MVMA's Government Relations Program / Legislative Committee

Massachusetts Veterinary Medical Association maintains a governmental relations program that allows us to stay informed of, and take action on, issues of concern to veterinarians by advocating in the Commonwealth's legislature, Governor's office, and regulatory agencies.

Current Legislative Initiatives and Bills of Interest

Please let your legislators know that you are in favor of these bills.

Dangerous Animal/Dog Legislation, MVMA's position statement

Domestic Violence

In households where violence is a threat to people, animals are often caught in the crossfire.  Pet abuse is a widespread problem – according to the Humane Society, 85% of women seeking shelter indicated that their spouse had abused a family pet.   Animals ought to be protected for their own sake – studies have shown that pets are an important part of the family and contribute to good health and happiness.  It is unfair for them to become pawns in tense situations.  

Violence against animals may be used to demonstrate power and control or to silence and coerce a victim.  Pet abuse can trigger pain and guilt in people who have already suffered a lot, for poor treatment of pets does not resonate with those who love them.  The Humane Society reports that up to 48% of victims remain in an abusive situation because they fear for the well-being of their pets.  Protecting animals will encourage abuse victims to protect themselves.

So far, twelve states – California, Connecticut, Colorado, Hawaii, Illinois, Louisiana, Maine, Nevada, New York, Tennessee, Vermont and Washington – have passed laws protecting pets in situations of domestic violence.  Legislators in a number of other states, including Texas, Maryland, New Mexico, Iowa, Minnesota, Ohio, Arizona and Georgia, are considering the issue.

SB 1654          An Act relative to punishment for the crime of domestic violence

This bill would make domestic violence charges ineligible for discharge upon acknowledgement of satisfaction for injury.

SB 1710          An Act to protect animals

This bill would require judges take into account the imminent threat of bodily injury to domesticated animals in domestic violence cases where an outstanding warrant exists against the defendant.  If such a threat is determined, the judge shall notify the appropriate officials to take immediate action to execute the warrant.

HB 1319          An Act to protect animals in domestic violence cases.

This bill would amend chapter 209A to allow court orders to protect animals from various forms of harm or disposal.  Would offer assistance in locating shelter for animals and expand service dog training at MCI Framingham to accommodate dogs who need foster care placement.  This bill provides for compensation for veterinarian services in accordance with the chapter’s existing provisions.

HB 1484         An Act to provide certain information to victims of domestic violence
This bill would require officers in domestic violence cases to provide victims with a pamphlet detailing shelters in the area; domestic violence counseling services; drug and alcohol counseling services; domestic violence hotlines and/or legal services; and an explanation of 209A restraining order and of victim compensation.

HB 1499          An Act to include animals in abuse prevention orders 
This bill provides for judicial consideration of a domestic animal and would allow the court to order a defendant to refrain from various harmful behaviors toward an animal.

On March 17, 2010, the MVMA adopted a position statement regarding Equine Denistry.

Identity Theft: FTC's "Red Flags Rule" Summary
USDA Veterinary Accreditation Information
More Issues of Interest
Veterinary Technician Workforce Survey Results

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See below for information about veterinary technicians and other MVMA interests. We will soon post information about legislation currently pending at the State House. If you want to be involved in analyzing legislation, testifying, or other legislative activities, contact Legislative Committee Chair Dr. Julie Haller.

The MVMA Legislative Committee works closely with our lobbying firm to cultivate higher visibility on Beacon Hill for MVMA and the veterinarians we represent, and to establish MVMA as the key source for information about the health and well-being of animals. We also designate a liaison to the MA Board of Registration in Veterinary Medicine.

In addition, MVMA helps to shape policies in organized veterinary medicine through our participation in the AVMA House of Delegates, and MVMA supports the AVMA Governmental Relations Division through communications with our Senators and Congressional Representatives.

Members are invited and encouraged to participate in our governmental relations program. We offer several ways to participate, depending on your particular interests and the time you'd like to spend pursuing them.

Among the opportunities for members:

• joining the Legislative Committee
• helping to prepare background information on issues
• working with another committee, such as the Animal Welfare Committee or Veterinary Technician Committee, to develop position papers on matters of concern
• testifying as an MVMA representative at legislative and other public hearings
• contacting your elected representatives to inform them of your concerns and offer your veterinary expertise on MVMA's issues
• cultivating relationships with elected officials and candidates through visits to their offices, volunteering for campaigns, and making contributions
• informing MVMA of concerns and ideas that might be pursued.

Dr. Julie Haller chairs the MVMA Legislative Committee. Please contact her or the MVMA office if you would like to learn more about our governmental relations program.

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Massachusetts Independent Contractor/Misclassification Law

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On March 17, 2010, the MVMA adoped a position statement regarding Equine Denistry.

"The practice of equine dentistry is an integral branch of equine veterinary medicine.  This discipline encompasses all aspects of diagnosis, treatment, and prophylaxis of any and all equine dental conditions and diseases that affect the oral cavity, mandible and maxilla, teeth and associated structures.  As such, it falls within the purview of veterinary medicine.

Any surgical procedure of the head or oral cavity; the administration or prescription of sedatives, tranquilizers, analgesics or anesthetics; procedures which are invasive of the tissues to the oral cavity including, but not limited to, removal of sharp enamel projections, treatment of malocclusions of premolars, molars, and incisors, reshaping of canine teeth, the extraction of first premolars and deciduous premolars and incisors; treatment, extraction of damaged or diseased teeth; treatment of diseased teeth via restorations and endodontic procedures; periodontal treatment; and dental radiography are veterinary medical procedures and should be performed by a licensed veterinarian."

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Identity Theft: FTC's "Red Flags Rule" Summary

Update June 3, 2010 (courtesy of the AVMA):  "The FTC has again extended the deadline for enforcement of the "Red Flags" rule. On May 28, the FTC announced that it will delay enforcement until December 31, 2010."

To view the entire notice from the AVMA website, click here.

The FTC website also has information available online at www.ftc.gov/redflagsrule.

The MVMA has copies of the FTC's "Fighting Fraud with the Red Flags Rule:  A How-To Guide for Business" available upon request.  Please contact us at 508-460-9333 or email Dina Tedeschi at dina@massvet.org for a copy to be mailed to you.  We will have copies available at our information table at our upcoming continuing education conferences.

Established in 1921, the National Veterinary Accreditation Program (NVAP) is designed to allow private practice veterinarians to assist federal veterinarians in controlling animal diseases. According to the USDA-APHIS, the revisions will "strengthen animal health safeguarding activities and increase the training and skills of accredited veterinarians in disease prevention and preparedness for animal health emergencies."

The revised program takes effect February 1, 2010.

The changes include the following:

• Two species-based accreditation categories instead of one
• Requirements for supplemental online training
• Renewal of accreditation every three (3) years
• Veterinarians accredited before February 1, 2010 must apply to continue their accreditation in the NVAP

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Definitions
* Licenses
* Temporary Permits
* Practice
* Disciplinary Proceedings
* Professional Conduct
* Supervising Technicians
* Continuing Education
* LLCs and LLPs
* Guidelines for Complimentary and Alternative Veterinary Medicine

Read the USDA-APHIS press release

National Veterinary Accreditation Program

Read the final rule as published in the Federal Register (December 9, 2009)"

MVMA has also taken an active interest in regulatory impacts on veterinarians. Our Regulations Task Force will be providing information about and links to agencies whose regulations affect veterinarians, along with information to help understand the rights and responsibilities under the regulatory scheme. Interested? Contact Task Force Chair Bob Shurtleff.

Re Technicians MVMA Survey Results: MA Veterinary Technician Workforce Highlights of Survey on Massachusetts Practice and Technicians   Toward the end of 2008, MVMA surveyed Massachusetts veterinarians and technicians in order to understand the Massachusetts technician workforce and issues related to the legal status of technicians. A total of 422 licensed Massachusetts veterinarians and 515 technicians completed surveys, with a large majority from small animal practices, making the results highly statistically significant. (The Powerpoint slides depicting the results are here: associations/765/files/MVMA_slides-022409.ppt).   NOTE: Here, “technician” refers to people who perform technical veterinary tasks, while “certified” specifies MVTA-certified technicians. Of technician respondents, 34% were MVTA-certified. About 60% of currently certified technicians have earned degrees in Veterinary Technology, and about 20% of uncertified technicians have similar degrees: thus, about 33% of technician respondents have formal degrees, while the remainder of technician respondents have learned on the job.   ·                    veterinarians stay in the field of veterinary medicine much longer than their technician counterparts, almost twice as long on average ·                    there is little distinction made in Massachusetts veterinary workplaces between the jobs assigned to certified versus uncertified technicians ·                    54% of veterinarians, 75% of certified technicians, and 70% of uncertified technicians say they understand the difference between the terms “licensure,” “registration,” and “certification” of technicians ·                    23% of veterinarians, 45% of certified technicians, and 20% of uncertified technicians said they are confident that they know the current laws and regulations governing technicians in Massachusetts ·                    when asked whether legislation or Board regulation would be the preferred way of establishing what duties technicians could legally perform in Massachusetts, veterinarians overwhelmingly prefer Board regulation (70% prefer regulation, 2% prefer legislation, and 28% are unsure); while for certified technicians, 49% prefer regulation, 21% prefer legislation, and 30% are unsure; and among uncertified technicians, 43% prefer regulation, 7% prefer legislation, and 51% are unsure ·                    when asked about the possible effects of technician licensure, veterinarians and non-certified technicians strongly tend to expect negative consequences of licensure (worsening technician shortages, veterinarians doing more technical work, and negative impacts on patient care, client service, and workplace finances), and while certified technicians are somewhat more positive, they still largely anticipate workforce shortages, with mixed expectations for patient care, client service, and workplace finances. ·                    44% of veterinarians say they are understaffed, and 34% of veterinarians who attempted to hire a technician last year were unable to hire a qualified person ·                    veterinarians wanting to hire a technician said that the most essential qualification in an applicant was “work experience” (66%), followed by “other” (21%: “other” was most often “work ethic” or “team spirit” and the like). Only 7% said that educational attainment was the most important qualification in an applicant, and “credentials” was most important to another 7%. The MVMA Veterinary Technician Committee welcomes any comments or questions related to the survey results: please contact committee chair Dr. Laurie Klein at vettechchair@massvet.org. The committee and MVMA plan to use these results to evaluate proposals for technician licensure and regulation: our overall goals are to improve the knowledge, skills, professional satisfaction, and professional longevity of veterinary technicians, to the benefit of veterinary practice and the animals receiving care. Click for the MA regulations regarding veterinary technicians.

(from Attorney General's website)

The need for proper classification of individuals in the workplace remains of paramount importance to the Commonwealth.  Misclassification deprives individuals of the many benefits, both public and private, that employees enjoy.  The Commonwealth is also harmed by misclassification in the form of lost revenue and increased costs.  Furthermore, misclassification undermines fair market competition and negatively impacts the business environment in the Commonwealth.

Veterinary Facility Inspections Quick Links to Board of Registration Regulations:

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More Issues of Interest:

• Animal Cruelty and Protection
• Animal Health and Disease Management
• Veterinary Practice
• Funding Veterinary Education
• Public Health
• Environmental Protection Regulations
• Emergency & Disaster Preparedness & Response
• Liability and Damages
• Small Business Regulation and Taxation
• Health Care Reform

As a means of protecting the public and consumers, the MA Board of Registration has been in the process of inspecting veterinary practices across the Commonwealth. The Board's investigators can look at everything but will most definitely check for:

• Sanitary conditions
• Secure animal housing and secure facilities exits
• Proper storage and security of controlled substances
• Proper disposal of expired drugs
• Proper disposal of syringes and other biomedical waste
• Proper surgical operating equipment, supplies, and sterilized instruments
• Proper ventilation, temperature control, and animal disposal

Here are links to the relevant legal resources:

• Board of Registration in Veterinary Medicine regulations, 256 CMR 2.01 et seq.
• Board of Registration in Veterinary Medicine licensing provisions, MGL c. 112, ss. 54 et seq.
• Board of Registration in Veterinary Medicine policies

After conducting a public comment period, the Attorney General's Office has released an Advisory on the Massachusetts Independent Contractor/Misclassification Law (M.G.L. c. 149, s. 148B).  The Advisory articulates the purposes of the law and provides guidance on the three prong test and other areas of the Law.  In addition, the Advisory includes Enforcement Guidelines describing the areas of concern and factors which may be used by the Attorney General's Office in making a determination about enforcement. 

To view the Advisory:

• "An Advisory from the Attorney General’s Fair Labor Division on M.G.L. c. 149, s. 148B," 2008/1 (PDF)
• "An Advisory from the Attorney General’s Fair Labor Division on M.G.L. c. 149, s. 148B," 2008/1 (RTF)