November 2024

Dear AVMLA Members,

Don't Miss Out on AVMLA's Upcoming Events!

Join us for part 3 of the AVMLA Navigating Veterinary Law: Regulatory Insights webinar series. In this enlightening session, our accomplished panelists will share their expertise on critical regulatory and legal issues in veterinary medicine. This is your chance to delve into crucial topics that impact your practice and profession.

As the holidays approach, we have much to be thankful for! During this busy time, I hope you'll take a moment to reflect on your blessings and consider renewing your membership with AVMLA. Our organization provides tremendous benefits to its members and the veterinary profession. Renew your membership or join us today at avmla.org/membership.

If you're attending the Western Veterinary Conference from March 2-5, 2025, in Las Vegas, be sure to stop by the AVMLA booth to connect with fellow members and learn more about our initiatives.

Mark your calendars for the AVMLA Continuing Education Conference and Members' Annual Meeting on July 19-20, 2025, held in conjunction with the AVMA Conference in Washington, D.C.

Our President-Elect Rob Simpson, DVM, JD, will serve as the 2025 AVMLA Conference Program Chair. This year's primary conference theme focuses on regulatory topics that are sure to benefit our membership. We invite you to watch for sponsor opportunities and consider submitting a speaking proposal to share your expertise at this premier event. Help shape the future of our profession by contributing to this extraordinary learning and networking experience.

During the holidays, I hope you'll take the opportunity to refresh and recharge with your loved ones. Thank you for your continued support of AVMLA, and I look forward to connecting with you soon!

Kenyon Conklin, VDM

AVMLA President 2024-25

Kenyon Conklin, VDM, JD

AVMLA Member Highlight

AVMLA Annual Conference Call for Speakers

Rob Simpson, DVM, JD, AVMLA 2025 President-Elect and Annual Conference Program Chair, is pleased to announce the call for speakers for the 2025 AVMLA Annual Conference. The theme for this year’s conference will focus on regulatory topics.

We invite experts in veterinary medicine, law, and related fields to share their knowledge and insights at this premier event. Join us in making the 2025 conference an extraordinary learning and networking experience.

Submit your proposals and help shape the future of our profession!

Questions: info@avmla.org

November's AVMLA Monthly Members Meeting

Join AVMLA for the Upcoming Member Meeting, November 26, 2024, 8PM, ET

Nov. 26 @8pm ET- Teaching Regulatory/Legal Issues in Vet Med

As veterinary professionals, understanding the regulatory landscape is crucial not only for compliance but also for ensuring the welfare of animals and the safety of public health. We will discuss key topics such as the roles of various regulatory bodies, the importance of maintaining ethical standards, and the implications of legal cases that shape veterinary practices. By integrating real-world scenarios and case studies, we aim to equip current and future veterinarians with the knowledge and skills necessary to navigate the complexities of veterinary law and regulatory issues effectively. This knowledge is vital for fostering responsible practice and protecting the veterinary profession's integrity.

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Panelists:

• Lance Roasa, DVM, JD
• Jim Wilson, DVM, JD
• Robert Simpson, DVM, JD

Don’t miss this chance to learn from these highly experienced professionals in veterinary medicine and law. Their 

combined expertise promises an informative and engaging session for all AVMLA members. 

REGISTER NOW! (This event is only for Tuesday, Nov. 26th, 2024.)

Make plans to join us for engaging discussion on the Monthly Members Meeting! Join us the 4th Tuesday of each month at 8pm ET for discussion with our distinguished speakers, who offer a unique blend of expertise as both veterinarians and attorneys. Mark your calendars and register today to attend. Select the date of the session you are interested in. The program will only be offered in the month advertised.

AVMLA NEWS

Texas- Federal appeals court reverses Texas VCPR ruling

After more than a decade of litigation that has taken many twists and turns, a federal appeals court recently ruled that the clinical advice a veterinarian emailed to pet owners was constitutionally protected speech under the First Amendment.

The case came before the court for the third time, after Dr. Ronald S. Hines again initiated litigation based on changes in U.S. Supreme Court First Amendment precedent relative to professional speech. A three-judge panel of the federal 5th Circuit Court of Appeals explained in its September 26 ruling that, as applied to Dr. Hines, the Texas statute requiring in-person establishment of a veterinarian-client-patient relationship (VCPR) violates the retired veterinarian’s First Amendment rights.

AVMA News

National- Animal health company agrees to $1.1M settlement for lapses in opioid oversight and recordkeeping

Covetrus North America LLC, (Covetrus), reached an $1,125,000 settlement with the US Attorney’s Office to rectify allegations that the company violated the Controlled Substances Act and other related regulation.

According to the release from the United States Drug Enforcement Administration (DEA),1 as part of the settlement, Covetrus admitted that from March 29, 2016 through June 18, 2018, a veterinary office in West Barnstable, Massachusetts, triggered the company’s suspicious order monitoring (SOM) and flagged 35 opioid orders as suspicious. Covetrus then released each of the orders that were flagged and sent them to the veterinary office, but following a request from the DEA, the company provided insufficient documentation to justify the decision to release the orders.

DVM360

National- FDA: Off-label use of aspirin in lactating dairy cattle is prohibited

The FDA recently shared a reminder to veterinarians that using aspirin to treat pyrexia and pain in lactating dairy cattle is prohibited, as there are no aspirin products for use in cattle that are approved by the federal agency. Some dairy farms are using a nonsteroidal anti-inflammatory drug to treat cattle affected by highly pathogenic avian influenza, specifically type A H5N1, according to an American Veterinary Medical Association (AVMA) report that cited communication from the American Association of Bovine Practitioners (AABP) to its members.

DVM360

National- FDA targets Chewy, other animal companies for selling unapproved antibiotics

Major animal product retailer Chewy and eight other companies violated federal law by selling unapproved animal antibiotics, the Food and Drug Administration (FDA) alleged Thursday.

The FDA said the retailers sold unapproved medications containing penicillin and amoxicillin, which could lead to the evolution of drug-resistant “superbugs.” The products in question were targeted at birds and fish, the FDA wrote in a letter to the companies.

MSN.Com

Colorado- Proposition 129 - Colorado voters have approved a new veterinary midlevel practitioner (MLP) position known as a veterinary professional associate (VPA). The unprecedented method for introducing such a change to the veterinary—let alone any health care—profession came via a ballot measure called Proposition 129. It received 52.3% “yes” votes, with 78% of the vote tallied as of November 7, per the Associated Press.

All Pets Deserve Vet Care—supported by the Dumb Friends League (DFL), the American Society for the Prevention of Cruelty to Animals (ASPCA), Animal Welfare Association of Colorado, the Humane Society of the United States, and others—was behind the initiative. The group had gathered enough citizen signatures to put the measure on Colorado’s November 5 general election ballot.

AVMLA Sept and Oct New Cases

By Rob Simpson, DVM, JD

Arsenault v. PENINSULA VETERINARY SERVICES, LLC, ___A.3d___, CA No. S23C-03-001 RHR (Del. Super. Ct. Oct. 16, 2024).

Breach of Contract fails when it relates to a dismissed professional negligence claim.

After failing to provide expert testimony, the court dismissed the two professional negligence claims. The veterinary defendant then filed a summary judgement motion for a breach of contract claim. The court dismissed this claim stating in part that a breach of contract claim cannot arise from a professional negligence claim.

Schriver v. Raptosh, ___Idaho___, No. 49818 (Idaho Oct. 4, 2024).

An unauthorized necropsy may be Intentional Inflection of Emotional Distress

In a decision highlighting the longstanding property valuation of a pet, the court states that emotional damages are not available under a claim of trespass to chattel or conversion claim, but it may be under a theory of intentional infliction of emotional distress, rooted on the “extreme and outrageous nature of the conduct at issue.” A claim arose from the death of a cat that was undergoing cystocentesis. It was presumed that there was a vasovagal response, and the cat died several hours later despite supportive care. Upon necropsy, a blood clot was noted in the abdomen. It was a disputed fact as to whether or not the veterinarian had permission to necropsy the cat.  

Hines v. Pardue, ___F.3d ___, No. 23-40483 (5th Cir. Sept. 26, 2024).

A veterinarian has the right to charge for telehealth and give advice as protected first amendment speech.

A TX veterinarian retired from clinical practice and started an advice website in 2002. He eventually would review records, photos, and bloodwork results and then give advice for a set fee. At no point did he perform a physical exam on any of the animals. In 2013, the TX vet board placed Dr. Hines on probation for 1 year, assessed a fine, and required him to retake the jurisprudence exam for practicing veterinary medicine without establishing a veterinary-client patient relationship, which in TX can only be established via an in-person exam or premises visit. See Hines v. Alldredge (Hines I), 783 F.3d 197 (5th Cir. 2015); Hines v. Quillivan (Hines II), 982 F.3d 266 (5th Cir. 2020). In Hines I, the court ruled that the veterinary board did not violate the First or the Fourteenth Amendments and remanded the case for dismissal. Following a change in the categorization of professional speech in National Institute of Family & Life Advocates v. Becerra (NIFLA), 585 U.S. 755, 766-68 (2018), the court in Hines II remanded the First Amendment claim to the lower court to analyze whether it was the conduct, or the speech being regulated and rejected the Equal Protection claim, which was comparing veterinarians to physicians. After which, the district court granted summary judgement for the State of Texas. Subsequently in an unrelated case, the court reasoned the Hines I reasoning did not survive the NIFLA precedence. See Vizaline, L.L.C. v. Tracy, 949 F.3d 927, 928 n.1 (5th Cir. 2020) (holding that Hines I's “reasoning does not survive NIFLA.”). The Hines II decision was appealed. This court assessed if the restriction on speech passed intermediate scrutiny. They held it did not. The restriction on professional speech was unconstitutional, and a veterinarian may give individually tailored online advise in the manor that Hines did.  

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!