Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Missouri Veterinary Medical Bd. v. Gray | 397 S.W.3d 479 (Mo.App. W.D., 2013) | 2013 WL 600201 (Mo.App. W.D., 2013) |
An unlicensed Missouri equine dentist (Brooke Rene Gray) appeals an order from the circuit court enjoining and prohibiting her from doing business as "B & B Equine Dentistry," where she performed equine tooth floating and other acts. In 2007, the Missouri Veterinary Medical Board informed Ms. Gray that she was violating Missouri law by practicing veterinary medicine without a license. After she did not cease her activities, the Board referred the matter to the Attorney General, who then filed a petition on behalf of the Board to enjoin Ms. Gray's activities. On appeal, Ms. Gray contends that the court order violates the Missouri Constitution, which guarantees all citizens the right to enjoy the "gains of their own industry." The court disagreed, finding that the State has a strong interest in regulating practices that involve public safety as is the case with veterinary medicine. |
Case | |
| VT - Veterinary - CHAPTER 44. Veterinary Medicine. | 26 V.S.A. § 2401 - 2433 | VT ST T. 26 § 2401- 2433 | These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. | Statute | |
| AL - Veterinarian Issues - Professional Rules of Conduct | AL ADC 930-X-1-.10 | Ala. Admin. Code r. 930-X-1-.10 | The following regulations represent the rules for professional conduct expected from Alabama veterinarians, including grounds for disciplinary action. | Administrative | |
| Hines v. Pardue | --- F.Supp.3d -------, 2023 WL 5254673 (S.D. Tex. Aug. 15, 2023) | 2023 WL 5254673 (S.D.Tex., 2023) | Plaintiff and veterinarian Ronald S. Hines brings this action to challenge a Texas law that mandates a veterinarian conduct a physical examination of an animal before practicing veterinary medicine on the grounds that the law violates his First Amendment right to free speech. Plaintiff, who was unable to maintain a veterinary practice in person due to medical issues, began providing veterinary advice to animal owners via a website without first examining their animals. Plaintiff was disciplined by the Texas State Board of Veterinary Medical Examiners for doing this, and was fined $500 and sentenced to a year of probation. Plaintiff then sued the members of the Board on two separate occasions, with the second appeal being remanded by the Fifth Circuit with instructions to determine whether the requirement for a physical examination before issuing veterinary advice regulates speech incidentally to the regulation of non-expressive professional conduct, or is a regulation of non-expressive conduct. Here, the district court first examined multiple instances of plaintiff providing veterinary advice to animal owners via the internet. Next, the court asserts that plaintiff has standing to pursue his claims against the board. Lastly, the court examines plaintiff’s First Amendment argument. Plaintiff argues that his email exchanges with animal owners constitutes speech, and the court agrees that this is speech and that the Examination Requirement regulates this speech. However, the court finds that this regulation of plaintiff’s speech is content neutral, because the requirement for a physical examination of the animals before issuing advice applies neutrally to all forms of veterinary care and veterinary speech regardless of content. Therefore, the court held that defendants may enforce the Examination Requirement without violating plaintiff’s free speech rights. | Case | |
| Ruden v. Hansen | 206 N.W.2d 713 (Iowa 1973) |
This appeal stems from an action against a defendant veterinarian for the alleged negligent vaccination of plaintiff’s pregnant hogs (gilts). The court articulated the standard of care: "As a veterinarian defendant was duty bound to bring to his service the learning, skill and care which characterizes the profession generally. In other words, the care and diligence required was that as a careful and trustworthy veterinarian would be expected to exercise. . . We are convinced the correct standard of the veterinarian's care should be held to that exercised generally under similar circumstances." |
Case | ||
| TX - Lien, veterinary - § 70.010. Liens for Veterinary Care Charges for Large Animals | V. T. C. A., Property Code § 70.010 | TX PROPERTY § 70.010 | This Texas law relates to veterinary liens for large animals, defined as livestock or a cow, horse, mule, ass, sheep, goat, llama, alpaca, farm elk, or hog. The term does not include a common household pet such as a cat or dog. A licensed veterinarian has a lien on a large animal and the proceeds from the disposition of the large animal to secure the cost of veterinary care the veterinarian provided to the large animal. The lien attaches on the 20th day after the veterinarian first provided care to the large animal and attaches regardless of whether the veterinarian retains possession of the animal. | Statute | |
| Coy v. Ohio Veterinary Med. Licensing Bd. | 2005 Ohio App. LEXIS 756 | 2005 Ohio 773 |
A veterinarian's license was revoked by the Ohio Veterinarian Medical Licensing Board and the vet challenged the revocation of his license. The trial court found the vet guilty of gross incompetence and he appealed claiming there was no definition of gross incompetence in the statute. The Court of Appeals affirmed the trial court holding no specific definition was required. |
Case | |
| MS - Dog, police - § 41-59-35. Duration of EMT certificate; transport of injured police dog; | Miss. Code Ann. § 41-59-35 | MS ST § 41-59-35 | This law covers certification of emergency medical technicians. In 2018, the law was amended to allow an EMT, EMT-A, EMR, or Paramedic to transport a police dog injured in the line of duty to a veterinary clinic, hospital emergency department or similar facility if there are no persons requiring medical attention or transport at that time. Under this subsection, “police dog” means a dog owned or used by a law enforcement department or agency in the course of the department or agency's work, including a search and rescue dog, service dog, accelerant detection canine, or other dog that is in use by a county, municipal, or state law enforcement agency. | Statute | |
| CA - Veterinary - Chapter 11. Veterinary Medicine. | West's Ann. Cal. Bus. & Prof. Code § 4800 - 4920_8 | CA BUS & PROF § 4800 - 4920.8 | These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. | Statute | |
| NV - Damages, pet - 41.740. Damages for which person who kills or injures pet | N.R.S. 41.740 | NV ST 41.740 | This Nevada law provides that if a "natural person" intentionally, willfully, recklessly or negligently injures or kills the pet of another natural person, the person is liable for (a) the cost of veterinary care incurred because of the injury or death of the pet; (b) any reduction in market value of the pet caused by the injury; (c) the market value and reasonable burial expenses if the pet is killed; and (d) reasonable attorney's fees and costs incurred in bringing an action under this section. All the damages must not exceed $5,000 per pet. There are several exceptions under the law. A pet is defined as any domesticated dog or cat normally maintained in or near the household of its owner. | Statute |