Veterinarian Issues

Summary: Subsection 11 of the Rules of Professional Conduct for veterinarians provides that a licensee shall not reveal confidential, proprietary or privileged facts or data or any other sensitive information contained in a patient's medical records without the prior consent of the client except as otherwise authorized or required by law, regulation, or other order. The subsection specifically states that "[w]hen these situations [of abuse and neglect] cannot be resolved through education, the board considers it the responsibility of the veterinarian to report such cases to the appropriate authorities." Thus, the rule seems to create an ethical responsibility that mandates the reporting of abuse or neglect by veterinarians.

Summary: This Ohio statute specifies the emergency treatment that a medical technician or first responder could provide, prior to a dog or cat being transferred to a veterinarian for further treatment. The statute also highlights the immunities that medical responders, directors, and emergency medical service organizations have under the statute, unless they engage in an act or omission while providing medical services to a dog or cat, that constitutes willful or wanton misconduct. The statute also makes clear that a veterinarian who acts in good faith is not liable for any act or omission that occurred prior to the veterinarian providing services to the cat or dog.

Summary: This Oklahoma statute provides the requirements for obtaining a lien when employed in the feeding, grazing, or herding of any domestic animals within the state. The statute also describes both lawful and unlawful ways to use the lien once it is obtained.

Summary: Under Maryland law, any person who owns or operates a livery stable or other establishment who gives care or custody to livestock will have a lien on the livestock for any reasonable charge relating to: board and custody, training, veterinarian and blacksmith service, and other maintenance expenses. If the lien is not paid within 30 days after payment is due, the owner of the livery stable is entitled to sell the livestock.

Summary: This statute deals with the sale of unclaimed animals after an animal is left with a licensed veterinarian after providing care to the animal. Under the statute, the veterinarian is able to sell the animal for reasonable value if the animal is left unclaimed for ten days or more. Once the veterinarian determines that he or she will be selling the animal, he or she must provide notice to the owner prior to the sale.

Summary: This Nevada law provides that if a "natural person" intentionally, willfully, recklessly or negligently injures or kills the pet of another natural person, the person is liable for (a) the cost of veterinary care incurred because of the injury or death of the pet; (b) any reduction in market value of the pet caused by the injury; (c) the market value and reasonable burial expenses if the pet is killed; and (d) reasonable attorney's fees and costs incurred in bringing an action under this section. All the damages must not exceed $5,000 per pet. There are several exceptions under the law. A pet is defined as any domesticated dog or cat normally maintained in or near the household of its owner.

Summary: This Michigan law states that when a person delivers any horse, mule, neat cattle, sheep, or swine to be kept or cared for to another person, that person shall have a lien thereon for the keeping and care of such animals, and may retain possession of the same until such charges are paid.

Summary: This West Virginia law (as it relates to animals) states the a person who keeps a livery stable, or boarding stable for animals, or one who boards, pastures, feeds or trains animals for hire, has a lien upon such animals for the sum due him for the care, boarding, pasturage, feeding, or training of such animals, or the care, keeping of such animals. This lien exists even though such animals are permitted to be taken out of the possession of the one claiming such lien even if the contract has not yet terminated for the lien. The purchaser of such an animal, while out of the possession of the person claiming the lien, can take the property free of the lien unless he or she had actual notice of the lien at the time of purchase.

Summary: This comparative table explores veterinary and possessory lien laws. A lien is a right in property to secure payment on a debt. Since animals are considered the personal property of their owners, they can be the subject of liens. Many states have laws on liens for animal care. These range from boarding liens to veterinary liens.

Summary: This Maine law provides that a person who pastures, feeds, or shelters animals by contract or consent of the owner has a lien for the amount due. The lien may be enforced in the same manner as liens on goods in possession.