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Posted 15 March 2006
View legislative update (PDF)
The month of March is a time when many state measures advance with a fury, while others retreat into oblivion, at least for the year. Utah Gov. Huntsman signed into law a major revision of the state's veterinary practice act. The wide-reaching measure specifically recognizes AVMA accreditation of veterinary colleges and ECFVG certification, while creating new standards for unprofessional conduct, medical records, establishing VCPR and immunity for reporting animal cruelty. The legislation allows for practice of animal message therapy and acupuncture with written referral by veterinarian. Meanwhile, Alabama Gov. Riley signed a bill making the state the latest to recognize pet trusts. Connecticut, Florida, Maryland, Ohio and Virginia have similar provisions pending.
Some big battles continue to be fought concerning non-veterinarians attempting to win the right to practice on animals. In Arizona, the VMA has been successful in stopping legislation that would have opened the door to numerous unregulated therapies and treatments. The association is negotiating the proper scope for equine lay dental practitioners working under veterinary supervision.
The Tennessee VMA also has been active in response to proposals to exclude artificial insemination, castrating and dehorning from the practice of veterinary medicine as it relates to various livestock. The AAEP and AABP have provided input and support in what turned out to be a huge turnout by veterinarians at a recent committee hearing. It appears that a compromise may be forged among the various groups this session.
We also wish to bring you up to date on several lawsuits that are not regularly part of this update. In a high profile case, the City of West Hollywood filed a notice of appeal from the decision of the California Superior Court that local ordinances may not infringe on licensed professionals' state-granted rights to practice within the scope of their licenses. Due to the appeal, the order to rescind the ordinance to ban animal declawing in West Hollywood is stayed until there is a ruling on the appeal.
On March 3, 2006, the Ohio Court of Appeals reversed the judgment of a lower court and struck down a local ordinance prohibiting ownership of more than one pit bull, and a state statute that requires liability insurance for pit bull owners. The court ruled that the laws violated a dog owner's right to equal protection and deprived him of property without due process, finding that there is no rational basis to single out the American Pit Bull terrier as inherently dangerous or vicious. The opinion in the case of Toledo vs. Tellings contains strong language against breed-specific legislation.
In federal court, an animal rights group and six of its members were convicted of inciting violence in their campaign to shut down a company that uses animals to test drugs and other consumer products. The court rejected the group's claims that its actions constitute free speech, instead finding that they constitute harassment, stalking, and conspiracy. This is first such conviction under the 1992 Animal Enterprise Protection Act.
This month's update chart is attached. Please continue to share your thoughts and suggestions with us regarding state legislative and regulatory affairs. Thank you for your support.
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