Legal Issues Concerning Dentistry
The following information is to guide the reader as to the legality of equine dentistry in the state of California. All important items are highlighted in red.
I have also attempted to clarify the importance of the legal system by adding some of my own experience and opinions. All added information is highlighted in blue.
Who is allowed to float horses or do dentistry on horses in California?
California Business and Professions Code
http:www.leginfo.ca.gov/cgi-bin/calawquery?codesection=bpc&codebody=&hits=20
Article 2 Practice provisions section 4825-4831
BUSINESS AND PROFESSIONS CODE
SECTION 4825-4831
4825. It is unlawful for any person
to practice veterinary medicine or
any branch thereof in this State
unless at the time of so doing, such
person holds a valid, unexpired, and
unrevoked license as provided in this
chapter. 4825.1. These definitions shall govern the construction of this chapter as it applies to veterinary medicine.
(a) "Diagnosis" means the act or
process of identifying or
determining the health status of an
animal through examination and the
opinion derived from that examination.
(b) "Animal" means any member of the animal kingdom other than humans, and includes fowl, fish, and reptiles, wild or domestic, whether living or dead.
(c) "Food animal" means any animal that is raised for the production of an edible product intended for consumption by humans. The edible product includes, but is not limited to, milk, meat, and eggs. Food animal includes, but is not limited to, cattle (beef or dairy), swine, sheep, poultry, fish, and amphibian species.
(d) "Livestock" includes all animals, poultry, aquatic and amphibian species that are raised, kept, or used for profit. It does not include those species that are usually kept as pets such as dogs, cats, and pet birds, or companion animals, including equines. 4826. A person practices veterinary
medicine, surgery, and dentistry, and
the various branches thereof, when he
or she does any one of the following:
(a) Represents himself or herself
as engaged in the practice of
veterinary medicine, veterinary surgery,
or veterinary dentistry in any of its
branches.
(b) Diagnoses or prescribes a drug,
medicine, appliance application, or
treatment of whatever nature for the
prevention, cure or relief of a wound,
fracture, bodily injury,or disease of
animals. A dental speculum is a medical
appliance.
(c) Administers a drug, medicine, appliance, application, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of animals, except
where the medicine, appliance application,
or treatment is administered by a
registered veterinary technician or an
unregistered assistant at the direction of
and under the direct supervision of a
licensed veterinarian subject to Article
2.5
(commencing with Section 4832) or where the drug, including, but not limited to, a drug that is a controlled substance, is administered by a registered veterinary technician or an unregistered assistant pursuant to Section 4836.1. However, no person, other than a licensed veterinarian, may induce anesthesia unless authorized by regulation of the board.
(d) Performs a surgical or dental
operation upon an animal.
(e) Performs any manual procedure for the diagnosis of pregnancy, sterility, or infertility upon livestock or Equidae.
(f) Uses any words, letters or titles
in such connection or under such
circumstances as to induce the belief
that the person using them is engaged
in the practice of veterinary medicine,
veterinary surgery, or veterinary dentistry.
This use shall be prima facie evidence of
the intention to representhimself or herself
as engaged in the practice of veterinary
medicine,veterinary surgery, or veterinary
dentistry. 4826.1. A veterinarian who on his or her own initiative, at the request of an owner, or at the request of someone other than the owner, renders emergency treatment to a sick or injured animal at the scene of an accident shall not be liable in damages to the owner of that animal in the absence of gross negligence. 4826.2. Notwithstanding any other provision of law, a veterinarian, registered veterinary technician, or an unregistered assistant working under the supervision of a veterinarian, may provide veterinary care and treatment for any animal restricted pursuant to Section 2118 of the Fish and Game Code. A veterinarian, registered veterinary technician, or an unregistered assistant working under the supervision of a veterinarian, may lawfully possess one or more of the animals only for the period of time that, in his or her judgment, veterinary care and treatment are necessary. No veterinarian, registered veterinary technician, or unregistered assistant working under the supervision of a veterinarian, has a duty to advise law enforcement if he or she becomes aware that one or more of the animals is possessed in the state. For the purposes of this section, "veterinary care and treatment" does not include boarding when no veterinary care or treatment is required. 4827. Nothing in this chapter prohibits
any person from: (a) Practicing veterinary medicine as
a bona fide owner of one's own animals.
This exemption applies to the following:
(1) The owner's bona fide employees.
(2) Any person assisting the owner,
provided that the practice is performed
gratuitously.
(b) Lay testing of poultry by the whole blood agglutination test. For purposes of this section, "poultry" means flocks of avian species maintained for food production, including, but not limited to, chickens, turkeys, and exotic fowl.
(c) Making any determination as to the status of pregnancy, sterility, or infertility upon livestock, equine, or food animals at the time an animal is being inseminated, providing no charge is made for this determination.
(d) Administering sodium pentobarbital for euthanasia of sick, injured, homeless, or unwanted domestic pets or animals without the presence of a veterinarian when the person is an employee of an animal control shelter and its agencies or humane society and has received proper training in the administration of sodium pentobarbital for these purposes. 4828. All veterinarians actually engaged and employed as veterinarians by the state, or a county, city, corporation, firm or individual are practicing veterinary medicine and shall secure a license issued by the board. 4829. Any license granted to any person to practice veterinary medicine, or any branch thereof, in this State issued under any preceding act relating to veterinary medicine shall remain in force until the renewal fee becomes due and thereafter so long as the holder complies with the provisions of this chapter relating to the renewal of the license and not otherwise. Notwithstanding the payment of this fee his license at any time may be suspended or revoked as provided in Article 4 of this chapter. 4830. (a) This chapter does not apply to: (1) Veterinarians while serving in any armed branch of the military service of the United States or the United States Department of Agriculture while actually engaged and employed in their official capacity.
(2) Regularly licensed veterinarians in actual consultation from other states.
(3) Regularly licensed veterinarians actually called from other states to attend cases in this state, but who do not open an office or appoint a place to do business within this state.
(4) Veterinarians employed by the University of California while engaged in the performance of duties in connection with the College of Agriculture, the Agricultural Experiment Station, the School of Veterinary Medicine or the agricultural extension work of the university or employed by the Western University of Health Sciences while engaged in the performance of duties in connection with the College of Veterinary Medicine or the agricultural extension work of the university.
(5) Students in the School of Veterinary Medicine of the University of California or the College of Veterinary Medicine of the Western University of Health Sciences who participate in diagnosis and treatment as part of their educational experience, including those in off-campus educational programs under the direct supervision of a licensed veterinarian in good standing, as defined in paragraph (1) of subdivision (b) of Section 4848, appointed by the University of California, Davis, or the Western University of Health Sciences.
(6) A veterinarian who is employed by the Meat and Poultry Inspection Branch of the California Department of Food and Agriculture while actually engaged and employed in his or her official capacity. A person exempt under this paragraph shall not otherwise engage in the practice of veterinary medicine unless he or she is issued a license by the board.
(7) Unlicensed personnel employed by the Department of Food and Agriculture or the United States Department of Agriculture when, in the course of their duties, they are directed by a veterinarian supervisor to conduct an examination, obtain biological specimens, apply biological tests, or administer medications or biological products as part of government disease or condition monitoring, investigation, control, or eradication activities.
(8) Veterinarians employed by a city, city and county, or county who meet all of the following criteria:
(A) They have earned and possess a doctorate in veterinary medicine from an American Veterinary Medical Association-accredited college of veterinary medicine, or they possess a degree in veterinary medicine from a non-American Veterinary Medical Association-accredited college of veterinary medicine and possess a certificate issued by the Educational Commission for Foreign Veterinary Graduates or a certificate issued by the Program for Assessment of Veterinary Equivalence, or they have achieved board certification from the American College of Veterinary Pathologists.
(B) They have successfully completed a residency approved by the American College of Veterinary Pathologists.
(C) They are conducting activities, under the direct supervision of a California licensed veterinarian, related to pathology and epidemiology on dead animals as part of a government program to monitor a disease or a disease-related condition or to investigate, control, or eradicate a disease.
(b) This section shall remain in effect only until January 1, 2011, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2011, deletes or extends that date. 4830. (a) This chapter does not apply to: (1) Veterinarians while serving in any armed branch of the military service of the United States or the United States Department of Agriculture while actually engaged and employed in their official capacity.
(2) Regularly licensed veterinarians in actual consultation from other states.
(3) Regularly licensed veterinarians actually called from other states to attend cases in this state, but who do not open an office or appoint a place to do business within this state.
(4) Veterinarians employed by the University of California while engaged in the performance of duties in connection with the College of Agriculture, the Agricultural Experiment Station, the School of Veterinary Medicine, or the agricultural extension work of the university or employed by the Western University of Health Sciences while engaged in the performance of duties in connection with the College of Veterinary Medicine or the agricultural extension work of the university.
(5) Students in the School of Veterinary Medicine of the University of California or the College of Veterinary Medicine of the Western University of Health Sciences who participate in diagnosis and treatment as part of their educational experience, including those in off-campus educational programs under the direct supervision of a licensed veterinarian in good standing, as defined in paragraph (1) of subdivision (b) of Section 4848, appointed by the University of California, Davis, or the Western University of Health Sciences.
(6) A veterinarian who is employed by the Meat and Poultry Inspection Branch of the California Department of Food and Agriculture while actually engaged and employed in his or her official capacity. A person exempt under this paragraph shall not otherwise engage in the practice of veterinary medicine unless he or she is issued a license by the board.
(7) Unlicensed personnel employed by the Department of Food and Agriculture or the United States Department of Agriculture when in the course of their duties they are directed by a veterinarian supervisor to conduct an examination, obtain biological specimens, apply biological tests, or administer medications or biological products as part of government disease or condition monitoring, investigation, control, or eradication activities.
(b) This section shall become operative on January 1, 2011. 4830.5. Whenever any licensee under this chapter has reasonable cause to believe that a dog has been injured or killed through participation in a staged animal fight, as prescribed in Section 597b of the Penal Code, it shall be the duty of the licensee to promptly report the same to the appropriate law enforcement authorities of the county, city, or city and county in which the same occurred. No licensee shall incur any civil liability as a result of making any report pursuant to this section or as a result of making any report of a violation of Section 596, subdivision (a) or (b) of Section 597, or Section 597b, 597f, 597g, 597n, or 597.5 of the Penal Code. 4830.7. Whenever any licensee under
this chapter has reasonable cause to
believe an animal under its care has
been a victim of animal abuse or cruelty,
as prescribed in Section 597 of the Penal
Code, it shall be the duty of the licensee
to promptly report it to the appropriate
law enforcement authorities of the county,
city, or city and county in which it
occurred. No licensee shall incur any civil
liability as a result of making any report
pursuant to this section or as a result of
making any report of a violation of subdivisions
(a), (b), and (c) of Section 597 of the Penal
Code. 4831. Any person, who violates or aids or abets
in violating any of the provisions of this
chapter, is guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine
of not less than five hundred dollars ($500), nor
more than two thousand dollars ($2,000), or by
imprisonment in a county jail for not less than 30
days nor more than one year, or by both the fine
and imprisonment. It is unlawful for any person to practice veterinary medicine or any
branch thereof in this State unless at the time of so doing, such
person holds a valid, unexpired, and unrevoked
license as provided in this chapter. (Veterinary
Practice Act; article 4825 California State
Veterinary Board)
First and foremost,
There are numerous reasons why laymen should not be practicing equine dentistry without veterinary supervision:
#1 – It is illegal
A. The layman carries no malpractice insurance. A veterinarian must carry a malpractice policy. Insurance is not available for illegal practices. If your horse suffers from negligence you have no legal basis for action because you solicited an illegal act. You are the guilty party.
B. A layman does not possess the ability or training to diagnose illness i.e., gingivitis, tooth root abscess, fractured jaw, all of which need antibiotics etc., before treatment occurs. Laymen cannot diagnose disease condition, prescribe antibiotics, provide necessary radiology, treat disease,or attend to a traumatic insult.
C. Only a licensed physician can inject any medication (including sedation) and receive payment for that act. Additionally, laymen can not legally purchase, prescribe, or administer drugs or medications. They don’t have a DEA license held only by licensed physicians. These drugs likely come from out of the country, and are not of the standards required by the FDA. Laymen may have also illegally obtained these drugs from veterinarians or a human physician. Some of these people are even spouses of those aforementioned. Those people do know the law and disregard its premise.
#2 – Lack of sound judgment
I often ask myself; how can these people call themselves equine dentists? If one builds a model airship does that make him an astronaut? Would NASA have a first rate model builder pilot the space shuttle?
Here are some reasons that people chose a layman to perform equine dentistry:
A. They are duped into believing the person is an expert because they have titledthemselves an “equine dentist.” Some laymen indicate they are qualified and have treated thousands of horses and have been doing this for years. I ask you, if I have been successfully smuggling drugs across the border for ten years, does that make it acceptable, or more important, legal?
Some trainers and owners actually pay large amounts of money for traveling “Dentists” from other states that have developed a following because of flashy equipment and extensive promotion. This is very convenient for the traveling scam artists because they are able to avoid the authorities and evade the problems resulting from their treatment.
B. It is less expensive. Did you ever here of the saying, “you get what you pay for?” Itgoes far deeper than that. A human doctor of the early 1900’s stated “the most expensive form of therapy is the one that doesn’t work.” Actually there are numerous occasions this year whereby in the end much more was spent as a result of lay dentistry than would have been spent on a licensed professional.
For example, just in the last year in my practice in
3 cases of respiratory outbreaks due to the use of contaminated equipment being the primary suspect,
9 chokes, 1 day following poor dentistry, where the teeth were rounded not allowing for proper mastication (chewing) of the feed,
21 colic’s for impaction because of rounded teeth,
4 emergency calls for “seizure reaction” to sedation – all 4 were caused by injection of the sedation into the carotid artery and not the jugular vein – one layman did not even know the difference,
12 sedation overdoses, causing the animal to fall down – one resulted in loss of the right eye, 3 resulted in GI Stasis (intestinal paralysis), one horse had a fractured jaw and the laymen applied speculum pressure which resulted in an open fracture- result- euthanasia,
4 horses with temporal mandibular luxation (dislocated jaw) - of which one of these lost weight for 2 months, had choke, sand impaction and displacement.
Some may argue that veterinarians are upset because they are losing business to lay dentists. The reality for us is that we have had a boost in business that we cannot keep up with, due to the incompetence of the lay dentists. We cannot condone the increase of business at the expense of these animals we have vowed to protect.
There are schools across the country that train individuals in equine dentistry, but this is for treatment of horses under the direct supervision of a licensed veterinarian.
Any laymen who is practicing equine dentistry, not under the direct supervision of a veterinarian is performing an illegal act, and the state medical board should be notified. The board will then issue an order to cease and desist from this illegal business scam.
If you have concerns or information about a laymen performing equine dentistry please contact your local veterinarian or