|
Posted 23 July 2010
View mid-year report (PDF)
State Legislative Mid-Year Report
July 23, 2010
American Veterinary Medical Association
Communications Division
State Legislative and Regulatory Affairs Department
Despite an ongoing budget crisis, state legislatures have been very active in the 2009-2010 legislative session. State legislatures have introduced 178,000 bills and have signed 50,000 of those bills into law. Although many states have adjourned for the year, 12 states and the District of Columbia are still in session. California, Delaware, Florida, New Jersey, Pennsylvania, West Virginia are entering into special sessions.
In January, the Department of State Legislative and Regulatory Affairs within the Communications Division updated its legislative resources in the state advocacy section of the AVMA Web site. We began using a new legislative tracking service that provides us with efficient, accurate, and active reports of the bills and regulations we are tracking. These reports enable you to view the most current version of the bill and the most recent status update. These reports are updated by staff on a bi-weekly basis.
Users can access these reports on both the state advocacy home page and the individual state resource pages. On the state advocacy home page, a user may click on either 2010 State Legislation or 2010 State Regulations located on the left hand side of the page under Resources. Through the state resources page, a user may select his or her state and click on Current legislation tracked by the AVMA or Current regulations tracked by the AVMA.
Using the new tracking system, the AVMA has sent over 1,100 legislative and regulatory alerts this year to state veterinary medical associations in order to keep them apprised of changes to veterinary practice and animal welfare laws.
This mid-year report provides both a summary of the various veterinary practice and animal welfare issues addressed this session as well as a more comprehensive review of the bills and regulations tracked by the AVMA this session.
States have continued to introduce and adopt various animal cruelty bills. Seven states adopted bills that increase animal cruelty penalties and establish new animal cruelty crimes, and twenty-five other states have introduced but not adopted similar bills. These bills address animal abuse, animal fighting and animal abandonment. In addition, six states introduced legislation that would establish animal abuser registries which would require individuals convicted of animal cruelty crimes to register with state agencies and would provide registry access to the public and to government agencies.
Animal identification has emerged as a hot topic as states begin to shy away from the National Animal Identification System. Iowa, Massachusetts, Oklahoma and South Carolina introduced bills that would prohibit the state from supporting, mandating, or participating in a national animal identification system while Washington's bill set forth rules to regulate its participation in a national or state identification program.
Once again, animal welfare issues have maintained their prominence in state legislative agendas. More than twenty states have introduced and adopted bills on various animal welfare topics including standards of care for companion animals and livestock, animals used in research activities, animal shelter regulations, and restrictions on tethering.
Increased media attention on dangerous dogs has pressured state legislatures into proposing new dangerous dog and breed-specific legislation. Dangerous dog bills address civil and criminal penalties, local government authority over dangerous dog ordinances, disposition of dangerous dogs, and owner liability for damage or injury caused by dangerous dogs. Only four states introduced bills relating to breed-specific legislation, but we have seen cities, counties and municipalities all over the country debating proposed breed-specific ordinances in an effort to curb dog-bite injuries.
States continue to expand emergency preparedness plans to protect companion and service animals. These plans allow veterinarians and other health care practitioners to provide emergency medical assistance to humans and animals without the obstacles created by licensing and liability rules. The District of Columbia and Illinois enacted the Uniform Emergency Volunteer Health Practitioners Act (UEVHPA) and three other states introduced similar bills.
Thirteen states addressed the proper methods and procedures for euthanasia. Both Georgia and Louisiana adopted bills prohibiting the use of gas chambers to euthanize dogs and cats. Other states proposed adjustments to their existing euthanasia rules in order to comply with methods accepted by the AVMA.
The fallout from the federal ban on equine slaughter and processing has forced state legislatures to consider legislation addressing unwanted horses. Some states have introduced resolutions and bills that urge the U.S. Congress to reinstate the USDA's inspection program for horse slaughter facilities, while others have tried to establish equine rescue programs, increase penalties for the sale of horsemeat for human consumption, and provide for the disposition of stray horses and livestock.
Liability issues have permeated both veterinary practice rules and litigation involving companion animals. States have introduced and adopted bills that provide immunity from civil liability for veterinarians rendering emergency care and veterinarians reporting animal cruelty. A handful of states have again introduced, but not adopted, bills that would allow the recovery of non-economic damages in companion animal negligence cases.
In the wake of California's adoption of Proposition 2 in 2009, states have paid increased attention to the issue of livestock care standards. In 2010, California adopted legislation prohibiting the sale of a shelled egg for human consumption if it is the product of an egg-laying hen that was confined on a farm or location, including a location out of state, which is not in compliance with the animal care standards set forth in Proposition 2.
In addition, seven states have adopted legislation to establish livestock care standards boards or to expand the authority of existing boards to promulgate rules establishing livestock care standards. Many of the introduced and adopted bills limit the authority of local governments to adopt their own livestock care standards.
The AVMA adopted a policy statement encouraging the use of regular legislative and regulatory processes in lieu of ballot initiatives to set forth animal care standards. The complete statement, including the rationale behind the new policy, is posted on the AVMA website. A few days later, the majority of this language was incorporated in a resolution passed by the State Agriculture and Rural Leaders Association (SARL) at its annual meeting. The resolution urges state legislatures to adopt legislation creating livestock care standards boards, or authorizing existing agencies, to establish standards governing the care and well-being of livestock and poultry. It also states that livestock care standards boards should strive for continual improvement of animal care systems through comprehensive evaluations that are based on sound science, with appropriate consideration for the practical implementation of their recommendations and societal preferences regarding animal use.
Even though state legislatures are faced with dwindling budgets, Connecticut, Maine and Missouri adopted legislation establishing new and supporting existing veterinary loan repayment programs in an effort to expand the practice of large animal veterinary medicine. In addition, a number of states have introduced and adopted bills clarifying tax exemptions for veterinary services and veterinary supplies, and providing tax incentives for various animal care programs and services.
States have also continued to expand the authority of courts to issue pet protection orders in cases of domestic violence. Arizona, Colorado, Minnesota, Oklahoma, and West Virginia joined the growing list of states that allow a court to direct the care, possession, protection and control of a companion animal exposed to domestic violence. In addition, states continue to adopt bills allowing for the creation of pet trusts to provide for the care of designated companion animals.
Pet retail bills have remained prominent in legislative agendas. These bills and regulations govern pet sales, pet dealers, breeders, and boarding and grooming facilities. Six states adopted bills to regulate, license, and establish standards of care for breeders. This year, the AVMA Executive Board approved the AVMA Model Bill and Regulations to Assure Appropriate Care for Dogs Intended for Use as Pets. The AVMA's model bill and backgrounder are designed to provide guidance on this emerging public policy issue to legislators, regulators and state veterinary medical associations.
State boards of pharmacy are continuing to work with veterinary medical boards to establish pharmacy rules and regulations governing veterinary prescriptions and the monitoring of controlled substances. States have continued to establish and amend prescription monitoring programs in order to control the distribution of controlled substances. In addition, states continue to amend their rabies vaccination and spay/neuter requirements, affecting both veterinary practices and animal shelters.
Finally, veterinary state boards and state legislatures continue to further regulate the practice of veterinary medicine, by introducing and adopting bills relating to recordkeeping, animal cruelty reporting, scope of practice, continuing education, and veterinary licensure. Many of the scope of practice bills clarify the duties and responsibilities of veterinary technicians and assistants. In addition, complementary and alternative medicine continues to be an issue of interest to legislatures. New Hampshire adopted a bill giving the Board of Veterinary Medicine jurisdiction over physical therapists practicing on animals, and Oklahoma exempted "animal husbandry" from the definition of veterinary medicine. Oklahoma's bill allows lay equine teeth floaters to practice independently with regulatory oversight and certification.
The following is a comprehensive review of the bills and regulations tracked by the AVMA this session. We have included both adopted measures, those that were signed into law or received final regulatory approval, as well as some of the most significant bills and regulatory proposals that were introduced but not adopted into law. For a more detailed analysis on any of these topics, please contact the AVMA State Legislative and Regulatory Affairs Department.
View mid-year report (PDF)
|
= AVMA/SAVMA Members Only
