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SB85 ENROLLED
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SB85
2JE9HIK-3
By Senators Stutts, Sessions, Butler
RFD: Healthcare
First Read: 13-Jan-26
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First Read: 13-Jan-26
Enrolled, An Act,
Relating to veterinary medicine; to amend Section
34-29-61, Code of Alabama 1975, to define the
veterinarian-client-patient relationship and other terms; to
add Section 34-29-77.1 to the Code of Alabama 1975, to
prohibit veterinarians from dispensing medication without a
veterinarian-client-patient relationship; to provide the
amount of time within which a prescription may be refilled; to
provide the veterinarian-client-patient relationship is shared
among all veterinarians at a location; to require a
veterinarian-client-patient relationship be reestablished
annually; and to make nonsubstantive, technical revisions to
update the existing code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 34-29-61, Code of Alabama 1975, is
amended to read as follows:
"§34-29-61
For the purposes of this article, the following terms
shall have the following meanings ascribed by this section :
(1) ACCREDITED SCHOOL OF VETERINARY MEDICINE. Any
veterinary college or division of a university or college that
offers the degree of doctor of veterinary medicine or its
equivalent and is accredited by the American Veterinary
Medical Association (AVMA).
(2) ANIMAL. Any animal or mammal other than man,
including birds, fish, reptiles, wild or domestic member of
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including birds, fish, reptiles, wild or domestic member of
the Kingdom Animalia other than humans , living or dead.
(3) APPLICANT. A person An individual who files an
application to be licensed to practice veterinary medicine or
licensed as a veterinary technician.
(4) BOARD. Alabama State Board of Veterinary Medical
Examiners.
(5) CLIENT. A person who has entered into an agreement
with a licensed veterinarian in person for the purpose of
obtaining veterinary medicine services.
(5)(6) CONSULTING VETERINARIAN. A veterinarian licensed
in another state who gives advice or demonstrates techniques
to a licensed Alabama veterinarian or group of licensed
Alabama veterinarians. A consulting veterinarian shall may not
utilize use this privilege to circumvent the law.
(6)(7) DIRECT SUPERVISION. The A supervising
veterinarian has initially examined the animal and will
examine at other times as acceptable veterinary medical
practice requires, consistent with the particular delegated
animal health care task. The supervising veterinarian is on
the premises and is quickly and easily available.
(7)(8) EMERGENCY. The animal has been placed in a life
threatening condition and immediate treatment is necessary to
sustain life A medical condition as determined by a licensed
veterinarian to warrant immediate medical intervention. The
term includes life-threatening or life-altering conditions and
potential loss of or permanent damage to major bodily
functions .
(8)(9) FOREIGN VETERINARY GRADUATE, EXCLUDING CANADA.
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(8)(9) FOREIGN VETERINARY GRADUATE, EXCLUDING CANADA.
Any person individual , including a foreign national or an
American citizen, who has received a professional veterinarian
medical degree from an American Veterinary Medical Association
listed veterinary college that is not accredited by the
American Veterinary Medical Association.
(9)(10) IMMEDIATE SUPERVISION. The A supervising
veterinarian is on the premises and in audible or visual range
of the animal patient and the person individual treating the
patient.
(10)(11) INDIRECT SUPERVISION. The A supervising
veterinarian has examined the animal and has given written or
oral instructions for the treatment of the animal while the
supervising veterinarian is away from the premises.
(11)(12) LICENSE. Any permit, approval, registration,
or certificate of qualification issued by the board.
(12)(13) LICENSED VETERINARIAN. A person An individual
who is validly and currently licensed to practice veterinary
medicine in Alabama.
(13)(14) LICENSED VETERINARY TECHNICIAN. A person An
individual who is validly and currently licensed to practice
as a veterinary technician in Alabama.
(15) LIVESTOCK. Food-producing animals, including
cattle, elk, reindeer, bison, horses, deer, sheep, goats,
swine, egg- and meat-producing poultry, llamas, alpacas,
honeybees, rabbits, live fish, crawfish, and other animals
that are a part of a herd.
(16) PATIENT. Any single animal or representative
segment of a consignment, herd, or flock.
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segment of a consignment, herd, or flock.
(14)(17) PERSON. Any individual, firm, partnership,
association, joint venture, cooperative, or corporation or any
other group or combination acting in concert; and whether or
not acting as a principal, trustee, fiduciary, receiver, or as
any kind of legal or personal representative, or as the
successor in interest, assigning agent, factor, servant,
employee, director, officer, or any other representative of
such the person.
(15)(18) 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.
b. To represent directly or indirectly, publicly or
privately, an ability and willingness to do any act described
in paragraph a.
c. To use any title, words, abbreviations, or letters
in a manner or under circumstances which induce the belief
that the person individual using them is qualified to do any
act described in paragraph a. Such use shall be prima facie
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act described in paragraph a. Such use shall be prima facie
evidence of the intention to represent oneself as engaged in
the practice of veterinary medicine.
d. Collects To collect blood or other samples for the
purpose of diagnosing disease or other conditions. This
paragraph shall not apply to unlicensed personnel employed by
the United States Department of Agriculture or the Alabama
Department of Agriculture and Industries who are engaged in
the Brucellosis eradication program or external parasite
control program pursuant to Section 2-15-192 .
e. To remove any embryo from a food animal or companion
animal for the purpose of transplanting the embryo into
another female animal or for the purpose of , cryopreserving
the embryo, or to implant implanting the embryo into a food or
companion animal. It shall not be considered the practice of
veterinary medicine for a person an individual or his or her
full-time employees to remove an embryo from the food or
companion animal of the person individual for the purpose of
transplanting or cryopreserving the embryo, or to implant an
embryo into the food or companion animal of the person
individual , provided ownership of the food or companion animal
shall not be transferred or employment of the person
individual shall not be changed for the purpose of
circumventing this article.
f. To provide veterinary medical services to a client
or patient in this state, including through telephonic,
electronic, or other means telemedicine , regardless of the
location of the veterinarian, shall constitute the practice of
veterinary medicine in this state and shall require licensure
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veterinary medicine in this state and shall require licensure
within this state and a veterinarian-client-patient
relationship must be have been previously established.
(19) SMALL ANIMAL. Animals other than livestock. The
term includes companion pets, exotic pets, and birds. The term
does not include poultry.
(16)(20) SUPERVISING VETERINARIAN. A veterinarian who
assumes responsibility for the professional care given to an
animal by a person an individual working under his or her
direction.
(21) TELEMEDICINE. In conjunction with a valid VCPR,
the use of electronic communication to exchange information
between a client and a licensed veterinarian about a patient's
health status from one site to another.
(22) TELETRIAGE. In the absence of a valid VCPR, the
safe, appropriate, and timely assessment and management of a
patient by electronic communication to render a good and safe
decision regarding a patient's condition based on a client's
or responsible party's report of the patient's history,
clinical signs, and photos or videos. The term includes the
determination of the immediate need of a patient to be
presented for an in-person physical examination due to
conditions of uncertainty and urgency. The term does not
include diagnosis treatment.
(17)(23) TEMPORARY LICENSE. Temporary permission to
practice veterinary medicine issued by the board pursuant to
this article.
(18)(24) UNLICENSED ASSISTANT. Any individual who is
not a licensed veterinary technician or veterinarian and is
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not a licensed veterinary technician or veterinarian and is
employed by a licensed veterinarian.
(19)(25) VETERINARIAN-CLIENT-PATIENT RELATIONSHIP
(VCPR). A relationship in which a licensed veterinarian
satisfies all of the following:
a. when the veterinarian has Has assumed responsibility
for making medical judgments regarding the health of the
animal or animals a patient and the need for medical
treatment , and is created by actual examination by the
veterinarian of the animal or a representative segment of a
consignment or herd the client has agreed to comply with the
veterinarian's instructions.
b. Has physically examined a patient within the
previous 12 months or more frequently as dictated by the age
of the patient, medical condition of the patient, treatment
therapy, or use of controlled substances.
c. Has sufficient knowledge of the patient to initiate
a general or preliminary diagnosis of the patient's medical
condition.
d. Is acquainted with the keeping and care of the
patient or the operation where the patient is managed.
e. Is readily available for ongoing or follow-up
evaluation and care of the patient or has arranged for
emergency veterinary care or continuing care and treatment of
the patient by an appropriate veterinary professional.
f. Oversees treatment of the patient, compliance with
the treatment, and the outcome.
g. Maintains complete and legible medical records
regarding the patient, including an assessment and treatment
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regarding the patient, including an assessment and treatment
plan, in a manner that another veterinarian may proceed with
continuity of care and treatment of the patient .
(20)(26) VETERINARIAN, DOCTOR OF VETERINARY MEDICINE,
DVM, VMD, or EQUIVALENT TITLE. A person An individual who has
received a doctor's degree in veterinary medicine from an
accredited school of veterinary medicine or holds an
Educational Commission for Foreign Veterinary Graduates
(ECFVG) certificate issued by the American Veterinary Medical
Association (AVMA).
(21)(27) VETERINARY FACILITIES. Any place or unit from
which the practice of veterinary medicine is conducted. The
following are types of veterinary facilities:
a. Veterinary or Animal Hospital or Clinic. Meets or
exceeds all mandatory requirements as listed in the
administrative code of the board for veterinary facilities. In
doing so, it provides quality examination, diagnostic, and
health maintenance services for medical and surgical treatment
of animals and is equipped to provide housing and nursing care
for the animals during illness or convalescence.
b. Specialty Practice or Clinic. Provides complete
specialty service by a veterinarian who has advanced training
in that specialty and is a diplomat of an approved specialty
college. It meets all minimum standards that are applicable to
that specialty.
c. Central Hospital. Shall meet Meets all requirements
of paragraph a. , as well as provide and provides specialized
care including 24-hour nursing care and specialty consultation
on a permanent or on-call basis. It is mainly utilized on
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on a permanent or on-call basis. It is mainly utilized on
referral from area veterinary hospitals or clinics.
d. Satellite, Outpatient, or Mobile Small Animal
Clinics Clinic . A supportive facility owned by or associated
with, or both, and has ready access to, within a reasonable
distance, a full-service veterinary hospital or clinic or a
central hospital providing all mandatory services and meeting
all minimum standards. The public shall be informed of the
limitation of services by way of a posted notice in plain view
and easily readable or by notice provided to the client by
flyer or card which clearly specifies those mandatory
veterinary medical services which that are not provided. In
addition, the main location and telephone number of the
veterinary hospital or clinic providing the required service,
as well as the signed agreement with the veterinary hospital
or clinic shall also be posted in plain view and be easily
readable. A veterinarian associated with this veterinary
hospital or clinic shall be on call during and after operation
of the satellite, outpatient, or mobile clinic to render aid
if necessary. The personnel of satellite, outpatient, or
mobile clinics shall consist of one or more veterinarians and
auxiliary personnel necessary to provide adequate outpatient
service. Operation of any satellite, outpatient, or mobile
clinic shall be under the direct supervision of a licensed
veterinarian who remains on the premises during the entire
time of operation.
e. Large Animal Mobile Clinic. Must provide Provides
examination, diagnostic, and preventive medicine, and minor
surgical services for large animals not requiring confinement
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surgical services for large animals not requiring confinement
or hospitalization. Emergency service and radiology service
shall be provided by that veterinarian or by written agreement
with another veterinarian or group of veterinarians in
practice in that locale. These clinics shall provide a degree
of veterinary care compatible with the level of standards
considered adequate to the practice of veterinary medicine
currently available in the area. Complete hospital facilities
may be provided by the nearest large animal hospital or
veterinary school.
f. Emergency Clinic. A facility established to receive
Receives patients and to treat treats illnesses and injuries
of an emergency nature requiring treatment. The clinic shall
provide professional diagnostic and emergency treatment during
hours when local veterinary hospitals are normally closed.
Emergency clinics shall meet all mandatory requirements of a
veterinary hospital or clinic.
(22)(28) VETERINARY INTERN. A person An individual who
is working towards toward completion of an ECFVG certificate
and who is working under the direct or indirect supervision of
a board approved licensed veterinarian in any state to
complete the practical experience internship required for
licensing in Alabama.
(23)(29) VETERINARY MEDICINE. Includes veterinary
surgery, theriogenology, dentistry, acupuncture, animal
psychology, chiropractic, and all other branches or
specialties of veterinary practice.
(24)(30) VETERINARY STUDENT PRECEPTEE. A person An
individual who is pursuing a veterinary degree in an
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individual who is pursuing a veterinary degree in an
accredited school of veterinary medicine which has a preceptor
or extern program and who has completed the academic
requirements of the program.
(25)(31) VETERINARY TECHNICIAN STUDENT. Any person An
individual enrolled in an AVMA accredited veterinary
technology program ; gaining clinical experience under the
supervision of a licensed veterinarian or licensed veterinary
technician in a clinical setting.
(26)(32) VETERINARY TECHNOLOGY. The skills and
knowledge accrued in a post-high school course of study,
accredited by the AVMA Committee on Education (COE) or the
board, in the area of care and treatment of animals. It
embodies limited skills, responsibility, and minimal exercise
of independent judgment in the treatment of patients of
veterinarians while under direct, indirect, or immediate
supervision of a veterinarian.
(27)(33) WHOLESALE VETERINARY DRUG DISTRIBUTOR. A
person engaged in the business of distributing veterinary
drugs and medicines for resale to veterinary practitioners and
other veterinary wholesalers and possesses a current permit
issued by the Alabama State Board of Pharmacy to engage in the
selling of veterinary drugs or medicines in the State of
Alabama."
Section 2. Section 34-29-77.1 is added to the Code of
Alabama 1975, to read as follows:
§34-29-77.1
(a) A VCPR remains with the licensed veterinarian who
established the initial VCPR and remains valid with other
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established the initial VCPR and remains valid with other
licensed veterinarians within the practice premises where the
written or electronic medical records of the patient are kept.
(b)(1) A licensed veterinarian may not prescribe or
dispense drugs without a VCPR.
(2) A VCPR may not be established for the sole purpose
of drug sales.
(3) Telemedicine may not be used to establish a VCPR.
(c) With a VCPR, a prescription may be refilled for not
more than one year from the initial prescription date unless
medically prohibited or restricted or prohibited by state or
federal law, rule, or regulation.
(d) A new VCPR shall be reestablished annually by the
date that the previous VCPR was established. If not
reestablished annually, a VCPR is not valid.
(f)(1) A licensed veterinarian may communicate by means
of teletriage with an individual if:
a. An emergency occurs outside of a valid VCPR;
b. The individual has not had a valid VCPR established
in the previous 12 months; or
c. The individual contacting the licensed veterinarian
is not a client.
(2) In teletriage, a diagnosis or treatment may not be
rendered. The individual and licensed veterinarian may arrange
an in-person visit or the licensed veterinarian may refer the
patient and individual to another licensed veterinarian for
assessment and treatment.
(g) If an emergency occurs within a valid VCPR and the
veterinarian who established the original VCPR is not
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veterinarian who established the original VCPR is not
available to examine the patient, the veterinarian may
communicate the changes in protocol to the client by means of
telemedicine and provide consultation, issue recommendations,
or refer the client to another licensed veterinarian.
Section 3. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB85
Senate 25-Feb-26
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Passed: 08-Apr-26
By: Senator Stutts
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