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September 10, 2009
View legislative update (PDF)
New laws
Late summer is a relatively quiet time for state legislatures. Several important bills, however, were signed into law in recent weeks:
- The Ohio Ballot Board approved specific language for an amendment to the state constitution to regulate the care of livestock in the state. The amendment, which will appear on the ballot this November, would create a bi-partisan board charged with establishing guidelines for the care of livestock. The amendment serves as an alternative to a ballot initiative similar to Proposition 2 in California, which will severely restrict the use of cages to house laying hens and eliminate veal and gestation-sow stalls.
- The Pennsylvania governor signed legislation that prohibits debarking, tail docking, surgical births, and declawing of dogs by non-veterinarians. In cases where veterinarians perform the procedure, the bill lists certain requirements that must be met, including anesthesia and recordkeeping.
- A new Illinois law provides that no individual, except a licensed veterinarian, may euthanize or authorize the euthanasia of a companion animal by use of carbon monoxide, with certain restrictions. The legislation provides that euthanasia by a certified euthanasia technician may only be performed on the physical premises of a licensed animal shelter or in emergency field situations if the person is employed by an animal control facility.
Court watch
On August 7, 2009, the Kentucky Court of Appeals issued an opinion in Ramsey v. Lambert, ruling that pursuant to both Kentucky and Florida law, the non-diagnostic ultrasound heart scanning of horses is not considered to be the practice of veterinary medicine. This case arose out of a contract dispute between Kenneth Ramsey, a thoroughbred horse owner, and David Lambert, an individual who advises thoroughbred horse owners of potential racing prospects by conducting heart scans on potential horses to compare the size and shape of the horses' hearts to previous race winners.
In the trial court, the jury found that Ramsey owed Lambert $250,000 pursuant to their contract. Ramsey subsequently filed a counterclaim alleging that the contract was illegal because Lambert's "heart-scanning" procedure constituted the practice of veterinary medicine, and Lambert was not a licensed veterinarian. The trial court held that under both Kentucky and Florida law, heart scanning constituted the practice of veterinary medicine, and Ramsey was awarded $17,966.00 in damages for the heart scans performed in Kentucky.
On appeal, the court reviewed the plain language of the Kentucky and Florida statutes regarding the practice of veterinary medicine. The court concluded that the heart scans were not used to diagnose or treat any of the horses, and thus did not constitute the practice of veterinary medicine under Kentucky law. In addition, since Lambert did not prescribe, dispense, or administer any drugs to the horses, his actions did not constitute the practice of veterinary medicine under Florida law. Therefore, the trial court's decision regarding the heart-scanning procedure was reversed.
Other news
AVMA's Midyear State Legislative Report, found at http://www.avma.org/erc/state/legislative_updates/midyear_report_2009.asp, has been posted, and provides summaries of the most significant state bills and regulations introduced and adopted in 2009.
View legislative update (PDF)
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