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Posted 09 August 2006
View legislative update (PDF)
Although most state legislatures have adjourned or are in recess, we still have several important developments to report.
Ohio Gov. Taft signed into law a major revision of the veterinary practice act, with the active involvement of the Ohio Veterinary Medical Association. Like Kansas did earlier this year, Ohio created a loan repayment fund of up to $20,000 per year for graduates who agree to practice in veterinary shortage areas. The new practice act also clarifies that the definition of veterinary practice includes treatment of dental conditions, mental conditions, complementary, alternative and integrative therapies, as well as professional advice or recommendations made by telephonic or electronic means.
Delaware also revised its practice act, in part to create a new license for veterinary technicians working under supervision of a veterinarian. The state, along with Florida and Ohio, became the latest to join the trend to authorize trusts to care for pets.
As a response to what occurred during Hurricane Katrina last year, Louisiana approved a bill to include in disaster planning the humane evacuation, transport, and temporary sheltering of service animals and household pets in times of emergency or disaster. The new law provides immunity of premises liability to those who offer their property to provide shelter for animals during an emergency. A registry is created to allow pet owners to register their pets with the Louisiana Animal Welfare Commission.
The New Hampshire legislature approved a bill authorizing the director of the state's Division of Emergency Services, Communication and Management to prepare a plan for service animals to be evacuated in the event of an emergency. A commission is created to study the evacuation and housing of animals in case of an emergency.
Louisiana and New Hampshire follow Hawaii, Maine, Vermont and Florida (service animals) in adopting legislation specifically providing for pets and livestock during emergencies. Similar bills are pending in California, New Jersey and New York.
A recently issued memorandum eases West Virginia horse owners' ability to show their animals out of state. Equine health certificates issued by the state's Department of Agriculture will be effective for six months, rather than the current 30 days, as long as owners provide the agency with an "Equine Interstate Event Permit" application form (available at local veterinarians' offices) and other documentation. While traveling, horse owners must also maintain a travel log that includes in-transit stops, so that tracebacks are possible in the event of an animal disease outbreak. Other states with equivalent laws and a memorandum of understanding with West Virginia include Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee and Virginia.
This update's lawsuit of the month features the American Dog Owners Association's challenge of Englewood, NJ's dog ordinance that defines several breeds as aggressive and bans them from being kept within the city. The suit alleges that the ordinance violates state law, which explicitly prohibits dog breed discrimination. Stay tuned.
Finally, don't forget to mark December 2 and 3, 2006 on your calendars for the AVMA State Public Policy Symposium in Chicago. Look for a brochure and registration information in early September.
Please continue to share your thoughts and suggestions with us regarding state legislative and regulatory affairs. The following link takes you to the latest significant bills and regulations from around the country.
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