 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3535 Dashes through the words or numbers indicate deletions from existing law. premises is not necessary, and the veterinarian may establish the VCPR
3636 through an electronic examination using synchronous audio-video based
3737 communication technology.
3838 The bill clarifies the definition of "telehealth" and changes
3939 references throughout current law from "telemedicine" to "telehealth".
4040 Under current law, a licensed veterinarian is prohibited from
4141 prescribing drugs to a patient through telehealth unless the veterinarian
4242 has conducted an in-person, physical examination of the patient. The bill
4343 removes that requirement and permits a veterinarian to prescribe drugs to
4444 a patient through telehealth as long as the veterinarian has established a
4545 VCPR and follows certain requirements. However, the bill still requires
4646 an in-person, physical examination of the patient in order to prescribe the
4747 patient a controlled substance or an antimicrobial for longer than 14 days.
4848 The bill removes the requirement under current law that a
4949 veterinarian who uses telehealth be available in person at a veterinary
5050 premises that is accessible to the client and patient for follow-up
5151 evaluations. The bill also repeals a provision in current law that prohibits
5252 a veterinary specialist to whom a patient has been referred from
5353 prescribing medication to the patient unless that veterinary specialist has
5454 established a VCPR through an in-person, physical examination of the
5555 patient.
5656 Be it enacted by the General Assembly of the State of Colorado:1
5757 SECTION 1. In Colorado Revised Statutes, 12-315-104, amend2
5858 (19)(a)(II) as follows:3
5959 12-315-104. Definitions. As used in this article 315, unless the4
6060 context otherwise requires:5
6161 (19) (a) "Veterinarian-client-patient relationship" means the6
6262 relationship established when:7
6363 (II) There is sufficient knowledge of an animal by the veterinarian8
6464 to initiate at least a general or preliminary diagnosis of the medical9
6565 condition of the animal, which means that the veterinarian has recently
6666 10
6767 seen and is personally acquainted with the keeping and care of the animal11
6868 by virtue of:12
6969 (A) An in-person, physical examination of the animal;13
7070 SB25-159-2- (B) AN ELECTRONIC EXAMINATION USING A SYNCHRONOUS1
7171 AUDIO-VIDEO BASED COMMUNICATION TECHNOLOGY ; or by2
7272 (C) A medically appropriate and timely visits VISIT to the premises3
7373 where the animal is kept; and4
7474 SECTION 2. In Colorado Revised Statutes, amend 12-315-3015
7575 as follows:6
7676 12-315-301. Definitions - rules. As used in this part 3, unless the7
7777 context otherwise requires:8
7878 (1) "Tele-advice" means the provision of any health information,9
7979 opinion, or guidance by a veterinary professional that is not intended to10
8080 diagnose, treat, or issue prognoses of an animal's, or group of animals',11
8181 physical or behavioral illness or injury. A veterinarian-client-patient12
8282 relationship is not required to provide tele-advice.13
8383 (2) "Teleconsulting" means a veterinarian who communicates14
8484 with a veterinary specialist or other qualified expert using15
8585 telecommunications technology to gain insight or advice regarding the16
8686 care of a patient.17
8787 (3) "Tele-education" means the use of information and18
8888 telecommunications technology for distance learning.19
8989 (4) (a) (1) "Telehealth" means the use of telecommunications20
9090 technology to provide veterinary services or to collect and deliver21
9191 veterinary health information or education virtually and can encompass22
9292 general veterinary services or patient-specific veterinary services A23
9393 METHOD OF DELIVERY OF VETERINARY HEALTH -CARE SERVICES THROUGH24
9494 TELECOMMUNICATION SYSTEMS , INCLUDING INFORMATION, ELECTRONIC,25
9595 AND COMMUNICATION TECHNOLOGIES , TO FACILITATE THE ASSESSMENT,26
9696 DIAGNOSIS, OR TREATMENT OF A PATIENT WHILE THE PATIENT IS LOCATED27
9797 SB25-159
9898 -3- AT ONE SITE AND THE VETERINARIAN IS LOCATED AT A DIFFERENT SITE .1
9999 (b) "Telehealth" may include tele-advice, teleconsulting,2
100100 tele-education, telemedicine, telemonitoring, telereferral, telesupervision,3
101101 teletriage, and other tools that help veterinary professionals deliver4
102102 veterinary education and services virtually.5
103103 (5) "Telemedicine" means the remote practice of veterinary6
104104 medicine through the use of telecommunications technology that allows7
105105 a licensed veterinarian with an established veterinarian-client-patient8
106106 relationship to evaluate, diagnose, and treat a patient virtually.9
107107 (6) "Telemonitoring" means the use of telecommunications10
108108 technology to augment veterinary services by collecting and delivering11
109109 health information from a patient.12
110110 (7) "Telereferral" means a veterinarian with an established13
111111 veterinarian-client-patient relationship who refers the client to a14
112112 veterinary specialist to provide veterinary services using15
113113 telecommunications technology under the established16
114114 veterinarian-client-patient relationship.17
115115 (8) "Telesupervision" means the supervision of individuals18
116116 providing veterinary services using media such as audio, audio-visual19
117117 conferencing, text messaging, e-mail, or other virtual or digital20
118118 technologies.21
119119 (9) "Teletriage" means the safe, appropriate, and timely22
120120 assessment of an animal, or a group of animals, under conditions of23
121121 uncertainty and urgency, and the possible referral to a licensed24
122122 veterinarian, after discussion with the individual responsible for the25
123123 animal or group of animals, using telecommunications technology. A26
124124 veterinarian-client-patient relationship is not required for such an27
125125 SB25-159
126126 -4- assessment or referral. "Teletriage" does not include the rendering of a1
127127 diagnosis but may include the provision of tele-advice.2
128128 (10) (2) "Veterinary specialist" means a veterinarian who is3
129129 formally recognized as a specialist from a specialty organization that is4
130130 recognized by the American Veterinary Medical Association's American5
131131 Board of Veterinary Specialties, or its successor organization, or another6
132132 association that recognizes veterinary specialists that the state board of7
133133 veterinary medicine has approved by rule.8
134134 SECTION 3. In Colorado Revised Statutes, 12-315-302, amend9
135135 (2)(a) and (3) as follows:10
136136 12-315-302. Veterinarian-client-patient relationship -11
137137 telehealth. (2) (a) A veterinarian-client-patient relationship must be12
138138 established by:13
139139 (I) An in-person, physical examination of the animal;14
140140 (II) A
141141 N ELECTRONIC EXAMINATION USING A SYNCHRONOUS15
142142 AUDIO-VIDEO BASED COMMUNICATION TECHNOLOGY ; or16
143143 (III) A
144144 MEDICALLY APPROPRIATE AND timely visits
145145 VISIT to the17
146146 premises where the animal is kept.18
147147 (3) An established veterinarian-client-patient relationship may be19
148148 maintained through examinations that occur using telecommunications20
149149 technology. in between appropriate in-person, physical examinations or21
150150 visits to the premises where the patient is kept.22
151151 SECTION 4. In Colorado Revised Statutes, 12-315-303, amend23
152152 (1), (2), and (4)(b)(II) as follows:24
153153 12-315-303. Treatment of patients using telehealth - licensure25
154154 - technology - consent. (1) (a) A person AN INDIVIDUAL must be26
155155 licensed to practice veterinary medicine in Colorado in order to practice27
156156 SB25-159
157157 -5- telemedicine TELEHEALTH in Colorado.1
158158 (b) A person AN INDIVIDUAL who is not a licensed veterinarian in2
159159 Colorado and who uses telemedicine TELEHEALTH to provide veterinary3
160160 services to animals and individuals responsible for the animals engages4
161161 in the unauthorized practice of veterinary medicine. Such person5
162162 INDIVIDUAL is subject to penalties for the unauthorized practice of6
163163 veterinary medicine pursuant to section 12-315-114.7
164164 (2) A licensed veterinarian shall employ sound, professional8
165165 judgment when determining whether to provide veterinary services to a9
166166 patient through telemedicine TELEHEALTH and shall use telemedicine10
167167 TELEHEALTH only when such use is medically appropriate based on the11
168168 patient's condition.12
169169 (4) (b) A veterinary professional using telehealth to provide13
170170 veterinary services shall inform the client, or the client's authorized14
171171 representative, of:15
172172 (II) Whether, in the veterinarian's professional opinion, the16
173173 patient's condition can be accurately diagnosed or treated using17
174174 telemedicine TELEHEALTH; and18
175175 SECTION 5. In Colorado Revised Statutes, amend 12-315-30519
176176 as follows:20
177177 12-315-305. Prescribing medication through telehealth.21
178178 (1) (a) Except as provided in subsection (3) SUBSECTIONS (1)(b) AND22
179179 (1)(c) of this section, only a licensed veterinarian with an established23
180180 veterinarian-client-patient relationship may prescribe medication through24
181181 telemedicine A LICENSED VETERINARIAN MAY USE TELEHEALTH TO ORDER ,25
182182 PRESCRIBE, OR MAKE AVAILABLE A PRESCRIPTION DRUG IN ACCORDANCE26
183183 WITH ALL APPLICABLE STATE AND FEDERAL LAWS .27
184184 SB25-159
185185 -6- (b) A licensed veterinarian USING TELEHEALTH shall use1
186186 professional judgment when determining if it is appropriate to prescribe2
187187 medication through telemedicine NOT ORDER, PRESCRIBE, OR MAKE3
188188 AVAILABLE A PRESCRIPTION DRUG THAT IS A CONTROLLED SUBSTANCE , AS4
189189 DEFINED IN SECTION 18-18-102 (5), UNLESS THE VETERINARIAN HAS5
190190 PREVIOUSLY PERFORMED AN IN-PERSON, PHYSICAL EXAMINATION OF THE6
191191 PATIENT OR MADE MEDICALLY APPROPRIATE AND TIMELY VISITS TO THE7
192192 PREMISES WHERE THE PATIENT IS KEPT.8
193193 (c) A
194194 LICENSED VETERINARIAN USING TELEHEALTH SHALL NOT9
195195 ORDER, PRESCRIBE, OR MAKE AVAILABLE A PRESCRIPTION DRUG THAT IS10
196196 AN ANTIMICROBIAL DRUG FOR A PERIOD LONGER THAN FOURTEEN DAYS OF11
197197 TREATMENT. THE VETERINARIAN SHALL NOT ISSUE ANY ADDITIONAL12
198198 ANTIMICROBIAL DRUG PRESCRIPTION , INCLUDING A REFILL, UNLESS THE13
199199 VETERINARIAN HAS CONDUCTED AN IN -PERSON, PHYSICAL EXAMINATION14
200200 OF THE PATIENT.15
201201 (2) A licensed veterinarian who prescribes medication through16
202202 telemedicine
203203 TELEHEALTH is subject to the limitations on prescriptions17
204204 specified in section 12-30-109.18
205205 (3) In accordance with section 12-315-105 (2)(b)
206206 RELATING TO19
207207 EMERGENCY VETERINARY SITUATIONS , a licensed veterinarian who does20
208208 not have an established veterinarian-client-patient relationship with an21
209209 animal and its owner may use telemedicine
210210 TELEHEALTH to administer,22
211211 distribute, or dispense a prescription drug that has been prescribed by23
212212 another licensed veterinarian who has an established24
213213 veterinarian-client-patient relationship.25
214214 SECTION 6. In Colorado Revised Statutes, 12-315-306, repeal26
215215 (4) as follows:27
216216 SB25-159
217217 -7- 12-315-306. Referrals. (4) (a) A veterinary specialist to whom1
218218 a patient is referred shall not prescribe medications to the patient unless2
219219 the veterinary specialist establishes a veterinarian-client-patient3
220220 relationship through an in-person, physical examination of the patient.4
221221 (b) The licensed veterinarian with the established5
222222 veterinarian-client-patient relationship may prescribe medications to the6
223223 patient after consultation with the veterinary specialist to whom the7
224224 patient was referred.8
225225 SECTION 7. In Colorado Revised Statutes, 12-315-307, amend9
226226 (1) and (2) introductory portion as follows:10
227227 12-315-307. Supervision using telehealth - rules. (1) A licensed11
228228 veterinarian may, provide, at the veterinarian's discretion, telesupervision12
229229 of USE TELEHEALTH TO SUPERVISE A registered veterinary technicians13
230230 TECHNICIAN for tasks that do not require direct or immediate supervision,14
231231 pursuant to board rules.15
232232 (2) A supervising licensed veterinarian who has an established16
233233 veterinarian-client-patient relationship may use telesupervision17
234234 TELEHEALTH to supervise registered veterinary technicians who are not18
235235 located on the same premises as the supervising veterinarian if:19
236236 SECTION 8. In Colorado Revised Statutes, amend 12-315-30820
237237 as follows:21
238238 12-315-308. Emergency care - continuity of care. (1) A22
239239 licensed veterinarian who practices veterinary medicine through23
240240 telemedicine shall be available in person at a veterinary premises that is24
241241 accessible to the client and patient or shall arrange for another licensed25
242242 veterinarian in Colorado to be at a veterinary premises that is accessible26
243243 to the client and patient in case of an emergency or for necessary27
244244 SB25-159
245245 -8- follow-up evaluations.1
246246 (2) A licensed veterinarian shall provide the A client with a plan2
247247 for emergency or follow-up care when providing veterinary services3
248248 through telemedicine TELEHEALTH.4
249249 SECTION 9. Act subject to petition - effective date. This act5
250250 takes effect at 12:01 a.m. on the day following the expiration of the6
251251 ninety-day period after final adjournment of the general assembly; except7
252252 that, if a referendum petition is filed pursuant to section 1 (3) of article V8
253253 of the state constitution against this act or an item, section, or part of this9
254254 act within such period, then the act, item, section, or part will not take10
255255 effect unless approved by the people at the general election to be held in11
256256 November 2026 and, in such case, will take effect on the date of the12
257257 official declaration of the vote thereon by the governor.13
258258 SB25-159
259259 -9-