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Dr. Coates is a veterinarian based in the other “Sunshine State” – that's Colorado to the rest of you – where she lives and plays with a varied range of animals. She shares her professional and personal experiences, Monday through Friday, here on petMD's blog, the Fully Vetted. Log in for your daily dose of her insight and wisdom.

 

States Vs. Municipalities: The AVMA takes a stand on veterinary laws

January 31, 2008 / (6) comments


Interestingly, the AVMA (American Veterinary Medical Association) has issued a policy statement on the ability of municipalities to pass laws which regulate veterinary activities. 2005’s West Hollywood legislation prohibiting declaws and 2007’s Norfolk City, Virginia’s ban on non-veterinarian cosmetic procedures were perhaps the impetus for such a decree.

Both laws impinged on the state’s ability to govern veterinary activities, indisputably complicating the role of the Board of Veterinary Medicine in these areas.

Historically, states have maintained the right to govern professionals, arguing that individual municipalities have no business adding restrictions which might affect the administration and enforcement of laws governing professionals adversely.

Though municipality restrictions might seem reasonable viewed in the light of one’s personal preferences (banning declaws and non-vet surgeries, as these examples positively prove), consider that enforcement would be minimal and the effects of such legislation a strain on current resources.

Furthermore, the approach to breed specific legislation, among other unwanted laws may benefit from the adherence to a state run veterinary administration policy. Municipalities would have less say in their colloquial restrictions on individuals and would serve to moderate their stance.

Though I would love to see bans on surgical cosmetics performed by non-vets on pets, the AVMA’s policy statement is a welcome one. And while I regard municipalities as likely to lead the charge on welfare issues in general, I prefer not to be subjected to the tyranny of the local majority when it comes to the regulation of my practice standards. I’d much prefer a larger pool of constituent weigh in when it comes to restricting the way I govern myself professionally. As you well know, local governments can be so fickly political.

Kudos to the AVMA for taking up this touchy issue.

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COMMENTS (6)
1
by on 02/03/2008 03:55am

It's not welcome to me.

Declawing procedures are $$$, and clearly the growing number of municipalities moving toward bans on this procedure and, I presume, similar ones (tail docking, ear tipping) are threatening one nice source of profit.

I see nothing wrong with municipalities passing stricter controls on this type of procedure.

On the one hand, you cite a "strain on current resources" as a reason for supporting this AVMA position. You also cite possible "complicating" of the role of the Vet Boards. On the other hand, you say: "while I regard municipalities as likely to lead the charge on welfare issues in general . . . "

To me, the comfort and ease of the veterinary bureacracy are not bigger priorities than animal welfare.

As for the vet boards, what's a little more complication when they can't do their jobs as it is?

I spent most of one evening this week reading the vet board records from California from 2007. And it left me wondering: How many pets does a vet have to butcher before any action is taken? These accounts were so horrifying that I could scarcely believe some of them.

I wonder if the people of California know about all these vets practising on "REVOKED" licenses? (Because it sems to me that the CA vet board's favorite thing to do is to revoke a vets license but "stay" the revocation, which means its not enforced.)

AVMA, you never disappoint. No matter what nice sounding reason the AVMA gives, the real motive is always far too obvious. I don't know why they bother with the disingenuous rationalizations. They aren't fooling anyone with a brain.

2
by on 02/01/2008 08:41pm

"I believe the AVMA should lobby hard against this regulation as for any breed bans. Here's where the AVMA should shine, bringing all our medical and political clout to bear on a proposal which has shown no efficacy in reducing dog bites or new aggressive breeds from fluorishing up in their wake."

Well I hope they shine at something. I haven't looked for any news of AVMA taking any kind of stance on breed bans, so don't know what they're doing. I'd have a lot more respect for them if they'd tackled the 3 year rabies vax lasts 3 years a long time ago WRT idiotic county or state legislation.

3
by on 01/31/2008 06:56pm

That phrase "any mixes thereof" serves to underscore the idiocy of the whole thing. If a pitbull has papers his lineage is obvious. But I presume this would be applied mostly to dogs who LOOK pitbull (or other banned breeds). And how do you regulate the lever of looks permissible to avoid death? Who decides if a dog looks maybe half pit? A quarter? Ten percent? Who is going to decide this? It becomes worthless and unenforceable in addition to idiotic.

4
by on 01/31/2008 12:50pm

AVMA has a section for members with material and a sample letter to assist in resisting breed specific legislation. It is under advocacy, state, issues.

5
by on 01/31/2008 12:18pm

I believe the AVMA should lobby hard against this regulation as for any breed bans. Here's where the AVMA should shine, bringing all our medical and political clout to bear on a proposal which has shown no efficacy in reducing dog bites or new aggressive breeds from fluorishing up in their wake. Legislation should aimed at bad people, not at so called, "bad" animals.

6
by on 01/31/2008 11:53am

This is only tangentially related, to the topic, but I'll ask it anyway... Here's a question about breed-specific legislation, specifically in MN. One representative wants to ban five breeds and "any mixes thereof", and has no grandfather provision planned- so, dogs of banned breeds would either have to leave the state or be euthanized. I think euthanizing safe, healthy dogs does nothing to protect public safety and certainly does nothing to protect the dogs who are being euthanized. I feel like participating in the enforcement of this ban would, for me, be a violation of the veterinary oath.

Under what obligations would vets be should this ban pass? I feel like the MN veterinary board hasn't had a voice in this ban at all, despite the fact that vets would be the ones that would have to carry out the euthanasia. I wrote to the rep that if this ban passed, I would graduate from the U of MN college of vet med and immediately leave the state to practice somewhere else... seems like an awful waste of resources. He never wrote back.

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Patty Khuly, VMD, MBA

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Dr. Khuly is a former petMD blogger and small animal veterinarian in Miami, Florida, where she practices medicine at Sunset Animal Clinic and serves on the board of the South Florida Veterinary Medical Association. She is a graduate of Wellesley College, the University of Pennsylvania School of Veterinary Medicine, and The Wharton School of Business.

As a significant sideline, she writes...a lot. She authors pet health columns for USA Today, The Miami Herald and Vetstreet. She also writes a popular monthly column for Veterinary Practice News and serves as regular contributor to Veterinary Economics, The Bark, and the Veterinary News Network.

Dr. Khuly lives in South Miami with her brood of hens, goats, dogs, cats...and humans.

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