Animal Health Freedoms

[Guest guest]

Hi everyone-

I found this and thought I would pass it along for what it is

worth...

Misty.

 

Please take a moment to review the NEW (for this year) revised and

improved (?!) " Proposed " (National) Veterinary Practice Act, then

pass this on to everyone you think may be outraged at the concept.

I think you will find that your freedom to help, and owners rights

to choose an animal practitioner is about to become SEVERELY limited!

 

Even though they had more than 2,500 letters AGAINST the last

revision, they act as though it was approved by everyone and now

(having claimed

that ground) go on from that supposition. Please see my testimony

against that earlier bill in Pa., that was instrumental in derailing

it in 1999: http://equirub.com/testimony-10-99.htm Notice that they

have not addressed any of the objections brought up in the

testimony, then or now. Instead the AVMA has ignored all logical

objections and just reasserted its " right " to decide for the welfare

of every animal in the world. This time they seem to have the

wording down, and whatever

'loopholes' that may have been percieved in the last proposal are

now being securely welded shut. I have taken the liberty of

accenting in bold those sentences which will have the most impact on

those people who are not licensed veterinarians, might ever try to

help any animal out of their suffering, and have the audacity to

accept any compensation for their labors.

 

ALL is NOT lost IF we can work together. Otherwise animals will only

have two remaining options: Drugs (up to and including 'being put to

sleep') or surgery. Don't let animals be 'put down' just because

their 'condition' cannot be treated by current 'veterinary

practices " , or doesn't fit within their medical model. You literally

can't afford to let these " guidelines " slip by. Please write to the

AVMA and express your opposition.

 

DRAFT REVISION FOR COMMENT DECEMBER 23, 2002

 

Sect 2 # 18

 

18) Practice of veterinary medicine means:

 

a) To diagnose, treat, correct, change, alleviate, or prevent animal

disease, illness, pain, deformity, defect, injury, or other

physical, dental, or mental conditions by any method or

mode; including:

 

i. the prescription, dispensing, administration, or application

of any drug, medicine, biologic, apparatus, anesthetic, or other

therapeutic or diagnostic substance or medical or surgical

technique, or

ii. the use of complementary, alternative, and integrative

therapies, or

iii. the use of any manual or mechanical procedure for

reproductive management, or

iv. the rendering of advice or recommendation by any means including

telephonic and other electronic communications with regard to any of

the above.

 

b) To represent, directly or indirectly, publicly or privately, an

ability and willingness to do

an act described in subsection 18(a).

 

c) To use any title, words, abbreviation, or letters in a manner or

under circumstances that

induce the belief that the person using them is qualified to do any

act described in subsection 18(a).

 

19) Practice of veterinary technology means:

a) To perform patient care or other services that require a

technical understanding of

veterinary medicine on the basis of written or oral instruction of a

veterinarian, excluding

diagnosing, prognosing, surgery, or prescribing drugs, medicine, or

appliances.

 

b) To represent, directly or indirectly, publicly or privately, an

ability and willingness to do

an act described in subsection 19(a).

 

Sec. 2 sub 6

6) Complementary, alternative, and integrative therapies means a

heterogeneous group of

preventive, diagnostic, and therapeutic philosophies and practices,

which at the time they are performed may differ from current

scientific knowledge, or whose theoretical basis and

techniques may diverge from veterinary medicine routinely taught in

accredited veterinary

medical colleges, or both. These therapies include but are not

limited to veterinary acupuncture,

acutherapy, and acupressure; veterinary homeopathy; veterinary

manual or manipulative therapy

(ie, therapies based on techniques practiced in osteopathy,

chiropractic medicine, or physical

medicine and therapy); veterinary nutraceutical therapy; and

veterinary phytotherapy.

 

 

The definition of the practice of veterinary medicine in the 2002

draft revision includes the

use of complementary, alternative, and integrative therapies, which

is also defined in Section

2, subsection 6.(above) The definition used for the MVPA is based

largely on that in the AVMA

Guidelines for Complementary and Alternative Veterinary Medicine,

which were approved by

the AVMA Executive Board in 2001. The AVMA recognizes that clients

may seek any of a

number of treatment modalities for their animals. However, when

applied to animals, these

treatment modalities represent the practice of veterinary medicine,

and as such, are subject to

regulation as outlined in the practice act.

 

Section 22 Enforcement

1) Any person who practices veterinary medicine without a valid

license or temporary permit issued

by the Board shall be guilty of a criminal offense and upon

conviction for each violation shall be

fined [an appropriate amount of money according to the Board or the

laws of the state] or

imprisoned [an appropriate amount of time according to the Board or

the laws of the state],

provided that each act of such unlawful practice shall constitute a

distinct and separate offense.

2) Any person not licensed under this act is considered to have

violated this act and may be subject to all the penalties provided

for such violations if he:

 

a) Performs any of the functions described as the practice of

veterinary medicine as defined in this act, or

b) Represents, directly or indirectly, publicly or privately, an

ability and willingness to perform any of the functions described as

the practice of veterinary medicine as defined in this act, or

c) Uses any title, words, abbreviation, or letters in a manner or

under circumstances that induces the belief that the person using

them is qualified to perform any of the functions described as the

practice of veterinary medicine as defined in this

act.

 

Section 17

3) The Board or any citizen of this state may bring an action to

enjoin any person from practicing

veterinary medicine without a currently valid license or temporary

permit issued by the Board. If

the court finds that the person is violating or is threatening to

violate this act, it shall enter an

injunction restraining him from such unlawful acts.

 

4) Not withstanding other provisions of this act, the Board may take

immediate action if there is an

imminent threat to the health, safety, or welfare of the public. The

Board shall find that this action is necessary for the protection of

the public and necessary to effectively enforce this act. If the

Board takes immediate action pursuant to this subsection 4, efforts

shall be made as soon as possible to proceed in accordance with a

hearing pursuant to Section 16 of this act.

 

5) In addition to any other penalty or remedy provided by law, the

Board shall have the authority to implement a system of Cite and

Fine procedures for licensed and nonlicensed persons who violate

the state veterinary practice act. The Board may also impose a civil

penalty, upon conviction, for

each separate violation. This civil penalty shall be in an amount

not to exceed [dollar amount] for

each violation and shall be assessed by the Board in accordance with

the provisions set forth in

Section 16 of this act.

 

6) The success or failure of an action based on any one of the

remedies set forth in this Section shall

in no way prejudice the prosecution of an action based on any other

of the remedies.

 

http://www.avma.org/education/mvpa/default.asp

 

http://www.avma.org/education/mvpa/mvpa_commentary.pdf