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State legislative updates
 

Posted 9 February 2007

View legislative update (PDF)

Typical for the beginning of legislative sessions, a huge number of bills are being introduced right now. AVMA has sent 400 legislative and regulatory alerts to state veterinary medical associations since the prefiling phase in late 2006. Significant bills introduced in recent weeks include:

  • Arizona legislation to provide sufficient space for confined egg-laying hens and Connecticut legislation that would ban the use of such cages altogether.
  • A Colorado bill to allow licensed physical therapists to treat animals under certain conditions.
  • In District of Columbia, a bill was introduced to recognize guardianship, and noneconomic damages in cases where a veterinarian intentionally or with gross negligence kills a companion animal.
  • Hawaii legislation was reintroduced to allow for noneconomic damages for negligent infliction of serious emotional distress from damage to a companion animal, along with a still undetermined monetary cap.
  • Missouri proposes to increase its Large Animal Veterinary Medicine Loan Repayment Program, while North Dakota is considering establishing a similar program. Oklahoma legislators are proposing the creative approach of offering a tax deduction for veterinarians with large animal practices.
  • Legislation in Minnesota would create a licensure mechanism for breeders, and a New Mexico bill proposes to set up a board to regulate animal shelters.
  • West Virginia legislation would include veterinarians in the list of professionals exempted from the payment of consumer sales and service tax.
  • On a lighter note, Washington SB 5484 would allow a holder of a spirits, beer and wine restaurant license to allow "well-behaved" leashed dogs accompanied by their owners on the premises during business hours.

Mississippi bills proposing non-economic damages for the intentional or negligent death of a pet, and allowing the state veterinary board to suspend a veterinarian's licensure for defaults on an educational loan or scholarship, were defeated in the House Insurance Committee.

In regulatory news, the Alabama Board of Massage Therapy finalized a rule stating the qualifications for a massage therapist to practice on animals under veterinary supervision. The Georgia Board of Veterinary Medicine issued a rule outlining the scope of practice for veterinary technicians and veterinary assistants.

This month's court watch includes an important decision affecting horse slaughter in the United States. On January 19, the U.S. Court of Appeals for the Fifth Circuit overturned a lower court decision by upholding a 1949 Texas state law banning the sale of horsemeat for human consumption. The law had not been enforced, and last year a federal district court in Texas ruled that the law was repealed by another statute and preempted by federal law. The Court of Appeals however, found that the Texas law "has not been repealed or preempted by federal law," and that "several states have already banned its commercial use for human consumption." The two foreign-owned horse slaughtering plants that operate in Texas are considering an appeal to the U.S. Supreme Court, as well as legislation to overturn the Texas statute.

The following link takes you to the latest chart of significant pending bills and regulations from around the country.

 

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