Comments on: California Veterinary Law Review http://www.ojaischoolofmassage.com/2009/09/california-veterinary-law-review/ 619 West El Roblar Drive, Ojai, California 93023 Tel: (805) 640 9798 – Fax: (805) 646 4612 Mon, 24 Oct 2011 23:58:46 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Kathy http://www.ojaischoolofmassage.com/2009/09/california-veterinary-law-review/comment-page-2/#comment-1127 Kathy Mon, 24 Oct 2011 23:58:46 +0000 http://www.ojaischoolofmassage.com/?p=287#comment-1127 What is of most interest in California is that a person does not have to be an MD to practice many forms of alternative medicine on humans (California Health Freedom Act). Why should it be different for animals? That is a question that should be presented to the AVMA. This is about politics not pet safety. What is of most interest in California is that a person does not have to be an MD to practice many forms of alternative medicine on humans (California Health Freedom Act). Why should it be different for animals? That is a question that should be presented to the AVMA. This is about politics not pet safety.

]]> By: admin http://www.ojaischoolofmassage.com/2009/09/california-veterinary-law-review/comment-page-2/#comment-99 admin Tue, 24 Aug 2010 15:05:42 +0000 http://www.ojaischoolofmassage.com/?p=287#comment-99 Hello Brandy. It really depends on who is interpreting the law. Vet's would prefer a narrow reading of the law that only allows vets to treat animals for health issues. This will ultimately be decided in the courts if the Veterinary Board brings any action against a massage therapist who practices on animals. In my opinion a massage therapist would win in court if they challenge the law on Anti-trust grounds, much like how the chiropractors challenged the AMA and won the right to practice and won restraining orders against the AMA. As far as whether you could do massage under the supervision of a vet it is a moot point because no vet will stand over you and supervise your practice. It would be to expensive for the client and there is no provision for anyone other then a vet to do massage on an animal if we interpret the law narrowly. So far I have not know any massage therapist who has been taken to court for massaging animals and making money doing so. Hello Brandy. It really depends on who is interpreting the law. Vet’s would prefer a narrow reading of the law that only allows vets to treat animals for health issues. This will ultimately be decided in the courts if the Veterinary Board brings any action against a massage therapist who practices on animals. In my opinion a massage therapist would win in court if they challenge the law on Anti-trust grounds, much like how the chiropractors challenged the AMA and won the right to practice and won restraining orders against the AMA. As far as whether you could do massage under the supervision of a vet it is a moot point because no vet will stand over you and supervise your practice. It would be to expensive for the client and there is no provision for anyone other then a vet to do massage on an animal if we interpret the law narrowly. So far I have not know any massage therapist who has been taken to court for massaging animals and making money doing so.

]]> By: Brandy http://www.ojaischoolofmassage.com/2009/09/california-veterinary-law-review/comment-page-2/#comment-98 Brandy Tue, 24 Aug 2010 07:41:16 +0000 http://www.ojaischoolofmassage.com/?p=287#comment-98 Thank you for this discussion. It has brought a lot to my attention, however, I'm a tad bit confused, especially after reading Ms Fenstermaker's letter. If I were to simplify this, would I be correct in stating that legally in the state of California, I, as a certified Small Animal and Equine massage therapist (I'm not yet but hope to be), can not charge for my services? Therefore I can not earn a decent living as a Small Animal/Equine Massage therapist only, however, if I wanted to play it safe, I could use those skills/certificates working as a Vet Tech (under the supervision of a Vet)? Thank you in advance for your response. :) Thank you for this discussion. It has brought a lot to my attention, however, I’m a tad bit confused, especially after reading Ms Fenstermaker’s letter.

If I were to simplify this, would I be correct in stating that legally in the state of California, I, as a certified Small Animal and Equine massage therapist (I’m not yet but hope to be), can not charge for my services? Therefore I can not earn a decent living as a Small Animal/Equine Massage therapist only, however, if I wanted to play it safe, I could use those skills/certificates working as a Vet Tech (under the supervision of a Vet)?

Thank you in advance for your response. :)

]]> By: admin http://www.ojaischoolofmassage.com/2009/09/california-veterinary-law-review/comment-page-2/#comment-95 admin Mon, 09 Aug 2010 16:02:26 +0000 http://www.ojaischoolofmassage.com/?p=287#comment-95 Danielle. There is a lot of misinformation out there about the new AB 1980 law that is being worked on now. Yes, physical therapy is now going to be banned unless it is being done by a vet or there is some type of permission by the veterinary board to allow a practitioner to operate as a physical therapist. This new law will severely affect the physical therapy field and will take away the animal owners options when looking to have their animals rehabilitated after surgery or other injuries. The executive director of the California Veterinary Medical Association, which is lobbying for this bill, has sent an email out to one of the animal massage school owners in response to a letter asking for clarification about who would be affected by this law and her response was: "Ms. Pattillo, Thank you for speaking with CVMA’s lobbyists this week regarding AB 1980 by Assemblywoman Mary Hayashi, which seeks to make a series of reforms to the Veterinary Medicine Practice Act. Several members of the animal massage community, and for that matter, the animal chiropractic community, have raised concerns with an amendment in the bill in Section 4826 of the Practice Act. This letter seeks to provide you with some additional clarification for your membership and students. AB 1980 is jointly sponsored by the California Veterinary Medical Board, the California Veterinary Medical Association, and the California Registered Veterinary Technician Association. Section 4826 of the Business and Professions Code (Veterinary Practice Act) is being amended (in italics) thus: 4826. A person practices veterinary medicine, surgery, and dentistry and the various branches thereof, when he or she does any one of the following…. (f) Performs physical rehabilitation or musculoskeletal manipulation upon an animal, unless otherwise authorized by regulation of the board. The intent behind adding “f” to Section 4826 of the Practice Act is to give the Veterinary Medical Board two authorities: 1) the ability to crack down on unlicensed activity by lay people purporting to be “animal physical therapists” and “animal chiropractors” and 2) the ability to write regulations regarding the animal physical therapists. (The animal chiropractic regulations – Section 2038 of the California Code of Regulations – have been in effect for over a decade.) Legislative Counsel specifically recommended that we include the phrase “unless otherwise authorized by regulation of the board,” or (f) would be restricted to only veterinarians who could perform these tasks. Clearly, we did not intend to limit this provision to veterinarians only, and so we concurred with Legislative Counsel’s recommended language. The bill is totally and completely silent with regard to animal massage therapists and it will not impact your ability to practice whatsoever. Animal massage is specifically and intentionally not mentioned in these amendments. Perhaps some of the confusion on the bill has come from the use of the phrase “musculoskeletal manipulation.” This is a term that is contained in Section 2038 of the California Code of Regulations, relative to animal chiropractors, however, when we drafted this section years ago, we were told that the term “chiropractic” is a protected term by the industry and may not be used by any of the other healing arts professions. Thus, the VMB adopted the term “musculoskeletal manipulation” instead. Lastly, the addition of (f) to Section 4826 is, in no way, intended to impede the work of legitimate practitioners who perform work on animals. Rather, it seeks to highlight those “bad actors” in the world of animal chiropractic or animal physical rehabilitation who have no training or certification, and who are not safely working on animals. We appreciate your recent conversation with us and we hope that this letter further assists your efforts in alleviating some of the recent concerns raised by Equinology or Caninology members/students. Please feel free to share this letter with those interested parties you find appropriate. Sincerely, Valerie Fenstermaker, CVMA Executive Director ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Valerie Fenstermaker I Executive Director California Veterinary Medical Association 800.655.2862 x32 I Fax: 916.646.9176 www.cvma.net While this response was positive for massage therapists it is not helpful for physical therapists. I am planning on writing to the CVMA and asking them to clarify who will be able to do physical therapy in the future on animals since vets don't have this training. It looks like they are positioning to have veterinary technicians pick up the slack in this area after they have had further training in physical therapy. The IPTA is working with the AVMA to set standards for animal physical therapists and works in some states with the IPTA to help get human physical therapists certified to do animal physical therapy. You should contact the physical therapy organization and have them work with you and other therapists to get the field opened up to human physical therapists in this state. I am sure that the IPTA has lobbyists in this state that can help shape the law. I personally plan to contact the CVMA and have them contact the veterinary enforcement department and have them get clarification on whether massage therapists will be targeted by the enforcement department. This won't help physical therapists, but will bring some peace of mind to the massage therapists who are working with animals. Danielle. There is a lot of misinformation out there about the new AB 1980 law that is being worked on now. Yes, physical therapy is now going to be banned unless it is being done by a vet or there is some type of permission by the veterinary board to allow a practitioner to operate as a physical therapist. This new law will severely affect the physical therapy field and will take away the animal owners options when looking to have their animals rehabilitated after surgery or other injuries. The executive director of the California Veterinary Medical Association, which is lobbying for this bill, has sent an email out to one of the animal massage school owners in response to a letter asking for clarification about who would be affected by this law and her response was: “Ms. Pattillo,

Thank you for speaking with CVMA’s lobbyists this week regarding AB 1980 by Assemblywoman Mary Hayashi, which seeks to make a series of reforms to the Veterinary Medicine Practice Act. Several members of the animal massage community, and for that matter, the animal chiropractic community, have raised concerns with an amendment in the bill in Section 4826 of the Practice Act. This letter seeks to provide you with some additional clarification for your membership and students.

AB 1980 is jointly sponsored by the California Veterinary Medical Board, the California Veterinary Medical Association, and the California Registered Veterinary Technician Association. Section 4826 of the Business and Professions Code (Veterinary Practice Act) is being amended (in italics) thus:

4826. A person practices veterinary medicine, surgery, and dentistry and the various branches thereof, when he or she does any one of the following….
(f) Performs physical rehabilitation or musculoskeletal manipulation upon an animal, unless otherwise authorized by regulation of the board.

The intent behind adding “f” to Section 4826 of the Practice Act is to give the Veterinary Medical Board two authorities: 1) the ability to crack down on unlicensed activity by lay people purporting to be “animal physical therapists” and “animal chiropractors” and 2) the ability to write regulations regarding the animal physical therapists. (The animal chiropractic regulations – Section 2038 of the California Code of Regulations – have been in effect for over a decade.) Legislative Counsel specifically recommended that we include the phrase “unless otherwise authorized by regulation of the board,” or (f) would be restricted to only veterinarians who could perform these tasks. Clearly, we did not intend to limit this provision to veterinarians only, and so we concurred with Legislative Counsel’s recommended language.

The bill is totally and completely silent with regard to animal massage therapists and it will not impact your ability to practice whatsoever. Animal massage is specifically and intentionally not mentioned in these amendments. Perhaps some of the confusion on the bill has come from the use of the phrase “musculoskeletal manipulation.” This is a term that is contained in Section 2038 of the California Code of Regulations, relative to animal chiropractors, however, when we drafted this section years ago, we were told that the term “chiropractic” is a protected term by the industry and may not be used by any of the other healing arts professions. Thus, the VMB adopted the term “musculoskeletal manipulation” instead.

Lastly, the addition of (f) to Section 4826 is, in no way, intended to impede the work of legitimate practitioners who perform work on animals. Rather, it seeks to highlight those “bad actors” in the world of animal chiropractic or animal physical rehabilitation who have no training or certification, and who are not safely working on animals.

We appreciate your recent conversation with us and we hope that this letter further assists your efforts in alleviating some of the recent concerns raised by Equinology or Caninology members/students. Please feel free to share this letter with those interested parties you find appropriate.

Sincerely,

Valerie Fenstermaker, CVMA Executive Director

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Valerie Fenstermaker I Executive Director
California Veterinary Medical Association
800.655.2862 x32 I Fax: 916.646.9176
http://www.cvma.net

While this response was positive for massage therapists it is not helpful for physical therapists. I am planning on writing to the CVMA and asking them to clarify who will be able to do physical therapy in the future on animals since vets don’t have this training. It looks like they are positioning to have veterinary technicians pick up the slack in this area after they have had further training in physical therapy. The IPTA is working with the AVMA to set standards for animal physical therapists and works in some states with the IPTA to help get human physical therapists certified to do animal physical therapy.

You should contact the physical therapy organization and have them work with you and other therapists to get the field opened up to human physical therapists in this state. I am sure that the IPTA has lobbyists in this state that can help shape the law.

I personally plan to contact the CVMA and have them contact the veterinary enforcement department and have them get clarification on whether massage therapists will be targeted by the enforcement department. This won’t help physical therapists, but will bring some peace of mind to the massage therapists who are working with animals.

]]> By: Danielle http://www.ojaischoolofmassage.com/2009/09/california-veterinary-law-review/comment-page-2/#comment-94 Danielle Sat, 07 Aug 2010 15:59:35 +0000 http://www.ojaischoolofmassage.com/?p=287#comment-94 I have been a Certified Canine Rehabilitation Therapist since 2006 practicing under direct supervision of a veterinarian because again I have been told that this is the only legal way to provide services such as: massage, therapeutic exercise, modalities, and any kind of manual therapy legally in California. Each state dictates how a physical therapist can practice. In some states a PT can see animals with a referral only and do not require the vet to be on site. California is very strict in this regard. The California PT Practice Act uses"persons" to describe who we can provide services for. Essentially we are not functioning under our PT license when we work with animal. However we are at risk for losing it if we violate the law. I would caution anyone out there doing work with animals to get clear answers on what is legal. It is not worth losing something we have worked so hard to get. A new bill AB 1980 is about to reach the Senate floor this coming Monday I believe. It would seriously restrict who can work with animals. It is poorly worded and would essentially put all manual therapies and physical rehab (which is poorly defined) under veterinary medicine requiring direct supervision. So, this would not allow anyone practicing animal massage to legally perform this function unless it is done in the presence of a vet. I have been a Certified Canine Rehabilitation Therapist since 2006 practicing under direct supervision of a veterinarian because again I have been told that this is the only legal way to provide services such as: massage, therapeutic exercise, modalities, and any kind of manual therapy legally in California. Each state dictates how a physical therapist can practice. In some states a PT can see animals with a referral only and do not require the vet to be on site. California is very strict in this regard. The California PT Practice Act uses”persons” to describe who we can provide services for. Essentially we are not functioning under our PT license when we work with animal. However we are at risk for losing it if we violate the law. I would caution anyone out there doing work with animals to get clear answers on what is legal. It is not worth losing something we have worked so hard to get.

A new bill AB 1980 is about to reach the Senate floor this coming Monday I believe. It would seriously restrict who can work with animals. It is poorly worded and would essentially put all manual therapies and physical rehab (which is poorly defined) under veterinary medicine requiring direct supervision. So, this would not allow anyone practicing animal massage to legally perform this function unless it is done in the presence of a vet.

]]> By: admin http://www.ojaischoolofmassage.com/2009/09/california-veterinary-law-review/comment-page-2/#comment-72 admin Sat, 26 Jun 2010 23:25:17 +0000 http://www.ojaischoolofmassage.com/?p=287#comment-72 Danielle, If you are a registered physical therapist you physical therapy organization has a special interest group that works with the AVMA and sets standards and education requirements for physical therapists to work with animals. If you take some advanced courses at the University of Tennessee or the University of Colorado's veterinary physical therapy programs under the auspices of the APTA special interest group you could get a certification to do physical therapy on animals and you could legally do massage on animals. I will look at the physical therapy laws in California and see if it might be legal for a registered physical therapist in this state to work on animals as well as humans. I will get back to you once I have done a little more research. Danielle, If you are a registered physical therapist you physical therapy organization has a special interest group that works with the AVMA and sets standards and education requirements for physical therapists to work with animals. If you take some advanced courses at the University of Tennessee or the University of Colorado’s veterinary physical therapy programs under the auspices of the APTA special interest group you could get a certification to do physical therapy on animals and you could legally do massage on animals. I will look at the physical therapy laws in California and see if it might be legal for a registered physical therapist in this state to work on animals as well as humans. I will get back to you once I have done a little more research.

]]> By: Danielle http://www.ojaischoolofmassage.com/2009/09/california-veterinary-law-review/comment-page-2/#comment-71 Danielle Sat, 26 Jun 2010 21:22:30 +0000 http://www.ojaischoolofmassage.com/?p=287#comment-71 Thanks again for all of the information. I am a Physical Therapist. Thanks again for all of the information. I am a Physical Therapist.

]]> By: admin http://www.ojaischoolofmassage.com/2009/09/california-veterinary-law-review/comment-page-1/#comment-56 admin Mon, 07 Jun 2010 18:06:43 +0000 http://www.ojaischoolofmassage.com/?p=287#comment-56 Danielle, The law specifically states under Section 4827 that as long as you are a legitimate employee of the animals owner or as long as you are assisting the animals owner gratuitously that "nothing in this chapter prohibits any person from" doing massage or any other practice that would normally be considered veterinary medicine. Gratuitously according to the Webster's dictionary means "given or done free of charge". You stated in your last post that you are very concerned about protecting your license. What license are you trying to protect? Also the best way to clarify any legal issues is to contact the California Attorney General: http://ag.ca.gov/opinions.php and get a legal opinion from the highest legal authority in the state. If the Attorney General of California gives you a legal opinion that says it would be legal to do what you want to do then you can rest assured that the legal authorities in this state would not go after you. I hope this helps you. Danielle, The law specifically states under Section 4827 that as long as you are a legitimate employee of the animals owner or as long as you are assisting the animals owner gratuitously that “nothing in this chapter prohibits any person from” doing massage or any other practice that would normally be considered veterinary medicine. Gratuitously according to the Webster’s dictionary means “given or done free of charge”. You stated in your last post that you are very concerned about protecting your license. What license are you trying to protect? Also the best way to clarify any legal issues is to contact the California Attorney General: http://ag.ca.gov/opinions.php and get a legal opinion from the highest legal authority in the state. If the Attorney General of California gives you a legal opinion that says it would be legal to do what you want to do then you can rest assured that the legal authorities in this state would not go after you. I hope this helps you.

]]> By: Danielle http://www.ojaischoolofmassage.com/2009/09/california-veterinary-law-review/comment-page-1/#comment-55 Danielle Fri, 04 Jun 2010 19:46:48 +0000 http://www.ojaischoolofmassage.com/?p=287#comment-55 I feel silly asking for one more clarification but here it goes....about the exchange of money... "As long as you are not charging for a service you can so anything that you like or as long as you are a bona fide employee of the animal owner or caretaker then you can do massage legally on the animal. " "They would for have to prove that you were doing the massage for money because the Department of Consumer Affairs and the Veterinary Medical Board only have jurisdiction over professional business practitioners who are required to be licensed in this state. So, unless there is a check made out to the practitioner, a witness that saw the massage happen and the check or money order being given to the practitioner after the massage was performed or a regulatory officer for the state Department of Consumer affairs or a law enforcement officer present that records this infraction of the law I fail to see why massage practitioner are so afraid of doing massage on animals. So, is it correct to say...as long as there is no exchange of money ( do it for free?) it is ok to perform massage in private or in public? It would seem to me then that anyone that has an animal massage business working at athletic events or in someone's home is still a problem. If you charge for this service then it must be peformed under vet supervsion? I just want to make sure I am doing what is legal in California. I am very concerned about protecting my license. I am so sorry to consume more time here. I really appreciate your input...I am happy to email you privately if this is too much for the blog. :-) Danielle I feel silly asking for one more clarification but here it goes….about the exchange of money…

“As long as you are not charging for a service you can so anything that you like or as long as you are a bona fide employee of the animal owner or caretaker then you can do massage legally on the animal. ”

“They would for have to prove that you were doing the massage for money because the Department of Consumer Affairs and the Veterinary Medical Board only have jurisdiction over professional business practitioners who are required to be licensed in this state. So, unless there is a check made out to the practitioner, a witness that saw the massage happen and the check or money order being given to the practitioner after the massage was performed or a regulatory officer for the state Department of Consumer affairs or a law enforcement officer present that records this infraction of the law I fail to see why massage practitioner are so afraid of doing massage on animals.

So, is it correct to say…as long as there is no exchange of money ( do it for free?) it is ok to perform massage in private or in public? It would seem to me then that anyone that has an animal massage business working at athletic events or in someone’s home is still a problem. If you charge for this service then it must be peformed under vet supervsion? I just want to make sure I am doing what is legal in California. I am very concerned about protecting my license. I am so sorry to consume more time here. I really appreciate your input…I am happy to email you privately if this is too much for the blog. :-)
Danielle

]]> By: admin http://www.ojaischoolofmassage.com/2009/09/california-veterinary-law-review/comment-page-1/#comment-54 admin Thu, 03 Jun 2010 22:56:24 +0000 http://www.ojaischoolofmassage.com/?p=287#comment-54 Danielle, The AVMA's main role is to support their members which are licensed DVM's in the United States and it makes sense that they would protect their members from encroachment on their practice. The AVMA does not have an enforcement capability in the state of California because they are not the legal authority in California. The California Department of Consumer Affairs, the California Attorney General and the California Medical Board are the only parties that can pursue enforcement actions in the state of California regarding veterinary laws. I have always hesitated in getting into the politics of veterinary laws because of the history of actions that have been taken by professional organizations such as the AVMA, AMA and various massage and chiropractic boards against people who don't agree with them. This is not to say that I am afraid to speak my mind though when I see them acting in ways that harm the public by restricting the publics right to the medical treatments of their choice. While the states have the right to regulate professions as they see fit in order to protect the public from harm, the state does not have the right to regulate practices that have no proven harm to the public. The states have long taken advantage of the publics ignorance and lack of interest to take away the citizens rights to medical care of their choice. It is only when the public stands up and challenges these restrictive laws and regulations instituted by these states and organizations; that the laws are changed back to benefitting the people. The AVMA paid a lot of money to make sure that only their members would be able to help animals. Through lobbying efforts they worked closely with legislative staff to make sure that no one but their members would be able to work in animal health legally. They literally have a monopoly on veterinary medicine and monopolies are illegal in this country unless you get the federal government to give you a monopoly franchise like the NFL, NBA, or some other sports franchise monopoly. Some people choose to fight this cozy relationship that the AVMA has with the government and some of us work quietly in the background to change this from the ground up. The California public spends a lot of money on complementary or what some call alternative health care for their animals and money talks more then words and legal actions. Well over 30% of animal "owners" use complementary health care treatments for their animals. The AVMA and the Department of Consumer Affairs Veterinary Medical Board can not stop this. They don't have the resources. Even the Veterinary Medical Board on their website lets us know that it is very hard to prove a complaint. This was taken from their site. The Complaint Review Process The VMB receives hundreds of complaints each year regarding the conduct of veterinarians, registered veterinary technicians, unlicensed persons, or conditions of a veterinary facility. The initial complaint review determines whether the VMB has jurisdiction. The VMB's authority to investigate is limited to administrative violations of the California Veterinary Practice Act, including, negligence, incompetence, fraud, deception, unprofessional conduct, and sanitary condition of a facility. If the initial review reveals that the complaint is regarding a fee dispute or collection methods, the complaint is closed. Consumers are notified that the VMB has no jurisdiction and are provided with information outlining the procedures for a small claims court action. "Once jurisdiction is established, the persons named in the complaint are contacted and asked to submit written statements and copies of any available medical records, x-rays or laboratory reports. As soon as this information is received, the complaint file is reviewed by the VMB's veterinary medical advisor. The advisor makes a determine to either: (1) close the case; (2) refer it to the VMB's complaint review committee for further review; (3) issue a citation and fine, or (4) refer it to the Department of Consumer Affairs' Division of Investigation (DoI) for a formal investigation." "Complaints under investigation contain essentially unsubstantiated allegations and the information contained in the file is exempt from disclosure under the Public Records Act. Complaint information is only available via subpoena after the investigation is closed." "Who Can or Should File a Complaint Anyone who witnesses or believes that a licensed veterinarian or unlicensed person's behavior or activities may cause harm (or the potential for harm) to animal patients or may be illegal, can file a complaint. The most effective complaints contain, firsthand, verifiable information. While anonymous complaints will be reviewed, they may be impossible to pursue unless they contain documented evidence to support the allegations." As you can see from this last section there must be witnesses to the person's behavior or activities that may cause harm to an animal and this must be verifiable and documented. It is very hard for the board to go after massage therapists unless someone has made a complaint to the board and then they need to be able to prove the illegal activity. They would for have to prove that you were doing the massage for money because the Department of Consumer Affairs and the Veterinary Medical Board only have jurisdiction over professional business practitioners who are required to be licensed in this state. So, unless there is a check made out to the practitioner, a witness that saw the massage happen and the check or money order being given to the practitioner after the massage was performed or a regulatory officer for the state Department of Consumer affairs or a law enforcement officer present that records this infraction of the law I fail to see why massage practitioner are so afraid of doing massage on animals. We are walking in the jungle and we do need to watch our actions and be aware that there are wild animals out there who do not play well with others and are looking to harm others or protect their own territory. When walking in the jungle walk quietly and know who is lurking around you and take precautions to protect yourself. The police departments can tell you how hard it is to catch and prosecute prostitutes in this state. In fact they are trying to make sure right now that they have full control over the California Massage Therapy Board so that they can have extra tools to weed out prostitution in this state. If they can't handle prostitutes, drugs and violent crimes in this state then you can rest assured that you have as little chance of getting prosecuted for doing massage on animals as you do of winning the lottery. Sometimes it is best to hide the light from the encroaching forces of darkness so that it can stay alive. Only when the encroaching forces are threatening to blow the light out should we resist this force. Wasting energy on fighting only leads to more fighting and exhaustion. Concentrating on the light and building the light within will make the light brighter and help animals more. As complementary health care practitioners we should spend our energy on helping animals become free from pain and suffering and not on battling with others. We should not fear the darkness either because one ray of light illuminates the darkness if it is strong enough it will illuminate a vast amount of darkness. I do hope that the AVMA will not continue to veil the light of our practice but will work with us to benefit animals. Danielle,
The AVMA’s main role is to support their members which are licensed DVM’s in the United States and it makes sense that they would protect their members from encroachment on their practice. The AVMA does not have an enforcement capability in the state of California because they are not the legal authority in California. The California Department of Consumer Affairs, the California Attorney General and the California Medical Board are the only parties that can pursue enforcement actions in the state of California regarding veterinary laws. I have always hesitated in getting into the politics of veterinary laws because of the history of actions that have been taken by professional organizations such as the AVMA, AMA and various massage and chiropractic boards against people who don’t agree with them. This is not to say that I am afraid to speak my mind though when I see them acting in ways that harm the public by restricting the publics right to the medical treatments of their choice. While the states have the right to regulate professions as they see fit in order to protect the public from harm, the state does not have the right to regulate practices that have no proven harm to the public. The states have long taken advantage of the publics ignorance and lack of interest to take away the citizens rights to medical care of their choice. It is only when the public stands up and challenges these restrictive laws and regulations instituted by these states and organizations; that the laws are changed back to benefitting the people. The AVMA paid a lot of money to make sure that only their members would be able to help animals. Through lobbying efforts they worked closely with legislative staff to make sure that no one but their members would be able to work in animal health legally. They literally have a monopoly on veterinary medicine and monopolies are illegal in this country unless you get the federal government to give you a monopoly franchise like the NFL, NBA, or some other sports franchise monopoly. Some people choose to fight this cozy relationship that the AVMA has with the government and some of us work quietly in the background to change this from the ground up. The California public spends a lot of money on complementary or what some call alternative health care for their animals and money talks more then words and legal actions. Well over 30% of animal “owners” use complementary health care treatments for their animals. The AVMA and the Department of Consumer Affairs Veterinary Medical Board can not stop this. They don’t have the resources. Even the Veterinary Medical Board on their website lets us know that it is very hard to prove a complaint. This was taken from their site.

The Complaint Review Process
The VMB receives hundreds of complaints each year regarding the conduct of veterinarians, registered veterinary technicians, unlicensed persons, or conditions of a veterinary facility. The initial complaint review determines whether the VMB has jurisdiction. The VMB’s authority to investigate is limited to administrative violations of the California Veterinary Practice Act, including, negligence, incompetence, fraud, deception, unprofessional conduct, and sanitary condition of a facility. If the initial review reveals that the complaint is regarding a fee dispute or collection methods, the complaint is closed. Consumers are notified that the VMB has no jurisdiction and are provided with information outlining the procedures for a small claims court action.

“Once jurisdiction is established, the persons named in the complaint are contacted and asked to submit written statements and copies of any available medical records, x-rays or laboratory reports. As soon as this information is received, the complaint file is reviewed by the VMB’s veterinary medical advisor. The advisor makes a determine to either: (1) close the case; (2) refer it to the VMB’s complaint review committee for further review; (3) issue a citation and fine, or (4) refer it to the Department of Consumer Affairs’ Division of Investigation (DoI) for a formal investigation.”

“Complaints under investigation contain essentially unsubstantiated allegations and the information contained in the file is exempt from disclosure under the Public Records Act. Complaint information is only available via subpoena after the investigation is closed.”

“Who Can or Should File a Complaint
Anyone who witnesses or believes that a licensed veterinarian or unlicensed person’s behavior or activities may cause harm (or the potential for harm) to animal patients or may be illegal, can file a complaint. The most effective complaints contain, firsthand, verifiable information. While anonymous complaints will be reviewed, they may be impossible to pursue unless they contain documented evidence to support the allegations.”

As you can see from this last section there must be witnesses to the person’s behavior or activities that may cause harm to an animal and this must be verifiable and documented. It is very hard for the board to go after massage therapists unless someone has made a complaint to the board and then they need to be able to prove the illegal activity. They would for have to prove that you were doing the massage for money because the Department of Consumer Affairs and the Veterinary Medical Board only have jurisdiction over professional business practitioners who are required to be licensed in this state. So, unless there is a check made out to the practitioner, a witness that saw the massage happen and the check or money order being given to the practitioner after the massage was performed or a regulatory officer for the state Department of Consumer affairs or a law enforcement officer present that records this infraction of the law I fail to see why massage practitioner are so afraid of doing massage on animals. We are walking in the jungle and we do need to watch our actions and be aware that there are wild animals out there who do not play well with others and are looking to harm others or protect their own territory. When walking in the jungle walk quietly and know who is lurking around you and take precautions to protect yourself. The police departments can tell you how hard it is to catch and prosecute prostitutes in this state. In fact they are trying to make sure right now that they have full control over the California Massage Therapy Board so that they can have extra tools to weed out prostitution in this state. If they can’t handle prostitutes, drugs and violent crimes in this state then you can rest assured that you have as little chance of getting prosecuted for doing massage on animals as you do of winning the lottery.

Sometimes it is best to hide the light from the encroaching forces of darkness so that it can stay alive. Only when the encroaching forces are threatening to blow the light out should we resist this force. Wasting energy on fighting only leads to more fighting and exhaustion. Concentrating on the light and building the light within will make the light brighter and help animals more. As complementary health care practitioners we should spend our energy on helping animals become free from pain and suffering and not on battling with others. We should not fear the darkness either because one ray of light illuminates the darkness if it is strong enough it will illuminate a vast amount of darkness.

I do hope that the AVMA will not continue to veil the light of our practice but will work with us to benefit animals.

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