First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0604.01 Christopher McMichael x4775 SENATE BILL 25-159 Senate Committees House Committees Agriculture & Natural Resources A BILL FOR AN ACT C ONCERNING THE USE OF VETERINARY TELEHEALTH .101 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 .) The bill modifies certain laws related to the practice of veterinary telehealth. Under current law, in order to practice veterinary telehealth in Colorado, a licensed veterinarian must establish a veterinarian-client-patient relationship (VCPR) through an in-person, physical examination of the animal (patient) or by a medically appropriate and timely visit to the premises where the animal is kept. The bill allows a veterinarian to establish a VCPR through telehealth. An in-person, physical examination of the patient or visit to the SENATE SPONSORSHIP Winter F. and Cutter, HOUSE SPONSORSHIP (None), 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. premises is not necessary, and the veterinarian may establish the VCPR through an electronic examination using synchronous audio-video based communication technology. The bill clarifies the definition of "telehealth" and changes references throughout current law from "telemedicine" to "telehealth". Under current law, a licensed veterinarian is prohibited from prescribing drugs to a patient through telehealth unless the veterinarian has conducted an in-person, physical examination of the patient. The bill removes that requirement and permits a veterinarian to prescribe drugs to a patient through telehealth as long as the veterinarian has established a VCPR and follows certain requirements. However, the bill still requires an in-person, physical examination of the patient in order to prescribe the patient a controlled substance or an antimicrobial for longer than 14 days. The bill removes the requirement under current law that a veterinarian who uses telehealth be available in person at a veterinary premises that is accessible to the client and patient for follow-up evaluations. The bill also repeals a provision in current law that prohibits a veterinary specialist to whom a patient has been referred from prescribing medication to the patient unless that veterinary specialist has established a VCPR through an in-person, physical examination of the patient. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 12-315-104, amend2 (19)(a)(II) 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 the6 relationship established when:7 (II) There is sufficient knowledge of an animal by the veterinarian8 to initiate at least a general or preliminary diagnosis of the medical9 condition of the animal, which means that the veterinarian has recently 10 seen and is personally acquainted with the keeping and care of the animal11 by virtue of:12 (A) An in-person, physical examination of the animal;13 SB25-159-2- (B) AN ELECTRONIC EXAMINATION USING A SYNCHRONOUS1 AUDIO-VIDEO BASED COMMUNICATION TECHNOLOGY ; or by2 (C) A medically appropriate and timely visits VISIT to the premises3 where the animal is kept; and4 SECTION 2. In Colorado Revised Statutes, amend 12-315-3015 as follows:6 12-315-301. Definitions - rules. As used in this part 3, unless the7 context otherwise requires:8 (1) "Tele-advice" means the provision of any health information,9 opinion, or guidance by a veterinary professional that is not intended to10 diagnose, treat, or issue prognoses of an animal's, or group of animals',11 physical or behavioral illness or injury. A veterinarian-client-patient12 relationship is not required to provide tele-advice.13 (2) "Teleconsulting" means a veterinarian who communicates14 with a veterinary specialist or other qualified expert using15 telecommunications technology to gain insight or advice regarding the16 care of a patient.17 (3) "Tele-education" means the use of information and18 telecommunications technology for distance learning.19 (4) (a) (1) "Telehealth" means the use of telecommunications20 technology to provide veterinary services or to collect and deliver21 veterinary health information or education virtually and can encompass22 general veterinary services or patient-specific veterinary services A23 METHOD OF DELIVERY OF VETERINARY HEALTH -CARE SERVICES THROUGH24 TELECOMMUNICATION SYSTEMS , INCLUDING INFORMATION, ELECTRONIC,25 AND COMMUNICATION TECHNOLOGIES , TO FACILITATE THE ASSESSMENT,26 DIAGNOSIS, OR TREATMENT OF A PATIENT WHILE THE PATIENT IS LOCATED27 SB25-159 -3- AT ONE SITE AND THE VETERINARIAN IS LOCATED AT A DIFFERENT SITE .1 (b) "Telehealth" may include tele-advice, teleconsulting,2 tele-education, telemedicine, telemonitoring, telereferral, telesupervision,3 teletriage, and other tools that help veterinary professionals deliver4 veterinary education and services virtually.5 (5) "Telemedicine" means the remote practice of veterinary6 medicine through the use of telecommunications technology that allows7 a licensed veterinarian with an established veterinarian-client-patient8 relationship to evaluate, diagnose, and treat a patient virtually.9 (6) "Telemonitoring" means the use of telecommunications10 technology to augment veterinary services by collecting and delivering11 health information from a patient.12 (7) "Telereferral" means a veterinarian with an established13 veterinarian-client-patient relationship who refers the client to a14 veterinary specialist to provide veterinary services using15 telecommunications technology under the established16 veterinarian-client-patient relationship.17 (8) "Telesupervision" means the supervision of individuals18 providing veterinary services using media such as audio, audio-visual19 conferencing, text messaging, e-mail, or other virtual or digital20 technologies.21 (9) "Teletriage" means the safe, appropriate, and timely22 assessment of an animal, or a group of animals, under conditions of23 uncertainty and urgency, and the possible referral to a licensed24 veterinarian, after discussion with the individual responsible for the25 animal or group of animals, using telecommunications technology. A26 veterinarian-client-patient relationship is not required for such an27 SB25-159 -4- assessment or referral. "Teletriage" does not include the rendering of a1 diagnosis but may include the provision of tele-advice.2 (10) (2) "Veterinary specialist" means a veterinarian who is3 formally recognized as a specialist from a specialty organization that is4 recognized by the American Veterinary Medical Association's American5 Board of Veterinary Specialties, or its successor organization, or another6 association that recognizes veterinary specialists that the state board of7 veterinary medicine has approved by rule.8 SECTION 3. In Colorado Revised Statutes, 12-315-302, amend9 (2)(a) and (3) as follows:10 12-315-302. Veterinarian-client-patient relationship -11 telehealth. (2) (a) A veterinarian-client-patient relationship must be12 established by:13 (I) An in-person, physical examination of the animal;14 (II) A N ELECTRONIC EXAMINATION USING A SYNCHRONOUS15 AUDIO-VIDEO BASED COMMUNICATION TECHNOLOGY ; or16 (III) A MEDICALLY APPROPRIATE AND timely visits VISIT to the17 premises where the animal is kept.18 (3) An established veterinarian-client-patient relationship may be19 maintained through examinations that occur using telecommunications20 technology. in between appropriate in-person, physical examinations or21 visits to the premises where the patient is kept.22 SECTION 4. In Colorado Revised Statutes, 12-315-303, amend23 (1), (2), and (4)(b)(II) as follows:24 12-315-303. Treatment of patients using telehealth - licensure25 - technology - consent. (1) (a) A person AN INDIVIDUAL must be26 licensed to practice veterinary medicine in Colorado in order to practice27 SB25-159 -5- telemedicine TELEHEALTH in Colorado.1 (b) A person AN INDIVIDUAL who is not a licensed veterinarian in2 Colorado and who uses telemedicine TELEHEALTH to provide veterinary3 services to animals and individuals responsible for the animals engages4 in the unauthorized practice of veterinary medicine. Such person5 INDIVIDUAL is subject to penalties for the unauthorized practice of6 veterinary medicine pursuant to section 12-315-114.7 (2) A licensed veterinarian shall employ sound, professional8 judgment when determining whether to provide veterinary services to a9 patient through telemedicine TELEHEALTH and shall use telemedicine10 TELEHEALTH only when such use is medically appropriate based on the11 patient's condition.12 (4) (b) A veterinary professional using telehealth to provide13 veterinary services shall inform the client, or the client's authorized14 representative, of:15 (II) Whether, in the veterinarian's professional opinion, the16 patient's condition can be accurately diagnosed or treated using17 telemedicine TELEHEALTH; and18 SECTION 5. In Colorado Revised Statutes, amend 12-315-30519 as follows:20 12-315-305. Prescribing medication through telehealth.21 (1) (a) Except as provided in subsection (3) SUBSECTIONS (1)(b) AND22 (1)(c) of this section, only a licensed veterinarian with an established23 veterinarian-client-patient relationship may prescribe medication through24 telemedicine A LICENSED VETERINARIAN MAY USE TELEHEALTH TO ORDER ,25 PRESCRIBE, OR MAKE AVAILABLE A PRESCRIPTION DRUG IN ACCORDANCE26 WITH ALL APPLICABLE STATE AND FEDERAL LAWS .27 SB25-159 -6- (b) A licensed veterinarian USING TELEHEALTH shall use1 professional judgment when determining if it is appropriate to prescribe2 medication through telemedicine NOT ORDER, PRESCRIBE, OR MAKE3 AVAILABLE A PRESCRIPTION DRUG THAT IS A CONTROLLED SUBSTANCE , AS4 DEFINED IN SECTION 18-18-102 (5), UNLESS THE VETERINARIAN HAS5 PREVIOUSLY PERFORMED AN IN-PERSON, PHYSICAL EXAMINATION OF THE6 PATIENT OR MADE MEDICALLY APPROPRIATE AND TIMELY VISITS TO THE7 PREMISES WHERE THE PATIENT IS KEPT.8 (c) A LICENSED VETERINARIAN USING TELEHEALTH SHALL NOT9 ORDER, PRESCRIBE, OR MAKE AVAILABLE A PRESCRIPTION DRUG THAT IS10 AN ANTIMICROBIAL DRUG FOR A PERIOD LONGER THAN FOURTEEN DAYS OF11 TREATMENT. THE VETERINARIAN SHALL NOT ISSUE ANY ADDITIONAL12 ANTIMICROBIAL DRUG PRESCRIPTION , INCLUDING A REFILL, UNLESS THE13 VETERINARIAN HAS CONDUCTED AN IN -PERSON, PHYSICAL EXAMINATION14 OF THE PATIENT.15 (2) A licensed veterinarian who prescribes medication through16 telemedicine TELEHEALTH is subject to the limitations on prescriptions17 specified in section 12-30-109.18 (3) In accordance with section 12-315-105 (2)(b) RELATING TO19 EMERGENCY VETERINARY SITUATIONS , a licensed veterinarian who does20 not have an established veterinarian-client-patient relationship with an21 animal and its owner may use telemedicine TELEHEALTH to administer,22 distribute, or dispense a prescription drug that has been prescribed by23 another licensed veterinarian who has an established24 veterinarian-client-patient relationship.25 SECTION 6. In Colorado Revised Statutes, 12-315-306, repeal26 (4) as follows:27 SB25-159 -7- 12-315-306. Referrals. (4) (a) A veterinary specialist to whom1 a patient is referred shall not prescribe medications to the patient unless2 the veterinary specialist establishes a veterinarian-client-patient3 relationship through an in-person, physical examination of the patient.4 (b) The licensed veterinarian with the established5 veterinarian-client-patient relationship may prescribe medications to the6 patient after consultation with the veterinary specialist to whom the7 patient was referred.8 SECTION 7. In Colorado Revised Statutes, 12-315-307, amend9 (1) and (2) introductory portion as follows:10 12-315-307. Supervision using telehealth - rules. (1) A licensed11 veterinarian may, provide, at the veterinarian's discretion, telesupervision12 of USE TELEHEALTH TO SUPERVISE A registered veterinary technicians13 TECHNICIAN for tasks that do not require direct or immediate supervision,14 pursuant to board rules.15 (2) A supervising licensed veterinarian who has an established16 veterinarian-client-patient relationship may use telesupervision17 TELEHEALTH to supervise registered veterinary technicians who are not18 located on the same premises as the supervising veterinarian if:19 SECTION 8. In Colorado Revised Statutes, amend 12-315-30820 as follows:21 12-315-308. Emergency care - continuity of care. (1) A22 licensed veterinarian who practices veterinary medicine through23 telemedicine shall be available in person at a veterinary premises that is24 accessible to the client and patient or shall arrange for another licensed25 veterinarian in Colorado to be at a veterinary premises that is accessible26 to the client and patient in case of an emergency or for necessary27 SB25-159 -8- follow-up evaluations.1 (2) A licensed veterinarian shall provide the A client with a plan2 for emergency or follow-up care when providing veterinary services3 through telemedicine TELEHEALTH.4 SECTION 9. Act subject to petition - effective date. This act5 takes effect at 12:01 a.m. on the day following the expiration of the6 ninety-day period after final adjournment of the general assembly; except7 that, if a referendum petition is filed pursuant to section 1 (3) of article V8 of the state constitution against this act or an item, section, or part of this9 act within such period, then the act, item, section, or part will not take10 effect unless approved by the people at the general election to be held in11 November 2026 and, in such case, will take effect on the date of the12 official declaration of the vote thereon by the governor.13 SB25-159 -9-