Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H355 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 4096 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 355
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mark J. Cusack
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to animal telehealth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Mark J. Cusack5th Norfolk1/17/2025 1 of 6
16	16	HOUSE DOCKET, NO. 4096 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 355
18	18	By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 355) of
19	19	Mark J. Cusack relative to animal telehealth. Consumer Protection and Professional Licensure.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act relative to animal telehealth.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 54A of chapter 112 of the General Laws, as appearing in the most
29	29	2recent edition, is hereby amended by inserting at the end thereof the following:-
30	30	3 “Veterinarian-client Patient Relationship (VCPR)”, (a) the veterinarian has assumed the
31	31	4responsibility for making clinical judgments regarding the health of the patient and the client has
32	32	5agreed to follow the veterinarian's instructions; (b) the veterinarian has sufficient knowledge of
33	33	6the patient to initiate at least a general or preliminary diagnosis of the medical condition of the
34	34	7patient. This means that the veterinarian and/or his or her veterinary practice has recently seen,
35	35	8or is personally acquainted with, the care of the animal patient by doing any of the following: (1)
36	36	9examining the animal patient in person, or (2) examining the animal patient by use of
37	37	10synchronous audio-video communication, or (3) making medically appropriate and timely visits
38	38	11to the premises on which the animal patient is kept; (c) the veterinarian is readily available for
39	39	12follow-up evaluation or has arranged for the following: veterinary emergency coverage and 2 of 6
40	40	13continuing care and treatment; (d) the VCPR shall extend to associate veterinarians within the
41	41	14same practice.
42	42	15 SECTION 2. Section 58A1/2 of the General Laws, as appearing in the most recent
43	43	16edition, is hereby amended by striking subsection (b) and inserting place thereof the following:-
44	44	17 (b) A veterinarian may dispense a compounded drug to a companion animal if: (i) the
45	45	18companion animal is a patient within a valid veterinarian-client-patient relationship; (ii) the
46	46	19quantity dispensed does not exceed a 120 hour supply; (iii) the compounded drug is for the
47	47	20treatment of an emergency condition; and (iv) timely access to a compounding pharmacy is not
48	48	21available, as determined by the prescribing veterinarian.
49	49	22 SECTION 3. Chapter 112 of the General Laws, as appearing in the most recent edition, is
50	50	23hereby amended by inserting the following new section:-
51	51	24 Section 55C. (a) A veterinarian shall not prescribe, dispense, or administer a drug,
52	52	25medicine, application, or treatment of whatever nature for the prevention, cure, or relief of a
53	53	26wound, fracture, bodily injury, or disease of animals unless a veterinarian-client-patient
54	54	27relationship exists or as otherwise permitted by law, except when the animal patient is a wild
55	55	28animal or the owner of the animal patient is unknown. A veterinarian-client-patient relationship
56	56	29exists if all of the following conditions are met:
57	57	30 (1) The client has authorized the veterinarian to assume responsibility for medical
58	58	31judgments regarding the health of the animal patient; and
59	59	32 (2) The veterinarian possesses sufficient knowledge of the animal patient to initiate at
60	60	33least a general or preliminary diagnosis of the animal patient’s medical condition; and 3 of 6
61	61	34 (3) The veterinarian has assumed responsibility for making medical judgments regarding
62	62	35the health of the animal patient and has communicated with the client a medical, treatment,
63	63	36diagnostic, or therapeutic plan appropriate to the circumstances.
64	64	37 (b) A veterinarian possesses sufficient knowledge of the animal patient for if the
65	65	38veterinarian has recently seen, or is personally acquainted with, the care of the animal patient by
66	66	39doing any of the following:
67	67	40 (1) Examining the animal patient in person; or
68	68	41 (2) Examining the animal patient by use of synchronous audio-video communication; or
69	69	42 (3) Making medically appropriate and timely visits to the premises on which the animal
70	70	43patient is kept.
71	71	44 (c) For purposes of paragraphs (1) and (3) of subsection (a), the client may authorize an
72	72	45agent to act on the client’s behalf.
73	73	46 (d) Synchronous audio-video communication is not required for the delivery of veterinary
74	74	47medicine via telehealth after a veterinarian-client-patient relationship has been established unless
75	75	48the veterinarian determines that it is necessary in order to provide care consistent with prevailing
76	76	49veterinary medical practice.
77	77	50 (e) A veterinarian-client-patient relationship shall not be established solely by audio-only
78	78	51communication or by means of a questionnaire.
79	79	52 (f) Only a person who holds a current license to practice veterinary medicine in this state
80	80	53is authorized to practice veterinary medicine via telehealth on an animal patient located in this
81	81	54state. 4 of 6
82	82	55 (g) Before delivering veterinary medicine via telehealth, the veterinarian shall inform the
83	83	56client about the use and potential limitations of telehealth and obtain consent from the client to
84	84	57use telehealth, including acknowledgment of all of the following:
85	85	58 (1) The same standards of care apply to veterinary medicine services via telehealth and
86	86	59in-person veterinary medical services; and
87	87	60 (2) The client has the option to choose an in-person visit from a veterinarian at any time;
88	88	61and
89	89	62 (3) The client has been advised how to receive follow-up care or assistance in the event
90	90	63of an adverse reaction to the treatment or in the event of an inability to communicate resulting
91	91	64from technological or equipment failure.
92	92	65 (h) A veterinarian who practices veterinary medicine via telehealth shall do all of the
93	93	66following:
94	94	67 (1) Ensure that the technology, method, and equipment used to provide veterinary
95	95	68medicine services via telehealth comply with all current privacy protection laws.
96	96	69 (2) Have historical knowledge of the animal patient by obtaining and reviewing the
97	97	70animal patient’s relevant medical history, and, if available, medical records. If medical records
98	98	71exist from a previous in-person visit and are available to the client, the client may transmit those
99	99	72records, including any diagnostic data contained therein, to the veterinarian electronically.
100	100	73 (3) Employ sound professional judgment to determine whether using telehealth is an
101	101	74appropriate method for delivering medical advice or treatment to the animal patient and
102	102	75providing quality of care consistent with prevailing veterinary medical practice. 5 of 6
103	103	76 (4) Be familiar with available medical resources, including emergency resources near the
104	104	77animal patient’s location, be able to provide the client with a list of nearby veterinarians who
105	105	78may be able to see the animal patient in person upon the request of the client, and keep, maintain,
106	106	79and make available a summary of the animal patient record.
107	107	80 (5) Provide the client with the veterinarian’s name, contact information, and license
108	108	81number.
109	109	82 (6) Secure an alternative means of contacting the client if the electronic means is
110	110	83interrupted.
111	111	84 (i)(1) A veterinarian shall not prescribe a drug for a duration of time that is inconsistent
112	112	85with the medical condition of the animal patient or the type of drug prescribed.
113	113	86 (2) A veterinarian who established the required veterinarian-client-patient relationship by
114	114	87examining the animal patient in person or by making medically appropriate and timely visits to
115	115	88the premises on which the animal patient is kept shall not prescribe a drug for a duration of time
116	116	89that is longer than one year from the date that the veterinarian examined the animal patient in
117	117	90person or visited the premises and prescribed the drug.
118	118	91 (3) Except as provided in paragraphs (4) to (7), inclusive, of this subsection, a
119	119	92veterinarian who practices veterinary medicine via telehealth may order, prescribe, or make
120	120	93available drugs, as defined in Section 1 of Massachusetts Controlled Substance Act (Title XV
121	121	94Chapter 94C), in accordance with all relevant state and federal regulations.
122	122	95 (4) A veterinarian who established the required veterinarian-client-patient relationship
123	123	96using synchronous audio-video communication shall not prescribe a drug to the animal patient 6 of 6
124	124	97for use for a period longer than six months from the date upon which the veterinarian examined
125	125	98the animal patient or prescribed the drug. The veterinarian shall not issue another prescription to
126	126	99the animal patient for the same drug unless they have conducted another examination of the
127	127	100animal patient, either in person or using telehealth.
128	128	101 (5) A veterinarian who established the required veterinarian-client-patient relationship
129	129	102using synchronous audio-video communication shall not prescribe an antimicrobial drug to the
130	130	103animal patient for a period longer than 14 days of treatment. The veterinarian shall not issue any
131	131	104further antimicrobial drug prescription, including a refill, to treat the condition of the animal
132	132	105patient unless the veterinarian has conducted an in-person examination of the animal patient.
133	133	106 (6) The veterinarian shall not order, prescribe, or make available a controlled substance,
134	134	107as defined in Section 1 of Massachusetts Controlled Substance Act (Title XV Chapter 94C), or
135	135	108xylazine, unless the veterinarian has performed an in-person physical examination of the animal
136	136	109patient or made medically appropriate and timely visits to the premises where the animal patient
137	137	110is kept.
138	138	111 (7) The veterinarian shall notify the client that some prescription drugs or medications
139	139	112may be available at a pharmacy and, if requested, the veterinarian shall submit a prescription to a
140	140	113pharmacy that the client chooses.
141	141	114 (j) A veterinarian is permitted to use telehealth without establishing a veterinarian-client-
142	142	115patient relationship in order to provide advice in an emergency.