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State legislative updates
 

Posted 15 November 2007

 
NOTE: As of November 2007, the AVMA discontinued use of the term "informed consent" in matters relating to veterinary medicine replacing it with the term "owner consent".
(see JAVMA News, Dec. 15)
 

View legislative update (PDF)

With so much attention already given to the 2008 presidential election, you may not have noticed that on November 6th, voters selected governors in Mississippi and Kentucky, as well as five big-city mayors. Voters rejected a slew of ballot initiatives, although we are not aware of any that relate to veterinary issues directly.

Meanwhile, California Gov. Schwarzenegger signed into law AB 1437, the Pet Store Animal Care Act, which establishes procedures for the care and maintenance of animals in the custody of a pet store and limits their sale or transfer. However, he vetoed SB 63, which would have required producers of livestock who sell cloned animals to disclose specified information to the buyer, as well as mandated the labeling of cloned animal food products. The veto message stated that the requirements are preempted by federal law and cited concern about tracking and labeling requirements that are unworkable, costly and unenforceable.

Opponents of California AB 1634, the mandatory spay/neuter bill defeated earlier this year, have filed seven separate initiatives with the Secretary of State's office to change the state constitution to bar any future law mandating that owners spay or neuter their pets. The measures are promoted by members of a loose coalition calling itself "We the People PETS." The measures call for a declaration that animals are property and make any spay/neuter bill contend with property rights law. Another measure would cap local animal registration fees at $50. A third would prevent state and local governments from mandating the implantation of microchips in "any human or animal." Other proposed measures would outlaw forced sterilization of either humans or animals, mandate standards for farm animals, and place strict limits on euthanasia for any animal shelter that receives any state funds.

The Ohio Veterinary Medical Licensing Board approved comprehensive rule changes affecting a variety of areas such as veterinary technician registration, specialty requirements, euthanasia, continuing education and the state's loan repayment program for shortage areas. Proposed revisions to veterinary practice rules have been proposed in Oregon, while North Carolina's Department of Agriculture is weighing regulatory changes relating to animal welfare.

A long battle in Wisconsin over informed consent seems to have been settled for now. The Veterinary Examining Board voted to withdraw a rule that would have required veterinarians to discuss with clients "all alternate viable treatments" and risks or complications of a procedure. The WVMA expressed concern about how such a vague and broad standard would be applied.

In the aftermath of an incident in which a double-deck semi trailer packed with 59 horses flipped, killing and injuring dozens, Illinois lawmakers introduced legislation that prohibit the transport of horses in a vehicle or trailer that has two or more levels. Violators would be guilty of a class C misdemeanor and fined $500 per animal for the first offense and $1,000 per animal for subsequent offenses. Illinois reportedly joins Pennsylvania, New York, Vermont and Massachusetts in outlawing double-deck horse trailers.

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.

 

American Veterinary Medical Association
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