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http://www.itsfortheanimals.com/AVMADFT2.HTM

 

My views of the new America Veterinary Medical Association (AVMA) " Model "

Veterinary Medical Practice Act 'Draft'

 

Dr. Beth Sabin

 

AVMA

 

1931 N Meacham Rd., Suite 100

 

Schaumburg, IL 60173-4360

 

 

 

1-25-03

 

A 'Heads Up' -- Tell the AVMA *You* Are The One To Make the Decision Regarding

Your Companion Animal, Part 1

 

Please take the time to read the new AVMA Draft which will revise the Laws by

which all licensed veterinarians must abide, located at the following url:

 

http://www.avma.org/education/mvpa/default.asp

 

I printed it out and am still contemplating all of the implications and

ramifications. My sense is that regarding some of the proposals, the AVMA is

being pressured to make the Veterinary Practice Act (Law) clearer. This could be

partially due to the " sting " operation by the North Carolina Vet Med Board (see

below) who brought to court a licensed Chiropractor, Certified in Animal

Chiropractic. That case was dismissed by the judge. I understand that that same

Board may attempt another kind of court case - civil charges, or something

similar:

 

 

 

http://www.animalchiropractic.org/update.htm

 

 

 

" We are seeking to protect both the right of the public to free access to

properly trained doctors and the right of properly trained doctors to be

protected from the " weekend chiropractitioners " who would cheapen the quality of

chiropractic care their companions deserve. " Paul D. Rowan

http://www.animalchiropractic.org/galligan/gail_galligan_defense.htm

 

Today, as I read through the 'Draft', I became increasingly concerned about many

issues which will, no doubt, affect all of us, and it may be positively and

negatively. I understand the necessity to prevent the unqualified people from

doing harm to the unsuspecting public's animals. However, in the attempts to

regulate the Veterinary Profession, there are some important issues to consider:

 

1) Our Right and Obligation to Advocate for our Companion Animal must not be

infringed. It should be very clear to everyone that the animal's Guardian/Owner

is the ONLY person with the power and authority to make decisions regarding any

treatment for his or her companion animal. Therefore, the AVMA proposed Law

'Draft' should be **corrected** See pg 3, Section 21, where it states: " The

veterinarian has assumed the responsibility for making clinical judgments

regarding the health of the animals and the need for medical treatment, and the

client has agreed to follow the veterinarian's instructions " . We must respond to

this on behalf of our animals!

 

2) Freedom of Speech - if, in our experience, we have had success with some

treatment we tried for our dog, are we at risk of prosecution (pg 17, Sec.22) if

we 'recommend' it to others? (pg 3, item 18, a, iv). And this could be via

Internet Discussion Lists, Web Pages, books, even telephone conversations -

according to the proposed AVMA 'Draft' Law, we are in violation via " any method

or mode " ... " includes telephonic and other electronic communications for the

rendering of advice or recommendation for the treatment,... relief, or

prevention of animal disease. " (pg 5).

 

3) Invasion of Privacy, Divulging Confidential Information - (pg 16). This

proposed law would allow anyone's animals' medical records to be sent to others

*without* the guardian/owner's consent and therefore, without one's knowledge.

Why? In what specific cases would this happen?

 

4) Unfair Restriction of Access to Qualified and Properly Trained Doctors. For

example, our access to licensed doctors will be severely restricted as in the

case of having our animals treated with chiropractic. There is no vet Certified

in Chiropractic in my locale.

 

Because Veterinary Medicine is an Art as well as a Science, it is not stagnant.

We learn of new technology and research regularly, along with healing modalities

previously unknown. However, in some cases, the information has been around for

a very long time. For instance, the famous Herbalist, Juliette di Bairacli Levy

is not a vet but has more than 40 years of experience in herbal therapy for

animals. Would she, at the ripe old age of 90, be arrested and sent to jail for

" Practicing Vet Medicine without a License " because she recommended one of her

excellent natural herbal treatments, such as feeding some shredded raw carrot to

increase milk production for the dam?

 

On the other hand, I am concerned with the many people who are actively selling

products and giving out advice who may not be as knowledgeable or as truthful as

they should be. In May, 2002, some people were sued selling pet supplements via

the internet for " numerous false and misleading assertions and claims " .

 

To follow is an except from:

Miller Files Pet Medicine Lawsuit

Suit alleges that western Iowa company makes false claims and uses unapproved

ingredients in Internet sales of pet medicines and supplements.

http://www.iowaattorneygeneral.org/latest_news/releases/may_2002/Pet_Medicine_su\

it.htm

 

" People love their pets, " [Atty. General] Miller said. " I can attest to that,

with our dog, Sam. We also know people can become desperate when their pets are

not doing well or are very sick, and pet owners can be very vulnerable to

misleading claims about so-called medicines or supplements that might help. And

more and more people are turning to the Internet to find cures to their pets'

problems. That's why we have a system of regulation, " he said.

 

" We allege the defendants violated the Consumer Fraud Act by using false

assertions and claims that certainly could mislead pet owners and result in them

spending huge amounts of money. "

 

" The lawsuit says Iowa Dept. of Agriculture inspectors submitted samples of Pet

Medicine Chest products for analysis by the State laboratory. The analyses

revealed inconsistencies between labeling information and the actual quantities

of ingredients, and revealed unapproved feed ingredients both on the labels and

in the samples. In March, the Ag Dept. advised the defendants about the problems

and ordered them to cease any further product sales, but sales continued, the

suit alleges. "

 

So, it does send some chills up my spine to think that " big brother " or Fascist

types are attempting to so severely restrict sharing information.

 

Anyhow, that's just some of what I've thought about that " Draft " for the new

Laws affecting us and our companion animals. Kind of surprised that I haven't

seen much other discussion about it as it does seem to be a really important

proposal. What many folks may not realize is that *our preferences matter* and

we should let the AVMA know exactly what we want to do for our animals.

 

From the AVMA 'Draft' http://www.avma.org/education/mvpa/default.asp

 

" Please note that this is a draft revision only. After the PATF [Practice Act

Task Force] considers all comments received and makes appropriate changes to the

draft MVPA [Model Veterinary Practice Act], the final proposed revised MVPA will

be forwarded to the AVMA Executive Board for consideration. The revised MVPA

will only become a final document after it has been approved by the AVMA

Executive Board. "

 

Please mail written comments to:

 

Dr. Beth Sabin

 

AVMA

 

1931 N Meacham Rd., Suite 100

 

Schaumburg, IL 60173-4360

 

CC (send a copy of ) your note to:

 

healers

 

Comments postmarked by March 15, 2003 will be forwarded to the PATF [Practice

Act Task Force] for its consideration.

 

IMPORTANT -- cc your note to: healers

 

 

 

The Ancient Healing Arts Association (AHAA) is requesting that ALL letters to

the AVMA be copied to them.

 

 

 

The volunteers at the AHAA will collect ALL the letters, print them out, count

the number of letters received by March 15, 2003, and present them in person to

the AVMA.

 

 

 

They don't want to see a single one " get lost in the mail " , this time around.

 

 

 

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

 

 

 

 

 

1-26-03

 

 

 

A 'Heads Up' -- Tell the AVMA *You* Are The One To Make the Decision Regarding

Your Companion Animal, Part 2

 

Please be aware of the seriousness re: AVMA Veterinary Law 'Draft' proposal. It

will likely have *many* ramifications affecting just about everyone who goes to

a vet -- including the vets. I say this because it will no longer be possible to

us to consult with a holistic vet via the telephone or internet --if this

'Draft' is accepted, as is. As I read that 'Draft', it will be illegal for

anyone to even *recommend or offer advice* about *anything* having to do with

animals - *unless* the one who is *asking and receiving* the info is a Licensed

Vet.

 

Am I wrong? Read the proposed Law, and let me know.

http://www.avma.org/education/mvpa/default.asp

 

http://www.avma.org/education/mvpa/mvpa_commentary.pdf

 

I would appear, that if this proposed Law 'Draft' goes through as is, any of us

who suggest helpful treatments which worked for our animal companions -- and all

the lay professionals who do so -- will be *prohibited* from that, *and* dealing

with others' animals. Why? Because, it will be " Practicing Veterinary Medicine

without a License " and therefore, illegal, placing any non-vets subject to

prosecution and fines.

 

Know any professionals who are not vets, but very good in their particular

field? Folks such as:

 

Herbalists, Chiropractors, Homeopaths, Lecturers, Aromatherapists, Holistic Care

Consultants, Flower Essence Therapists, Animal Massage Therapists, Essential Oil

Therapists, Reiki practitioners, Distance Healers, TTouch practitioners, etc, --

anyone who does almost anything with regard to animals in any mode - including

telephone, electronic, etc, -- and is not a Licensed Veterinarian, is off limits

to us --UNLESS we let our concerns be known!

 

IMPORTANT -- cc your note to: healers

 

The Ancient Healing Arts Association (AHAA)is requesting that ALL letters to the

AVMA be copied to them - for some very good reasons.

 

 

 

The volunteers at the AHAA will collect ALL the letters, print them out, count

the number of them received by March 15, 2003, and present them in person to the

AVMA.

 

They don't want to see a single one " get lost in the mail " , this time around.

 

The AVMA:

 

" Please note that this is a draft revision only. After the PATF [Practice Act

Task Force] considers all comments received and makes appropriate changes to the

draft MVPA [Model Veterinary Practice Act], the final proposed revised MVPA will

be forwarded to the AVMA Executive Board for consideration. The revised MVPA

will only become a final document after it has been approved by the AVMA

Executive Board. " --From the AVMA 'Draft'

http://www.avma.org/education/mvpa/default.asp

 

Please mail written comments to:

 

Dr. Beth Sabin

 

AVMA

 

1931 N Meacham Rd., Suite 100

 

Schaumburg, IL 60173-4360

 

CC (send a copy of) your note to:

 

healers

 

Comments postmarked by March 15, 2003 will be forwarded to the PATF [Practice

Act Task Force] for its consideration.

 

 

 

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

 

1-29-03

 

More of my thoughts regarding the proposed changes by the AVMA

 

I agree wholeheartedly with having a properly trained Certified Animal

Chiropractor treat my animals. And, it does seems that a lot of folks aren't

aware of the potential damage an unqualified person could cause, even without

intending to do so. That is why my animals have always been treated with

Chiropractic by properly trained doctors. Two doctors were, in fact,

veterinarians in NJ where I previously lived (and also had 2 horses), and two

Licensed Chiropractors Certified by the American Chiropractic Veterinary Assoc.

I'm in the mountains of Western NC, and there's no veterinarians within a

reasonable driving distance who are Certified in Animal Chiropractic -- just the

one excellent Chiropractor who is Certified in Animal Chiropractic -- but he's

not a vet, and he and I have some very serious concerns about how the new AVMA

'Draft' will arbitrarily restrict his ability to treat his patients.

 

I say this because I have thoroughly read that 'Draft'. The " Preamble " alone

confirms this. I verified this information with my own State Veterinary Board

and with other professionals. The AVMA " Model " Vet Med Practice Act serves as a

Guide for all of the States in our Nation in drafting statues, (State Laws) each

State Legislature to enact. It's my understanding that licensed veterinarians

are supposed to be members of their Professional Organization, the AVMA, and as

Members, abide by the AVMA rules.

 

The AVMA 'Draft' provides what the AVMA thinks is appropriate for State Vet

Medicine Boards, whose members are appointed by the State's Governor, to include

in their Laws. The AVMA is asking for comments, but there are problems with

that as detailed in the message above.

 

In order for veterinarians to be licensed and have the " privilege " to practice

Vet Medicine, they must pass the State Board Exam of the State in which the vet

intends to practice. Of course there's all sorts of other regulations and

changes proposed to the State Boards in the AVMA 'Draft', PLUS new proposals --

see my notes above. As the AVMA " Draft' reads, it gives me great cause for

concern -- as it should everyone who has or treats animals. If you don't

believe me, I URGE you to read the AVMA 'Draft' thoroughly and tell me where I'm

wrong.

 

You may be wondering why the AVMA 'Draft' has been presented and I offered a

couple of thoughts about this were mentioned in my previous post. Well A LOT

more is at issue. What came to mind was one particular problem that does need

to be addressed: poorly written State Laws, and the NC Chiropractor case

mentioned previously highlights that point.

 

Another pressing issue associated with the AVMA proposing this new 'Draft' is to

protect the public by eliminating the growing number of lay people who aren't

veterinarians and who will, by their new definitions be " Practicing Vet Medicine

without a License " . Now, these may or may not be properly trained and qualified

people. But, because, as the 'Draft' specifies, when there are symbols after

their names, they give the public the impression that they are 'experts'. These

'experts' are doing all sorts of things involving animals. Some are very good

and some may not be.

 

As far as I know, it was always considered permissible, and people appreciated

the sharing of helpful information concerning our companion animals. But, all

that will change with the new AVMA 'Draft'. I always suggest that folks consult

with their vets whenever they're dealing with a companion animal's health issue

and often that they seek one who is holistic, knowledgeable about nutrition..

Problem is that most vets haven't been taught about the advances in nutrition

and other Complementary Veterinary treatment modalities. Vet Schools are making

some beginnings, but meanwhile, there's not enough vets who are knowledgeable in

fields such as nutrition. Some people feel that there's a 'conflict of

interest' because of the commercial feed industry's undue influence in the vet's

schooling regarding nutrition.

 

So, we are all attempting to deal with a 'gap' of sorts:

 

 

The practicing vets need the information in order to treat their patients, and

the new AVMA 'Draft' in addressing this, states that the vets can consult with

others who are more knowledgeable. However the 'Draft' stipulates that it is

ONLY the vet who will be able to do this. Changes proposed makes it illegal for

folks to consult with anyone or get treatment for my animals who is not a

veterinarian.

 

 

Furthermore knowledgeable vets will be prohibited from consulting with average

folks which means that we will not be able to consult via telephone, email, or

any other method with a veterinarian unless that vet is doing in-person exams on

our animals, on a time frame of every 6 months or a year.

 

 

Here is the dilemma, as I see it:

 

1) I absolutely want the freedom to choose the doctor or Complementary

Practitioner to consult with and /or treat my animals without restriction. I

want this for myself, too. Because of my intensive independent study of more

natural options in caring for my animals, and extensive experience in dealing

with veterinarians over a period of more than 25 years, I am able to come to my

own conclusions about who I feel is competent to treat my animals.

 

2) I also recognize that there are unethical people representing themselves as

'experts' who may be exploiting this present 'gap' for their own interests or

financial gain.

 

There may or may not always be a problem when someone represents themselves as

an 'expert' and recommends supplements, and it just so happens that 'expert' is

selling these products. Certainly, many good companies with great products are

in the marketplace. However, I am aware that bad advice has been given out by

an 'expert' selling supplements for dogs. I believe it is a big problem when an

'expert' refuses to allow correct information for folks to have..

 

What should be of particular concern for everyone is when folks are specifically

dealing with very sick dogs, such as those with cancer and kidney disease.

Those people are very vulnerable and may feel desperate to buy anything that

might help their beloved dogs get better. Many animal lovers feel that their

companion animals are family members, and want to do everything possible, so

unfortunately, they could be targets for unethical people to exploit.

 

At present the States' Laws regarding Practicing Vet Medicine are too broad and

ambiguous. In my State of NC, the Judge who dismissed the case of the

Chiropractor who is Certified in Animal Chiropractic, said that our Laws were so

loosely worded, that practically anyone doing anything to an animal could be

accused of " Practicing Vet Medicine without a License " --- including the Priests

who perform " Blessing of The Animals " !

 

There are some additional serious ramifications to this AVMA 'Draft' which will

affect all of us who have companion animals, veterinarians, along with the many

professional lay people providing needed animal care. One is the legal

ramifications which vets could face and others have address those elsewhere far

more succinctly than I could.

 

 

 

 

ã Copyright 1995-2003 Helen L. McKinnon

 

 

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