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POINTS TO COVER WITH LEGISLATIVE AIDE The California Veterinary Medical Board (Board) has already banned independent non-vet dental technicians, chiropractors, and acupuncturists from working on animals. Now the Board wants to further limit our choice of animal services to only those provided by licensed veterinarians or their staff. In 2016, the Board will be coming out with proposed regulations that will limit our freedom to choose the care we want for our animals. This new set of rules will ban non-vet provided acupressure, massage, swim therapy and laser therapy. Future changes could ban low cost vaccination clinics, nutritional advice given by a pet store or supplement supplier, and virtually any kind of animal care activity for companion, farm, and rescue animals, including care that groomers, trainers, pet sitters, farriers, and ranch hands provide. Even vet referrals to a non-veterinarian will be a violation. The Board claims that the State has to protect our animals from our poor decisions. We disagree. Problems with current and proposed Regulations Here are some of the major failings of the approach the Board is taking with regard to regulations: Animal owners would ultimately be denied their current freedoms and rights. The result of a widespread ban on non-vet services will be so costly that people will not seek help for their animals The regulations will effectively ban alternative, complementary, and integrative wellness methods now available for animals in California, including animal care services that are critical to low income people, domestic and wild animal rescue groups, and large animal owners – things like low cost vaccine clinics, hoof trimmers, groomers, etc Millions of animals in California will suffer or have to be euthanized if these regulations are implemented. This level of regulation is more restrictive than what is in place for people (The human bill that protects right of choice for people is SB 577. ) Most veterinarians do not have the time, the interest, or the expertise to oversee alternative and complementary modalities. The proposed regulations favor licensed Physical Therapists and Registered Veterinary Technicians to the exclusion of all other animal wellness practitioners. The regulations will put millions of California small business at risk and have the potential to be a disaster for the California economy. Under current and proposed regulations, a veterinarian could legally advertise and practice massage, acupuncture, and other technical procedures without ever taking a single class. No Vote Required to Pass these Regulations Neither a vote of the public nor legislative oversight is required for the passage of these regulations. The public has no way to veto this. Legal Ramifications The proposed regulations may prove to violate federal anti-monopoly laws, and unfair competition and unfair trade laws. In a recent Supreme Court ruling (Feb 2014) the issue of impartiality of Professional Boards was called into question. An article on the ruling explains that the issue of the need for more active supervision of public boards is unresolved now throughout the United States. The ruling also raised the question of the need for greater representation of the public and the consumer on these boards. The passage of the proposed regulations in California could constitute a restraint of trade and violation of anti-trust laws. If the regulations are passed in a form similar to the regulations proposed in Sept 2015 *(and now tabled for a rewrite), then California animal owners and non-veterinarian animal care practitioners will be forced to take legal action. CALIFORNIA ANIMAL OWNERS Need the Equivalent of SB577 Who Should Support Such a Bill? Even under current regulations the Board could go after animal care providers. With further restrictive regulations, all animal care could become subject to fines and sanctions. Companion animal owners (dogs/cats/horses) should support this bill: The Arizona Veterinary Medical Board passed a regulation forbidding vaccinating animals without a full physical exam, which eliminated low-cost vaccination clinics. This could easily happen in California. The Board has made it illegal for acupuncturist, chiropractors and lay equine dentists to work on animals unless they have a veterinarian looking over their shoulders. The Board has proposed the same restrictions for physical therapy, massage and swim therapy---that these services will not be legal by anyone who is not a veterinarian, a registered veterinary technician, or physical therapist under the direct supervision of a veterinarian on the premises. The Board has proposed that a Veterinary Premise Permit be required anywhere these services are provided for animals. They can easily extend restrictions over holistic medicine like use of herbs, crystals, essential oils, and other healing arts. The Board can set restrictions against corrective shoeing and treatment of hoof conditions by farriers without first having a veterinarian examine , diagnose and define a treatment plan and the Board could require that owners pay to have a veterinarian present during all hoof trimming procedures. Ranchers and farmers should support this bill: It is technically illegal now for anyone other than an owner or an employee on the payroll to castrate, dock tail, treat wounds, float teeth or perform artificial insemination if they are not a licensed veterinarian. With a tightening of regulations and increased enforcement, it is likely that ranchers and farmers cannot have neighbors or independent lay professionals or even veterinary technicians help them with their animals. Pet store owners and animal supplement companies should support this bill: It it technically illegal to give advice to owners about their animals’ conditions and appropriate products that impact animal health if they do not have a veterinarian on staff. Pet groomers should support this bill: The Board has already made it illegal to scrape tartar off teeth unless you have a veterinarian on your premises. It is technically illegal to give advice about skin conditions and what products to use on your clients’ pets or use products to heal those skin conditions without a veterinarian’s exam, diagnosis and instructions. Rescue operations should support this bill: Rescue Operations relay on low-cost lay practitioners to evaluate and care for animals because veterinary care is cost prohibitive.