Legal Aspects of Veterinary Practice Flashcards
Veterinary Practice Acts
The set of laws that govern veterinary medicine in a particular state is called the state’s veterinary practice act. Each state has its own set of regulations designed to enforce its veterinary practice act. State legislators write these regulations based on the recommendations of a veterinary medical board, a group of veterinarians appointed by the governor to oversee a state’s veterinary medicine. Each state’s veterinary medical board holds hearings to air complaints about veterinary professionals in its state.
International Council for Veterinary Assessment—formerly the National Board of Veterinary Medical Examiners
oversees the national licensing exams for veterinarians and licensed or registered veterinary technicians.
The Committee on Veterinary Technician Education and Activities (CVTEA), an AVMA committee,
accredits veterinary technology programs.
The Drug Enforcement Administration (DEA), a division of the US Department of Justice,
The DEA is charged with enforcing the Controlled Substances Act.
The Controlled Substances Act is a federal law that controls the manufacture, purchase, and distribution of certain medications.
The Controlled Substances Act requirements can be summarized as follows:
- Veterinarians must obtain a license to purchase, use, or dispense controlled substances.
- Controlled substances must be kept in a double-locked area.
- Any controlled substance used or dispensed must be logged.
- Written records must be kept for five years.
- Inventory must be taken every two years.
US Department of Labor
The US Department of Labor governs issues that affect workers on the job. The Department of Labor requires that each employer register and obtain an Employer Identification Number. A Department of Labor agency is charged with enforcing the standards known as the Occupational Safety and Health Regulations.
Occupational Safety and Health Administration (OSHA)
The Occupational Safety and Health Administration (OSHA) is a division of the US Department of Labor. OSHA’s charge is to enforce laws protecting workers from workplace hazards. Federal OSHA regulations allow states to adopt their own regulations. Some of the state OSHA regulations are identical to the federal ones.
OSHA’s requirements can be summarized as follows:
- Display job safety and health protection posters
- Record occupational injuries and illnesses
- Display warning and identification signs
- Provide written plans for job safety and health
- Train employees in proper procedures
- Provide protective equipment for employees
US Department of Health and Human Services
Several branches of the US Department of Health and Human Services govern various aspects of animal health. The Public Health Service (PHS) and the National Institutes of Health (NIH) oversee regulations that pertain to the care and use of animals in biomedical research. The Food and Drug Administration is concerned with regulations that assure safe and effective food and drugs.
Food and Drug Administration (FDA)
The Food, Drug, and Cosmetic Act is the primary law that the FDA exists to enforce. The Center for Veterinary Medicine (CVM) is the FDA branch that monitors the animal health industry, administering the sections of the Food, Drug, and Cosmetic Act that pertain to animals.
US Department of Agriculture (USDA)
The Animal and Plant Health Inspection Service (APHIS), a division of the US Department of Agriculture, is charged with enforcing the Animal Welfare Act. USDA departments also oversee import and export of animals and develop programs to control disease in food animals. Another USDA agency, the Food Safety Inspection Service (FSIS), is charged with ensuring that meat and poultry products are safe and correctly labeled.
Veterinarians are required to obtain and maintain USDA accreditation in order to legally write health certificates for animals traveling across state and international borders.
Animal Welfare Act
The Animal Welfare Act is a group of federal laws designed to ensure that laboratory animals receive the best possible care. A laboratory animal is an animal kept in a research facility, zoo, or educational institution. The laws also apply to breeders who supply animals for research or education. The laws set standards for the care of all warm-blooded animals except rats and mice. These standards address all aspects of an animal’s daily care and environmental conditions. The Animal Welfare Act specifies that a laboratory animal’s environment must be kept clean, at a comfortable temperature and humidity level, and free of sharp objects that could injure the animal.
Laboratory animal technicians and their assistants are often responsible for ensuring that the facility complies with all regulations.
Environmental Protection Agency (EPA)
The Environmental Protection Agency (EPA) is a federal government agency. Several EPA divisions have regulations that apply to veterinary practice. EPA-enforced regulations primarily aim to reduce environmental pesticide contamination. Veterinary practices that offer certain grooming services usually must comply with EPA regulations. The EPA also administers an act called the Federal Insecticide, Fungicide, and Rodenticide Act, but veterinary practices are exempt from most of its regulations.
State Departments of Health
Most state departments of health require a veterinary practice to register its X-ray machines. These regulations apply to stationary, portable, and dental X-ray machines. Health regulations usually require a veterinary practice to inspect and calibrate its equipment periodically.
HENRY BERGH (1811–1888)
In 1866, Bergh obtained a New York State charter for the first animal welfare organization in the United States. It was named the American Society for the Prevention of Cruelty to Animals (ASPCA). He was also responsible for the New York legislature’s approving the Animal Welfare Act of 1866. Although Bergh was unable to transform the ASPCA into a national organization, his work spurred the efforts of others. By the time of his death in March 1888, there were 33 animal welfare agencies in the United States, and his own ASPCA had 15 state branches.
Additional State and Local Regulations
Most state and local governments have specific requirements for business licenses. People seeking to operate a business must usually obtain a general business license from the county clerk’s office. State laws usually also require the veterinary practice to obtain a permit from the Department of Business and Professional Regulation.
The Humane Society of the United States
an organization that supports animal welfare legislation. They work around the country to promote animal rights and advise on animal cruelty laws.
