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Posted 15 August 2007
View legislative update (PDF)
Legislative sessions continue to wind down, although California, Illinois, Massachusetts, Michigan, New Jersey, New York, Ohio, Pennsylvania, Wisconsin, and District of Columbia remain in session. Please note that in several states bills carry over to the 2008 legislative session. Bills or regulations adopted since July 15 include the following:
- California SB 969 will now allow registered veterinary technicians or unregistered assistants to administer drugs, including controlled substances, under the direct or indirect supervision of a licensed veterinarian when done pursuant to the order, control and full professional responsibility of a licensed veterinarian. The earlier regulation allowed only registered veterinary technicians to administer drugs under the indirect supervision of a licensed veterinarian.
- Louisiana has made it a felony to organize or conduct any commercial or private cockfight, as well as possess, train, purchase, or sell any chicken for cockfighting purposes.
- Missouri has increased the number of yearly participants in the Large Animal Veterinary Medicine Loan Repayment Program from five to six. The program provides loans to veterinary students and forgives loan principal and interest if they work in areas of the state with veterinary shortages. Governor Blunt signed the bill stating, "This bill will create compelling incentives for students entering veterinary medicine to use their talents for the betterment of underserved areas in our state." The bill also transfers the large animal veterinary medicine repayment program from the state veterinary medical board to the Department of Agriculture.
- In North Carolina, a veterinarian who has reasonable cause to believe that an animal has been the subject of animal cruelty and makes a report, participates in an investigation, or testifies in any judicial proceeding as a result of the report is now immune from civil liability, criminal liability, and liability from professional disciplinary action and is not in breach of any veterinarian-patient confidentiality. The law does not protect veterinarians who act in bad faith, but provides a rebuttable presumption that a veterinarian acted in good faith.
- Pennsylvania regulations now define a veterinary technician specialist (VTS) as a certified veterinary technician (CVT) who holds current certification from a specialty organization recognized by the National Association of Veterinary Technicians in America (NAVTA). The final rule prohibits a CVT from making false, deceptive or misleading statements or claims, including representing that he or she is a specialist unless appropriately certified.
Court decisions continue to make headlines around the country. The U.S. 7th Circuit Court of Appeals in Chicago ruled on July 18 that Cavel International can resume horse slaughter in its DeKalb, Ill. facility while it awaits a final decision on its appeal of a state law forbidding the practice. In the brief ruling, the court said "irreparable harm" would come to Cavel if not allowed to resume operations while the appeal is pending.
On August 1, the Ohio Supreme Court unanimously ruled that a Toledo ordinance limiting dog owners to one pit bull per house and setting requirements on confining the dogs is constitutional. "We hold that the state of Ohio and the city of Toledo have a legitimate interest in protecting citizens from the dangers associated with pit bills and that (the laws) are rationally related to that interest and are constitutional," wrote Chief Justice Thomas Mayer. The state Supreme Court decision reversed a 2-1 ruling by the 6th District Court of Appeals that determined Toledo’s ordinance was vague and violated the state and federal constitutional rights of dog owners to provide evidence to challenge the assumption their dogs are legally vicious simply because of their breed. The dog owner who brought the legal challenge vowed to seek an appeal before the U.S. Supreme Court.
In other legal news, the AVMA has filed a letter with the California Supreme Court expressing its support of the California Veterinary Medical Association’s petition for appeal of the decision to uphold the city of West Hollywood’s ordinance prohibiting veterinarians from declawing animals. The Court of Appeal’s opinion that that the California Veterinary Practice Act does not preempt local regulation of veterinary activities would potentially undermine state practice acts across the country, if allowed to stand.
An estimated 135,000 bills have been introduced in the 50 states so far in 2007, with about 30,000 adopted. The AVMA Department of State Legislative and Regulatory Affairs has sent over 1,200 legislative and regulatory alerts this year to state veterinary medical associations. To put all of this activity in perspective, we have published a mid-year legislative report, which will be updated by the end of the year.
The link at the top of the page takes you to the latest chart of significant pending bills and regulations from around the country. Thank you for keeping the AVMA informed about developments in your state, and please contact us if we can assist you with your advocacy efforts.
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