Legislative Update

By Bill Croushore, DVM, PVMA Secretary/Treasurer

this time; however, it is unlikely to gain traction in the Senate, for now. It is likely that this bill will continue to show up every session. PVMA’s position on Victoria’s Law can be found on our website, PAVMA.org under advocacy.

There has also been a bill introduced that would raise the dog license fees that fund enforcement of the Dog Law. PVMA is in support of this fee raise since it has been several decades since the fees were raised.

One more bill of concern to veterinarians is the “Protecting our Pets” bill introduced by Rep. Schlossberg. This bill seeks to regulate the pet insurance industry. Currently, there is no regulation of the pet insurance industry in Pennsylvania; this would be a first step in building a regulatory framework. PVMA has not taken a position on this legislation yet.

Issue 3: Xylazine as a Controlled Substance

Finally, there has been a flurry of activity surrounding the Shapiro administration’s executive rule to schedule xylazine as a Class III controlled substance. The administration wants this to be able to prosecute illegal possession of xylazine since it is being used to cut illegal fentanyl. It is believed that xylazine is contributing to overdose deaths when used in conjunction with opioids. In addition, the county district attorneys are wanting authority to prosecute illegal possession of xylazine, which they do not have if it isn’t a controlled substance.

The problem for veterinarians is, if xylazine is scheduled as a Class III controlled substance, it is very likely manufacturers and distributors will quit selling to practices in Pennsylvania because of the regulatory burden. Nationally, xylazine is a $4 million drug in revenue in a $7 billion animal health market. It is also a low margin drug for the manufacturers, and it wouldn’t take much to lose it.

With great help from our lobbyist, Patty Mackavage of Duane Morris Government Strategies, we have been working overtime to preserve the availability of xylazine in Pennsylvania. We assembled a team of veterinarians from Penn Vet, AABP, AAEP, and the AVMA to help PVMA lobby for exemptions for the veterinary community and our clients, and we were successful. As of Saturday, June 3, the final rule was published that exempts legal prescription xylazine from being scheduled as a controlled substance, while still allowing illicit bulk xylazine to be scheduled.

Since this is a temporary emergency rule, we still have some work to do. We would like to see legislation in the Commonwealth to make this permanent, and there is a bill likely to be introduced. This is similar to efforts in both Tennessee and Louisiana at least, and the bill is modeled after the federal bill, “Combatting Illicit Xylazine Act” (CIXA). The precedent for this is a law passed nearly 30 years ago that controlled anabolic steroids while exempting veterinary formulations. There is momentum in both the US House and Senate to make this law. CIXA needs to happen to prevent xylazine from being scheduled at the federal level, which if that happens, xylazine will certainly cease to be available because of the regulatory burden. The PVMA continues to support the AVMA in their efforts to get CIXA passed at the federal level.

If there are any questions about legislative or regulatory matters, or if you are interested in assisting the PVMA in our efforts, please reach out to Dr. Jim Holt or myself.