AVMA summary of 2007 state laws and regulations.

State governments adopted or considered a variety of measures during 2007 in areas that affect veterinarians—such as animal cruelty, mandatory spay/neuter, and loan repayment.

The AVMA recently released a year-end summary of the new state laws, regulations, and court decisions relevant to the veterinary profession. The report also extends to measures that came under consideration or are still pending.

In 2007, the AVMA's electronic tracking system identified more than 4,400 state bills and regulations of interest to veterinarians. The AVMA Department of State Legislative and Regulatory Affairs distributed 1,390 alerts to state veterinary medical associations. The department responded to 83 requests for research.

States continued to increase penalties for animal cruelty, with 43 states now providing felony penalties. New Mexico and Louisiana became the last states to ban cockfighting. Four states passed laws allowing the inclusion of family pets in orders of protection, while North Dakota joined the growing list of states allowing pet trusts.

Six more states adopted language in 2007 that restricts dog tethering. The AVMA is not aware of any states enacting breed-specific legislation, but several states adopted bills requiring microchip identification of dangerous dogs.

Colorado now requires veterinarians to report instances of animal cruelty and fighting, while North Dakota passed legislation directing veterinarians to report the possibility of child abuse that they suspect from information they receive in a professional capacity. North Carolina and Oregon adopted immunity for veterinarians reporting animal cruelty.

California experienced an emotional battle on the issue of spay/neuter for dogs and cats. The legislature shelved a bill calling for mandatory sterilization, but legislators may introduce a narrower version this year that addresses irresponsible owners.

Maine will have new voluntary humane handling and slaughter standards for livestock, while Oregon will prohibit stalls for housing pregnant sows starting in 2012. California is bracing for a ballot initiative in 2008 on confinement of pigs, calves, and hens on farms.

The legislative aftermath of Hurricane Katrina continued in 2007, with eight more states adopting legislation enabling the rescue of domestic or service animals during a disaster. Three states passed legislation authorizing veterinarians to provide volunteer services during disasters.

The authority of massage therapists, physical therapists, acupuncturists, chiropractors, and equine dental technicians to treat animals is still a major issue for state legislators and regulatory bodies. States adopted or considered a number of new rules to govern animal treatment by such non veterinarians.

North Dakota established a loan repayment program for large animal veterinarians to help address workforce shortages in rural areas, while Missouri is expanding a similar loan repayment program. In the future, more states may offer loan repayment in response to rural and public health shortages.

The year-end report also addresses state measures on several other topics—such as animal identification, horse slaughter, and pharmaceuticals. The summary concludes with a preview of bills that legislators have pre-filed for 2008.

The report is available at www.avma.org by clicking on State under Advocacy and then clicking on State legislative updates.

Several existing state statutes address the tethering issue in companion animals, specifically dogs. California prohibits a person from tethering, fastening, chaining, tying, or restraining a dog to a dog house, tree, fence, or other stationary object, with some exceptions. Connecticut prohibits tethering for an unreasonable period of time. Maine and Vermont prohibit tethering where it is inhumane or detrimental to the animal's welfare and specify appropriate conditions for tethering. Delaware, Michigan, Virginia and the District of Columbia contain specifications regarding how to appropriately tether an animal. The Florida constitution and Arizona statute address tethering as it pertains to pregnant sows.

Many other animal cruelty statutes likely would be interpreted to prohibit tethering where it is detrimental to the animal, though the statute may not specifically use the term "tethering."

This remains a hot issue in the 2007 legislative session with six states adopting language addressing tethering thus far. Maine law already required a specific length of tether where a dog was tethered outdoors for long periods of time. However, this year Maine modified its law slightly by adopting HB 1137 which sets the appropriate length of tethers depending on whether they are secured by stationary anchors or pivot anchors.

California, Maryland, Oregon and Washington were among the states that also considered tethering prohibitions for pigs and/or calves. Oregon adopted SB 694 to prohibit the confinement of a pregnant pig by tether or other means that for a 12 hour or more period of time where such confinement prohibits the animal from turning around freely and lying down to fully extend its limbs.

Under Consideration:

Michigan is considering HB 4551 which will increase penalties for improper tethering where multiple animals are involved.

New Jersey HB 2649 is still under consideration. This bill would create the new offense of animal neglect and aggravated animal neglect. Under this bill an animal owner or caretaker would be guilty of animal neglect where s/he cruelly restrains a dog. Such restraint is defined as chaining, tying, fastening or otherwise tethering a dog to a stationary object in or outdoors for more than ten hours in a twenty-four hour period. The bill also specifies prohibited types of collars and indicates impermissible chain lengths.

Pennsylvania HB 445, if adopted will prohibit a dog owner or keeper from tethering a dog in the following instances: where the dog was outdoors for more than eight hours without access to adequate shelter, food or water; during inclement weather without adequate shelter; under conditions where the dog may become entangled with other objects or where the collar or where the tether was inappropriate for the dog. Pennsylvania HB 1065 also creates restrictions on tethering and recently passed the House Judiciary Committee.

Adopted:

Indiana adopted HB 1387 to amend its animal cruelty law to include instances where an animal is kept on too small or heavy a tether.

Maine modified its law slightly by adopting HB 1137 which sets the appropriate length of tethers depending on whether they are secured by stationary anchors or pivot anchors.

Maryland adopted SB 696 which prohibits the use of any restraint that unreasonably limits the movement of a dog; restricts its access to food and water; has a primarily metal collar; has a collar that is less than the circumference of the dog's neck plus one inch; causes injury to the dog or places it in unsafe or unsanitary conditions.

New Mexico adopted HM 19, directing the Department of Public Safety to conduct a study to investigate the public safety and humane implications of persistently tethering dogs.

Tennessee adopted SB 637, which establishes as an element of cruelty to animals, the offense of knowingly tying, tethering or restraining a dog in a manner that results in the dog suffering bodily injury.

Texas adopted HB 1411 which prohibits an owner from keeping a dog outside and unattended by use of a restraint that unreasonably limits the dog's movement between the hours of 10p.m. and 6a.m.; within 500 feet of the premises of a school or where extreme weather conditions are present. The new law also provides requirements as to the appropriate type of collar and tether length. New Mexico adopted a resolution directing the Department of Public Safety to conduct a study to investigate the public safety and humane implications of persistently tethering dogs to be completed by December 1, 2007.

Introduced:

Other states took up the issue this session, but did not pass bills into law. Rhode Island HB 5179/SB 527 and Virginia HB 2242/HB 2098 considered creating limitations on the duration and type of tethering for a dog kept outdoors. Penalties would have applied for non-compliance. North Carolina considered, but did not adopt, SB 1172. This bill would have prohibited the tethering of a dog to a stationary object for more than three hours during a twenty-four hour period. During the permissible period of tethering, specific requirements as to leash length and type would have applied.

South Carolina SB 833 would have limited tying a dog to a stationary object to three hours for every twenty-four hour period. Dogs on a cable trolley system would have been limited to six hours for every twenty-four hour period. West Virginia HB 2337 would also have placed time and manner restrictions on tethering. The measure did not advance.

Source: Staff research, AVMA State Legislative and Regulatory Department
Contact: Julia Fullerton, State Policy Analyst, AVMA State Legislative and Regulatory Department, 847-285-6697

This is a summary of state laws addressing spay and neuter of animals. Please contact the AVMA State Legislative and Regulatory Affairs Department for the actual text of any of the provisions.

We have not found a current mandatory state law requiring all pet owners to sterilize their animals. However, Rhode Island has adopted legislation requiring all cats to be spayed or neutered unless the caretaker has a breeding permit, the cat has been adopted and the caretakers will be sterilizing the cat pursuant to an agreement with the adopting agency or, due to the animal's health, a veterinarian states that it would be inappropriate.

Sterilization of pound or shelter animals appears to be relatively common in state statutes. Ordinances or statutes allowing for increased licensing fees for intact animals, or requiring sterilization for dangerous or vicious dogs, are not unusual either. Currently, California allows localities to enact "breed-specific" spay/neuter ordinances, though the law is being challenged in court. Delaware and Nevada require shelter animals to be sterilized prior to adoption, unless the animal is too young or it is medically dangerous to the animal. Alabama, Arizona, Arkansas, California, Connecticut, Florida, Georgia, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Missouri, Montana, New Mexico, New York, North Dakota, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah and West Virginia require sterilization or a promise to sterilize in order to adopt a pound animal, some also require a monetary deposit. Most states require the passage of a certain amount of time - for an owner to claim an animal that has been "picked up" and taken to the pound - before the animal may be altered.

We attach below links to relevant AVMA policies.

AVMA Resources

Policy Positions
Age of animal and the procedure
http://www.avma.org/issues/policy/animal_welfare/spay_neuter.asp
As population control
http://www.avma.org/issues/policy/animal_welfare/population_control.asp
Source: Staff research, AVMA State Legislative and Regulatory Department
Contact:Tara Madson, State Policy Analyst, AVMA State Legislative and Regulatory Department, 847-285-6779

Over 30 state legislatures have reconvened this month, while a handful finished up their business for 2007. For example, New Jersey's governor signed into law S 1604, establishing a prescription monitoring program with authority over registration and control of controlled dangerous substances. Meanwhile, as typical at this time of year, the new sessions begin to build momentum with the introduction of numerous bills.

Many bills introduced:

Potentially significant bills have been drafted, prefiled and introduced on a variety of topics already in 2008. These include:

* Alaska HB 297 – exempts from the definition of veterinary medicine practices related to artificial insemination and farriers, as well as practices commonly performed on farm or domestic animals.
* Indiana SB 316 – a wide ranging revision of the veterinary practice act, including clarification that complementary or alternative therapy fall within the practice of veterinary medicine if performed for compensation.
* Missouri SB 886 – prohibits local ordinances to control dangerous or vicious dogs if specific as to breed.
* Missouri HB 1489, HB 1592 – creates a drug monitoring program and strengthen record keeping and reporting requirements for controlled substances.
* New Hampshire SB 318 – creates the licensed profession of veterinary assistant practitioner and lists tasks under direct and indirect supervision.
* New Hampshire HB 1522 – prohibits the confinement of farm animals in a manner that does not allow them to turn around freely, lie down, stand up, and fully extend their limbs, with some exceptions.
* South Dakota HB 1127 – creates a veterinarian loan repayment program for up to three veterinarians who provide food animal and large animal veterinary medicine services to communities in the state.
* Tennessee SB 2707 – regulates pet dealers and sets license fees for dealers selling dogs or cats.
* Tennessee SB 2738 – makes it illegal to knowingly own a pit bull dog.
* Virginia HB 538 – regulates commercial breeders who maintain 20 or more unsterilized adult female dogs for purpose of commercial breeding during any 12-month period.
* Virginia SB 637 – requires animal control officers to report suspected child abuse or neglect.
* Washington HB 2511 – regulates pet dealers and provides consumers with remedies such as refund or exchange, or reimbursement of veterinary expenses up to 150% of the purchase price of the animal.
* Washington HB 2432, SB 6187 – creates a food animal veterinarian scholarship program for graduates of Washington State College of Veterinary Medicine.

Regulatory activities:

The District of Columbia Department of Health approved comprehensive revisions of the pharmacy regulations. There is a new requirement for registration of nonresident pharmacies that dispense or distribute prescription drugs or medical devices into the District.

The California Department of Regulatory Agencies has published a proposed regulation that would allow unregistered assistants with certain experience to take the state RVT examination in 2009 without any educational requirement, bypassing six established routes to eligibility, all of which require an educational component. A hearing was scheduled for Jan. 16.

The Arizona Board of Pharmacy has proposed rules establishing a controlled substances prescription monitoring program that includes a computerized central database tracking system to track the prescription, distribution and consumption of controlled substances.

Did you know? There are 7,882 elected members in our nation's 50 state legislatures, ranging from the 400-strong New Hampshire House of Representatives to Alaska senators who number just twenty. Lawyers are still the largest occupational group in legislatures with about 15%, down considerably from the mid-1970s when one-quarter of legislators were. There are currently 24 veterinarians serving in state legislatures.