paw law Regulate Veterinarians. The Laws That –by Dionne M. Blaesing, Esq. S
EVERAL ANIMAL OWNER CLIENTS have recent- ly expressed real concerns about the treatment their pet received by a veterinarian. Pet owners’ complaints include lack of appropriate
care, cost of care, imposition of treatment techniques that did not improve the pet’s quality of life, and frustration with the veterinary system. For two decades, prior to becoming an attorney, I worked for a public zoo and a number of private (small animal and equine) veterinary hos- pitals. I generally have great respect for the field of veterinary medicine, but I am also a pet owner responsible for seeing that my own beloved animals receive proper veterinary care. My goal is to provide some insight into the
business of veterinary medicine so that pet own- ers have the tools to ensure their beloved pet’s quality of life is improved by a veterinary prac- tice, as much as the illness, trauma or disease allows. The pet owner is the captain of this ship and needs knowledge to navigate these waters. Florida Chapter 474, Fla. Statutes, sets
the law for the practice of veterinary medicine. The statute as enacted in 1980 and modified in 2000, addresses licensing, premises permitting, disciplinary proceed- ings, ownership and control of veterinary records (§ 474.2165, Fla. Statutes), and more. The Florida Administrative Code, Chapter 61G18 (10 through 30) details the requirements as per- tains to Chapter 474. The rule addresses schooling, licensure, premises permitting, standards of practice, discipline and more. Oversight of the profession is handled by the Florida
Department Of Business and Professional Regulation, Board of Veterinary Medicine (BVM) in Tallahassee (
www.myfloridali-
cense.com/dbpr/pro/vetm). At this website, one can access the entire body of veterinary related Florida Statutes, Fla. Admin. Codes and the DBPR-0070 Vet-Related Complaint Form. The DBPR-0070 Vet-Related Complaint Form is used to report a veterinarian or veterinary business violating Chapter 474. The BVM will not hear complaints of veterinary malpractice in which the owner of an animal victim seeks compensatory dam- ages. It is a disciplinary body whose guidelines are based on the accused party Being guilty of incompetence or negligence by failing to practice veterinary medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances. The penalty under the Fla. Admin. Code is suspension, pro- bation or administrative fines; there is no provision for damages
76 THE NEW BARKER
to or for the victim or owner. There are additional Florida Statutes, Federal Statutes, Federal Codes and even international Treaties that apply to Florida veterinarians as well. The practice of veterinary medicine has evolved in the last 30 years. In the 1970s most veterinary school graduates opened individual or small multi-doctor firms, owned by the practitioners. Large animal hospitals like Boston Angell Animal Medical Center, established in 1898 with
80 veterinarians or Animal Medical Center, established in 1910 with 100 or
more veterinarians, both nonprofit entities, were the exception, not the rule. These large hospitals were medical research and advocacy centers. The university Veterinary Schools were also research orientated. The small practices’ clien- tele knew the veterinarian and the veterinarian knew the pet, because service was critical to success.
In the 1990s, big corporations
increasingly became involved in the delivery of veterinary services. Banfield
Pet Hospital, the world’s largest pet hospital company, began expansion in 1994 by teaming with PetSmart. It was purchased by Mars Group in 2007, and by 2014 operated 800 clinics nationwide. National Veterinary Associates (NVA) was the largest owner of freestanding veterinary hospitals in the US in 2007, and in 2014 owned 186 animal hospitals. VCA Antech, founded in 1986, owns vet clinics in the US and Canada, earn- ing a $409.4 million profit in 2013. In 2008, a Tampa specialty clinic and a Midwestern specialty clinic merged to create BluePearl Veterinary Partners. In 2015, BluePearl joined the Mars group—the same organization that owns Banfield Pet hos- pital.
The ownership structure for these big corporations may dif-
fer. For instance, Banfield Veterinary which once offered fran- chise ownership, moved to corporate ownership when purchased by Mars Corporation, itself a privately held entity. The other entities may have different structures. Who cares, you may ask? §474.215 Fl. St. will allow no premises permit to a non-veteri-
narian owned clinic unless a licensed veterinarian is designated to under- take the professional supervision of the veterinary medical practice. If the veterinarian is a contractual employee of the clinic, does that practice provide the same longevity of service and commitment to community and clients as a small clinic owned and operated by the veterinarian?
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