Showing posts with label legislature. Show all posts
Showing posts with label legislature. Show all posts

Thursday, February 17, 2011

New Oklahoma State Board Would Make Veterinary vs Husbandry Decisions for Professional Practices

There have probably been simpler times to be in the animal care field. Now you not only have to know what you're doing, but if you can legally do it.
As states continue to grapple with definitions of what the practice of veterinary medicine actually entails compared to the routine practice of animal husbandry, national attention turns again to the state of Oklahoma, which was recently wrenched by a battle over whether floating teeth and other aspects of what has come to be known as equine dentistry should or could legally be done by non-veterinarians in the state.  That fight spilled over to other routine practices, particularly related to animal reproduction, that are performed at livestock facilities in the state.

It was a short-lived victory for ranchers who don't want to have to hire veterinarians for routine artificial insemination procedures, or for non-veterinarian professionals in the state who wanted the assurance that they were performing their work legally; the governor quickly signed emergency rules proposed by the Oklahoma State Board of Veterinary Medical Examiners to prevent non-veterinarians from performing some tasks.

http://www.oklahomafarmreport.com/wire/news/2011/01/02677_Rehash3202AnimalHusbandry01212011_064424.php
This audio report from the Oklahoma Farm Report summarizes steps that led up to this week's action in the Oklahoma legislature.

To the state lawmakers and vet board's credit, a compromise has been put forward in the form of House Bill 1310, which would create a new board, tentatively called the Animal Technology Advisory Committee, made up of three veterinarians and three non-veterinarians, and chaired by a non-voting veterinarian. This board would examine procedures and decide whether they fall under the practice of veterinary medicine or animal husbandry.

HB 1310 passed out of committee yesterday and now is headed to a vote by the entire legislature.

The legislature has not made the text of HB 1310 available to the public on their web site yet.

The composition of state veterinary boards varies from state to state. In some states, the board includes non-veterinary members. In Oklahoma and Florida, five of six members are listed as veterinarians; in Ohio, four of six; in Massachusetts, four of four; in California, four of eight.

 © Fran Jurga and Hoofcare Publishing; Fran Jurga's Hoof Blog is a between-issues news service for subscribers to Hoofcare and Lameness Journal. Please, no use without permission. You only need to ask. This blog may be read online at the blog page, checked via RSS feed, or received via a digest-type email (requires signup in box at top right of blog page). To subscribe to Hoofcare and Lameness (the journal), please visit the main site, www.hoofcare.com, where many educational products and media related to equine lameness and hoof science can be found. Questions or problems with this blog? Send email to blog@hoofcare.com.
 
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Disclosure of Material Connection: I have not received any direct compensation for writing this post. I have no material connection to the brands, products, or services that I have mentioned, other than Hoofcare Publishing. I am disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising.

Saturday, January 29, 2011

Vet-Span: Watch an Arkansas Legislative Committee Consider a Bill to Clarify the State's Vet Practice Act


Legislative committee hearings are the first step in the life or death of a bill introduced at the state level. In the most basic process, it happens like this: a state representative or senator files a bill, it is referred to a committee, the committee approves or disproves it, and the bill either goes forward to another committee or goes to the vote of the House or Senate. If turned down, the legislation may be abandoned or it may be modified and brought before the committee again.

Each state has a veterinary practice act. Most are modeled after a draft document provided by the American Veterinary Medical Association, but there is variation among the 50 states. One of the most contentious parts of the newer practice acts has been the definition of veterinary medicine to include all acts of prevention and treatment of disease in animals.

At various times, the veterinary practice acts have been challenged with requests for changes or interpretation in different states and it is quite often the horsecare field that is the battleground. Equine massage and equine dentistry are two professions that the veterinary profession seems to have identified as trying to cross over into the practice of veterinary medicine. Horseshoeing, farriery, equine podiatry and the practice of providing hoofcare by any number of other names are often lumped in with other gray-area professions from dog grooming to acupuncture. Horse trainers in some aspects of their work may even cross over the line.

Some states have attempted to clarify or modify veterinary practice acts, but of course it is much harder to change something after it has already been signed into law. Arkansas is one of the states that tried to change, or clarify, its practice act to allow professionals besides veterinarians to legally provide their services to animals.

The Arkansas proposed change was introduced with the new 2011 legislature and had its first committee hearing on January 19. Quite unrelated, the state of Arkansas at the same time introduced live video streaming of its committee hearings. As a result, the entire meeting of the House of Representatives' Agriculture, Forestry and Economic Development Committee could be downloaded and preserved on the Hoof Blog.

At the end of the video, you will see that the bill failed its first hearing. Jim House, a horseshoer from Fayetteville, Arkansas and former state legislator who introduced the bill, hopes and believes that it will be modified and reintroduced.

I've been in touch with Jim House extensively about his attempt to clarify and/or change the Arkansas Veterinary Practice Act. The presentation of this video is not to embarrass Jim or to publicize the bill's defeat or to criticize the way the bill or the Veterinary Practice Act in Arkansas or any other state.

The purpose of posting this video is to give you a clear view of the legislative process and how the care of horses and careers of professionals (whether veterinarians or not) can be affected by men in suits sitting around tables who may or may not know what the care of a horse entails. This is democracy in action, because these men were elected by the people of Arkansas. Think about that the next time an election rolls around.

If you are planning to begin or continue a career in the horse industry, spending the time to watch this video would be a good investment. It could be any state. It could be yours.

I've known Jim House (left) for many, many years. He is a horseshoer who has always been passionate, thoughtful and enthusiastic about his work. A former state representative in Arkansas, he said that he actually didn't undertake this project to benefit himself, or even his fellow horseshoers in Arkansas, but to benefit all who work with horses, and those who own them.

The Pandora's Box that Jim opened in his state is wide open, cracked, or at least being talked about in almost every state. No one but lawyers and opportunists will benefit from much of this until the vets and the professionals get together on their own, with the men's suits left hanging safely in their closets and with women, who predominate in both the horse industry and in the veterinary profession, joining in the conversation.

Finding and agreeing on common ground is the most important first step forward, if any of the three groups (owners, veterinarians and horsecare professionals) really wants, as Jim House says, to help the horses and not just themselves.

Meanwhile, the American Veterinary Medical Association is in the process of collecting comments for a new, revised Model Veterinary Practice Act (MVPA), as announced here on The Hoof Blog in November 2010. Once completed, the new MVPA will be presented to states and the AVMA will hope that state veterinary boards will adopt some or all of its tenets and present them to their state legislatures for approval, thus replacing the existing VPA in each state that adopts it.

So, any changes made to language in the MVPA would stand a good chance of being widely adopted across the United States. And those changes are being solicited right now.

TO LEARN MORE:


Download Arkansas House Bill 1055; click on "full text" to read the entire bill proposed to clarify the Veterinary Practice Act in Arkansas.

Jim House's passion for clarifying the Arkansas Veterinary Practice Act is presented in this article for Arkansas animal owners.


Hoofcare Publishing provides these resources as information for our readers and does not have an interest in the outcome of the legislation in Arkansas or any other state. Our goal is to pique the interest and involvement by our readers in all matters affecting the betterment of individual and collective groups who care for horses. Be informed. Get involved. But work proactively and collaboratively; remember the words of John F. Kennedy: "A rising tide will lift all boats."


© Fran Jurga and Hoofcare Publishing; Fran Jurga's Hoof Blog is a between-issues news service for subscribers to Hoofcare and Lameness Journal. Please, no use without permission. You only need to ask. This blog may be read online at the blog page, checked via RSS feed, or received via a digest-type email (requires signup in box at top right of blog page). To subscribe to Hoofcare and Lameness (the journal), please visit the main site, www.hoofcare.com, where many educational products and media related to equine lameness and hoof science can be found. Questions or problems with this blog? Send email to blog@hoofcare.com.
 
Follow the Hoof Blog on Twitter: @HoofcareJournal
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Sunday, March 07, 2010

Oklahoma Legislation Defines Equine Dentistry as Husbandry, not Veterinary Medicine; Passes House, on to State Senate

7 March 2010 | Fran Jurga's Hoof Blog at Hoofcare.com

I think you'd better watch these little video news clips from Oklahoma, and read some news from that state.




That's one way to look at this issue. I'm not sure why equine dentists would need access to cough medications and Ketamine, but there may be something in the bill that could be a loophole. And if people in Oklahoma want to lose weight quickly using a horse drug, shouldn't they try Lasix?

Across the state, a different television station has a completely different, and equally slanted, way of presenting the story to viewers:


Finally, let's hear from the vets themselves. Here's a promotional video from the state's veterinary association, with a demonstration of equine dentistry by Dr. Mark Bianchi. I wonder how many veterinarians in Oklahoma have his level of training in equine dentistry.



It's always important to tell both sides of the story. It's easy to do when the media does it for you so graphically.

Here are the basic facts: In the state of Oklahoma, HB 3202 passed by a vote of 71 to 25 in the House of Representatives on Thursday. Authored by Representative Don Armes and Senator Mike Schulz, the bill clarifies that acts of animal husbandry are not prohibited by the Veterinary Practice Act. It also requires that of the five veterinarian members of the State Board of Veterinary Medical Examiners (Board), one must be an equine practitioner and one must be a large animal practitioner.

HB 3202 also sets up a mandatory certification process for equine teeth floaters under the Board.

The bill must now go before the Senate Agriculture committee and the full Senate before reaching the Governor’s desk.

Earlier, the Oklahoma Farm Bureau passed a resolution stating "Equine dentists, chiropractors and farriers are trained professionals who provide essential services to the horse industry. They should be recognized as such and allowed to continue to practice."

According to a detailed article in The Oklahoman newspaper, which I recommend you all read, the state would require that equine dentists prove they have been through 80 hours of training. They would pay a $200 per year certification fee, and disputes or complaints would be handled by the state's agricultural board, not the veterinary board.

Click here to read a letter from Dr. Tina Neel, to state legislators; she is one of the veterinarians who is leading opposition to the bill.
It's amazing to see the resources and energy that have gone into this fight in Oklahoma. The background, of course, includes that teeth floating by non-veterinarians was made a felony, and a popular floater was arrested. He just happened to be a well-known rodeo cowboy as well. So the story made the headlines. Horse owners couldn't believe that it was a felony to run a rasp over a horse's teeth. Since then they've received a major education in the complexity of equine dentistry.

This fight has certainly been a microcosm of many political issues. I have not seen the small type in the bill, but I know that, in some way, the farriers in Oklahoma are probably affected by this proposed legislation as well. And I know full well that other states and other veterinary boards are watching what is going on in Oklahoma, as are groups like the Institute for Justice which often comes to the aid of professions and trades being regulated by legislation.

What will happen in the state senate? Will the abortion ads scare the citizenry into calling their senators and defeating the bill? Or will the don't-tell-me-what-I-can-do mentality win the day? More importantly, what will it mean, a year from now, or five years from now, to the horses and the owners in Oklahoma? There's plenty of chew on here.

© Fran Jurga and Hoofcare Publishing. Please, no use without permission. You only need to ask.

Fran Jurga's Hoof Blog is a between-issues news service for subscribers to Hoofcare and Lameness Journal. This blog may be read online at the blog page, checked via RSS feed, or received via a digest-type email (requires signup in box at top right of blog page).

To subscribe to Hoofcare and Lameness (the journal), please visit the main site, www.hoofcare.com, where many educational products and media related to equine lameness and hoof science can be found.

Questions or problems with this blog? Send email to blog@hoofcare.com.