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Issues

Created October 2010

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SUMMARY REPORT:
State Laws Governing Elective Surgical Procedures

Several states are beginning to regulate veterinary procedures including tail docking, ear cropping and devocalization. The following is a summary of which states currently have statutes and/or regulations concerning these procedures. For the full text of any of these laws, please contact the AVMA State Legislative and Regulatory Department.

Tail Docking
(see AVMA policy)

There are currently 12 states that regulate tail docking in some form. Massachusetts, Minnesota, New York, Ohio, and Washington prohibit the docking of a horse's tail. Connecticut, Michigan and South Carolina prohibit tail docking of a horse unless it is determined to be medically necessary by a licensed veterinarian. In New Hampshire, permission must be granted by the state veterinarian before a licensed veterinarian may perform a tail docking procedure on a horse. Illinois prohibits the tail docking of a horse unless it is proven to be a benefit to the horse and California prohibits the docking of both horses' and cows' tails except in emergency situations.

Pennsylvania is the only state that has provisions restricting the tail docking of dogs. The law prohibits the docking of a dog's tail that is over 5 days old. The law does not prohibit a veterinarian from performing a tail docking procedure if the dog is at least 12 weeks old and the veterinarian is using anesthesia. Between 5 days and 12 weeks of age, tail docking may only be performed if it is deemed medically necessary by a licensed veterinarian.

Ear Cropping
(see AVMA policy)

There are currently eight states that specifically regulate ear cropping of dogs. Connecticut, New Hampshire, New York and Pennsylvania prohibit ear cropping except by a licensed veterinarian while the dog is under an anesthetic. Illinois prohibits animal torture but makes an exception for alteration of an animal done under the direction of a licensed veterinarian. Maine prohibits mutilating an animal by irreparably damaging body parts but makes an exception for conduct performed by a licensed veterinarian. Massachusetts prohibits ear cropping except when performed by a licensed veterinarian and Washington prohibits ear cropping except when it is considered a customary husbandry practice.

Devocalization
(see AVMA policy)

There are currently four states that have laws prohibiting devocalization of dogs under certain circumstances. Massachusetts and New Jersey prohibit devocalization except in cases where it is medically necessary as determined by a licensed veterinarian. Ohio prohibits the devocalization of dogs which have been deemed dangerous and Pennsylvania prohibits devocalization of any dog for any reason unless the procedure is performed by a licensed veterinarian using anesthesia.

 

Source: Staff research, AVMA State Legislative and Regulatory Department
Contact: Tara Southwell, State Policy Analyst, AVMA State Legislative and Regulatory Department, 847-285-6779