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Posted 18 September 2008
View legislative update (PDF)
New laws adopted
The District of Columbia City Council approved sweeping changes to its animal welfare laws. Controversial guardianship, non-economic damages and mandatory sterilization proposals were dropped after public input was received. The revisions that were adopted include: reduced license fees for spayed or neutered cats, licensure of commercial animal breeders (25 or more animals per year for sale), licensure of commercial pet care facilities, establishing an emergency preparedness plan for domestic animals, increasing criminal penalties for attending an illegal dog fight, requiring authorities who are checking on child abuse to check on pet abuse, and prohibiting the use of impounded animals for medical testing, research or experimentation.
A new law in Illinois gives licensed veterinarians liability immunity when providing emergency care or treatment in good faith without fee to an injured animal, or an animal separated from its owner due to emergency or disaster, except for willful or wanton misconduct.
Regulatory developments
There is a considerable state regulatory agency activity to report on this month.
The Arizona Board of Pharmacy issued rules to establish a prescription monitoring program to track controlled substances dispensed by a pharmacy or a medical practitioner. The Arizona VMA asserted that weekly reporting for veterinarians would be onerous and the number of veterinary drugs and prescriptions is very small compared to medical practitioners and pharmacies. As a result, the rule was revised to allow the board authority to approve a less frequent reporting period on a case-by-case basis.
On Aug. 25, Kentucky horse racing regulators approved a sweeping steroid ban for the state's thoroughbred and standardbred races while reducing the penalties for trainers whose horses test positive. Horses will not be allowed to race with any steroid in their system. Three specific steroids could be given for therapeutic purposes if prescribed by a veterinarian, but horses who receive them will be barred from racing without evidence that they have been off the drugs for 60 days.
The Missouri Department of Agriculture issued an emergency rule implementing the state's large animal veterinary student loan program, while the Missouri Department of Insurance, Financial Institutions and Professional Registration approved a rule that requires keeping radiograph records for five years.
In Oregon, the Veterinary Medical Examining Board finalized several changes to its regulations relating to controlled drugs, duties of certified veterinary technicians, and requiring veterinary facilities to publicly display licenses of veterinarians and technicians.
The Wyoming Livestock Board passed regulations implementing and describing the state's veterinary loan repayment program. The regulations include definitions, application process, eligibility, recipient selection process, grant administration, service obligation breach, release from service obligation and reporting requirements.
Two new veterinary PACs
The Massachusetts and Missouri VMAs are the latest veterinary associations to set up political action committees, which are allowed to make contributions to candidates running for state legislative seats. Massachusetts VMA Legislative Chair Kathy Reilly, DVM explains that the association decided to create the PAC to show state legislators that veterinarians are serious about legislative issues and public policy affecting the profession. Missouri VMA President Michael Pfander, DVM, says that "by combining our individual donations we can have a greater impact on the legislative process and help insure that we are at the table when important bills are discussed."
California and Massachusetts ballot initiatives
In addition to the presidential and congressional elections, 44 states will hold legislative elections this November, with a total of 5,824 seats up for grabs, or 79% of all state legislative seats in the U.S. More than 100 high-profile statewide measures will also be on various ballots, ranging from rolling back affirmative action to banning same-sex marriage to legalizing assisted suicide for the terminally ill.
Two initiatives in particular will potentially impact animal welfare and agriculture. California voters will vote on Proposition 2, a ballot initiative sponsored by a coalition of animal-protection groups. It would require that by 2015, egg-laying hens, veal calves and pregnant sows have room enough to lie down, stand, turn around and fully extend their limbs.
In Massachusetts, voters will decide on a statewide ban on greyhound racing by 2010. The initiative could close two greyhound tracks in the state. A similar measure failed by less than two percentage points in 2000, and a court declined to put it on the ballot in 2006 when it was bundled with dog fighting, noting the two should be separate questions.
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.
View legislative update (PDF)
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