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Posted 31 July 2008
View mid-year report (PDF)
Veterinary State Legislative Mid-Year Report
July 31, 2008
American Veterinary Medical Association
Communications Division
State Legislative and Regulatory Affairs Department
From scope of practice issues, to complementary and alternative medicine, to loan repayment laws, 2008 has proven to be yet another busy year in the field of veterinary medicine. The AVMA Department of State Legislative and Regulatory Affairs has tracked almost 700 bills so far this year, many of which have been signed into law.
Among the highlights this year, Indiana implemented a sweeping revision of its veterinary practice act, which redefined the practice of veterinary medicine and the meaning of direct and indirect supervision of veterinary staff. Other important changes were made to the Indiana Veterinary Practice Act, including:
- Adding a registered veterinary technician to the Indiana Board of Veterinary Medical Examiners.
- Establishing the veterinary investigative fund that could be used by the licensing board to investigate the non-licensed practice of veterinary medicine.
- Clarifying the role of veterinarians in writing third-party requested prescriptions including the right to refuse to write an appropriate prescription.
- Establishing veterinary medical records as confidential.
- Granting veterinarians immunity from retaliatory litigation for reporting animal cruelty.
Animal welfare continues to be an active legislative area in 2008. Three more states have made certain forms of animal cruelty a felony while Nebraska passed a law prohibiting persons convicted of Class IV felonies from owning, possessing, or residing with any animal for at least five years after conviction. Six states adopted bills strengthening their animal fighting laws and many introduced laws regulating pet breeders, kennels, and animal shelters.
Louisiana adopted a law allowing a court to enter a temporary restraining order granting the petitioner the exclusive care, possession, or control of any pets belonging to the petitioner, while several other states introduced, but did not adopt, similar bills. The City of Los Angeles signed into law an ordinance requiring most dogs and cats to be spayed or neutered by the time they are four months old, while Chicago repealed its controversial ban on foie gras back in May.
Virginia banned the use of a gas chamber for euthanizing animals.
States continue to adopt legislation to regulate the possession and control of dangerous dogs in various ways. In Texas, the Supreme Court ruled that a pet owner has a duty to stop a dog from attacking a person after the attack has begun. Legislation is also being considered in Ohio and Tennessee which would have the effect of criminalizing the ownership of pit bulls.
Utah adopted the Uniform Emergency Volunteer Health Practitioners Act to provide volunteer services in the event of a state of emergency or a public health or safety incident. Several other states are considering following suit.
Farm practices as well as issues surrounding unwanted horses continue to occupy legislatures in several states. California has certified a ballot initiative for the 2008 general election which would outlaw any kind of cage or tethering device that fails to let animals have a certain range of activity. Similarly, Colorado adopted a law requiring calves raised for veal and gestation sows to be able to stand up, lie down and turn around without touching the sides of their enclosure, effective in 2012 and 2018. In June, the U.S. Supreme Court declined an appeal from the owners of the last remaining horse slaughtering plant to be open, thus effectively shutting down the industry in the United States.
The issue of non-economic damages has also taken up considerable time in legislatures across the country. This year, no state approved legislation allowing plaintiffs to recover for damages such as loss of companionship, emotional distress, or pain and suffering in actions alleging veterinary negligence. Meanwhile, pharmacy issues have been prevalent, and prescription monitoring programs are being considered and have been adopted in several states.
Five states adopted legislation this year on scope of practice issues. Such legislation will allow non-veterinarians to practice on animals, with certain restrictions and veterinary input, in areas such as animal massage, chiropractic care, and equine dentistry.
States also continue to address the shortage of large animal practitioners through veterinary loan repayment programs. Nebraska, New Hampshire, Oklahoma, Washington, and Wyoming joined several other states that provide loan repayment to a limited number of veterinary students each year who agree to practice in underserved areas upon graduation.
Idaho and Missouri now allow trustees or heirs to own a veterinary practice for a limited duration after the death of a veterinary practice owner.
Maine has a new law requiring mandatory reporting of animal aggravated cruelty. Utah, along with Indiana, passed a law giving immunity to veterinarians who report animal cruelty.
Oklahoma also joins Indiana in passing a new law to provide for criminal penalties for unauthorized practice of veterinary medicine. Several states enacted legislation clarifying acceptable procedures and level of supervision for veterinary technicians and assistants.
These and many other issues have been addressed by legislatures throughout the nation during the 2008 legislative session — and the year is only half over!
Along with tracking this myriad of bills, it has been a busy year for the Legislative and Regulatory Affairs Department in other areas as well. The Department continues to represent veterinary medicine and speak at both regional and state meetings. In June, the department hired a second state policy analyst, Ilana Forbes, who comes to the AVMA after having practiced law for the past two years. She is a valuable addition to the department and we look forward to working with her.
In other news, the AVMA Executive Board approved the creation of a pilot program of veterinary outreach to law schools and the legal community in response to the growing interest in animal law issues that have the potential of greatly impacting veterinary medicine. The Board also approved funding for the next AVMA State Public Policy Symposium to be held in Tampa, Fla. in the fall of 2009. The purpose of the symposium is to assist constituent organizations in managing their public policy issues at the state and local level.
The rest of the mid-year report, which can be viewed at the link below, is divided into specific topic areas reflecting a selection of the significant veterinary and animal-related measures both introduced and adopted so far this year. The report will be updated and distributed at the end of 2008 to reflect developments from the rest of the year. Keep in mind that some of the bills pending currently still could be adopted in states whose legislatures will be meeting in the upcoming months.
View mid-year report (PDF)
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