Board of Directors
2019 |
President
John Thomas, Esq.
Secretary-Treasurer
DISTRICT DIRECTORS
District I:
Frank Muggia, Esq.
District II:
Marty Greer, DVM
District III:
Donna Kline, JD
At Large:
Jerry A. Greene, DVM, MS
At Large:
Elizabeth Choate, Esq.
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| STAY IN TOUCH! |
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AVMLA Contacts:
202.449.3818 phone
202.449.8560 fax
EMAIL:
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| Join Our List |
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Dear AVMLA Member,
February has been busy and productive for the AVMLA! We exhibited at Western Veterinary Conference and enjoyed meeting new and old friends, as we kicked off the
I AM WITH AVMLA campaign.
We welcome new members:
Julie Jewell, CVT
Jeff Schick, ESQ
Kassia McGuire (student)
Our long-term supporters understand the importance of AVMLA's
mission that allows us to share
who we are
, what we stand for and where our value lies.
AVMLA Mission:
- Provide information to members regarding pertinent issues in the field of veterinary medical law.
- Increase public awareness and understanding of the impact of law on all aspects of veterinary medicine.
- Facilitate interactions among organizations, regulatory agencies and the courts for the benefit of society.
Our members are the heart and soul of what the AVMLA stands for and who we represent. Collectively, we understand the importance and the impact of veterinary medical law and how it supports veterinary medicine.
Please consider helping us continue with the the work we do.
If you haven't renewed, be sure to do so by February 28th, in order to not be removed from the AVMLA Members' List Serv and take advantage of the newsletters, webinar, and annual conference.
If you are not an AVMLA member,
join today
by visiting
AVMLA.org
. We look forward to your participation in the AVMLA's top-notch educational programs where you can earn continuing education credits. For just $150 that is tax deductible, you can enjoy all of the valuable benefits we offer, plus you will gain a network of colleagues who understand veterinarian's unique challenges and how they apply to the law.
Thank you for your continued support of the AVMLA.
Andrea Ball
Executive Director
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AVMLA 25th ANNUAL CONFERENCE
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Registration is Now Open!
The AVMLA's two-day conference brings together some of the most respected professionals in the veterinary, legal and business fields. Click on the links below for a sneak peek of this year's hot topics and presenters. We'd love to see you in DC as an attendee and have several sponsor opportunities available! Special *THANKS* to our 2019 Conference Host Sponsor, HARRIS BEACH, PLLC and the AVMLA Luncheon Sponsor, ASPCA!
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| The Legal Perspective |
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Veterinarians Play a Key Role in Federal Regulations Governing Emotional Support Animals
By: Frank C. Muggia, Partner,
From planes to trains to automobiles, "emotional support animals" are everywhere. Unlike animals that perform a specific task for a disability, such as service dogs, these animals are meant to provide comfort to owners with an emotional handicap. The most common "emotional support" animals are dogs and cats, although peacocks, pigs, ducks and monkeys have all been registered on the Official Emotional Support Registration of America.
Under the 1988 Amendments, the Fair Housing Act (42 U.S.C.
ยง 3604) provides that tenants cannot be prevented from living with a registered "emotional support animal," even where there is a no-pet policy. The Fair Housing Act provision has been expanded to all forms of travel, allowing those with a documented handicap to bring their pets on any form of public transportation.
In order for a person to qualify for an emotional support animal, the owner must be diagnosed as emotionally disabled by a licensed mental health professional, i.e. a therapist, psychologist, or psychiatrist. Although not legally required, qualified owners may then register their animal on any one of accredited registries available online, including the Official Emotional Support Registration of America and the National Service Animal Registry, by submitting a fee and a recommendation letter from a licensed mental health professional.
Importantly, some airlines require additional documentation when applying to fly with an emotional support animal. United Airlines, for example, collaborated with the American Veterinary Medical Association (AVMA) and the AVMA Professional Liability Insurance Trust (AVMA PLIT) to draft a "Veterinary Health Form" that took effect on March 1, 2018. The form allows veterinarians to report meaningful information about the emotional support animal to assist the airline in making a decision whether to allow the pet on its flights, including:
- Whether the veterinarian believes the animal would pose a direct risk to the health and/or safety of airline staff and other passengers;
- When the animal's last physical examination was conducted, including whether there was any evidence of infection or a contagious disease that would endanger public health;
- How the veterinarian believes the animal will react to being transported in the airplane's cabin, including any information as to whether the animal may require a muzzle, kennel, transport in the cargo area, etc.;
- Any information as to the animal's consistent behaviors, i.e. biting, scratching, itching, etc.
The Veterinary Health Form must be signed and dated by the animal's treating licensed veterinarian. Delta Airlines uses a similar form.
As more and more Americans take advantage of federal protections offered to those requiring emotional support animals, more veterinary professionals will be asked to provide input as to whether the animal in question is prepared to travel with its owner and if doing so will endanger the health and/or safety of others. To maximize their influence on public health and safety, veterinarians should encourage clients to consult with them before deciding to travel with an emotional support animal.
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| Case Law Summary |
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By: John Scott, DVM, JD, Scott Veterinary Services
OWNER OF A HORSE WHO DEVELOPED INFECTION IN A JOINT FOLLOWING SURGERY BY A VETERINARIAN AND WAS EUTHANIZED FOLLOWING UNSUCCESSFUL TREATMENT OF THE INFECTION APPEALED
THE DECISION OF THE TRIAL COURT TO DENY THEIR MOTION TO VOLUNTARILY DISMISS.
Dale v. Equine Sports Medicine and Surgery Race Horse Service,
(2018 WL 4334143 - Unpublished opinion U.S. Ct. App. 5th Cir)
BASIS OF THE COMPLAINT:
A racehorse purchased for $19,000 by Dale sustained an injury during racing season that created bone chips in one of her joints. Following surgery to remove the bone chips the horse was transported to a facility of Equine Sports Medicine and Surgery Race Horse Service (ESMS)
located in New Mexico for rehabilitation. A year later the horse developed an infection in the joint and treatment was continued at ESMS. The horse was later transferred to an ESMS facility in Weatherford, Texas where her condition significantly deteriorated and she was eventually euthanized.
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| Case Law Summary |
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By: John Scott, DVM, JD, Scott Veterinary Services
SWINE BREEDER BROUGHT ACTION UNDER THE FEDERAL TORT CLAIMS ACT ALLEGING NEGLIGENCE BY THE NATIONAL VETERINARY SERVICES LABORATORY IN CONDUCTING AND REPORTING RESULTS OF TEST RESULTS REQUIRED FOR QUALIFYING PIGS FOR EXPORT TO CHINA.
Compart's Boar Store, Inc. V. U.S.A, 122 F. Supp. 3d 818 (D. Minn, 2015)
BASIS OF THE COMPLAINT:
Porcine Respiratory Reproductive Syndrome (PRRS) is a viral disease of swine that can spread rapidly through swine herds and may cause pneumonia, lethargy, feeding problems, and spontaneous abortions. The export of pigs to China is governed by an Export Protocol which requires that only swine that come from facilities that have been free of PRRS for at least two years can be exported to China. Compart's Boar Store (CBS) contracted to ship 367 breeding-stock pigs to China.
Swine selected for export to China must undergo a battery of tests and quarantine procedures. (Note:
The opinion of the court contains a description of the testing procedure which will not be discussed here. In short, the test procedure is a four-step process. [1] Blood samples are drawn and subjected to a fluorescence test. [2] The pigs are quarantined and the fluorescence test is performed again. [3] The samples are subjected to a VI test. [4] The samples are again subjected to the fluorescence test. If any of the tests are positive the pigs cannot be shipped.) After the testing and quarantine procedure of the CBS pigs, the testing lab reported that the last tests performed on some of the swine were "inconclusive". That report ultimately led not only to CBS losing the particular export deal for the swine being tested. But also to CBS being altogether banned from exporting swine to China.
CBS brought five somewhat overlapping claims against the government which the court said boiled down to two allegedly negligent acts: (1) negligent reporting - a claim that the government acted negligently when it reported the results as Inconclusive; and, (2) negligent testing - a claim that the government acted negligently when it conducted the tests. The government argues that the Court lacks jurisdiction over those claims because they fall within various exceptions to the Federal Tort Claims Act (FTCA) waiver of sovereign immunity. The government argues that the discretionary function exception to the waiver of sovereign immunity bars CBS's claims.
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| AVMLA Membership & More |
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THANK YOU FOR YOUR CONTINUED SUPPORT
OF THE AVMLA!
RENEW YOUR MEMBERSHIP TODAY!
To renew your AVMLA Membership dues, simply renew
online, or you are welcome to
download/print/mail your membership app to AVMLA, 1750 K Street, NW, Ste. 700, Washington, DC 20006,
email your app, fax
(
202.449.8560) or give our office a call at
202.449.3818.
If you are interested in contributing to the AVMLA News Brief, advertising or posting a help wanted ad, please send an email to info@AVMLA.org.
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