Assembly Bill A6745

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6745
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law, in relation to permitting veterinari-
   ans to provide telehealth services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new section 6705-b
 to read as follows:
   § 6705-B. VETERINARIAN  TELEHEALTH. 1. A VETERINARIAN MAY PROVIDE CARE
 VIA TELEHEALTH SERVICES IF HE OR SHE COMPLIES WITH ALL OF THE  FOLLOWING
 CONDITIONS:
   (A)  ENSURE THAT THE CLIENT KNOWS THE IDENTITY AND CONTACT INFORMATION
 OF THE VETERINARIAN PROVIDING THE TELEHEALTH SERVICE. UPON REQUEST,  THE
 VETERINARIAN  SHALL  PROVIDE  HIS OR HER LICENSURE INFORMATION INCLUDING
 THE NAME OF THE STATE WHERE HE OR SHE IS LICENSED AND HIS OR HER LICENSE
 NUMBER.
   (B) ENSURE THAT THE TECHNOLOGY METHOD AND EQUIPMENT  USED  TO  PROVIDE
 TELEHEALTH SERVICES COMPLIES WITH ALL CURRENT PRIVACY-PROTECTION LAWS.
   (C)  EMPLOY  SOUND  PROFESSIONAL  JUDGMENT  TO DETERMINE WHETHER USING
 TELEHEALTH IS AN APPROPRIATE METHOD FOR  DELIVERING  MEDICAL  ADVICE  OR
 TREATMENT TO THE ANIMAL PATIENT.
   (D)  HAVE  SUFFICIENT  KNOWLEDGE OF THE ANIMAL PATIENT TO RENDER TELE-
 HEALTH SERVICES DEMONSTRATED BY SATISFYING AT LEAST ONE OF  THE  FOLLOW-
 ING:  (I)  HAVE  RECENTLY  EXAMINED THE ANIMAL PATIENT IN PERSON OR HAVE
 OBTAINED CURRENT KNOWLEDGE OF THE ANIMAL  PATIENT  THROUGH  THE  USE  OF
 INSTRUMENTATION  AND  DIAGNOSTIC  EQUIPMENT  THROUGH  WHICH  IMAGES  AND
 MEDICAL  RECORDS  MAY  BE  TRANSMITTED  ELECTRONICALLY;  OR  (II)   HAVE
 CONDUCTED  MEDICALLY APPROPRIATE AND TIMELY VISITS TO THE PREMISES WHERE
 THE GROUP OF ANIMAL PATIENTS IS KEPT.
   (E) ACT WITHIN THE SCOPE OF HIS OR HER PRACTICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10791-01-3
 A. 6745                             2
              

 
   (F) EXERCISE THE SAME STANDARD OF CARE APPLICABLE  TO  A  TRADITIONAL,
 IN-PERSON VETERINARY CARE SERVICE.
   (G)  MAKE  HIMSELF  OR HERSELF READILY AVAILABLE TO THE ANIMAL PATIENT
 FOR FOLLOW UP VETERINARY SERVICES OR ENSURE THERE  IS  ANOTHER  SUITABLE
 PROVIDER AVAILABLE FOR FOLLOW UP CARE.
   2.  CONSENT  FOR MEDICAL ADVICE AND TREATMENT UNDER THIS SECTION SHALL
 BE OBTAINED BEFORE PROVIDING A TELEHEALTH SERVICE. EVIDENCE  OF  CONSENT
 FOR  MEDICAL  ADVICE  AND  TREATMENT  MUST  BE  MAINTAINED IN THE ANIMAL
 PATIENT'S MEDICAL RECORD.
   3. A VETERINARIAN PROVIDING A TELEHEALTH SERVICE MAY PRESCRIBE A  DRUG
 IF  THE  VETERINARIAN  IS A PRESCRIBER ACTING WITHIN THE SCOPE OF HIS OR
 HER PRACTICE AND IN COMPLIANCE WITH THIS ARTICLE.
   4. FOR PURPOSES OF THIS SECTION, "TELEHEALTH" SHALL MEAN  THE  USE  OF
 ELECTRONIC  INFORMATION AND COMMUNICATION TECHNOLOGIES BY A VETERINARIAN
 TO DELIVER ANIMAL HEALTH CARE SERVICES, WHICH SHALL INCLUDE THE  ASSESS-
 MENT,  DIAGNOSIS,  CONSULTATION,  TREATMENT,  AND  CARE MANAGEMENT OF AN
 ANIMAL PATIENT. TELEHEALTH SHALL NOT INCLUDE  DELIVERY  OF  HEALTH  CARE
 SERVICES  BY MEANS OF FACSIMILE MACHINES, OR ELECTRONIC MESSAGING ALONE,
 THOUGH USE OF THESE TECHNOLOGIES IS NOT PRECLUDED IF USED IN CONJUNCTION
 WITH TELEMEDICINE, STORE AND FORWARD TECHNOLOGY, OR REMOTE PATIENT MONI-
 TORING.
   § 2. This act shall take effect immediately.