These are the most frequently asked questions that the GVMA office receives.
Veterinarians can legally prescribe any FDA-approved animal drug in any state. However, there are currently no FDA-approved animal drugs derived from marijuana or hemp (so CBD oil is not a currently approved drug). There is an approved CBD-related human drug, Epidiolex, which can also be prescribed by veterinarians in accordance with AMDUCA.
Even though the 2018 Farm Bill removed hemp products containing less than 0.3% of THC from being subject to the federal Controlled Substances Act, these products expressly remain subject to the Federal Food, Drug and Cosmetic Act (FFDCA). Under the FFDCA, any product used to diagnose, cure, mitigate, treat, or prevent disease in animals is a drug that requires FDA approval. Further, such a drug is deemed unsafe for any particular use or intended use in an animal that is not part of the approved labeling.
The exception is the extralabel use of drugs under regulations promulgated as part of the Animal Medicinal Use Clarification Act (AMDCUCA) that allow veterinarians to utilize FDA approved drugs in a manner inconsistent with their labeling under certain conditions. As mentioned above, there is an approved human drug product containing CBD that can be utilized under AMDUCA (Epidiolex).
The FDA is currently working through a process to determine how they will apply their authority under the FFDCA to all of the hemp and CBD products currently available on the market. The FDA has also indicated that the sale of any CBD or hemp product in food or as a dietary supplement is not legal. You may have heard that “animal supplements” are exempted from regulation by FDA because FDA does not recognize them as a category. This is not accurate information—such products are, in fact, regulated. The FDA regulates these products as either “food” or “drug.”
At this time it is unclear as to what FDA’s final policy in this area will look like, as they have broad authority to exercise enforcement discretion. In the meantime, veterinarians should exercise caution and understand the legal status of any hemp or CBD products utilized for therapeutic purposes.
Please see the AVMA’s FAQ on the regulatory status of cannabis, cannabis-derived, and cannabis-related products at the following link for more detailed information: https://www.avma.org/KB/Resources/FAQs/Pages/cannabis-FAQ.aspx
Contact the Georgia State Board of Veterinary Medicine. They are responsible for the regulation of licensed veterinarians, veterinarian technicians and faculty veterinarians in Georgia. The Board reviews applications, administers examinations, licenses qualified applicants and regulates the practice of licensees throughout the state. Use the below information to contact them.
Georgia State Board of Veterinary Medicine
237 Coliseum Drive
Macon, GA 31217-3805
Phone: (478) 207-2440
Fax: (866) 888-1308
Remember that licenses must be renewed by the end of every even year. Learn more here
Q: How long must I keep medical records?
A: According to the Georgia State Board of Veterinary Medicine 700-8-.01 (3) & (4) , “All records shall be kept in a readily retrievable form, shall be recorded contemporaneously, and shall be filed promptly following treatment.” “Patient records shall be kept by a veterinarian for three (3) years after a patient’s last visit, notwithstanding any other provisions of law.”
Q: I’ve been told that anything with the client’s signature must automatically become part of the client’s “permanent” history, and needs to stay with the record until it is ready for shredding/disposal. Is this true?
A: The large majority of sanctions imposed by veterinary state boards are a result of medical record keeping violations. Generally, the most common information that veterinarians fail to include in the medical record is communications with clients, staff and colleagues regarding the care of the patient. If the document is important enough to require a signature, and you have gone to the trouble of having the client provide a signature, then you need to save that document in the patient’s record. Otherwise, your steps to obtain the signature have been wasted.
Q: I have a new client and I would like to get the patient’s records from the previous veterinarian, can I just call and have them sent to me?
A: Patient medical records are the property of the veterinarian, however Board Rule 700-8-.01 (c)(5) requires that copies of patient records be made available to the owner of an animal. You may charge a reasonable fee to the owner. There is no requirement that they be made available to other veterinarians. It is recommended that every veterinarian create a records request form that your client can fill out if they want a copy of the records.
Q: Do I have to release medical records even if the pet owner has not paid the bill?
A: Yes. According to the Georgia State Board of Veterinary Medicine 700-8-.01 (c)(5), “Copies of patient records must be made available to the owner of the animal upon written request to the veterinarian who treated the animal or to the veterinarian facility where the treatment was provided. Such records must be made available within ten (10) business days from request. The veterinarian may charge a reasonable charge for the search, retrieval, duplication and, if applicable, mailing of the patient records.” Outstanding balances can be sought through civil remedy.
Q: If medical notes are in the computer, can I dispose of the paper file for a pet when it dies? Is a print-out of history or doctor’s notes legally sufficient or must I keep the original record for the designated number of years?
A: Regarding digital records or paperless files, Dr. Ted Cohn, former chair of the AVMA Informatics Committee wrote this:
“Electronic, or more properly, digital signatures are still relatively controversial. The federal government recognized them as legal for online transactions in October 2000. However, whether the Georgia legal system or the State Board of Veterinary Medicine would be satisfied in a court case is another question.
Client’s signatures might be captured electronically in a variety of ways: a tablet PC with the appropriate electronic form or a digitizing pad could be used. Other options might include a digital biometric security device (finger print, retinal scan, etc). Of course, a scanned image of a signed paper document could also be maintained in an electronic medical record. The crux of the problem still comes down to the concern that electronic records can be altered by a knowledgeable person. For legally sensitive transactions, the safest means of communication remains a traditional signature on a paper document. The safest advice is that until technology catches up with security and legal concerns, keep a pen handy.”
Additional note: if you were to go to a paperless office you should take measures to ensure the integrity of the records system – creating password protection and audit trails. Courts (not necessarily Georgia courts) have been fairly lenient in admitting electronic records, and there are no known legal cases in veterinary medicine where the admissibility of electronic medical records was denied.
Getting an outright definitive answer on the issue of electronic records may require a formal request by the GVMA to the State Board on how they would address electronic records. Until the board has provided their policy on electronic records in writing, it is ultimately up to them and their discretion on a case by case basis, and the issue will still have some ambiguity.
Yes! According to the Georgia Sales and Use Tax Exemptions – O.C.G.A. 48-8-3, drugs sold for animal use are not exempt from sales tax. Taxable sales would include prescription drugs and retail sales, but would not include professional services.
In addition, there is something known as Vendor’s Compensation, that will allow businesses to recover some of the sales tax. The Vendor’s Compensation rate on sales is three percent (.03) of the first $3,000 of state and local taxes, plus one half of one percent (.005) on the taxes over $3,000.
Example of vendor compensation:
Taxable Sales $17,000.00
Sales Tax at 6% $1,020.00
Vendor’s Compensation ($30.60)
Sales tax submitted to the state 989.40
When drug therapy is medically indicated, the attending veterinarian should initiate the prescription in the context of a valid veterinarian-client-patient relationship. Drugs may be dispensed or prescribed and the requests from clients to prescribe rather than dispense a drug must be honored. The client has the option to fill the prescription at any pharmacy. The law does not prohibit charging a fee, however, veterinary practices must establish a practice policy and be consistent. You may require a client to pick up the written prescription at your office in lieu of faxing it to an internet pharmacy.
Pharmacies cannot dispense drugs without the authorization of a licensed veterinarian (read, staff cannot authorize prescription requests from internet/mail order pharmacies.)
The GVMA solicited the assistance of an attorney to provide members with an appropriate letter to distribute with prescriptions not filled within your veterinary practice. All members may use this template.
No. According to O.C.G.A. § 44-14-490, “Every licensed veterinarian shall have a lien on each animal or pet treated, boarded, or cared for by him or her while in his or her custody and under contract with the owner of the animal or pet for the payment of charges for the treatment, board, or care of the animal or pet; and the veterinarian shall have the right to retain the animal or pet until the charges are paid.”
For more information on this rule visit http://www.lexisnexis.com/hottopics/gacode/default.asp and search for “§ 44-14-490”.
According to O.C.G.A. § 44-14-491, “If the charges due for any services enumerated in Code Section 44-14-490 are not paid within ten days after the demand therefor on the owner of the animal or pet or if the animal or pet is not picked up within ten days after the demand therefor on the owner of the animal or pet, which demand shall be made in person or by registered or certified mail or statutory overnight delivery with return receipt requested and addressed to the owner at the address given when the animal or pet was delivered, the animal or pet shall be deemed to be abandoned and the licensed veterinarian or operator of a facility is authorized to dispose of the animal or pet in such manner as such veterinarian or operator shall determine. Such ten-day period will begin to run on the date the demand is postmarked or the date the verbal command is communicated in person and shall be noted on the veterinarian’s or operator’s file on the animal or pet. For purposes of this subsection, the term “dispose of” means selling the animal or pet at public or private sale, giving the animal or pet away, or turning the animal or pet over to any humane society or animal shelter or other such facility.”
For more information on this rule visit http://www.lexisnexis.com/hottopics/gacode/default.asp and search for “§ 44-14-491”.
Pursuant to Georgia law O.C.G.A. § 43-50-3 (a)(G) and based upon public health concerns, the Georgia State Board of Veterinary Medicine considers the administration of rabies vaccine, for official vaccinates, in Georgia as the practice of veterinary medicine. Therefore, the Board finds that this practice cannot be delegated to an employee and the vaccine must only be administered by a Georgia licensed Doctor of Veterinary Medicine.
Yes! There are some tasks that RVTs may perform that asstistansts may not. Only technicians who have passed the Veterinary Technician National Exam (VTNE) and have registered with the Georgia State Board of Veterinary Medicine are allowed to be termed registered veterinary technicians (RVTs). All other non-registered employees must be called veterinary assistants. The Georgia State Board of Veterinary Medicine has passed new regulations that will govern the scope of practice for registered veterinary technicians and veterinary assistants. To view the difference in duty restrictions between these two positions, please view the scope of practice links.
Scope of Practice:
Steps to becoming licensed:
According to the Georgia State Board of Veterinary Medicine Rule 700-13-.01:
Here, in brief, are the federal guidelines:
Under the regulations, known as the FairPay rules, workers receiving less than $23,660 per year or $455 per week are guaranteed overtime pay. An exemption from those overtime pay rules is made for bona fide executive, administrative, professional (learned professional or creative professional), and outside sales employees and certain computer employees. To be exempt, they must be paid on a salary basis at not less than $455 per week, and they must meet certain tests regarding their job duties. Job titles do not determine exempt status.
FairPay in the Veterinary Clinic