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Posted 16 January 2007
View legislative update (PDF)
The new year ushered in new legislative sessions in most states, and as expected, a large number of introduced bills. As we track and review these measures, we are sending email alerts to the appropriate state VMAs. The batch of new bills includes:
- Kansas SB 1 to ban the use of all vaccines containing mercury after July 1, 2009.M
- Kentucky legislation proposing a ban on horse slaughter within the state, and creation of a registry of people who knowingly sell horses for the purpose of slaughter for human consumption.
- Mississippi bills to allow for recovery of non-economic damages for death of a pet, up to $5,000, and introduction of the term "guardian" in the animal cruelty statute.
- An emergency management bill in Nevada to prohibit restraint of animals for nine hours or more per day.
- A North Dakota bill to add veterinarians to the list of professionals required to report suspected child abuse. Another measure would create a loan repayment program for communities with a need for more veterinarians.
- Oklahoma legislation to delete the prohibition on breed-specific dog ordinances.
- Tennessee SB 19 would require the board of veterinary medical examiners to test applicants in food animal medicine, and establish a preference for college of veterinary medicine applicants with a background or interest in this area.
- Virginia legislation to provide for registration of equine dental technicians under the auspices of the state's veterinary medical board.
- Washington state bills providing for certification of animal message therapists, prohibition on state participation in an animal identification system and outlawing insurance company discrimination of dog breeds.
- Wyoming SB 61 calls for the state's board of pharmacy to include a veterinarian as a member.
On Dec. 22, 2006, the Maryland Department of Agriculture adopted a final regulation requiring licensing and certification by the state board of acupuncture of individuals practicing acupuncture on animals with the oversight of a licensed veterinarian. The new rule contains specific animal acupuncture training requirements.
In court activity during the last month, the Missouri Supreme Court ruled that the retail sale of prescription veterinary drugs used for treating animals does not constitute the practice of pharmacy and is not subject to regulation by the Missouri Board of Pharmacy. The court found that the Missouri Pharmacy Act is ambiguous and pointed out that the statute does not expressly regulate veterinary drugs. There may be efforts to amend the pharmacy law in 2007 in response.
The California Supreme Court issued an opinion that kennel workers bitten by canines in their care cannot recover for damages against dog owners under a state law that holds the owners generally liable for injuries caused by their pets. The justices applied the so-called "veterinarian's rule" to kennel workers as being bitten by a dog is an inherent risk of working at a kennel. The ruling allows the workers to sue if the dog had violent tendencies not disclosed to the kennel.
By the time you read this, we will no doubt be in the process of analyzing several new bills and sending you new legislative alerts. The pace of legislative activity in the states is expected to be heavy until at least May. Please contact us if you need assistance with any bills.
The following link takes you to the latest chart of significant pending bills and regulations from around the country.
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