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April 13, 2009
View legislative update (PDF)
Our state capitols are currently experiencing a high level of legislative activity. With over 100,000 bills already introduced this year, lawmakers are moving into the crucial stage of deciding whether to enact or kill legislation. In recent days, several measures of interest to veterinary medicine were approved by legislatures and signed by governors:
- Arkansas passed laws giving flexibility to its state board of health in setting reasonable rabies vaccination protocols and creating a legal mechanism for out-of-state health care professionals to provide health and veterinary services in times of declared emergency.
- Kentucky adopted legislation requiring a client's written authorization or a court order or subpoena prior to a veterinarian's release of information concerning the client or care of his or her animal.
- Montana's governor signed into law a measure that beef cattle must be raised without any antibiotics to qualify as Montana-certified natural beef cattle.
- Utah's governor signed into law a bill requiring a veterinarian to provide clients and patients with the option to participate in electronic prescribing. He also signed legislation setting licensing and training requirements for physical therapists working on animals, as well as a measure prohibiting the state from mandating participation in a national animal identification system.
Unwanted horses continue to be a hot issue in the states. Arkansas and South Dakota legislatures adopted resolutions supporting legislative efforts addressing the need to provide for equine slaughter and processing in the United States and urging the federal government not to interfere with such efforts. On the other hand, the Rhode Island House of Representatives passed a resolution supporting federal legislation to ban the slaughter of horses for human consumption.
In Montana, Gov. Schweitzer vetoed certain portions of a bill authorizing investor-owned equine slaughter or processing facilities. The Montana House rejected his veto and approved the measure in its original form, which then was sent to the State Senate for consideration.
Meanwhile, bills are still being introduced in many states. For example:
- Alabama SB 554 would require sterilization of privately owned dogs and cats with certain exceptions.
- Maine SB 385 would prohibit a person from tethering or confining a sow during gestation or a calf raised for veal on a farm in a manner that prevents the animal from lying down, standing up and fully extending its limbs, and turning around freely.
- Missouri HB 1077 would authorize veterinary service liens, while Missouri HB 1114 would overturn a court decision finding that veterinary legend drugs are not defined in the practice of pharmacy and thus not subject to regulation by the state board of pharmacy.
- New York A 7218 would prohibit the docking of dog tails, except in cases where a veterinarian deems that it's necessary to protect the life or health of the dog, with grandfathering for dogs certified as tail docked prior to August 1, 2009.
- Ohio HB 79 would remove pit bulls from the definition of "vicious dog" in the dangerous dog statutes.
- West Virginia SB 533 and SB 748 would exempt from consumer sales and service tax prescription drugs purchased by veterinarians to be dispensed for medical treatment of animals.
AVMA is also monitoring amendments to key bills. Georgia HB 614 was amended in committee to exempt veterinarians from the definitions of "dispenser" and "prescriber" under the state's prescription monitoring program. Likewise, Minnesota SB 1479 was amended to exempt veterinarians from electronic prescription requirements.
AVMA revises spay/neuter, microchip policies
At its meeting on April 2-3, 2009, the AVMA Executive Board approved new language stating that the AVMA does not support regulations or legislation mandating spay/neuter of privately owned, non-shelter dogs and cats. The recommendation explains that although spaying and neutering helps control dog and cat populations, mandatory approaches may contribute to pet owners avoiding licensing, rabies vaccination and veterinary care for their pets, and may have other unintended consequences. The AVMA policy continues to urge state and local governments to evaluate their needs and resources to develop appropriate and effective dog and cat population control programs, with several specific recommendations. For the full text of the revised policy, click here.
The Executive Board also revised the AVMA's policy regarding microchipping. The new policy recommends that every companion animal, bird, and equid presented to a veterinarian should be scanned, whenever possible, for the presence of a microchip. If a microchip implant is detected, the veterinarian, or designated staff, should inform the client of this fact, provide the client with contact information for the microchip database company, and encourage the client to contact that company. The veterinarian should document in the patient's medical record that he or she spoke to the client about these matters. However, a veterinarian is not expected to investigate nor resolve ownership disputes over an animal, nor should a veterinarian be held liable for relying on a client's claim of ownership following a microchip scan. For the full text of the revised policy, click here.
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