- Beginning acupuncture treatment on an animal only if the animal has been seen by a veterinary practitioner within the previous 14 days;
- Adhering to the terms and conditions of treatment decided by the veterinary practitioner, including the degree of communication and collaboration between the veterinary practitioner and the person practicing acupuncture;
- Reporting to the veterinary practitioner at the end of treatment or at monthly intervals, at the discretion of the veterinary practitioner; and
- Not working on an animal for which the person has not been appropriately trained, in accordance with regulations adopted by the Board of Acupuncture; and
(v) Has successfully completed a specialty training program in animal acupuncture that:
- Is approved by the Board of Acupuncture;
- Is offered by a school holding nationally recognized accreditation;
- Consists of at least 135 hours; and
- Enables the person to:
- Design effective treatments of animals based on traditional acupuncture theories and principles, including appropriate knowledge of functional animal anatomy and physiology;
- Handle and restrain animals to the extent appropriate in the practice of acupuncture;
- Demonstrate sufficient knowledge of animal diseases and zoonoses that would require the immediate attention of a veterinary practitioner; and
- Communicate effectively with a veterinary practitioner;
(2) A person may not:
Practice as a veterinary technician unless employed by a veterinary practitioner.Physical Therapy Practice Act
"Licensed physical therapist" means an individual licensed by the Board to practice physical therapy in Maryland.
"Physical therapy aide" or "aide" means a person who performs certain physical therapy duties under the direct supervision of a licensed physical therapist. This individual may be known, also, as a physical therapy technician, a rehabilitation technician, an athletic trainer, or be described by some other similar title.
April 2021 – New York
Below is the continuation of the "Legislative Update" article about the State Practice Acts of New York, written by Dr. Theresa Pancotto, AARV's legislative liaison, and appearing in the April 2021 AARV newsletter.
New York
Veterinary Practice Act
§6701. Definition of practice of veterinary medicine.
The practice of the profession of veterinary medicine is defined as diagnosing, treating, operating, or prescribing for any animal disease, pain, injury, deformity or dental or physical condition, or the subcutaneous insertion of a microchip intended to be used to identify an animal. "Animal" includes every living creature except a human being. Notwithstanding the foregoing provisions of this section, no provisions of this section shall be construed to include the floating of equine teeth as being within the practice of veterinary medicine.§6713. Special provisions.
- An unlicensed person may provide supportive services to a veterinarian, including but not limited to administering oral or topical medications, incidental to and/or concurrent with such veterinarian personally performing a service or procedure, provided such supportive services do not require a knowledge of veterinary science.
Physical Therapy Practice Act
§ 6731. Definition of physical therapy.
Physical therapy is defined as:- The evaluation, treatment or prevention of disability, injury, disease, or other condition of health using physical, chemical, and mechanical means including, but not limited to heat, cold, light, air, water, sound, electricity, massage, mobilization, and therapeutic exercise with or without assistive devices, and the performance and interpretation of tests and measurements to assess pathophysiological, pathomechanical, and developmental deficits of human systems to determine treatment, and assist in diagnosis and prognosis.
- The use of roentgen rays or radium, or the use of electricity for surgical purposes such as cauterization shall not be included in the practice of physical therapy.
- Such treatment shall be rendered pursuant to a referral which may be directive as to treatment by a licensed physician, dentist, podiatrist, nurse practitioner or licensed midwife, each acting within his or her lawful scope of practice, and in accordance with their diagnosis, except as provided in subdivision d of this section.
- Such treatment may be rendered by a licensed physical therapist for ten visits or thirty days, whichever shall occur first, without a referral from a physician, dentist, podiatrist, nurse practitioner or licensed midwife provided that:
- The licensed physical therapist has practiced physical therapy on a full time basis equivalent to not less than three years.
- Each physical therapist licensed pursuant to this article shall provide written notice to each patient receiving treatment absent a referral from a physician, dentist, podiatrist, nurse practitioner or licensed midwife that physical therapy may not be covered by the patient's health care plan or insurer without such a referral and that such treatment may be a covered expense if rendered pursuant to a referral. The physical therapist shall keep on file with the patient's records a form attesting to the patient's notice of such advice. Such form shall be in duplicate, with one copy to be retained by the patient, signed and dated by both the physical therapist and the patient in such form as prescribed pursuant to regulations promulgated by the commissioner.
§ 6732. Practice of physical therapy and the use of title "physical therapist".
Only a person licensed or otherwise authorized under this article shall practice physical therapy or use the title "physical therapist", "physiotherapist" or "mechanotherapist" or the abbreviation of "P.T." in connection with his or her name or with any trade name in the conduct of his profession.March 2021 – Pennsylvania
Below is the continuation of the "Legislative Update" article about the State Practice Acts of Pennsylvania, written by Dr. Theresa Pancotto, AARV's legislative liaison, and appearing in the March 2021 AARV newsletter.
Pennsylvania
Veterinary Practice Act
Section 3
(10) "Practice of veterinary medicine" includes, but is not limited to, the practice by any person who (i) diagnoses, treats, corrects, changes, relieves or prevents animal disease, deformity, injury or other physical, mental or dental conditions by any method or mode, including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique, (ii) performs a surgical operation, including cosmetic surgery, upon any animal, (iii) performs any manual procedure upon an animal for the diagnosis or treatment of sterility or infertility of animals, (iv) represents himself as engaged in the practice of veterinary medicine, (v) offers, undertakes, or holds himself out as being able to diagnose, treat, operate, vaccinate, or prescribe for any animal disease, pain, injury, deformity, or physical condition, (vi) uses any words, letters, or titles in such connection or under such circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine and such use shall be prima facie evidence of the intention to represent himself as engaged in the practice of veterinary medicine, (vii) performs diagnostic veterinary pathology, (viii) implants electronic identification, as determined by the board, upon any animal, (ix) renders advice or recommendation by any means including the electronic transmission of data with regard to any of the above, or (x) removes any embryo from an animal for the purpose of transferring such embryo into another animal or cryopreserving such embryo, except it shall not be considered the practice of veterinary medicine when: (a) a person or his full- time employee removes or transfers an embryo from the person's own animals for the purpose of transferring or cryopreserving the embryo, so long as ownership of the animal is not transferred or employment of the person is not changed for the purpose of circumventing this act, or (b) a person independently, with indirect veterinary supervision, implants any embryo into an animal.Section 32
(6) Any nurse, laboratory technician or other employe of a licensed doctor of veterinary medicine when administering medication or rendering auxiliary or supporting assistance under the responsible supervision of such licensed practitioner, provided that this exemption shall not apply to the performance of duties by any employe other than a nurse or laboratory technician if those duties require an understanding of animal science and provided further that this exemption shall not apply to any graduate of a board-approved school or college of veterinary medicine or to any graduate of a board-approved program of animal health technology.Physical Therapy Practice Act
"Healing arts" shall mean the science and skill of diagnosis and treatment in any manner whatsoever of disease or any ailment of the human body.
"Mobilization/manual therapy" shall mean a group of techniques comprising a continuum of skilled passive movements to the joints and/or related soft tissues throughout the normal physiological range of motion that are applied at varying speeds and amplitudes, without limitation.
"Physical therapist" shall mean a person who has met all the requirements of this act and is licensed to practice physical therapy in accordance with this act.
"Physical therapy" means any of the following:
- The evaluation, examination and testing of individuals with mechanical, physiological and developmental impairments, functional limitations and disabilities, other health-related or movement-related conditions, performed to determine a diagnosis, prognosis and plan of treatment intervention within the scope of this act or to assess the ongoing effects of intervention.
- The performance of tests and measurements as an aid in diagnosis or evaluation of function and the treatment of the individual through the utilization of the effective properties of physical measures such as mechanical stimulation, heat, cold, light, air, water, electricity, sound, massage or mobilization-manual therapy.
- The use of therapeutic exercises and rehabilitative procedures, including training in functional activities, with or without the utilization of assistive devices, for the purpose of limiting or preventing disability and alleviating or correcting any physical or mental conditions.
- Reducing the risk of injury, impairment, functional limitation and disability, including the promotion and maintenance of fitness, health and wellness in populations of all ages as well as engaging in administration, consultation, education and research
Section 4. Training and License Required; Exceptions.--(a) It shall be unlawful for an individual to practice or hold himself out as being able to practice physical therapy in this State in any manner whatsoever unless such individual has met the educational requirements and is licensed in accordance with the provisions of this act. The board shall determine standards, by regulations, regarding qualifications necessary for the performance of such tests or treatment forms as the board shall determine require additional training or education beyond the educational requirements set forth by this act, as such relates to the practice of physical therapy in accordance with law. Nothing in this act, however, shall prohibit an individual trained and licensed or certified to practice or to act within the scope of his license or certification in this State under any other law, from engaging in the licensed or certified practice for which he is trained.
(b) (Deleted by amendment).
(b.1) It shall be a violation of this act for an individual or business entity to utilize in connection with a business name or activity the words "physical therapy," "physical therapist," "physiotherapy," "physiotherapist" or similar words and their related abbreviations which imply directly or indirectly that physical therapy services are being provided, including the billing of physical therapy services, unless such services are provided by a licensed physical therapist in accordance with this act: Provided, however, That nothing in this section shall limit a physician's authority to practice medicine or to bill for such practice nor limit a chiropractor's authority to practice chiropractic or to bill for such practice.
February 2021 – Colorado
Below is the continuation of the "Legislative Update" article about the State Practice Acts of Colorado, written by Dr. Theresa Pancotto, AARV's legislative liaison, and appearing in the February 2021 AARV newsletter.
Colorado
Veterinary Practice Act
12-315-105. License requirements and exceptions - definitions - rules.
(14) "Practice of veterinary medicine" means any of the following:
(a) The diagnosing, treating, correcting, changing, relieving, or preventing of animal disease, deformity, defect, injury, or other physical or mental conditions, including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique and the use of any manual or mechanical procedure for artificial insemination, for ova transplantation, for testing for pregnancy, or for correcting sterility or infertility or to render advice or recommendation with regard thereto;
(b) The representation, directly or indirectly, publicly or privately, of an ability and willingness to do an act described in subsection (14)(a) of this section;
(c) The use of any title, words, abbreviation, or letters in a manner or under circumstances that induce the belief that a person using them is qualified to do any act described in subsection (14)(a) of this section;
(d) The application of principles of environmental sanitation, food inspection, environmental pollution control, animal nutrition, zoonotic disease control, and disaster medicine as applied to an act described in subsection (14)(a) of this section.12-315-105. License requirements and exceptions - definitions - rules.
(1) No person may practice veterinary medicine in this state if the person is not a licensed veterinarian. No person may practice artificial insemination or ova transplantation of cattle or other animal species in this state except in accordance with section 12-315-106 (5)(c). This article 315 does not prohibit:(j) Any person from performing duties other than diagnosis, prescription, surgery, or initiating treatment under the direction and supervision of a licensed veterinarian who shall be responsible for the person's performance;
(m) Any person from performing massage on an animal in accordance with section 12-235-110 (1)(f);
(n) The practice of animal chiropractic pursuant to section 12-215-127;
(o) The practice of animal physical therapy pursuant to section 12-285-116 (4);12-315-106. Board of veterinary medicine - creation - powers - rules.
(8) The board shall consult with the state physical therapy board created in section 12-285-105 concerning rules that the board intends to adopt with regard to physical therapy of animals.Physical Therapy Practice Act
12-285-106. Powers and duties of board - reports - publications - rules - interstate compact - limitation on authority.
(II) Physical therapy of animals, including, without limitation, educational and clinical requirements for the performance of physical therapy of animals and the procedure for handling complaints to the department regarding physical therapy of animals. In adopting rules, the board shall consult with the state board of veterinary medicine established by section 12-315-106.
(4) Physical therapy of animals. (a) A physical therapist is authorized to perform physical therapy of animals when the physical therapy of animals is consistent with the scope of physical therapy practice. In recognition of the special authority granted by this subsection (4), the performance of physical therapy of animals in accordance with this subsection (4) shall not constitute the practice of veterinary medicine, as defined in section 12-315-104 (14), nor shall it be deemed a violation of section 12-315-105.
12-285-116. Special practice authorities and requirements - definition - rules.
(b) In recognition of the emerging field of physical therapy of animals, before commencing physical therapy of an animal, a physical therapist shall obtain veterinary medical clearance of the animal by a veterinarian licensed under article 315 of this title 12.Massage Therapy Practice Act
12-235-110. Scope of article - exclusions - authority for clinical setting - definitions.
(I) The practice of animal massage if the person performing massage on an animal:
(A) Does not prescribe drugs, perform surgery, or diagnose medical conditions; and
(B) Has earned a degree or certificate in animal massage from a school approved by the private occupational school division of the Colorado department of higher education under article 64 of title 23, an out-of-state school offering an animal massage program with an accreditation recognized by the United States department of education, or a school that is exempt under section 23-64-104.(II) As used in this subsection (1)(f), "animal massage" means a method of treating the body of an animal for remedial or hygienic purposes through techniques that include rubbing, stroking, kneading, or tapping with the hand or an instrument or both, which techniques may be applied with or without the aid of a massage device that mimics the actions possible using human hands.
(3) Nothing is this article 235 prohibits the practice of massage therapy by a person who is licensed or registered to practice medicine, nursing, osteopathy, physiology, chiropractic, podiatry, cosmetology, or any other health care profession, as long as the practice is within the limits of each respective practice act.
Chiropractors’ Practice Act
https://dpo.colorado.gov/Chiropractic/Laws
12-215-103. Definitions. As used in this article 215, unless the context otherwise requires:
(2) (a) "Animal chiropractic" means diagnosing and treating animal vertebral subluxation through chiropractic adjustment of the spine or extremity articulations of fully awake dogs and equids. The chiropractic adjustment may be performed only with the hands or with the use of a handheld low-force mechanical adjusting device functionally equivalent to the device known as an activator; all other equipment is prohibited.
(b) "Animal chiropractic" does not include:
(I) Performing veterinary medical care and diagnosis;
(II) Performing surgery;
(III) Dispensing or administering medications, dietary or nutritional supplements, herbs, essences, nutraceutical products, or anything else supplied orally, rectally, by inhalation, by injection, or topically except topically applied heat or cold;
(IV) Generating radiographic images or performing imaging procedures, including thermography;
(V) Performing acupuncture, or any treatment activity other than chiropractic adjustment;
(VI) Providing magnetic or other nonmanual treatment techniques, colonics, colored- light therapy, homeopathy, radionics, or vitamin therapy;
(VII) Venipuncture;
(VIII) Making diagnoses by methods such as live cell analysis, pendulum divining, iridology, hair analysis, nutritional deficiency questionnaires, herbal crystallization analysis, or food allergy testing.
(3) "Animal vertebral subluxation" means a lesion or dysfunction in a joint or motion segment in which alignment, movement integrity, or physiological function are altered, although contact between joint surfaces remains intact, that may influence biomechanical and neural integrity. Diagnosis of animal vertebral subluxation typically involves evaluation of gait and radiographs, and static and motion palpation techniques that are used to identify joint dysfunction. Diagnosis of animal vertebral subluxation does not include methods such as applied kinesiology, reflexology, pendulum divining, or thermography.
(10) "Veterinary medical clearance" means that a veterinarian licensed under article 315 of this title 12 has examined an animal patient, has provided a diagnosis or differential diagnosis if appropriate, and has provided written clearance, which may be transmitted electronically, for animal chiropractic. The veterinary medical clearance shall precede the commencement of animal chiropractic treatment and may contain limitations on the scope, date of initiation, and duration of chiropractic treatment. Once a veterinary medical clearance has been received, the chiropractor is responsible for developing the plan of care for the animal patient's animal chiropractic.12-215-127. Animal chiropractic - registration - qualifications - continuing education - collaboration with veterinarian - discipline - title restriction - rules.
(1) (a) A licensed chiropractor who is registered under this section is authorized to perform animal chiropractic when the chiropractic diagnosis and treatment is consistent with the scope of practice for chiropractors and the licensed chiropractor performs animal chiropractic in accordance with all state and local requirements regarding animal licensing and vaccinations, including compliance with part 6 of article 4 of title 25 and section 30-15-101. A chiropractor must have the knowledge, skill, ability, and documented competency to perform an act that is within the scope of practice for chiropractors.
(b) In recognition of the special authority granted by this section, the performance of animal chiropractic in accordance with this section shall not be deemed a violation of section 12-315-105.
(c) A licensed chiropractor who is not registered under this section may perform animal chiropractic if performed under the direct, on-premises supervision of a licensed veterinarian.
(d) An individual who is not licensed as a chiropractor or a veterinarian may not perform animal chiropractic.
(2) The state board of chiropractic examiners shall regulate animal chiropractic and diagnosis, including, without limitation, educational and clinical requirements for the performance of animal chiropractic and the procedure for referring complaints to the department regarding animal chiropractic diagnosis and therapy.
(4) Educational qualifications. A licensed chiropractor who seeks registration in animal chiropractic must obtain education in the field of animal chiropractic from an accredited college of veterinary medicine, an accredited college of chiropractic, or an educational program deemed equivalent by mutual agreement of the state board of chiropractic examiners and the state board of veterinary medicine. The educational program must consist of no fewer than two hundred ten hours, include both classroom instruction and clinical experience, and culminate with a proficiency evaluation. The educational program must include the following subjects:(10) Separate treatment room. A licensed chiropractor who provides animal chiropractic diagnosis and treatment in the same facility where human patients are treated shall maintain a separate, noncarpeted room for the purpose of adjusting animals. The table and equipment used for animals shall not be used for human patients.
(11) Use of title. Only a licensed chiropractor qualified and registered in Colorado to perform animal chiropractic may use the titles "animal chiropractor", "animal adjuster", “equine chiropractor", or "equine adjuster". No chiropractor shall use the titles "veterinary chiropractor” or "veterinary adjuster" unless the chiropractor is also licensed to practice veterinary medicine in Colorado. Nothing in this section shall prohibit a licensed veterinarian from using the titles "animal adjuster" or "equine adjuster".
(13) Nothing in this section shall be construed to prohibit, limit, or alter the privileges orpractices of any other licensed profession, including veterinarians, from performing spinal, extremity, or other aspects of adjustment, manipulation, or mobilization on animals as allowed for in the scope of their respective practice acts.January 2021 – Arizona
Below is the continuation of the "Legislative Update" article about the State Practice Acts of Arizona, written by Dr. Theresa Pancotto, AARV's legislative liaison, and appearing in the January 2021 AARV newsletter.
Arizona
Veterinary Practice Act
"Veterinary Medicine" includes veterinary surgery, obstetrics, dentistry, acupuncture, manipulation and all other branches or specialties of veterinary medicine and the prescribing, administering or dispensing of drugs and medications for veterinary purposes.
32-2245 Certified veterinary technician; services; rules and regulations
A. The board shall adopt rules and regulations pertaining to and limiting the services performed by a certified veterinary technician.
B. Services performed by a certified veterinary technician shall not include surgery, diagnosis or prognosis of animal diseases or prescribing of drugs and medicine.
Physical Therapy Practice Act
9. "Physical therapist" means a person who is licensed pursuant to this chapter.
11. "Physical therapy" means the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter.
13. "Practice of physical therapy" means:
(a) Examining, evaluating and testing persons who have mechanical, physiological and developmental impairments, functional limitations and disabilities or other health and movement related conditions in order to determine a diagnosis, a prognosis and a plan of therapeutic intervention and to assess the ongoing effects of intervention.
(b) Alleviating impairments and functional limitations by managing, designing, implementing and modifying therapeutic interventions including:
- Therapeutic exercise.
- Functional training in self-care and in home, community or work reintegration.
- Manual therapy techniques.
- Therapeutic massage.
- Assistive and adaptive orthotic, prosthetic, protective and supportive devices and equipment.
- Pulmonary hygiene.
- Debridement and wound care.
- Physical agents or modalities.
- Mechanical and electrotherapeutic modalities.
- Patient related instruction.
(c) Reducing the risk of injury, impairments, functional limitations and disability by means that include promoting and maintaining a person's fitness, health and quality of life.
(d) Engaging in administration, consultation, education and research.
December 2020 – Minnesota
Below is the continuation of the "Legislative Update" article about the State Practice Acts of Minnesota, written by Dr. Theresa Pancotto, AARV's legislative liaison, and appearing in the December 2020 AARV newsletter.
Minnesota
Veterinary Practice Act
156.12 PRACTICE OF VETERINARY MEDICINE. Subdivision 1.
Practice. The practice of veterinary medicine, as used in this chapter, shall mean the diagnosis, treatment, correction, relief, or prevention of animal disease, deformity, defect, injury, or other physical or mental conditions; the performance of obstetrical procedures for animals, including determination of pregnancy and correction of sterility or infertility; and the rendering of advice or recommendations with regard to any of the above. The practice of veterinary medicine shall include but not be limited to the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique. The practice shall not be construed to include the dehorning of cattle and goats or the castration of cattle, swine, goats, and sheep, or the docking of sheep.Subd. 2. Authorized activities. No provision of this chapter shall be construed to prohibit:
.
(j) a licensed chiropractor registered under section 148.01, subdivision 1a, from practicing animal chiropractic.Subd. 4. Titles.
It is unlawful for a person who has not received a professional degree from an accredited or approved college of veterinary medicine, or ECFVG or PAVE certification, to use any of the following titles or designations: Veterinary, veterinarian, animal doctor, animal surgeon, animal dentist, animal chiropractor, animal acupuncturist, or any other title, designation, word, letter, abbreviation, sign, card, or device tending to indicate that the person is qualified to practice veterinary medicine.148.01 **Chiropractic Statute**
Subd. 1a. Animal chiropractic practice.
A licensed chiropractor may engage in the practice of animal chiropractic diagnosis and treatment if registered to do so by the board, and if the animal has been referred to the chiropractor by a veterinarian.Subd. 1b. Scope of practice; animal chiropractic.
Criteria for registration to engage in the practice of animal chiropractic diagnosis and treatment must be set by the board, and must include, but are not limited to: active chiropractic license; education and training in the field of animal chiropractic from an American Veterinary Chiropractic Association, International Veterinary Chiropractic Association, or higher institution-approved course consisting of no less than 210 hours, meeting continuing education requirements; and other conditions and rules set by the board. The board shall consult with the State Board of Veterinary Medicine in preparing proposed rules on animal chiropractic.Physical Therapy Practice Act
148.65 DEFINITIONS. Subdivision 1. Physical therapy. As used in sections 148.65 to 148.78 the term "physical therapy" means the evaluation or treatment or both of any person by the employment of physical measures and the use of therapeutic exercises and rehabilitative procedures, with or without assistive devices, for the purpose of preventing, correcting, or alleviating a physical or mental disability. Physical measures shall include but shall not be limited to heat or cold, air, light, water, electricity and sound. Physical therapy includes evaluation other than medical diagnosis, treatment planning, treatment, documentation, performance of appropriate tests and measurement, interpretation of orders or referrals, instruction, consultative services, and supervision of supportive personnel. "Physical therapy" does not include the practice of medicine as defined in section 147.081, or the practice of chiropractic as defined in section 148.01.
November 2020 – Missouri
Below is the continuation of the "Legislative Update" article about the State Practice Acts of Missouri, written by Dr. Theresa Pancotto, AARV's legislative liaison, and appearing in the November 2020 AARV newsletter.
Missouri
Veterinary Practice Act
340.200. Definitions. — When used in sections 340.200 to 340.330, the following terms mean:
(2) "Animal", any wild, exotic or domestic, living or dead animal or mammal other than man, including birds, fish and reptiles;
(15) "Practice of veterinary medicine", to represent directly, indirectly, publicly or privately an ability and willingness to do any act described in subdivision (28) of this section;
(a) "Immediate supervision", the licensed veterinarian is in the immediate area and within audible and visual range of the animal patient and the person treating the patient;
(b) "Direct supervision", the licensed veterinarian is on the premises where the animal is being treated and is quickly and easily available and the animal has been examined by a licensed veterinarian at such times as acceptable veterinary medical practice requires consistent with the particular delegated animal health care task;
(c) "Indirect supervision", the licensed veterinarian need not be on the premises but has given either written or oral instructions for the treatment of the animal patient or treatment protocol has been established and the animal has been examined by a licensed veterinarian at such times as acceptable veterinary medical practice requires consistent with the particular delegated health care task; provided that the patient is not in a surgical plane of anesthesia and the licensed veterinarian is available for consultation on at least a daily basis;
(22) "Veterinarian", "doctor of veterinary medicine", "DVM", "VMD", or equivalent title, a person who has received a doctor's degree in veterinary medicine from an accredited school of veterinary medicine or holds a ECFVG certificate issued by the AVMA;
(28) "Veterinary medicine", the science of diagnosing, treating, changing, alleviating, rectifying, curing or preventing any animal disease, deformity, defect, injury or other physical or mental condition, including, but not limited to, the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthesia or other therapeutic or diagnostic substance or technique on any animal, including, but not limited to, acupuncture, dentistry, animal psychology, animal chiropractic, theriogenology, surgery, both general and cosmetic surgery, any manual, mechanical, biological or chemical procedure for testing for pregnancy or for correcting sterility or infertility or to render service or recommendations with regard to any of the procedures in this paragraph;
340.216. Practice without license prohibited, prohibited acts — exceptions.
(7) State agencies, accredited schools, institutions, foundations, business corporations or associations, physicians licensed to practice medicine and surgery in all its branches, graduate doctors of veterinary medicine, or persons under the direct supervision thereof from conducting experiments and scientific research on animals in the development of pharmaceuticals, biologicals, serums, or methods of treatment, or techniques for the diagnosis or treatment of human ailments, or when engaged in the study and development of methods and techniques directly or indirectly applicable to the problems of the practice of veterinary medicine;
Physical Therapy Practice Act
334.500. Definitions. — As used in sections 334.500 to 334.685, the following terms mean:
(1) "Board", the state board of registration for the healing arts in the state of Missouri;
(2) "Physical therapist", a person who is licensed to practice physical therapy;
(3) "Physical therapist assistant", a person who is licensed as a physical therapist assistant by the board or a person who was actively engaged in practice as a physical therapist assistant on August 28, 1993;
(4) "Practice of physical therapy", the examination, treatment and instruction of human beings to assess, prevent, correct, alleviate and limit physical disability, movement dysfunction, bodily malfunction and pain from injury, disease and any other bodily condition, such term includes, but is not limited to, the administration, interpretation and evaluation of physical therapy tests and measurements of bodily functions and structures; the planning, administration, evaluation and modification of treatment and instruction, including the use of physical measures, activities and devices, for preventive and therapeutic purposes; and the provision of consultative, educational, research and other advisory services for the purpose of reducing the incidence and severity of physical disability, movement dysfunction, bodily malfunction and pain does not include the use of surgery or obstetrics or the administration of x-radiation, radioactive substance, diagnostic x-ray, diagnostic laboratory electrocautery, electrosurgery or invasive tests or the prescribing of any drug or medicine or the administration or dispensing of any drug or medicine other than a topical agent administered or dispensed upon the direction of a physician. Physical therapists may perform electromyography and nerve conduction tests but may not interpret the results of the electromyography or nerve conduction test. Physical therapists shall practice physical therapy within the scope of their education and training as provided in sections 334.500 to 334.620.
October 2020 – Louisiana
Below is the continuation of the "Legislative Update" article about the State Practice Acts of Louisiana, written by Dr. Theresa Pancotto, AARV's legislative liaison, and appearing in the October 2020 AARV newsletter.
Louisiana
Veterinary Practice Act
§712. Alternative Therapy and Collaborative Treatment
A. Alternative therapy and/or collaborative treatment may be performed by a layperson (a person not licensed, registered, or certified by the board) only with an order or prescription from a Louisiana licensed, supervising veterinarian who has first established the veterinarian-client-patient relationship, and can be performed only under such supervising veterinarian's direct supervision and with the written informed consent of the owner of the animal (client) or his duly authorized agent. The layperson must possess a license, registration, or certification issued by another Louisiana regulatory authority, or he must possess verification of an educational level acceptable by the board, in the subject matter of the alternative therapy and/or collaborative treatment at issue.
B. Direct supervision as used in this Section means the supervising veterinarian must be on the premises where the alternative therapy and/or collaborative treatment are being performed and is directly responsible for the on-going evaluation and/or diagnosis. A lay person (a person not licensed, registered, or certified by the board) cannot perform surgery, on-going evaluation and/or diagnosis, prognosis, or prescribe treatment, medicines, or appliances as set forth in §702.A.2. Title 46, Part LXXXV 53
C. The supervising veterinarian will be held accountable for the proper diagnosis and treatment of the animal, including the work delegated to the layperson, as well as compliance with proper documentation in the patient's medical record as set forth in §701, including the written informed consent for the alternative therapy and/or collaborative treatment obtained from the client or his duly authorized agent. The supervising veterinarian will also be held accountable for the maintenance of the confidential relationship with the client and patient.
D. Alternative therapy as used in this Section includes, but is not limited to, ultrasonography, magnetic field therapy, holistic medicine, homeopathy, animal chiropractic treatment, animal acupuncture, animal physical therapy, animal massage therapy, and laser therapy.
E. Collaborative treatment as used in this Section includes, but is not limited to, ophthalmology, cardiology, neurology, radiology, and oncology.
F. Written informed consent as used in this Section means the supervising veterinarian has informed the client or his duly authorized agent, in a manner that would be understood by a reasonable person, of the diagnostic and treatment options, risk assessment, and prognosis, and the client or his duly authorized agent has consented in writing to the recommended alternative therapy and/or collaborative treatment.
Physical Therapy Practice Act
(2) "Physical therapist" includes equally physiotherapist, physical therapist, and P.T. and is a person who is a graduate of an accredited school of physical therapy, which school, at the time of graduation was approved by the Commission on Accreditation in Physical Therapy Education or the board and who practices physical therapy as defined in this Chapter.
(4) "Physical therapy", noun and adjective, means equally physiotherapy and physical therapy.
(5) "Practice of physical therapy" is the health care profession practiced by a physical therapist licensed under this Chapter and means the holding out of one's self to the public as a physical therapist and as being engaged in the business of, or the actual engagement in, the evaluation and treatment of any physical or medical condition to restore normal function of the neuromuscular and skeletal system, to relieve pain, or to prevent disability by use of physical or mechanical means, including therapeutic exercise, mobilization, passive manipulation, therapeutic modalities, and activities or devices for preventative, therapeutic, or medical purposes, and further shall include physical therapy evaluation, treatment planning, instruction, consultative services, and the supervision of physical therapy supportive personnel, including physical therapist assistants.
September 2020 – Alabama
Below is the continuation of the "Legislative Update" article about the State Practice Acts of Alabama, written by Dr. Theresa Pancotto, AARV's legislative liaison, and appearing in the September 2020 AARV newsletter.
Alabama
Veterinary Practice Act
(14) PRACTICE OF VETERINARY MEDICINE.
a. To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury or other physical or mental condition; including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthesia, or other therapeutic or diagnostic substance or technique on any animal including but not limited to acupuncture, dentistry, animal psychology, animal chiropractic, theriogenology, surgery, including cosmetic surgery, any manual, mechanical, biological, or chemical procedure for testing for pregnancy or for correcting sterility or infertility, or to render service or recommendations with regard to any of the above.
f. To provide veterinary medical services to a client or patient in this state, through telephonic, electronic or other means, regardless of the location of the veterinarian, shall constitute the practice of veterinary medicine in this state and shall require licensure within this state and a veterinarian-client-patient relationship must be established.
(21) VETERINARY MEDICINE. Includes veterinary surgery, theriogenology, dentistry, acupuncture, animal psychology, chiropractic, and all other branches of specialties of veterinary practice.
§ 34-29-77. License required - Certain acts not prohibited. No person shall practice veterinary medicine in the State of Alabama who is not a currently and validly licensed veterinarian or the holder of a temporary permit issued by the board. This article shall not be construed to prohibit any of the following:
(5) Any unregistered assistant, nurse, lab technician, or other employee of a licensed veterinarian who administers medication or renders auxiliary or supportive assistance under the immediate supervision of a licensed veterinarian.
Physical Therapy Practice Act
(4) PHYSICAL THERAPY. The treatment of a human being by the use of exercise, massage, heat, cold, water, radiant energy, electricity, or sound for the purpose of correcting or alleviating any physical or mental condition or preventing the development of any physical or mental disability, or the performance of neuromuscular-skeletal tests and measurements to determine the existence and extent of body malfunction; provided, that physical therapy shall be practiced only upon the referral of a physician licensed to practice medicine or surgery, a dentist licensed to practice dentistry, a licensed chiropractor, a licensed assistant to a physician acting pursuant to a valid supervisory agreement, or a licensed certified registered nurse practitioner in a collaborative practice agreement with a licensed physician, except as otherwise provided in this chapter. Physical therapy does not include radiology or electrosurgery.
(5) PHYSICAL THERAPIST. A person who practices physical therapy.
(7) PHYSIOTHERAPIST. Synonymous with the term "physical therapist," and the term shall be used to identify only those persons licensed under this article. The physical therapist may use the letters "P.T." or "R.P.T." in connection with his or her name or place of business to denote his or her registration hereunder.
August 2020 – Oregon
Below is the continuation of the "Legislative Update" article about the State Practice Acts of Oregon, written by Dr. Theresa Pancotto, AARV's legislative liaison, and appearing in the August 2020 AARV newsletter.
Oregon
Veterinary Practice Act
686.030 Acts constituting practice of veterinary medicine. A person practices veterinary medicine, surgery or dentistry when the person does any of the following in this state:
(1) Diagnoses, treats or prognosticates an animal medical problem.
(2) Prescribes or administers a drug, medicine or treatment for the prevention, cure, amelioration, correction or modification of an animal problem or for euthanasia.
(3) Induces anesthesia in an animal.
(4) Performs a surgical or dental operation or procedure upon an animal.
(5) Performs an embryo transfer or pregnancy, sterility or fertility evaluation.
(6) Gives an instruction or demonstration regarding the acts described in this section, except as an agent or employee of this state or of the federal government.
(7) Advertises or represents in any manner, publicly or privately, that the person is willing to do any of the acts described in this section. (Amended by 1987 c.651 §2a) 686.040
Application of ORS 686.020
.(4) A practitioner of allied health methods may practice that method on animals without violating ORS 686.020 (1)(a), as long as the practice is in conformance with laws and rules governing the practitioner's practice and the practice is upon referral from a licensed veterinarian for treatment or therapy specified by the veterinarian.
Physical Therapy Practice Act
688.010 Definitions for ORS 688.010 to 688.201. As used in ORS 688.010 to 688.201, unless the context requires otherwise:
(1) "Physical therapist" means a person who is licensed pursuant to ORS 688.010 to 688.201 to practice physical therapy.
(2) "Physical therapist aide" means a person who is trained by a physical therapist or physical therapist assistant to perform designated and supervised routine tasks related to physical therapy and who works under the direct on-site supervision of a physical therapist or physical therapist assistant.
(3) "Physical therapist assistant" means a person who assists a physical therapist in the administration of selected components of physical therapy intervention. A physical therapist assistant works under the supervision and direction of the physical therapist.
(4) "Physical therapy" means the care and services provided by a physical therapist or by a physical therapist assistant under the supervision and direction of a physical therapist.
(5) "Practice of physical therapy" means:
(a) Examining, evaluating and testing for mechanical, physiological and developmental impairments, functional limitations and disabilities or other neuromusculoskeletal conditions in order to determine a physical therapy diagnosis or prognosis or a plan of physical therapy intervention and to assess the ongoing effects of physical therapy intervention.
(b) Alleviating impairments and functional limitations by designing, implementing, administering and modifying physical therapy interventions.
(c) Reducing the risk of injury, impairment, functional limitation and disability by physical therapy interventions that may include as a component the promotion and maintenance of health, fitness and quality of life in all age populations.
(d) Consulting or providing educational services to a patient for the purposes of paragraphs (a), (b) and (c) of this subsection. (1959 c.461 §1; 1965 c.314 §1; 1969 c.339 §1; 1971 c.585 §1; 1975 c.111 §1; 1987 c.726 §5; 2005 c.627 §3; 2019 c.43 §13)
36-10-18.1. Physical therapy defined. For the purposes of this chapter, the practice of physical therapy is the examination and evaluation of patients with mechanical, physiological, and developmental impairments, functional limitation, and disability or other similar conditions in order to determine a diagnosis, prognosis, and therapeutic intervention; alleviation of impairments and functional limitations by designing, implementing, and modifying therapeutic interventions that include therapeutic exercise, functional training in community or work reintegration, manual therapy techniques including soft tissue and joint mobilization, assistive and adaptive devices and equipment, brochopulmonary hygiene, debridement and wound care, physical agents and mechanical modalities, therapeutic massage, electrotherapeutic modalities, and patient-related instruction; prevention of injury, impairments, functional limitations, and disability including the promotion and maintenance of fitness, health, and quality of life in all age populations; and consultation, education, and research.
Source: SL 1996, ch 231, § 2.
July 2020 – South Dakota
Below is the continuation of the "Legislative Update" article about the State Practice Acts of South Dakota, written by Dr. Theresa Pancotto, AARV's legislative liaison, and appearing in the July 2020 AARV newsletter.
South Dakota
Veterinary Practice Act
36-12-1. Acts constituting practice of veterinary medicine
Any person shall be deemed in the practice of veterinary medicine who represents himself as or is engaged in the practice of veterinary medicine in any of its branches either directly or indirectly, or uses any words, titles, or letters, to title so as to signify that he is a veterinarian, or who for a fee diagnoses, prescribes or administers any drug, medicine, appliance, application, or treatment of whatever nature, or performs a surgical operation or manipulation, or conducts any autopsy or biopsy, for the prevention, cure, or relief of a pain, deformity, wound, fracture, or bodily injury, or physical condition or disease of animals, and the term animals as used in this section shall mean all animals other than man, except that this section shall not be applicable to the advertising or the sale of foods and medicines used in commercial feeds for the prevention of livestock diseases.Source: SDC 1939, § 40.0201; SL 1961, ch 201, § 16
Physical Therapy Practice Act
- "Board of Examiners," or "board," the South Dakota State Board of Medical and Osteopathic Examiners;
- "Physical therapist," a person licensed in this state to practice physical therapy under the provisions of this chapter;
- "Physical therapy," the practice of physical therapy as defined in § 36-10-18.1;
- "Physical therapist assistant," a person who is a graduate of an accredited physical therapist assistant education program as determined by the board, who has passed an examination approved by the board, and who assists in providing physical therapy services under the supervision of a physical therapist;
- "Physical therapy advisory committee," the committee provided for in this chapter.
Source: SL 1955, ch 96, § 1; SDC Supp 1960, § 27.09A01; SDCL, § 36-10-1; SL 1972, ch 205, § 1; SL 1978, ch 270, § 1; SL 1996, ch 231, § 1.
36-10-18.1. Physical therapy defined. For the purposes of this chapter, the practice of physical therapy is the examination and evaluation of patients with mechanical, physiological, and developmental impairments, functional limitation, and disability or other similar conditions in order to determine a diagnosis, prognosis, and therapeutic intervention; alleviation of impairments and functional limitations by designing, implementing, and modifying therapeutic interventions that include therapeutic exercise, functional training in community or work reintegration, manual therapy techniques including soft tissue and joint mobilization, assistive and adaptive devices and equipment, brochopulmonary hygiene, debridement and wound care, physical agents and mechanical modalities, therapeutic massage, electrotherapeutic modalities, and patient-related instruction; prevention of injury, impairments, functional limitations, and disability including the promotion and maintenance of fitness, health, and quality of life in all age populations; and consultation, education, and research.
Source: SL 1996, ch 231, § 2.
June 2020 – Rhode Island
Below is the continuation of the "Legislative Update" article about the State Practice Acts of Rhode Island, written by Dr. Theresa Pancotto, AARV's legislative liaison, and appearing in the June 2020 AARV newsletter.
Rhode Island
Veterinary Practice Act
§ 5-25-7. Practice of veterinary medicine defined.
(a) Any person shall be regarded as practicing veterinary medicine, surgery, and dentistry within the meaning of this chapter when he or she does any of the following, either directly or indirectly:
(1) Represents himself or herself as engaged in the practice of veterinary medicine, veterinary surgery, or veterinary dentistry in any of its branches.
(2) Diagnoses, prognoses, treats, administers, prescribes, operates on, manipulates, or applies any drug, biologic, or chemical or any apparatus or appliance for any disease, pain, deformity, defect, injury, wound, or physical condition of any animal for the prevention of or to test the presence of any disease.
(3) Cuts any tissue, muscle, organ, or structure of any animal for the purposes described in subsection (a)(2) or for the purpose of altering the natural condition of any animal or for any other purpose, cause, or reason.
(b) The term "practicing veterinary medicine" does not include:
(5) The nursing care to animals in the establishment or facilities of a registered veterinarian under his or her general supervision, direction, and control by the employees of the veterinarian or the activities of a person assisting a veterinarian during the course of any procedure or treatment.
Physical Therapy Practice Act
§ 5-40-1. Definitions.
As used in this chapter:
(5) "Physical therapist" means an individual who is licensed by the department to practice physical therapy.
(6) "Physical therapist assistant" means an individual who is licensed by the department to assist in the practice of physical therapy under the supervision of a physical therapist.
(7) "Physical therapy" means the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter.
(8) "Practice of physical therapy" means:
(i)(A) Examination, evaluation, treatment, and instruction of patients/clients to detect, assess, prevent, correct, alleviate, and limit physical disability, physical dysfunction, and pain from injury, disease, and any other bodily conditions;
(B) Administration, interpretation, and evaluation of tests and measurements of bodily functions and structures;
(C) The planning, administration, evaluation, and modification of treatment and instruction, including the use of physical measures, activities, and devices, for preventive and therapeutic purposes; and
(D) The provision of consultative, educational, and other advisory services for the purpose of reducing the incidence and severity of physical disability, physical dysfunction, and pain;
(ii) The practice of physical therapy does not include the practice of medicine as defined in chapter 37 of this title.
(9) "Supervision" means that a licensed physical therapist is at all times responsible for supportive personnel and students.
May 2020 – Illinois
Below is the continuation of the "Legislative Update" article about the State Practice Acts of Illinois, written by Dr. Theresa Pancotto, AARV's legislative liaison, and appearing in the May 2020 AARV newsletter.
Illinois
Veterinary Practice Act
"Practice of veterinary medicine" means to diagnose, prognose, treat, correct, change, alleviate, or prevent animal disease, illness, pain, deformity, defect, injury, or other physical, dental, or mental conditions by any method or mode; including the performance of one or more of the following:3.5 Performing upon an animal complementary, or ordering the administration of any drug, medicine, biologic, apparatus, anesthetic, or other therapeutic or diagnostic substance, or medical or surgical technique, operation, alternative or integrative therapy.
"Animal" means any animal, vertebrate or invertebrate, other than a human.
"Complementary, alternative, and integrative therapies" include, but are not limited to, veterinary acupuncture, acutherapy, and acupressure; veterinary homeopathy; veterinary manual or manipulative therapy or therapy based on techniques practiced in osteopathy, chiropractic medicine, or physical medicine and therapy; veterinary nutraceutical therapy; veterinary phytotherapy; and other therapies as defined by rule.
Physical Therapy Practice Act
"Physical therapy" means all of the following:- Examining, evaluating, and testing individuals who may have mechanical, physiological, or developmental impairments, functional limitations, disabilities, or other health and movement-related conditions, classifying these disorders, determining a rehabilitation prognosis and plan of therapeutic intervention, and assessing the ongoing effects of the interventions.
- Alleviating impairments, functional limitations, or disabilities by designing, implementing, and modifying therapeutic interventions that may include, but are not limited to, the evaluation or treatment of a person through the use of the effective properties of physical measures and heat, cold, light, water, radiant energy, electricity, sound, and air and use of therapeutic massage, therapeutic exercise, mobilization, and rehabilitative procedures, with or without assistive devices, for the purposes of preventing, correcting or alleviating a physical or mental impairment, functional limitation or disability.
- Reducing the risk of injury, impairment, functional limitation, or disability, including the promotion and maintenance of fitness, health, and wellness.
- Engaging in administration, consultation, education and research.
"Physical therapy" includes but is not limited to a) performance of specialized tests and measurements, b) administration of specialized treatment procedures, c) interpretation of referrals from physicians, dentists, advanced practice registered nurses, physicians assistants, and pediatric physicians, d) establishment, and modification of physical therapy treatment programs, e) administration of topical medication used in generally accepted physical therapy procedures when such medication is either prescribed by the patient's physician, licensed to practice medicine in all its branches . f) supervision or teaching of physical therapy, and g) dry needling in accordance with Section 1.5
"Physical therapist" means a person who practices physical therapy and who has met all requirements as provided in this Act.
April 2020 – New Mexico
Below is the continuation of the "Legislative Update" article about the State Practice Acts of New Mexico, written by Dr. Theresa Pancotto, AARV's legislative liaison, and appearing in the April 2020 AARV newsletter.
New Mexico
Veterinary Practice Act
16.25.1 NMAC General Provisions "Practice of veterinary medicine" means the diagnosis and treatment of animal diseases by traditional methods which include but are not limited to prescribing drugs and medication, administering techniques and procedures including surgical procedures, and other methods which include but are not limited to chiropractic, physical therapy, acupuncture, acupressure, homeopathy, therapeutic massage, dentistry, and embryo transfer.16.25.9.20 DIRECT SUPERVISION OF NON-VETERINARIANS: Non-licensed individuals are prohibited from practicing veterinary medicine which includes but is not limited to chiropractic, physical therapy, acupuncture, acupressure, homeopathy, therapeutic massage, dentistry, embryo transfer or any other related services on animals as defined in NMSA 1978, Section 61-14-2(B)(1), except under the direct supervision of a New Mexico-licensed veterinarian.
61-14-2 Definitions. (Repealed effective July 1, 2012.)
ARTICLE 14 Veterinary Medicine
"animal" means any animal other than man;
"practice of veterinary medicine" means: the diagnosis, treatment, correction, change, relief or prevention of animal disease, deformity, defect, injury or other physical or mental condition, including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique and the use of any procedure for artificial insemination, testing for pregnancy, diagnosing and treating sterility or infertility or rendering advice with regard to any of these
Physical Therapy Practice Act
E. "physical therapist" means a person who is licensed in this state to practice physical therapy;
F. "physical therapist assistant" means a person who performs physical therapy procedures and related tasks pursuant to a plan of care written by the supervising physical therapist;
G. "physical therapy" means the care and services provided by or under the direction and supervision of a physical therapist;
- examining and evaluating patients with mechanical, physiological and developmental impairments, functional limitations and disabilities or other health-related conditions in order to determine a physical therapy diagnosis, prognosis and planned therapeutic intervention;
- alleviating impairments and functional limitations by designing, implementing and modifying therapeutic interventions that include therapeutic exercise; functional training in self-care and community or work reintegration; manual therapy techniques, including soft tissue and joint mobilization and manipulation; therapeutic massage; assistive and adaptive devices and equipment; bronchopulmonary hygiene; debridement and wound care; physical agents; mechanical and electrotherapeutic modalities; and patient-related instruction;
- preventing injury, impairments, functional limitations and disability, including the promotion and maintenance of fitness, health and quality of life in all age populations; and
- engaging in consultation, testing, education and research
B. It is unlawful for a person or his employees, agents or representatives to use in connection with his name or the name or activity of the business the words "physical therapy", "physical therapist", "physiotherapy", "physiotherapist", "registered physical therapist", the letters "PT", "LPT", "RPT", "MPT", "DPT" or any other words, abbreviations or insignia indicating or implying directly or indirectly that physical therapy is provided or supplied, including the billing of services labeled as physical therapy, unless the services are provided by or under the direction of a physical therapist.
February 2020 – Utah
Below is the continuation of the "Legislative Update" article about the State Practice Acts of Utah, written by Dr. Theresa Pancotto, AARV's legislative liaison, and appearing in the February 2020 AARV newsletter.
Utah
Veterinary Practice Act
"Practice of veterinary medicine, surgery, and dentistry" means to: (a) diagnose, prognose, or treat any disease, defect, deformity, wound, injury, or physical condition of any animal; (b) administer, prescribe or dispense any drug, medicine, treatment, method, or practice, perform any operation or manipulation, apply any apparatus or appliance for the cure, relief, or correction of any animal disease, deformity, defect, wound, or injury, or otherwise practice any veterinary medicine, dentistry, or surgery on any animal"The chapter does not apply to:
". upon written referral by a licensed veterinarian, the practice of animal chiropractic by a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act, who has completed an animal chiropractic course approved by the American Veterinary Chiropractic Association or the division;
upon written referral by a licensed veterinarian, the practice of animal physical therapy by a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act, who has completed at least 100 hours of animal physical therapy training, including quadruped anatomy and hands-on training, approved by the division;
upon written referral by a licensed veterinarian, the practice of animal massage therapy by a massage therapist licensed under Chapter 47b, Massage Therapy Practice Act, who has completed at least 60 hours of animal massage therapy training, including quadruped anatomy and hands-on training, approved by the division;
upon written referral by a licensed veterinarian, the practice of acupuncture by an acupuncturist licensed under Chapter 72, Acupuncture Licensing Act, who has completed a course of study on animal acupuncture approved by the division"
Physical Therapy Practice Act"Animal physical therapy" means practicing physical therapy or physiotherapy on an animal.
"Licensed physical therapist" means a person licensed under this chapter to engage in the practice of physical therapy.
"Physical therapy" or "physiotherapy" means: (i) examining, evaluating, and testing an individual who has a physical impairment or injury; (ii) identifying or labeling a physical impairment or injury; (iii) formulating a therapeutic intervention plan for the treatment of a physical impairment, injury, or pain; (iv) assessing the ongoing effects of therapeutic intervention for the treatment of a physical impairment or injury; (v) treating or alleviating a physical impairment by designing, modifying, or implementing a therapeutic intervention; (vi) reducing the risk of an injury or physical impairment; (vii) providing instruction on the use of physical measures, activities, or devices for preventative and therapeutic purposes; (viii) promoting and maintaining health and fitness; (ix) the administration of a prescription drug pursuant to Section 58-24b-403; 2 (x) subject to Subsection 58-28-307(12)(b), engaging in the functions described in Subsections (11)(a)(i) through (ix) in relation to an animal, in accordance with the requirements of Section 58- 24b-405; and (xi) engaging in administration, consultation, education, and research relating to the practices described in this Subsection (11)(a). (b) "Physical therapy" or "physiotherapy" does not include: (i) diagnosing disease; (ii) performing surgery; (iii) performing acupuncture; (iv) taking x-rays; or (v) prescribing or dispensing a drug, as defined in Section 58-37-2.
58-24b-304.
A person who is exempted from licensure under Subsection (1)(b) may practice animal physical therapy without a license under this section if the person: (a) is authorized to practice animal physical therapy under federal law; and (b) practices animal physical therapy within the scope of practice authorized by federal law.A person who is exempted from licensure under Subsection (1)(c) may practice animal physical therapy without a license under this section if the person: (a) is authorized to practice animal physical therapy in: (i) a state, district, or territory of the United States, other than Utah; or (ii) a country other than the United States; and (b) practices animal physical therapy: (i) within the scope of practice for the jurisdiction described in Subsection (3)(a) where the person is authorized to practice animal physical therapy; and (ii) within the limitations for the practice of physical therapy described in Subsection (1)(c)(ii).
58-24b-405. Animal physical therapy. (1) Subject to Subsection 58-28-307(12)(b), a licensed physical therapist may practice animal physical therapy if the licensed physical therapist completes at least 100 hours of animal physical therapy training and education, which shall include: (a) 50 hours of on-the-job training under the supervision of a licensed veterinarian; (b) completion of a quadruped anatomy course; and (c) continuing education for the required hours remaining. (2) Subject to Subsection 58-28-307(12)(b), a licensed physical therapist assistant may practice animal physical therapy, within the scope of the licensed physical therapist assistant's practice, if the licensed physical therapist assistant: (a) is under the on-site supervision or general supervision of a physical therapist who has complied with the requirements of Subsection (1); and (b) completes at least 100 hours of animal physical therapy training and education, which shall include: (i) 50 hours of on-the-job training under the supervision of a licensed veterinarian; (ii) completion of a quadruped anatomy course; and (iii) continuing education for the required hours remaining.
58-24b-501. Unlawful conduct. In addition to the conduct described in Subsection 58-1-501(1), "unlawful conduct" includes: (1) practicing physical therapy, unless the person: (a) is licensed under this chapter to practice physical therapy and practices within the scope of that license; or (b) is exempt from licensure under Section 58-24b-304; (2) practicing animal physical therapy, unless the person is: (a) authorized to practice animal physical therapy under Section 58-24b-405; or (b) authorized to practice animal physical therapy under Subsection 58-24b-304(1)(a), (2), or (3); (3) representing oneself as, or using the title of, a physical therapist, unless the person is: (a) a licensed physical therapist; or (b) (i) licensed as a physical therapist in a jurisdiction other than Utah; (ii) does not represent oneself as being a physical therapist licensed in Utah; and (iii) exempt from licensure under Section 58-24b-304; (4) representing oneself as, or using the title of, a physical therapist assistant, unless the person: (a) is a licensed physical therapist assistant; or (b) (i) is licensed as a physical therapist assistant in a jurisdiction other than Utah; (ii) does not represent oneself as being a physical therapist assistant licensed in Utah; and (iii) is exempt from licensure under Section 58-24b-304; and (5) conduct designed as "unlawful conduct" by the division, by rule.
August 2017 – Texas
Here are additional comments about the Veterinary Practice Acts in Texas from Dr. Kristyn Richardson, AARV's legislative liaison, continued from the "Legislative Update" in the August 2017 AARV email newsletter.
Texas
Texas has a practice act that is long and very specific in parts. There is a section about "Non-Veterinarians" in the rules:
RULE §573.10 Supervision of Non-Veterinarians (a) With appropriate supervision and after establishing a veterinarian-client-patient relationship, a veterinarian may delegate veterinary care and treatment duties to non-veterinarian employees, or to the following independent contractors: (1) licensed equine dental providers, in accordance with §573.19 of this title (relating to Dentistry); or (2) individuals performing any form of musculoskeletal manipulation, including but not limited to animal chiropractic, in accordance with §573.14 of this title (relating to Alternate Therapies--Chiropractic and Other Forms of Musculoskeletal Manipulation). (b) A veterinarian shall determine when general, direct, or immediate supervision of a nonveterinarian's actions is appropriate, except where such actions of the non-veterinarian may otherwise be prohibited by law. A veterinarian shall consider whether the individual is licensed by the Board, as well as the level of training and experience of the non-veterinarian, when determining the level of supervision and duties of non-veterinarians. (c) A veterinarian is subject to discipline if he or she improperly delegates care and/or treatment duties to a non-veterinarian, or fails to properly supervise the non-veterinarian performing delegated duties. (d) When feasible, a veterinarian may delegate greater responsibility to a licensed veterinary technician than to an unlicensed person. (1) Veterinary supervision of licensed veterinary technicians: (A) Under the direct or immediate supervision of a veterinarian, a licensed veterinary technician may: (i) suture to close existing surgical skin incisions and skin lacerations; (ii) induce anesthesia; and (iii) in dogs and cats, extract loose teeth or dental fragments with minimal periodontal attachments by hand and without the use of an elevator. (B) Except where otherwise prohibited by law, under general veterinary supervision, a licensed veterinary technician may: (i) draw blood; and 23 (ii) take samples for purposes of testing and diagnosis. (2) Veterinary supervision of unlicensed employees: (A) Under the immediate supervision of a veterinarian, an unlicensed employee of a veterinarian may: (i) suture to close existing surgical skin incisions and skin lacerations; and (ii) induce anesthesia. (B) An unlicensed employee of a veterinarian may perform other tasks assigned by the supervising veterinarian under a level of supervision determined by the supervising veterinarian. (C) An unlicensed employee may not, under any level of veterinary supervision, extract loose teeth or dental fragments from a dog or cat. (e) Under the immediate supervision of a licensed veterinary technician, an unlicensed employee of a veterinarian may: (1) suture to close existing skin incisions and skin lacerations; (2) induce anesthesia; (3) draw blood; (4) take samples for the purpose of testing and diagnosis and; (5) perform other tasks in veterinary medicine, not otherwise prohibited by other subsections of this section or other laws, as assigned by the supervising veterinarian and according to a protocol established by the supervising veterinarian. (f) A non-veterinarian shall not perform the following health care services: (1) surgery; (2) invasive dental procedures except as allowed for licensed equine dental providers under §573.19 of this title, and as allowed for licensed veterinary technicians under subsection (d)(1)of this section; (3) diagnosis and prognosis of animal diseases and/or conditions; (4) prescribing drugs and appliances; or (5) initiation of treatment without prior instruction by a veterinarian, except in an emergency without expectation of compensation. (g) Euthanasia may be performed by a non-veterinarian only under the immediate supervision of a veterinarian. (h) A non-veterinarian may administer a rabies vaccine only under the direct supervision of a veterinarian, and only after the veterinarian has properly established a veterinarian-client-patient relationship. (i) The use of a veterinarian's signature stamp or electronic signature pad on an official health document by a non-veterinarian shall be authorized only under the direct supervision of the vaccinating veterinarian. 24 (j) Exception for Emergency Care. In an emergency situation where prompt treatment is essential for the prevention of death or alleviation of extreme suffering, a veterinarian may, after determining the nature of the emergency and the condition of the animal, issue treatment directions to a non-veterinarian by means of telephone, electronic mail or messaging, radio, or facsimile communication and not be in violation of §801.351 of the Act. However, the Board may take action against a veterinarian if, in the Board's sole discretion, the veterinarian uses this authorization to circumvent this rule. The veterinarian assumes full responsibility for such treatment. However, nothing in this rule requires a veterinarian to accept an animal treated under this rule as a patient under these circumstances. (k) Exception for Care of Hospitalized Animals. A non-veterinarian may, in the absence of direct supervision, follow the oral or written treatment orders of a veterinarian who is caring for a hospitalized animal, so long as the veterinarian has examined the animal(s)and a valid veterinarian-client-patient relationship exists. Source Note: The provisions of this §573.10 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective December 25, 2012, 37 TexReg 9935; amended to be effective August 29, 2013, 38 TexReg 5486; amended to be effective May 4, 2014, 39 TexReg 3424; amended to be effective December 22, 2014, 39 TexReg 10016; amended to be effective August 22, 2016, 41 TexReg 6203 RULE §573.11 Responsibility for Unlicensed Employees (a) A veterinarian shall be responsible for any acts a non-veterinarian employee commits within the scope of the employee's employment. (b) A licensed veterinary technician supervising an unlicensed employee of a veterinarian shall be responsible for any acts committed by that unlicensed employee of a veterinarian related to the practice of veterinary medicine. (c) If a licensed veterinary technician acting under supervision of a veterinarian violates a law, regulation or board rule, both the veterinarian and the licensed veterinary technician are subject to discipline by the Board. Source Note: The provisions of this §573.11 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective May 4, 2014, 39 TexReg 3426
There are also sections after this about alternative therapies, but no specific mention of animal rehabilitation. It could be interpreted that the section on Chiropractic and MSM (musculoskeletal manipulation) might be inclusive of rehabilitation, but it is very vague.
January 2017 – New Hampshire
Here are additional comments about the Veterinary Practice Acts in New Hampshire from Dr. Kristyn Richardson, AARV's legislative liaison, continued from the "Legislative Update" in the January 2017 AARV email newsletter.
New Hampshire
The Veterinary Practice Act has defined "animal physical therapy" and "animal physical therapist." There are also specific rules about animal physical therapy:
332-B:20 Animal Physical Therapy Certification.
- Any physical therapist practicing physical therapy on any animal shall meet the requirements of this section and any additional requirements set by the board of veterinarians pursuant to RSA 332-B:7-a, XIV and shall be certified by the board of veterinary medicine.
- Before treating an animal, an animal physical therapist shall receive a referral from a veterinarian licensed under RSA 332-B. Such referral shall be oral or written and an oral referral shall be followed by a written referral filed within 7 days of the first treatment by the animal physical therapist. The written referral shall contain the following:
- The name of the animal;
- The name of the owner;
- A description of the animal;
- A veterinary diagnosis; and
- The referring veterinarian's signature.
- A written evaluation within 7 days after initial evaluation;
- Any additional progress notes every 30 days; and
- Notice of discharge or termination of treatment.
Source. 2010, 170:1, eff. June 17, 2010.
In the Physical Therapy practice act, there was information about "animal physical therapy" certification, but it was repealed in 2010.
Unfortunately, there are no specifics noted about what is involved in certification (education, continuing education, internships, examination) in either practice act. Also, the phrase "physical therapy" is used instead of the recommended "animal rehabilitation" within the veterinary practice act.
November 2016 – Nevada
Here are additional comments about the Veterinary Practice Acts in Nevada from Dr. Kristyn Richardson, AARV's legislative liaison, continued from the "Legislative Update" in the November 2016 AARV email newsletter.
Nevada
Nevada has a full section that defines "animal physical therapy" within the veterinary practice act. It has definitions, training/education, and licensure required to practice animal rehabilitation within the state, and also outlines disciplinary actions and supervision required. This can be found starting at NAC 638.750. This is another example of how allowance for collaboration in an animal rehabilitation team can be outlined within the state practice acts.
For your reference the sections on animal rehabilitation are below:
ANIMAL PHYSICAL THERAPY
NAC 638.750 "Animal physical therapy" defined. (NRS 638.070) As used in NAC 638.750 to 638.790, inclusive, "animal physical therapy" means the rehabilitation of injuries in a nonhuman animal through the use of the following techniques, but does not include animal chiropractic:- Stretching;
- Massage therapy;
- Rehabilitative exercise;
- Hydrotherapy;
- Application of heat or cold; and
- Stimulation by the use of:
- Low-level lasers;
- Electrical sources;
- Magnetic fields; or
- Noninvasive therapeutic ultrasound.
(Added to NAC by Bd. of Veterinary Med. Exam'rs by R009-04, eff. 4-26-2004; A by R091-06, 11-13-2006)
NAC 638.760 Requirements to practice; application for certificate of registration; fee. (NRS 638.070)
- A person shall not practice animal physical therapy in this State unless he or she is:
- A veterinarian;
- A licensed veterinary technician who complies with the provisions of NAC 638.053; or
- A physical therapist who has obtained a certificate of registration pursuant to this section and complies with the provisions of NAC 638.780.
- Is of good moral character;
- Has been an active licensed physical therapist in this State for at least 1 year;
- Is in good standing with the State Board of Physical Therapy Examiners;
- Has successfully completed at least 100 hours of instruction or course work, or a combination of both, in the area of animal physical therapy, which must include, without limitation, assessment and planning of treatment, behavior, biomechanics, common orthopedic and neurological conditions, comparative anatomy, neurology, and therapeutic modalities and exercises; and
- Has completed at least 125 hours of supervised clinical experience in animal physical therapy with a licensed veterinarian.
(Added to NAC by Bd. of Veterinary Med. Exam'rs by R009-04, eff. 4-26-2004; A by R075-06, 11-13-2006; R072-09, 4-20-2010)
NAC 638.770 Expiration and renewal of certificate; fee. (NRS 638.070)
- Each certificate of registration issued pursuant to NAC 638.760 or renewed pursuant to this section expires on January 1 of each year.
- Each application for renewal of a certificate of registration must be:
- Submitted in the form established by the Board;
- Signed by the physical therapist;
- Accompanied by proof that the physical therapist completed, during the 12-month period immediately preceding the beginning of the new registration year, at least 5 hours of continuing education in animal physical therapy approved by the Board; and
- Accompanied by proof that his or her license as a physical therapist in this State is active and that he or she is in good standing with the State Board of Physical Therapy Examiners.
(Added to NAC by Bd. of Veterinary Med. Exam'rs by R009-04, eff. 4-26-2004; A by R072-09, 4-20-2010)
NAC 638.780 Standards of practice for physical therapist holding certificate; maintenance of records. (NRS 638.070)
- A physical therapist who has been issued a certificate of registration pursuant to NAC 638.760 may practice animal physical therapy only:
- Under the direction of a veterinarian licensed in this State who has established a valid veterinarian-client-patient relationship concerning the animal receiving the animal physical therapy before the animal physical therapy is performed; and
- If the physical therapist assumes individual liability for the quality of the animal physical therapy performed.
- Is not required to supervise the physical therapist during the animal physical therapy.
- Is not liable for the acts or omissions of the physical therapist who performs the animal physical therapy.
- Maintain in this State for at least 4 years a separate written medical record of each animal receiving animal physical therapy from the physical therapist.
- Within 48 hours after the initial visit with the animal, mail or transmit electronically a complete copy of the medical record to the veterinarian under whose direction the physical therapist performs the animal physical therapy.
- Within 48 hours after each subsequent visit with the animal, mail or transmit electronically a progress report to the veterinarian under whose direction the physical therapist performs the animal physical therapy.
- The name, address and telephone number of the owner of the animal;
- The name or identifying number, or both, of the animal;
- The age, sex and breed of the animal;
- The dates of care, custody or treatment of the animal;
- The results of a basic rehabilitation examination related to physical therapy;
- The diagnosis and treatment plan related to physical therapy recommended by the physical therapist for the animal; and
- The progress and disposition of the case.
(Added to NAC by Bd. of Veterinary Med. Exam'rs by R009-04, eff. 4-26-2004; A by R063-13, 6-23-2014)
NAC 638.790 Disciplinary action. (NRS 638.070)
- A violation of a provision of chapter 638 or 640 of NRS or a regulation adopted by the State Board of Physical Therapy Examiners or the Nevada State Board of Veterinary Medical Examiners is a ground for disciplinary action.
- If the Nevada State Board of Veterinary Medical Examiners determines that an applicant for a certificate of registration pursuant to NAC 638.760 or a physical therapist who has been issued a certificate of registration pursuant to NAC 638.760 has committed any act which is a ground for disciplinary action, the Board may:
- Refuse to issue a certificate of registration;
- Refuse to renew a certificate of registration;
- Revoke a certificate of registration;
- Suspend a certificate of registration for a definite period or until further order of the Board;
- Impose a fine in an amount not to exceed $10,000 for each act that constitutes a ground for disciplinary action;
- Place a physical therapist who has been issued a certificate of registration on probation subject to any reasonable conditions imposed by the Board, including, without limitation, requiring courses in continuing education or a periodic or continuous review of his or her animal physical therapy practice;
- Administer a public reprimand;
- Require the physical therapist who has been issued a certificate of registration to take a competency examination or a mental or physical examination; and
- Require the physical therapist who has been issued a certificate of registration to pay all costs, including, without limitation, attorney’s fees, incurred by the Board in taking disciplinary action against him or her.
(Added to NAC by Bd. of Veterinary Med. Exam'rs by R009-04, eff. 4-26-2004)
September 2016 – Minnesota, Mississippi
Here are additional comments about the Veterinary Practice Acts in Minnesota and Mississippi from Dr. Kristyn Richardson, AARV's legislative liaison, continued from the "Legislative Update" in the September 2016 AARV email newsletter.
Minnesota
In Minnesota, the definitions of practice and engagement of veterinary medicine are:
156.12 PRACTICE OF VETERINARY MEDICINE.
Subdivision 1. Practice. The practice of veterinary medicine, as used in this chapter, shall mean the diagnosis, treatment, correction, relief, or prevention of animal disease, deformity, defect, injury, or other physical or mental conditions; the performance of obstetrical procedures for animals, including determination of pregnancy and correction of sterility or infertility; and the rendering of advice or recommendations with regard to any of the above. The practice of veterinary medicine shall include but not be limited to the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique. The practice shall not be construed to include the dehorning of cattle and goats or the castration of cattle, swine, goats, and sheep, or the docking of sheep.
Subd. 2. Authorized activities. No provision of this chapter shall be construed to prohibit:
- a person from rendering necessary gratuitous assistance in the treatment of any animal when the assistance does not amount to prescribing, testing for, or diagnosing, operating, or vaccinating and when the attendance of a licensed veterinarian cannot be procured;
- a person who is a regular student in an accredited or approved college of veterinary medicine from performing duties or actions assigned by instructors or preceptors or working under the direct supervision of a licensed veterinarian;
- a veterinarian regularly licensed in another jurisdiction from consulting with a licensed veterinarian in this state;
- the owner of an animal and the owner's regular employee from caring for and administering to the animal belonging to the owner, except where the ownership of the animal was transferred for purposes of circumventing this chapter;
- veterinarians who are in compliance with subdivision 6 and who are employed by the University of Minnesota from performing their duties with the College of Veterinary Medicine, College of Agriculture, Agricultural Experiment Station, Agricultural Extension Service, Medical School, School of Public Health, or other unit within the university; or a person from lecturing or giving instructions or demonstrations at the university or in connection with a continuing education course or seminar to veterinarians or pathologists at the University of Minnesota Veterinary Diagnostic Laboratory;
- any person from selling or applying any pesticide, insecticide or herbicide;
- any person from engaging in bona fide scientific research or investigations which reasonably requires experimentation involving animals;
- any employee of a licensed veterinarian from performing duties other than diagnosis, prescription or surgical correction under the direction and supervision of the veterinarian, who shall be responsible for the performance of the employee;
- a graduate of a foreign college of veterinary medicine from working under the direct personal instruction, control, or supervision of a veterinarian faculty member of the College of Veterinary Medicine, University of Minnesota in order to complete the requirements necessary to obtain an ECFVG certificate.
Subd. 3. Requirement to be engaged in practice. Any person who sells or offers to apply, any prescription drug, biologic preparation, including sera, vaccines, bacterins, tuberculin, mallein, johnin, or any other agent for the treatment, vaccination, or testing of any animal belonging to another, shall be engaged in the practice of veterinary medicine.
This particular definition includes a provision in section (h) that allows for someone under a veterinarian to perfrm actions that are not prescriptions, diagnosis or surgical corrections. This could be an allowance for physical therapists or trained veterinary technicians to perform treatments in animal physical rehabilitation, but does not allow foor physical therapists to use their training and expertise to help our patients if literally interpreted. No other mention of wording that could pertain to animal rehabilitation is mentioned.
Mississippi
In Mississippi, definition of veterinary medicine is as follows:
(s) "Practice of veterinary medicine" means:
(i) To diagnose, treat, correct, change, alleviate or prevent animal disease, illness, pain, deformity, defect, injury or other physical, dental or mental conditions by any method or mode, including:
- The prescribing, dispensing, administering or applying of any drug, medicine, biologic, apparatus, anesthetic or other therapeutic or diagnostic substance or medical or surgical technique; or
- The using of complementary, alternative and integrative therapies; or
- The rendering of advice or recommendation by any means including telephonic and other electronic communications with regard to any of the above.
- Any person providing consultation to a licensed veterinarian in this state on the care and management of a patient.
- Any member in good standing of another licensed or regulated profession within any state, or any member of an organization or group approved by the board, providing assistance requested by a veterinarian licensed in the state, acting with informed consent from the client, and acting under the direct or indirect supervision and control of the licensed veterinarian. Providing assistance involves hands-on active participation in the treatment and care of the patient. The licensed veterinarian shall maintain responsibility for the veterinarian-client-patient relationship.
April 2016 – Kentucky, Louisiana
Here are additional comments about the Veterinary Practice Acts in Kentucky and Louisiana from Dr. Kristyn Richardson, AARV's legislative liaison, continued from the "Legislative Update" in the April 2016 AARV email newsletter.
Kentucky
I feel as if I am starting to sound like a broken record, but Kentucky’s wording in the veterinary practice act for the definition of the practice of veterinary medicine is very similar to other states studied:
(5) "Practice of veterinary medicine" means:
- To diagnose, treat, correct, change, relieve, or prevent: animal disease, deformity, defect, injury, or other physical or mental conditions, including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique, and the use of any manual or mechanical procedure for testing for pregnancy, or for correcting sterility or infertility, or to render advice or recommendation with regard to any of the above;
- To engage in veterinary surgery, obstetrics, embryo transfer, dentistry, acupuncture, manipulation, and all other branches or specialties of veterinary medicine and the prescribing, administering, or dispensing of drugs and medications for veterinary purposes, in accordance with the applicable federal statutes and regulations governing controlled prescription and legend drugs; and
- To use any title, words, abbreviation, or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in paragraphs (a) and (b) of this subsection;
- Alternative therapy and/or collaborative treatment may be performed by a layperson (a person not licensed, registered, or certified by the board) only with an order or prescription from a Louisiana licensed, supervising veterinarian who has first established the veterinarian-client-patient relationship, and can be performed only under such supervising veterinarian’s direct supervision and with the written informed consent of the owner of the animal (client) or his duly authorized agent. The layperson must possess a license, registration, or certification issued by another Louisiana regulatory authority, or he must possess verification of an educational level acceptable by the board, in the subject matter of the alternative therapy and/or collaborative treatment at issue.
- Direct supervision as used in this Section means the supervising veterinarian must be on the premises where the alternative therapy and/or collaborative treatment are being performed and is directly responsible for the on-going evaluation and/or diagnosis. A lay person (a person not licensed, registered, or certified by the board) cannot perform surgery, on-going evaluation and/or diagnosis, prognosis, or prescribe treatment, medicines, or appliances as set forth in §702.A.2.
- The supervising veterinarian will be held accountable for the proper diagnosis and treatment of the animal, including the work delegated to the layperson, as well as compliance with proper documentation in the patient’s medical record as set forth in §701, including the written informed consent for the alternative therapy and/or collaborative treatment obtained from the client or his duly authorized agent. The supervising veterinarian will also be held accountable for the maintenance of the confidential relationship with the client and patient.
- Alternative therapy as used in this Section includes, but is not limited to, ultrasonography, magnetic field therapy, holistic medicine, homeopathy, animal chiropractic treatment, animal acupuncture, animal physical therapy, animal massage therapy, and laser therapy.
In the remainder of the veterinary practice act, there is only the information that only a person holding a valid license to practice veterinary medicine is legally able to practice veterinary medicine. There are no stipulations or exceptions found within this practice act.
According to the Kentucky Physical Therapy Practice Act, there are no stipulations for animal physical rehabilitation. The definition of physical therapy uses the word "individuals" instead of "human" so that is unique to their definition.
Louisiana
Louisiana is very thorough in their explanation and definitions. Though the definition of veterinary medicine in the veterinary practice act is very similar to other states, there is a subsection in Title 46, PROFESSIONAL AND OCCUPATIONAL STANDARDS, Part LXXXV. Veterinarians. This subsection states this below:
§712. Alternative Therapy and Collaborative Treatment
Animal physical rehabilitation is mentioned in this subsection and allows for the use of a "layperson" by definition of Title 46, which needs to be licensed or qualified in the area of their profession. This allows for a full rehabilitation team to be established for the good of the patient. The downside — it looks as if the veterinarian is wholly responsible for what happens to their patients, even if it is at the hand of another professional.
The Louisiana Physical Therapy act does not have any stipulation about animal physical rehabilitation.
March 2016 – Illinois, Indiana, Kansas
Here are additional comments about the Veterinary Practice Acts in Illinois, Indiana, and Kansas from Dr. Kristyn Richardson, AARV's legislative liaison, continued from the "Legislative Update" in the March 2016 AARV email newsletter.
Illinois
Under the Statute 225 ILCS 115/1, there is a definition that includes animal physical rehabilitation:
"Complementary, alternative, and integrative therapies" means a heterogeneous group of diagnostic and therapeutic philosophies and practices, which at the time they are performed may differ from current scientific knowledge, or whose theoretical basis and techniques may diverge from veterinary medicine routinely taught in accredited veterinary medical colleges, or both. "Complementary, alternative, and integrative therapies" include, but are not limited to, veterinary acupuncture, acutherapy, and acupressure; veterinary homeopathy; veterinary manual or manipulative therapy or therapy based on techniques practiced in osteopathy, chiropractic medicine, or physical medicine and therapy; veterinary nutraceutical therapy; veterinary phytotherapy; and other therapies as defined by rule.
There is also an exemption in section 4, subsection (9) that states:
A member in good standing of another licensed or regulated profession within any state or a member of an organization or group approved by the Department by rule providing assistance that is requested in writing by a veterinarian licensed in this State acting within a veterinarian-client-patient relationship and with informed consent from the client and the member is acting under the immediate, direct, or indirect supervision and control of the licensed veterinarian. Providing assistance involves hands-on active participation in the treatment and care of the patient, as defined by rule. The licensed veterinarian shall maintain responsibility for the veterinarian-client-patient relationship, but shall be immune from liability, except for willful and wanton conduct, in any civil or criminal action if a member providing assistance does not meet the requirements of this item (9).
This gives the veterinarian the opportunity to provide animal physical rehabilitation in collaboration with a licensed physical therapist. This particular wording allows a veterinarian to utilize a full rehabilitation team. The state of Illinois does not designate continuing education needed or training needed for these professionals or for veterinarians within the rehabilitation and sports medicine field, but it makes an effort to make sure that the professionals are licensed in their profession.
Indiana
The state of Indiana has some interesting wording in Section 12 with regard to the definition of the practice of veterinary medicine:
(a) "Practice of veterinary medicine" means:
(6) performing a:(A) surgical or dental operation; or(B) complimentary or alternative therapy; upon an animal;
(b) The term does not include: (1) administering a drug, medicine, appliance, application, or treatment that is administered at the direction and under the direct supervision of a veterinarian licensed under this article; or (2) equine massage therapy.These 2 parts of the above definition could be interpreted to be contradictory when considering the animal physical rehabilitation team. It does allow for some leeway, but does not allow as much freedom for a physical therapist to work with animals.
The exceptions to licensure section (IC 25-38.1-3-1), is similar to Illinois in allowing some professional direction and discretion by a licensed veterinarian with regard to their patients with regard to relationships between physical therapists and veterinarians:
(11) A member in good standing of another licensed or regulated profession within Indiana who:(A) provides assistance requested by a veterinarian licensed under this article;(B) acts with the consent of the client;(C) acts within a veterinarian-client-patient relationship; and (D) acts under the direct or indirect supervision of the licensed veterinarian.
Unlike Illinois, however, there is no exemption from liability clause for the veterinarian. Without this, it is possible the veterinarian assumes all responsibility for the actions of those professionals with which they collaborate.
Kansas
Under Article 8, K.S.A. 47-816,
(h) "Practice of veterinary medicine" means any of the following: (1) To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury or other physical or mental condition; including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthesia or other therapeutic or diagnostic substance or technique on any animal including but not limited to acupuncture, surgical or dental operations, animal psychology, animal chiropractic, theriogenology, surgery, including cosmetic surgery, any manual, mechanical, biological or chemical procedure for testing for pregnancy or for correcting sterility or infertility or to render service or recommendations with regard to any of the above and all other branches of veterinary medicine. (2) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in paragraph (1). (3) To use any title, words, abbreviation or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in paragraph (1). Such use shall be prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine. 2 (4) To collect blood or other samples for the purpose of diagnosing disease or conditions. This shall not apply to unlicensed personnel employed by the United States department of agriculture or the Kansas department of agriculture who are engaged in such personnel's official duties. (5) To apply principles of environmental sanitation, food inspection, environmental pollution control, animal nutrition, zoonotic disease control and disaster medicine in the promotion and protection of public health in the performance of any veterinary service or procedure.
No other mention is made of anything that could be considered to apply specifically to animal physical rehabilitation.
December 2015 – Florida, Georgia
Here are additional comments about the Veterinary Practice Acts in Florida and Georgia from Dr. Kristyn Richardson, AARV's legislative liaison, continued from the "Legislative Update" in the December 2015 AARV email newsletter.
Florida
Florida has an interesting wording in its definition of veterinary medicine. In 474.202 subsections (9) and (13), the definition of veterinary medicine is as follows:
(9) "Practice of veterinary medicine" means diagnosing the medical condition of animals and prescribing, dispensing, or administering drugs, medicine, appliances, applications, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease thereof; performing any manual procedure for the diagnosis of or treatment for pregnancy or fertility or infertility of animals; or representing oneself by the use of titles or words, or undertaking, offering, or holding oneself out, as performing any of these functions. The term includes the determination of the health, fitness, or soundness of an animal.
(13) "Veterinary medicine" includes, with respect to animals, surgery, acupuncture, obstetrics, dentistry, physical therapy, radiology, theriogenology, and other branches or specialties of veterinary medicine.
What I find very interesting is the definition of "Responsible Supervision" (474.202 subsection (10)):
(10) "Responsible supervision" or words of similar purport mean the control, direction, and regulation by a licensed doctor of veterinary medicine of the duties involving veterinary services which she or he delegates to unlicensed personnel.
This could be a way to utilize the talents and skill of physical therapists in animal physical rehabilitation in Florida.
Now there is some wording in this practice act that we need to bring up. The term "physical therapy" is a protected term used by licensed physical therapists. In the state of Florida, the Physical Therapy Practice Act defines the "practice of physical therapy" (406.021 subsection 11) as:
(11) "Practice of physical therapy" means the performance of physical therapy assessments and the treatment of any disability, injury, disease, or other health condition of human beings, or the prevention of such disability, injury, disease, or other condition of health, and rehabilitation as related thereto by the use of the physical, chemical, and other properties of air; electricity; exercise; massage; the performance of acupuncture only upon compliance with the criteria set forth by the Board of Medicine, when no penetration of the skin occurs; the use of radiant energy, including ultraviolet, visible, and infrared rays; ultrasound; water; the use of apparatus and equipment in the application of the foregoing or related thereto; the performance of tests of neuromuscular functions as an aid to the diagnosis or treatment of any human condition; or the performance of electromyography as an aid to the diagnosis of any human condition only upon compliance with the criteria set forth by the Board of Medicine.
In Florida's veterinary practice act, by using the words "physical therapy," we are using a protected term specifically to be used by licensed physical therapists who are treating humans. Granted, it may be words to describe a practice, but these words hold a lot of weight when looked at more closely. The fact that "physical therapy" is a protected terms calls for evaluation and possible revision of that statement when the practice act is open for review.
Georgia
According to the Georgia Veterinary Practice Act, the practice of veterinary medicine is:
§ 43-50-3. Definitions
(11) "Practice veterinary medicine" or "practice of veterinary medicine" means:
(A) To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions, including the prescription, administration, or dispensing of any prescription drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique on, for, or to any animal, including but not limited to acupuncture, animal dentistry, manual or mechanical adjustment procedures, physical therapy, surgery, diagnostic veterinary pathology, any manual, mechanical, biological, or chemical procedure used for pregnancy testing or for correcting sterility or infertility, or to render advice or recommendations with regard to any of the above; but not including such administration or dispensing pursuant to prescription or direction of a licensed veterinarian;
(B)(i) To apply or use any instrument or device on any portion of an animal's tooth, gum, or any related tissue for the prevention, cure, or relief of any wound, fracture, injury, disease, or other condition of an animal's tooth, gum, or related tissue. (ii) To engage in preventive dental procedures on animals including, but not limited to, the removal of calculus, soft deposits, plaque, or stains or the smoothing, filing, or polishing of tooth surfaces. (iii) Nothing in this subparagraph shall prohibit any person from utilizing cotton swabs, gauze, dental floss, dentifrice, toothbrushes, or similar items to clean an animal's teeth;
(C) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in subparagraphs (A) and (B) of this paragraph;
(D) To use any title, words, abbreviation, or letters in a manner or under circumstances which induce the belief that the person using them is legally authorized or qualified to perform an act included in this paragraph. Such use shall be evidence of the intention to represent oneself as engaged in the practice of veterinary medicine;
(E) To apply principles of environmental sanitation, food inspection, environmental pollution control, zoonotic disease control, and disaster medicine in the promotion and protection of public health as it specifically relates to animals. This subparagraph shall apply only to licensed veterinarians and not to other qualified individuals;
(F) To collect blood or other samples for the purpose of diagnosing diseases or related conditions. This subparagraph shall not apply to unlicensed professionals employed by or under contract with the United States Department of Agriculture or the Georgia Department of Agriculture who are engaged in their official duties;
(G) To administer a rabies vaccination to any animal that the state requires to be vaccinated.
Animal physical rehabilitation is mentioned under the "practice of veterinary medicine." This limits/prevents collaboration of physical therapists and veterinarians in the state of Georgia.
Unfortunately, like Florida, the term "physical therapy" is used in the definition. Again, evaluation and possible revision of that statement when the practice act is open for review should be considered. The definition of the practice of physical therapy in the Georgia Physical Therapy Practice Act is very similar to Florida's Physical Therapy Practice Act.
- The licensed physical therapist has practiced physical therapy on a full time basis equivalent to not less than three years.