|
Posted 14 September 2006
View legislative update (PDF)
Labor Day signals the traditional kick off for the fall elections, when thousands of state legislative seats will be up for grabs. We also see increased legislative activity at this time of year. For example, New York extended provisions authorizing the waiver of citizenship requirement for licensure as veterinarian until Dec. 31, 2009.
The California legislature sent two bills to the Gov. Schwarzenegger. One would require that state agencies involved with disaster preparation develop a plan for the needs of service animals, livestock, equines and individuals with household pets after a disaster or major emergency. The other bill would prohibit leaving companion animals in closed vehicles under conditions that endanger their health or well-being.
A legislatively-directed panel in Tennessee is holding a series of public forums to determine the extent of the shortage of rural veterinarians in the state. Both state and federal lawmakers are increasingly interested in this issue.
Several pending proposals could still be acted upon during the rest of 2006. And we have received the first early filing of a draft bill for 2007, so be prepared! The next session is right around the corner.
Court activity continues as well. A lay equine teeth floater has filed suit challenging a Minnesota law passed in 2005 allowing non-veterinarians to float teeth if they are certified by an equine dentistry organization and work under the supervision of a veterinarian. The plaintiff asserts that his due process and equal protection rights have been violated as the regulation does not bear a rational relationship to any legitimate public interest, and that the delegation of certification to a private entity is an unconstitutional delegation of state power.
In another challenge to a government regulation, the Illinois Restaurant Association filed a lawsuit arguing that the city of Chicago’s foie gras ban is unconstitutional as outlawing a particular food where there are no health or safety concerns, and production of that food is entirely lawful. According to the suit, foie gras is not produced in Chicago, and therefore the city is violating home rule powers. Meanwhile, Philadelphia is also considering a ban modeled after Chicago and HSUS recently filed suit against Hudson Valley Foie Gras for allegedly violating its Clean Water Act permit repeatedly in the past five years.
On Aug. 30th, the U.S. District Court for the Western District of Texas issued a written ruling that pharmacies that otherwise comply with the federal Food, Drug and Cosmetic Act may compound drugs for non-food animals from legal bulk ingredients. These are not to be considered "new drugs" or "new animal drugs under the act. This case was distinguished from previous cases where bulk drug suppliers were found to violate the law in providing bulk drugs directly to veterinarians, and represents a major victory for drug compounders.
Following up on last month’s report, a New Jersey Superior Court judge issued a finding that Englewood, NJ’s aggressive dog ordinance, which defines specific breeds of dogs as dangerous, was a clear and direct violation of state law. New Jersey statutes explicitly prohibit breed discrimination. Litigation continues in the case.
A note from overseas. Apparently, Australia is struggling with some of the same issues as the U.S. A new animal welfare regulation was proposed in New South Wales to restrict a range of routine animal health procedures to veterinarians, including dehorning cattle, and mulesing sheep over a year old, and castrating cattle, sheep and goats over six months of age. The new regulations also classify most equine dentistry as veterinary science, limiting equine dentists to basic teeth cleaning and rasping. Not surprisingly, equine dentists are fighting the proposal.
We enjoyed seeing many of you recently at the Nine-States Meeting, New England Veterinary Conference and Executive Board orientation. Be on the look out next week for the brochure and registration materials for the State Public Policy Symposium on Dec. 2-3, 2006 to be held at the Chicago Marriott O’Hare.
We appreciate receiving your updates and reports, and hearing from you on state legislative and regulatory affairs generally. The following link takes you to the latest significant bills and regulations from around the country.
|
= AVMA/SAVMA Members Only
