February 2024

Dear AVMLA Members,


Thank you to everyone who joined us for the inaugural AVMLA Membership Meeting, held Jan. 23, 2024 (held the fourth Tues. of the month, 8pm, ET.) Marty Greer, DVM, JD and Kent Kruse, DVM presented on non competes. The meeting was well attended, members and guests enjoyed a great exchange of interactive discussion. Please see the resources links and access to the presentation/discussion below.

 

February's Membership Meeting will be held, Tuesday, Feb. 27th, 8pm, ET. Sarah Babcock, DVM, JD, Animal & Veterinary Legal Services, PLLC will discuss Workplace Liability and Standard of Care Vs. the Standard of Practice and the difference between them.

 

The benefits of AVMLA membership includes the following valuable benefits; you receive our monthly e-Newsletter on legal issues in veterinary medicine, we conduct continuing CLE and CE education through webinar series, members are provided the opportunity to have peer-to-peer dialogues with other members on issues of important to the member. Its like having your own personal access to current legal information, nationwide, for only $15.00 a month.

 

We would love to have you become more involved. Think about becoming a volunteer, contributor, sponsor, committee, mentor, presenter, and leadership opportunities are available.

 

Be sure to drop by the AVMLA booth 3182 at WVC 2023, February 18-21, Mandalay Bay Convention Center, Las Vegas, NV. We would love to meet you in person! This year we will be offering a 10 % WVC on-site AVMLA membership discount. If attendees choose to join both AVMLA and SVME at the same time, they will be able to receive a 20% total discount off the package! 


Given all the great membership value and benefits your AVMLA membership provides, if you haven't paid your 2024 dues please fill out this form today!

 

As always, thank you for your continued support of the AVMLA.

 

Debra Hamilton, JD

AVMLA President 2023-2024

Debra Hamilton, JD

February's Membership Meeting, Tuesday, Feb. 27th, 8pm, ET. Sarah Babcock, DVM, JD, Animal & Veterinary Legal Services, PLLC will discuss Workplace Liability and Standard of Care Vs. the Standard of Practice and the difference between them.

Register here.

Come See Us at WVC!


Be sure to drop by the AVMLA booth 3182 at WVC 2023, February 18-21, Mandalay Bay Convention Center, Las Vegas, NV. We would love to meet you in person!


This year we will be offering a 10 % WVC on-site AVMLA membership discount.


Share with your colleagues so they can take advantage of our special sale!


FEB. MONTHLY MEETING: Sarah Babcock, DVM, JD

REGISTER FOR THE FEBRUARY MEMBERS MEETING HERE!

SHARED MEMBERSHIP SPECIAL AT WVC FOR NEW MEMBERS!

Join AVMLA & SVME at a discount!

SHARE THIS WITH A COLLEAGUE WHO DOESN'T KNOW WHAT THEY ARE MISSING AND ARE HEADING TO VEGAS!



New Members Special Shared Membership Special to Join AVMLA & SVME!


If attendees choose to join both AVMLA and SVME at the same time, they will be able to receive a 20% total discount off the package! 

RECAP OF THE AVMLA MONTHLY MEETING: NON COMPETES

Check out what you missed in January!


Non-Competes

Kent A. Kruse, DVM & Marty Greer, DVM, JD

Facilitator: Debra Hamilton, JD, AVMLA President


Thank you to everyone who joined us for the inaugural AVMLA Membership Meeting, held Jan. 23, 2024 (held the fourth Tues. of the month, 8pm, ET.) Marty Greer, DVM, JD and Kent Kruse, DVM presented on non competes. The meeting was well attended, members and guests enjoyed a great exchange of interactive discussion. Please see the resources links and access to the presentation/discussion below.

 

Recording and Discussion Access for Non-Competes:

https://us02web.zoom.us/rec/share/aueQUUS_cP_oNzfi6CSocmQkg0ZWryN_Fo-lm5F_UkB6qYh2KNFU8XYtzXfc_Ccj.iifvELit4aVn53cT

 

Passcode: 8P5@bn06


Non Competes Resources


Definition from Charlotte LaCroix, DVM, JD, AVMLA Member

https://veterinarybusinessadvisors.com/non-compete-non-solicitation-and-non-disclosure-what-are-they-and-do-we-need-them/


Pro NC-best I could do. It has one sentence about thoughtful writing

https://mahanlaw.com/practice-areas/veterinary-practice-litigation/non-compete-agreements/#:~:text=Ultimately%2C%20a%20well%2Dconceived%20non,deemed%20unenforceable%20by%20the%20courts.


Ultimately, a well-conceived non-compete agreement will protect a veterinary practice from being exploited by a former employee. A non-compete agreement must not be overly restrictive in terms of time and geographical area, however, because it may then be deemed unenforceable by the courts.


https://www.cliniciansbrief.com/article/veterinary-noncompete-agreements-know-law

Need a membership to read fully


Con NC

https://www.inlander.com/news/two-vets-allege-spokanes-only-24-hour-er-for-pets-is-creating-a-monopoly-21568627

https://vetidealist.com/non-compete-clauses-veterinarians-ethical/

https://thevetrecruiter.com/non-compete-clauses-animal-health-veterinary-employers/

https://drandyroark.com/non-competes-going-away/

https://news.vin.com/default.aspx?pid=210&catId=-1&id=11394052

https://www.avma.org/news/shifting-landscape-noncompete-agreements

https://www.lawdepot.com/resources/business-articles/how-to-know-if-a-non-compete-agreement-is-reasonable/

AVMLA Member Highlight

Marilyn Chimes, DVM, JD


Scharf Banks Marmor LLC 

mchimes@scharfbanks.com

224-374-9060


Meet Dr. Marilyn Chimes


Marilyn J. Chimes concentrates her practice on complex litigation and life sciences. Dr. Chimes brings an unusual combination of experiences to the practice of law. A Doctor of Veterinary Medicine, with board certification in laboratory animal medicine, she has used her medical and pharmaceutical company experience in such areas as litigation, risk management and risk counseling, analysis of license and contract agreements, the development of medical, pharmaceutical and biotech products and other health-related engagements.


Marilyn has had hands-on experience in pre-clinical drug safety evaluation, protocol design, report drafting and review, and a range of planning analysis and writing in the area of biomedical research. She is also registered to practice before the United States Patent and Trademark Office and licensed in veterinary medicine and surgery in Illinois, New York and Michigan.


Marilyn has experience in intellectual property law, including infringement and validity opinions, licensing, contracts, litigation, and some patent and trademark prosecution. She has advised clients on the development, protection, marketing and defense of intellectual property. She also has extensive experience in health care law, including negotiation and drafting of corporate documents, agreements, policies and procedures. Her clients have been primarily pharmaceutical, medical device, and health care companies, as well as groups of health care professionals. In addition, Marilyn has represented closely held corporations and high net worth individuals in corporate and commercial matters, estate planning and real estate transactions.


Dr. Chimes received her D.V.M., with honors, from Michigan State University in 1979. She received her J.D., with high honors, from the Chicago-Kent College of Law in 1999 where she was awarded a Certificate in Litigation and Alternative Dispute Resolution, was a Kent Legal Scholar and was admitted to the Order of the Coif.


Dr. John Scott AVMLA Student Writing Scholarship

REMINDER:

Dr. John Scott, AVMLA Board of Directors and former AVMLA President announced during the annual Members' Meeting a new scholarship, called the Dr. John Scott Student Writing Scholarship, will be offered to an AVMLA student member. The first-place applicant will receive a one-time scholarship award in the amount of $500. The second-place applicant will receive a one-time scholarship award in the amount of $200.


Any AVMLA student member who has been a member for at least six months prior to the 2024 AVMLA Continuing Education Conference, which is anticipated to take place June 22–23, 2024, in Austin, Texas (concurrent with the American Veterinary Medical Association Convention), is eligible to enter. Each applicant is required to submit an original paper with at least four typed pages and five footnotes, or a bibliography if sources are cited in the text of the article. The proposal should concentrate on a contemporary issue in veterinary legislation and be long enough for an oral presentation to last roughly an hour.


The paper could be a general overview of current views on the subject without commentary, or it could include the author's arguments for or against the topic. The winning Student Member will not have to pay any registration fees for the 2024 AVMLA Continuing Education Conference, and their presentation will be featured in the program schedule.



Who: Any eligible veterinary or law student. Students must be an AVMLA Member for at least 6 months BEFORE June 22-24, 2024. JOIN HERE FOR FREE


What: Each applicant is required to submit an original proposal, with sources, concentrating on a contemporary issue in veterinary legislation and be long enough for an oral presentation to last roughly an hour.


Award: The first-place applicant will receive a one-time scholarship award in the amount of $500. The second-place applicant will receive a one-time scholarship award in the amount of $200. The winning Student Member will not have to pay any registration fees for the 2024 AVMLA Continuing Education Conference, and their presentation will be featured in the program schedule.


Submissions: Please submit your proposal to info@avmla.org

Deadline: May 01, 2024

AVMLA NEWS

A new veterinary college is coming to Montana, hoping to fill gaps in care for small and large animals.

Rocky Vista announces plans for college of veterinary medicine (ktvq.com)

 

The RCVS has established a new working group to develop proposals for how it will regulate veterinary practices on a statutory basis in the future. RCVS forms working group to develop proposals for mandatory veterinary practice regulation - VetSurgeon News - VetSurgeon.org - VetSurgeon.org 

 

Xylazine is used for veterinary purposes, but human consumption has led to overdoses and deaths. Because Xylazine is not an opioid, the use of Narcan by law enforcement is not effective in dealing with a person suffering from an overdose.

News - House Committee Unanimously Approves Xylazine Bill (sd.gov) 

 

An Iowa Senate panel unanimously advanced legislation Thursday to expand Iowa’s laws against sexual abuse of animals, a practice that animal welfare advocates say is ticking up in Iowa.

Senate panel approves expansion of Iowa's law against sexual abuse of animals - Iowa Capital Dispatch

 

Boston, MA could be on its way to becoming the third state in the nation to ban cat declawing. The state Senate unanimously passed legislation to outlaw what advocates say is an "inhumane procedure." It involves removing the first bone of the toes on a cat's feet.

Bill to ban cat declawing in Massachusetts passes Senate - CBS Boston (cbsnews.com)

A special thanks to ASPA sponsors:

ASPCA, Robson Forensics, Michael Best & Friedrich LLP, Recellerate

Do you have a case that you'd like to see covered?

Send it to us, and we will feature it in a future AVMLA News Brief

Want to be published in the AVMLA News Brief?

We are always looking for writers, legal/veterinary information, and your input on the AVMLA News Brief. Join the committee, volunteer to write an article and/or send us your state legislation for inclusion. More information can be found at www.AVMLA.org or contact the office to get involved!

American Veterinary Medical Law Association | AVMLA.org
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