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Posted 10 July 2008
View legislative update (PDF)
As the AVMA prepares for its annual convention and the NCSL Legislative Summit, both in New Orleans later this month, here are the latest state legislative and regulatory news:
New laws adopted
- Florida tightened its veterinary prescription drug regulations to require a veterinary prescription drug retail establishment permit.
- Louisiana enacted legislation authorizing courts to enter a temporary restraining order granting exclusive care, possession, or control of any pets in the household, and directing a person to refrain from harassing, interfering with, abusing or injuring any pet residing in the residence.
- New Jersey re-appropriated funding for tuition of students attending schools of veterinary medicine out-of-state through contractual agreements with New Jersey. The student must practice veterinary medicine in the state for a period of one year for each year of contract funding provided on their behalf.
- New Hampshire created a commission to study the creation of a classification for animal care workers who perform the basic care of animals under the direct or indirect supervision of a veterinarian.
Regulatory developments
The Rhode Island Department of Environmental Management issued regulations implementing the National Animal Identification Program for sheep and goats. The new rule is designed to ensure that all sheep and goats moving interstate or intrastate, or those residing within the state, are identified in order to safeguard public health, animal health and the livestock industry from disease and illness.
International developments
On June 25, Spain's parliament voiced its support for the rights of great apes to life and freedom in what will apparently be the first time any national legislature has enacted such rights for non-humans. Parliament's environmental committee approved resolutions urging Spain to comply with the Great Apes Project, which was devised by scientists and philosophers who say "non-human hominids" like chimpanzees, gorillas and orangutans should enjoy the right to life, freedom and not to be tortured. The new resolutions are expected to become law and be codified within a year. Keeping apes for circuses, television commercials or filming will be forbidden. The estimated 315 apes in Spanish zoos can remain in captivity, although conditions may need to improve to comply with the new law.
http://www.reuters.com/article/scienceNews/idUSL256586320080625
Court watch
On June 23, the United States District Court for the Western District of New York ruled that a provision in the New York Veterinary Practice Act requiring veterinarians in that state to be either a United States citizen or a permanent resident in the U.S. is unconstitutional. The case, Kirk v. New York State Dept. of Education, involves a Canadian veterinarian who is in the U.S. under a NAFTA temporary visa for professionals. The court found the New York statutory provision unconstitutional because it violates the 14th Amendment's equal protection clause. The reasoning is that the state's purported concerns about the veterinarian's citizenship or immigration status, such as those involving the handling of controlled substances, do not appear to have any rational relationship to his fitness to practice veterinary medicine. The court also found that the state law conflicts with NAFTA, and therefore violates the Supremacy Clause of the Constitution, as federal laws and treaties take precedence over state laws.
The decision, which may be appealed, could have repercussions for other state veterinary practice acts with similar provisions requiring veterinarians in their states to be American citizens or lawful, permanent immigrant residents.
In another noteworthy decision, the Illinois Supreme Court found that veterinarians are "skilled" practitioners of a profession or trade, and thus owe a duty of care to practice competently. A negligence case was brought against a veterinarian faculty member at the state's veterinary college for allegedly harming a horse's racing value by performing unnecessary and unauthorized surgery. The court found that the defendant owed a duty of care, which arose independent of his state employment, rendering him susceptible to suit in circuit court.
The link at the top or bottom of the page will take 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. We hope to see many of you in New Orleans later this month.
View legislative update (PDF)
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