As an attorney representing veterinarians and veterinary practices, I have seen firsthand how rapidly the veterinary field has adapted to technological advancements, particularly telemedicine. The COVID-19 pandemic accelerated the shift towards virtual care, pushing veterinarians to adopt remote workflows overnight. However, the question remains: has veterinary telemedicine truly lived up to its potential? The answer is more complex than a simple yes or no, and it involves navigating a maze of state and federal laws.
One of the most pressing legal issues surrounding veterinary telemedicine is the ability to establish a virtual Veterinary-Client-Patient Relationship (VCPR). The challenge lies in the differing laws across states and the ambiguous nature of the requirements for VCPR. Some states expressly forbid the establishment of a VCPR through telemedicine, while others allow it under certain conditions. The inconsistent patchwork of laws creates confusion for veterinarians trying to implement telemedicine while ensuring they remain compliant.
From a legal perspective, veterinarians need to be mindful not only of their state’s regulations but also federal rules, especially when prescribing medication. For example, the FDA has made it clear that in cases involving certain medications, a VCPR cannot be established solely through telemedicine. This adds another layer of complexity for veterinary practices offering virtual care.
For veterinarians, the potential benefits of telemedicine are undeniable. It can increase access to care for underserved communities, offer convenience for pet owners with mobility issues, and reduce stress on pets who find in-office visits overwhelming. However, the legal risk of establishing a VCPR virtually, without first conducting an in-person exam, remains a significant hurdle.
Veterinarians must weigh the risks and rewards of telemedicine and, if they choose to implement it, ensure they have appropriate safeguards in place. Consulting with legal counsel can help them navigate the legal landscape, avoid costly mistakes, and ensure they are providing care that not only benefits their patients but also protects their practices from liability.
As the veterinary profession continues to evolve, telemedicine will likely play a growing role. However, ensuring compliance with ever-changing state and federal regulations is crucial. For veterinarians looking to incorporate telemedicine into their practices, it’s essential to stay informed about both the legal landscape and the best practices that can help them succeed in this new frontier of veterinary care.
Learn more about individual state veterinary telehealth laws here.