Animal Cruelty Reporting Regulations Took Effect December 31
A Message from Board President Dr. David Handel
(Jan. 4, 2019) - Regulations related to animal cruelty reporting for veterinarians took effect December 31, 2018. Read the regulations. The original law - PDF that took effect October 1, 2017 requires veterinarians to make a report to law enforcement when they have reason to believe that an animal they are treating has been subjected to cruelty or animal fighting. These regulations offer guidance on the reporting requirement and confidentiality procedures for reports.
This law and these regulations have caused a great deal of angst in the veterinary community. I want to assure you that the law and these regulations are not intended to be "gotcha" regulations. Instead, these requirements are designed only to protect animals who we, as veterinarians, have reason to believe are in an abusive situation. I firmly believe that the vast majority of practitioners would not hesitate to report someone we believed was being intentionally cruel to an animal. These regulations are designed to give some guidance on how to both go about reporting and protecting yourself and your practice.
We understand that veterinarians aren’t always trained to recognize cruelty. We know a broken leg when we see it, but we don’t always know if the injury was inflicted intentionally or not. The Board encourages you to obtain additional training in the recognition of animal cruelty if you do not feel adequately versed in it.
Animal Control officials are the experts at investigating and prosecuting animal cruelty cases. The Board’s website has a list of Animal Control officials in each county who you can call for advice if you are faced with a client whose actions you are unsure about. These are the same people you can call to make an official report. You are not required to investigate and make a determination yourself if you suspect cruelty, just make the call.
The definition of animal cruelty in these regulations is the same as the definition used in the criminal code. That definition includes (but is not limited to) “Inflicting unnecessary suffering or pain upon an animal, or unnecessarily failing to provide an animal with . . . necessary veterinary care . . .”
Several veterinarians submitted comments during the Public Comment Period, asking for clarification of the meaning of “necessary veterinary care.” After much discussion, the Board has opted to leave the phrase as is and to use its discretion, according to common norms and standards and as applied on a case by case basis, when determining whether necessary care was provided. It is difficult to address every possible instance in which necessary care may or may not have been provided, but the Board believes that “necessary care” is closely related to alleviating a pet’s pain and suffering. While the Board, of course, believes responsible pet ownership includes providing vaccinations and regular check-ups, failing to do so is not considered cruelty on its face.
The Board is always open to hearing your comments and thoughts. You can reach the Board at [email protected] or on Twitter @MdVetBoard.
As 2019 begins, I wish all of you a happy and successful year ahead.