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Posted 14 December 2007
View legislative update (PDF)
As we approach the end of 2007, a handful of states are still in session and 19 states are accepting prefiling and early drafting of legislation for 2008. Even though six states won't be meeting, next year promises to set a record for the number of bills introduced in an election year. And with more than 70,000 carry-over bills still alive, there will be plenty of legislative action.
Regulatory developments
While legislatures are winding down for the holidays, regulatory agencies in several states issued veterinary-related regulations. The Kentucky Board of Veterinary Examiners finalized a rule requiring a veterinarian to attempt to obtain the consent of a patient's owner or agent in writing, if feasible, before euthanizing or transporting the animal to another facility. If consent in writing is not feasible, the rule requires oral consent from the owner or agent along with documentation in the medical record.
The Colorado Department of Regulatory Agencies issued rules regarding the authority of physical therapists to treat animals. The regulations require certification, minimum training and experience, and veterinary medical clearance by a veterinarian.
In Illinois, patient records will need to be maintained for a minimum of five years from the date of the last known contact, rather than the current three years. New rules also require that copies of patient records must be released to the client upon written request.
The Tennessee Attorney General's Office recently offered an opinion regarding the euthanasia of non-livestock animals. Questions arose after video footage surfaced showing a veterinarian giving injections of sodium pentobarbital directly into animals' hearts, or euthanasia by intracardiac injection. Attorney General Robert Cooper cited Tennessee statutes and AVMA guidelines in ruling that the procedure may only be used if the animals were heavily sedated, anesthetized or comatose. The veterinarian has recently been suspended for four months, fined $2,000, and placed on probation for five years among other disciplinary measures by the Tennessee Board of Veterinary Medical Examiners.
Court watch
A couple of interesting court decisions are worth mentioning. The Oklahoma Court of Civil Appeals ruled that Oklahoma City's policy of not allowing pit bull terriers to be adopted from its animal shelter violates a state law banning "breed specific" regulation of dangerous dogs by a municipality. "The plain meaning of the statute forbids (the) City from regulating potentially dangerous or dangerous dogs by breed," the ruling stated, reversing a lower court decision that supported the city. The matter was referred back to the lower court for further proceedings.
The trial of a prominent birdwatcher accused of animal cruelty for shooting a cat ended in a mistrial in Galveston, Tex., after jurors couldn't reach a verdict. The founder of the Galveston Ornithological Society admitted he shot the cat last fall because he saw it hunting a threatened species of bird near a bridge. If convicted, he would have faced up to two years in prison and a $10,000 fine, but the prosecutor decided not to pursue the case further. The trial sparked a debate between cat lovers who decry the defendant's actions and birders upset by the toll feral cats take on bird species. It also raised questions about what makes an animal a pet, especially if it lives outside.
AVMA Executive Board approves 2009 symposium, new policies
On Nov. 17, the AVMA Executive Board approved several items impacting state legislative and regulatory affairs. It provided funding for a third State Public Policy Symposium in Tampa, Fla. in the fall of 2009 to assist veterinary medical associations with managing their public policy issues. The Executive Board approved a policy statement that state governments, rather than local governments, are the appropriate entities to regulate the practice of veterinary medicine, including allowing or restricting specific procedures. This policy was adopted in large part as a response to the California Supreme Court's recent ruling upholding the City of West Hollywood's ban on animal declawing.
The Executive Board also approved a recommendation to discontinue the use of the term "informed consent" and replace it with "owner consent" in all AVMA documents and references. According to the backgrounder prepared by the Council on Veterinary Service, the concept of informed consent evolved from human medicine as a cause of action for unauthorized touching or invasion of the body and does not reflect the legal status of animals.
Veterinarian executive wins elective office
We congratulate Dr. E. Mac Huddleston, Executive Secretary of the Mississippi Veterinary Medical Association, for winning a seat in the Mississippi House of Representatives. The veterinarian received 58 percent of the votes cast in District 15, defeating two other candidates. Dr. Huddleston was instrumental in getting the Mississippi Veterinary Practice Act of 2005 passed. We wish him the best in his new opportunity to serve the citizens of his community. He joins 24 other veterinarians serving in state legislatures across the country.
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. Happy Holidays and see you in 2008!
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