481666 - Law and Veterinary Medicine Second Hour: Companion...

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Law and Veterinary Medicine Second Hour: Companion Animals, Cruelty Issues December 6, 2006 Paul Waldau, D.Phil., J.D.
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Objectives in Course ± Identify basic legal issues in veterinary medicine . These include issues related to identifiably distinct categories of other animals: (1) wildlife; (2) companion animals; (3) research animals; and (4) farmed or food animals.
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Course Objectives ± Read and understand JAVMA or other profession-based articles that deal with legal issues … ± Identify and explain basic legal issues arising out of today’s veterinary medicine, including issues in veterinary education, the veterinary profession, and public health
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Are companion animals the villain? Market Revolution: Recognizing Animals Intrinsic Values 14th Annual Animal Law Conference http://www.lclark.edu/org/saldf/conference.html
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Continuing political turmoil on companion animals ± Email rec’d 12/5/2006 from HSUS ± Urge the Massachusetts Senate to Crack Down on Animal Fighting ± The Massachusetts House has just passed H. 1765, which contains provisions to crack down on animal fighting!
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Continuing political turmoil ± H. 1765 will prohibit breeding animals for fighting and authorize the seizure of animal fighting paraphernalia and animals used for breeding ± Urgent that the Senate pass this humane legislation immediately
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General profile ± Law on companion animals is well developed ± Reflected in “black letter law”, such as T-Bo Act and the 2002 Illinois Act ± MA Regs 7.01 Code of Professional Conduct— provisions that are, without explicitly saying so, geared toward humans’ relationships with our companion animals ± PVME also reflects this special relationship— e.g., in its provisions regarding VCPRs ± Bottom line this area is the paradigm for animal protection
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Complicating factors ± Prosecution difficulties with ordinary crimes ± Hoarding ± Anti-cruelty issues and legislative developments ± Emotional distress damages—T-Bo Act “guardian” issue
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Specific issues for veterinarians ± Reporting requirements on cruelty—state by state affair ± Effectiveness of cruelty laws (ALDF report) ± Best: Illinois, Maine, Michigan, Oregon, California ± Worst: Hawaii, Idaho, Kentucky, Utah, North Dakota ± Massachusetts listed in “top tier”
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“Guardian” ± Issue: changing “owner” to “guardian” ± AVMA (July 1, 2003) opposes this change ± Reasoning: No evidence ‘guardianship’ enhances relationship between owner and pet ± Note what is emphasized in the discussion: ± “The American Veterinary Medical Association promotes the optimal health and well-being of animals.”
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± The companion animal paradigm is driving this ± “The AVMA recognizes the role of responsible owners in providing for their animals’ care” ± … “such changes in terminology may
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This note was uploaded on 03/03/2012 for the course LAW 218 taught by Professor Waldau during the Fall '06 term at Tufts.

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481666 - Law and Veterinary Medicine Second Hour: Companion...

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