Date: August 22, 2024Attorney: Peter H. Tanella

As veterinary practice owners in 2024, you find yourselves at the intersection of rapid technological advancements, evolving industry standards, and increasingly stringent regulatory frameworks. The landscape is complex and constantly changing, making it essential to stay ahead of the curve to ensure the success and compliance of your practice. Here are the top 10 legal challenges you should be aware of this year. These are not listed in a particular order.

1. Telemedicine and Telehealth Compliance

Telemedicine is revolutionizing veterinary care, but it brings with it a maze of legal considerations. You must ensure compliance with state and federal regulations, particularly when providing care across state lines. This includes securing the necessary licenses and safeguarding patient confidentiality in a digital environment.

2. Employment Law Issues

Employment law is a critical area that continues to evolve. Whether it’s navigating the complexities of overtime pay, employee classification (employee vs. independent contractor), or adhering to anti-discrimination laws, staying compliant is crucial. Additionally, the mental health and well-being of your staff are becoming increasingly important, and your legal obligations in this area are growing.

3. Corporate Practice of Veterinary Medicine

The rise of corporate ownership in veterinary practices has led to new legal challenges. Compliance with state laws that restrict corporate practice is essential, especially to ensure that medical decisions remain in the hands of licensed veterinarians rather than corporate executives.

4. Data Privacy and Cybersecurity

Data breaches are a significant concern in 2024, and veterinary practices are not immune. Compliance with data privacy laws like the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) is critical. Implementing robust cybersecurity measures to protect patient and client data is equally important.

5. Controlled Substances Compliance

Managing controlled substances within your practice involves stringent adherence to DEA regulations. This includes proper storage, accurate prescribing and dispensing, and meticulous tracking and reporting to prevent misuse. Non-compliance can result in severe penalties.

6. Practice Ownership Transitions

With many veterinarians reaching retirement age, the legal intricacies of practice transitions—whether through sale, merger, or acquisition—are more relevant than ever. Navigating purchase agreements, non-compete clauses, and ensuring smooth transitions are key to maintaining the continuity of care and business operations.

7. Zoning and Land Use Regulations

Expanding or relocating your practice can be legally complex. Zoning laws and land use regulations vary significantly by jurisdiction, and failure to comply can result in costly delays or even the inability to operate in your desired location.

8. Animal Welfare and Liability

Animal welfare is at the heart of veterinary practice, but it also poses legal challenges. Compliance with animal welfare regulations is becoming stricter, and the risk of malpractice or negligence claims is increasing, particularly in an era of heightened animal rights advocacy.

9. Licensing and Accreditation

Maintaining proper licensing and accreditation is non-negotiable. Keeping up with evolving state and federal requirements, as well as industry standards set by organizations like the American Animal Hospital Association (AAHA), is essential for your practice’s legal and operational standing.

10. Regulatory Compliance with New Technologies

The adoption of cutting-edge technologies, such as artificial intelligence in diagnostics and treatments, presents new legal challenges. Ensuring regulatory approval, protecting intellectual property rights, and using these technologies ethically are critical considerations for forward-thinking veterinary practices.

Conclusion

The legal landscape for veterinary practice owners in 2024 is more challenging than ever, requiring a proactive approach to compliance and risk management. By understanding and addressing these top legal challenges—ranging from telemedicine regulations to data privacy and employment law—you can better navigate the complexities of the industry. Doing so will not only help you avoid potential pitfalls but also position your practice for long-term success and innovation in a rapidly evolving field.

In this dynamic era, diligence, adaptability, and foresight are key to maintaining the ethical integrity and success of your veterinary practice. The National Veterinary Law Group at Mandelbaum Barrett PC is here to answer any questions you may have.

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