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Posted 14 March 2008
View legislative update (PDF)
Governors sign new laws
With a stroke of a pen, the governors of Idaho and Wyoming signed into law bills bringing the two states in line with the other 48 states in making dog fighting a felony. AVMA is among the many organizations applauding the move. The case of former Atlanta Falcons quarterback Michael Vick last year shed light on the practice and led many states to consider enhanced penalties for animal fighting offenses.
In Wyoming, a new law authorizes the livestock board to enter into agreements with veterinarians to provide food animal veterinary services in underserved areas of the state for at least three years, in exchange for repayment of outstanding educational loans for up to $30,000 a year.
The Nebraska governor signed legislation making the state's animal identification system voluntary and allowing withdrawal of registration along with the ability of removing premise identifiers from the database.
Virginia Gov. Kaine signed into law HB 5, which prohibits euthanasia of animals by means of a gas chamber. He also approved SB 637, requiring animal control officers to report child abuse or neglect.
Finally, Indiana has a brand new veterinary practice act, redefining the practice of veterinary medicine and the meaning of direct and indirect supervision of veterinary staff. Other highlights include:
- The legislation adds a registered veterinary technician to the Indiana Board of Veterinary Medical Examiners.
- The new law establishes the veterinary investigative fund that could be used by the licensing board to investigate the non-licensed practice of veterinary medicine.
- The bill clarifies the role of veterinarians in writing third-party requested prescriptions including providing the veterinarian the right to refuse to write the prescription if the veterinarian finds that the prescription is inappropriate.
- Veterinary medical records are clarified and made confidential.
- Veterinarians receive immunity from retaliatory litigation for reporting animal cruelty.
- This legislation makes practicing veterinary medicine without a license or acting as a veterinary technician without proper registration a Class A misdemeanor instead of a Class B misdemeanor.
Pending legislation
In the aftermath of the Chino, California incident involving downer cows, lawmakers in that state are considering legislation prohibiting a slaughterhouse, stockyard, or auction from selling meat or products of non-ambulatory animals for consumption. AB 2098 would also require those entities to take immediate action to humanely euthanize a non-ambulatory animal or humanely remove the animal for veterinary treatment. Other bills recently introduced include:
- A bill prohibiting the declawing of cats by veterinarians except for therapeutic purposes in Connecticut.
- Legislation tightening pet store and breeder regulations in Kentucky.
- Missouri and Rhode Island legislation proposing loss of companionship, pain and suffering, and punitive damages in lawsuits involving companion animals.
- In Minnesota, bills would set training and education criteria for chiropractors to practice on animals.
Thanks to the efforts of the Kansas Veterinary Medical Association, the state's Senate Public Health and Welfare Committee adopted amendments exempting veterinarians from the requirement to report to a proposed prescription monitoring program (PMP). The association believes that this legislation would be an unnecessary burden on Kansas veterinarians. PMPs are designed to address the human medicine problem of"doctor" hopping to obtain prescription and scheduled drugs for inappropriate use. The amended bill calls for a task force to study the development of a program designed for veterinary medicine. Kansas is the first state that has developed a compromise approach to PMPs.
Unwanted horse developments
Reaction to the closing of the last remaining horse slaughter facilities is emerging at the state level. Resolutions introduced in Missouri and South Dakota last month support the resumption of horse processing in the U.S., including incentives to establish USDA-inspected horse processing plants. In Illinois, recently amended legislation would repeal the 2007 law that makes it unlawful to slaughter a horse if the meat is to be used for human consumption. While this provision isn't expected to pass at this time, several lawmakers said they will examine evidence of increased horse abuse before making a final decision.
Los Angeles passes spay/neuter requirement
On Feb. 26, Los Angeles Mayor Antonio Villaraigosa signed one of the nation's toughest pet population ordinances, requiring most dogs and cats to be spayed or neutered by the time they are four months old, or six months with a letter from a veterinarian. The ordinance does exempt animals that have competed in shows or sporting competitions, guide dogs, animals used by police agencies and those belonging to professional breeders.
The ordinance brings the nation's second-largest city into line with about a dozen of its neighbors that have similar laws. Many states require animals adopted from shelters to be sterilized, but restrictions such as those in Southern California are rare. A 2006 Rhode Island law requires most cats to be sterilized. A measure similar to Los Angeles' passed the California Assembly last year but did not gain state Senate support.
Veterinarian wins primary election
Longtime Waco, Tex. veterinarian, Dr. Charles "Doc" Anderson, cruised to victory in the March 4th Republican primary. As the incumbent in House District 56, Dr. Anderson was challenged by an attorney making his first run for public office. While some pundits forecasted a close race, Dr. Anderson won an impressive 64% of the vote, and is expected to win re-election to a third term easily in November's general election. AVMA estimates that 24 veterinarians currently serve in their state legislatures.
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 us informed on legislative developments in your state.
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