Veterinarians, SPCA Sue California For Freedom to Use Telehealth

Veterinarians are suing the state of California for the right to use telehealth.

A federal lawsuit has been filed this week by several veterinarians and the San Francisco Society for the Prevention of Cruelty to Animals to force the state to ease the rules around telehealth. Among other things, the suit calls for the state to permanently extend emergency measures enacted during the pandemic to improve access to care, and it asks to eliminate the requirement that an “in-person” visit be conducted before using connected health channels.

“California’s restrictions cause unnecessary harm to veterinarians and their clients and unnecessary suffering in animals,” the lawsuit says. “The regulation hinders the communication of vital medical advice that would help animals.”

“People live in a world that has grown daily accustomed to medical appointments, court hearings, and classroom instruction conducted by Zoom and other online teleconference platforms,” the suit reads. “The state veterinarian board has arbitrarily deprived veterinarians of the opportunity to speak with clients using modern telemedicine communication methods, like Zoom, that are available to doctors who care for human beings, and which have become increasingly valuable and essential tools to the delivery of safe and comprehensive healthcare.”

With the coronavirus pandemic reducing in-person care, veterinarians have been struggling just as much as any other healthcare provider to stay afloat – perhaps even more so.

Prior to 2015, connected health platforms for veterinary care were pretty much non-existent, save for the odd mHealth app designed to help pet owners track their pet’s health and some platforms put to use by large farms and ranches to track herd health. Many states outlawed the use of telehealth for veterinary care, bowing to an industry that traditionally sees in-person (or in-pet) care as a significant source of income.

COVID-19 changed the game, shining a light on the value of pets and the challenges in accessing care services for them – especially when face-to-face care was being restricted. Recognizing those barriers, several states, California included, relaxed the rules around telehealth to allow veterinarians to use the technology during the public health emergency. But those rules are still quite restrictive when compared to other specialties.

The California lawsuit argues that veterinarians have the right to use telemedicine under the 1^st Amendment right of free speech, and that they’re been unfairly hindered while healthcare providers are allowed to use the technology on human patients.

As for the requirement for an in-person visit, opponents say veterinarians need to treat their patients in the clinic because their patients can’t speak and detail their health issues. The suit, meanwhile, argues that physicians are able to use telehealth on infants and others who can’t communicate.

“People can use telemedicine for themselves and their children, so why not for their pets?” Brandy Kuentzel, general counsel for the San Francisco SPCA, told the California Globe. “Telemedicine can be a vital tool to improve the lives of pets and the people who love them.”