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August 12, 2009
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New laws
In a victory for veterinary medicine, California Governor Arnold Schwarzenegger signed legislation to ensure statewide uniformity of standards for medical professionals. California SB 762 provides that boards and bureaus overseen by the state Department of Consumer Affairs have the ultimate authority over medical scope of practice issues, and cities and counties will not be able to adopt ordinances to ban medical procedures. The court decision upholding the West Hollywood ban on cat declawing was a major impetus for the new law, which was strongly supported by the California VMA. SB 762 takes effect on January 1, 2010, and ordinances adopted before that date are grandfathered in. Recently, the San Francisco Commission of Animal Control and Welfare, which advises the San Francisco Board of Supervisors, voted in favor of a citywide ban on cat declawing for nontherapeutic reasons.
The Missouri VMA also is reporting a major legislative accomplishment with the enactment of HB 481. This comprehensive bill includes a provision to the effect that no local government, city or county may enact an ordinance or promulgate or issue a regulation, rule, policy, guideline or proclamation describing the relationship between persons and domestic animals as other than "persons may or can own domestic animals." This law is believed to be the first of its kind in any state, and can serve as a model to state VMAs to prevent the addition of guardianship language in state laws.
A number of other bills and regulations have been adopted in recent weeks, including:
- Illinois created the Veterinary Student Loan Repayment Program to provide incentives for large animal and regulatory veterinary medicine
- New Hampshire legislation will allow licensed physical therapists to obtain special certification to practice on animals, including training, education and referral from a veterinarian.
- New York extended for another year the waiver of citizenship or permanent resident alien status for licensure as a veterinarian or veterinary technician to practice in a county certified to have a shortage of qualified applicants.
- North Carolina adopted a number of bills, addressing issues such as rabies vaccination, ownership of reptiles and inclusion of pets in domestic orders of protection.
- Tennessee established licensing and inspection requirements for commercial dog breeders.
The Washington State Department of Health issued regulations addressing tasks that may be performed by licensed veterinary technicians and unregistered assistants, describing the level of supervision required.
Court watch
A California state appeals court ruled that emotional distress damages for the loss of a pet are not available under California law. The case, McMahon v. Craig, involved a claim brought by an attorney who accused a veterinarian of negligently causing the death of her pet show dog after surgery in 2004. In its opinion, the court acknowledged that the love and loyalty a dog provides creates a strong emotional bond between an owner and his or her dog. The court further stated, however, that "given California law does not allow parents to recover for the loss of companionship of their children, we are constrained not to allow a pet owner to recover for loss of the companionship of a pet." The court recognized that permitting plaintiffs to recover emotional distress damages for harm to a pet would likely increase litigation and have a significant impact on the judicial system's limited resources. The opinion concluded that extending emotional distress damages to owners of companion pets based on veterinary malpractice would have unknown consequences on both the cost and availability of veterinary care. "Indeed, defining the limits of potential liability would be difficult. Because humans are not related to pets, limits cannot be based on degree of consanguinity ... what pets would qualify as companion animals?"
The AVMA, California VMA and several other organizations filed an amicus brief urging the California appeals court to reject the claim for noneconomic damages. The McMahon opinion comes on the heels of a similar result in the Goodby case, decided by the Vermont Supreme Court earlier this year (see summary in May State Legislative Update.)
On July 30th, a Maryland Circuit Court judge ruled that the state Board of Chiropractic and Massage Therapy Examiners' authority is limited to the practice of human massage and may not regulate animal massage. The ruling overturns a cease and desist order in February 2008 preventing therapist Mercedes Clemens from massaging horses. The board's attorney indicated that the board will "abide by the ruling" but retains the right to appeal the decision. Eleven states set out specific qualifications for individuals who perform massage therapy on animals, but Maryland does not.
In another noteworthy judicial decision, a federal judge dismissed a lawsuit filed by Farm-to-Consumer Legal Defense Fund, a group that represents farmers and consumers, to stop a national program that identifies individual livestock and poultry to track the movements of diseased animals. U.S. District Judge Rosemary Collyer ruled that the National Animal Identification System (NAIS) is neither a federal law nor a federal regulation, but rather a program developed by the U.S. Department of Agriculture (USDA) and adopted by state agriculture departments on a voluntary basis. In March 2007, Michigan became the first state to make parts of the program mandatory in requiring that producers attach radio frequency identification ear tags on cattle and dairy cows in order to battle bovine tuberculosis, a contagious, chronic disease found in the state in both livestock and wildlife.
Other news
The National Conference of Commissioners on Uniform State Laws (NCCUSL) recently declined to adopt animal liability model legislation, which could have included expanding liability in litigation involving pets. The organization's Scope and Program Committee decided not to take action on this proposal advanced by the American Bar Association's Tort Trial and Insurance Practice Section. The AVMA joined in a letter with several other associations in arguing that the proposed model bill is unnecessary. NCCUSL was founded in 1891 to provide states with nonpartisan legislation where uniformity is desirable and practical, and consists of lawyers appointed by state governments to research, draft and promote enactment of uniform state laws.
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.
View legislative update (PDF)
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