At the height of the COVID-19 pandemic, when many people were working from home and there was a surge in pet adoptions, virtual veterinary appointments were a convenient and safe option. Often referred to as “telehealth” or “telemedicine,” virtual veterinary care relies on the use of technology to allow a veterinarian to evaluate an animal remotely and prescribe a course of treatment. Even with the easing of restrictions that had been necessitated by the pandemic, telehealth continues to be a useful tool for delivering veterinary care, particularly for people with transportation or other mobility issues or who do not have a veterinarian within a reasonable distance of their home. Veterinary telehealth is also beneficial for pets who do not travel well or who are extremely stressed by visiting the veterinarian’s office.
A debate has been ongoing in Michigan regarding the rules governing the use of veterinary telehealth. Some believe that a veterinarian should provide services via telehealth only after he or she has acquired familiarity with the animal patient through an in-person examination. Others believe that a veterinarian can achieve a sufficient level of knowledge of the patient through virtual examination technology and would not require the veterinarian to perform an in-person examination before delivering services via telehealth.
In 2022, the Board of Veterinary Medicine was considering a proposed change to its rule regarding the use of telehealth. The new rule would require a veterinarian to perform an in-person examination of an animal before providing services via telehealth. During the 2021-22 legislative session, bills were introduced in the Michigan legislature that would have regulated the use of telehealth in the context of the rules for the creation of a veterinary-client-patient relationship (VCPR). The bills would have allowed the creation of a VCPR through the use of telehealth without necessitating a preliminary in-person examination. A past article described in detail the evolution of the proposed Board of Veterinary Medicine rule change and legislation.
Since that article was published, there have been some developments regarding the Michigan law on the use of veterinary telehealth. The Board of Veterinary Medicine ultimately approved the amendment to its rules regarding the use of telehealth effective March 2023. The new rule requires that a veterinarian providing services via telehealth:
(d) Have sufficient, current knowledge of the animal patient to render telehealth services demonstrated by satisfying 1 of the following:
(i) Except in the case of an emergency, have recently examined the animal patient in person.
(ii) Have conducted medically appropriate and timely visits to the premises where the group of animal patients is kept.
This new rule is more restrictive of the use of telehealth than the previous rule, which went into effect in April 2021 and allowed the veterinarian to obtain “current knowledge of the animal patient through the use of instrumentation and diagnostic equipment through which images and medical records may be transmitted electronically.”
The bills pending in the Michigan legislature last session were not passed and died on December 31, 2022. Therefore, Michigan veterinarians currently are required to comply with the Board of Veterinary Medicine rule when using telehealth. However, a new bill was recently introduced in Michigan addressing the use of veterinary telehealth.
House Bill 4980 addresses the use of telehealth in the context of creating a veterinary-client-patient relationship (VCPR). Michigan is one of the few states without a law requiring veterinarians to establish a VCPR before providing veterinary care. The proposed bill would amend the Public Health Code to include rules for the creation of a VCPR. One of those rules would allow for the creation of a VCPR through telehealth without requiring a preliminary in-person examination:
(1) (b) The veterinarian must have current knowledge of the animal to initiate, at a minimum, a general or preliminary diagnosis of the medical condition of the animal. A veterinarian may obtain current knowledge of an animal for purposes of this subdivision through any of the following means:
(i) Conducting an in-person examination of the animal.
(ii) Subject to subsection (2), conducting an examination of the animal through telehealth using real-time interactive audio and visual electronic technology.
The bill was introduced on September 14, 2023 by Rep. Laurie Pohutsky, who was joined by a dozen bipartisan cosponsors. The bill was assigned to the House Committee on Agriculture.
Michigan Humane supports HB 4980 and the responsible use of veterinary telehealth to promote access to care. As we work to create and sustain humane communities, telehealth could be a vital tool in helping us to meet people where they are. For example, telehealth could allow our veterinarians to work with our Community Services and Field Services teams to assess an animal’s needs and provide services that would support keeping pets with their families.
We are going to keep working to improve animal welfare and create a more humane community while serving as a voice for the animals through advocacy. Together, we can continue to make a difference in animals’ lives. If you know someone who you think would be interested in this information, please forward this to them and encourage them to sign up for our Legislative Action Network.