Canines Unlimited - Healthy Alternatives

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CSHB297 (RLS) passed the Senate on April 11, 2008. Notice of reconsideration given by Sen. Therriault.

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CSHB 297(RLS) is in Senate Rules Committee. As of this typing, it is not listed on the Senate Calendar for April 10.

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CSHB 297(RLS) was read for the first time on April 5, 2008, in Senate Labor & Commerce. It was heard again on April 8, 2008, and was moved out of committee, with individual recommendations.

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The hearing for CSHB 297(RLS) has been moved up/added and is now scheduled for a hearing in Senate Labor & Commerce Committee, April 5, 2008, 11:00am, Beltz 211, State Capitol. The April 8, 2008, 1:30pm, Beltz 211 meeting is still on the committee schedule. Both are supposed to be teleconferenced.

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CSHB 297(RLS) is scheduled for a hearing in Senate Labor & Commerce Committee, April 8, 2008, 1:30pm, Beltz 211, State Capitol.

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CSHB 297(RLS) has passed the House, been sent to the Senate, read the first time on 3/27/08 and referred to Senate Labor & Commerce Committee.

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HB 297, HRUL(CS), passed the House on March 25. Rep. Gardner proposed an amendment relating to cruelty to animals, which failed to pass. Notice of reconsideration was given. The amendment may be taken up again today. Her amendment would not affect the issues I have been concerned with. In it's current form, it has taken out all the areas of concern to so many of us, and is about allowing student interns and veterinary help for wildlife veterinarians.

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This newest version of HB 297, is scheduled for a vote by the members of the House, next Tuesday, March 25, 2008. It could be amended on the floor, so that what goes to the Floor of the House, for a vote, might come out in a different form. So do keep checking on its progress.

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House Rules passed out a Committee Substitute that took out essentially most of the areas of issue that I have had, and is primarily about student interns. This Committee Substitute should be available on line later today.

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The House Rules Committee ran out of time before completing their discussion on HB 297. They will take it up again on Wednesday, March 19, 2008, 5:00pm

Amendments will be discussed and proposed. Understandably, there is a cut off time for getting correspondence into packets from when the Committee receives it. Letters and emails sent several days before the March 12 hearing did not get there in time for inclusion in the packets that were available for the public. Because the committees are swamped with many items for consideration, it is important to CC the members of the committee with your correspondence, in the event that letters written to the Chairman do not arrive in time for the printing of the packets for the Committee or public for each hearing.

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I have seen two HRUL versions (Work Draft L & V). Neither take care of my concerns. I have sent the following email to the HRUL Committee. Work Draft L, 3/7/08 (PDF version) is available below, under my March 11 note. I need to get Work Draft V, 3/12/08 scanned yet. I have been advised that the Committee meeting might be canceled today because of other legislation (budget) that they are dealing with. They have put in notice for a Monday, March 17, 2008, 5:00pm meeting, to take this bill up then, if it does not get heard today.

My March 12, 2008 Email to House Rules Committee

Dear Rep. Coghill, and members of House Rules committee:

This is to advise you that none of the four versions of HB 297 that I have seen (HB 297 orig., CS HB297 (L&C), Work Draft L, or Work Draft V) take care of 98% of my concerns on the various issues I have raised. Some of the technical amendments for bill clean-up may be okay, but because the issues I am concerned with have not been dealt with, I do NOT SUPPORT any of the four versions.

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This Proposed CS (HRUL) for HB 297, does NOT address any of my concerns about this bill (reference my two letters to the committee, below). It only does some technical amendments. I do not support this proposed CS.

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We have been informed that the House Rules Committee (Rep. Coghill, Chairman) will NOT be taking testimony on March 12, at the hearing. Public may be present to listen to the discussion. Please be sure to get written testimony to the Committee prior to the meeting so it can be put in member's packets. It is still a good idea to be available in person, in case there might be questions from the Committee members. Immediately below, I have placed a copy of the letter I sent them today, addressing other concerns I have with the legislation. Be sure to keep your legislators in the loop on this. Thanks.

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My March 10, 2008 Letter to House Rules Committee, with even more areas of concern, of how it affects us.

Canines Unlimited
P.O. Box 34496, Juneau, AK 99803 Martha Fischbach www.caninesunlimited.com
Ph/Fx: 907-790-DOGS (3647) info@caninesunlimited.com

Representative John Coghill, House Rules Chairman
State Capitol, Room 214
Juneau, AK 99801-1182

There are additional areas of concern that have come to light over this bill, and I would appreciate them being considered as well as my letter of March 3, 2008, by the Committee.

I would request that the Board continue to follow and conform to the Standards of Accreditation by their own professional organization, the American Veterinary Medical Association (AVMA) in licensing applicants. It seems a tremendous waste to simply throw away all the knowledge and expertise accumulated over the years by the AVMA about other programs throughout the world. It will take a lot of time and money for each member of the Board to "reinvent the wheel" and get up to speed on programs worldwide. The public member of the Board may even lack sufficient credentials themselves to be able to make a fair and knowledgeable assessment and recommendation on medical issues. And the time, money and process will have to be repeated each time a board member is replaced…a very costly proposition.

A previous board has gone on record choosing to make even a discussion between non-veterinarians about neutering a pet, a punishable offense. They decided they would deal with all the infractions on a case-by-case basis. A Board with similar intentions could easily happen again and all the criminals created by this bill, would not be protected by the good intentions of other Boards. Good intentions do not have the force of law. The "Good Samaritan" clause in this bill does not offer protection either, for normal, everyday care, nor care for healthy animals.

Fiscal Notes from Law and Public Safety seem to be in order, given the massive number of people (hundreds/thousands) who would be committing criminal acts on a daily basis, and need to be prosecuted. Of course the new laws would be expected to be equitably enforced throughout every community in the state. A Fiscal Note from Commerce is also needed, to process the huge number of new licensed veterinarians that will be required to provide the feeding, boarding, training, grooming, advice and other care which would become illegal upon passage of this bill.

The significant economic effects of HB 297 on events like the Iditarod, Quest, state fairs, and horse and dog shows should be evaluated. What will happen to the livelihoods of trappers, mushers, herders and farmers when they can't afford the cost of the veterinarian to do the necessary daily care when they (the owners) are unable to provide the care? Will they have to/be able to find a new profession? And what will happen to their animals…will they have to be sold, or even destroyed (because no one else can afford them either)?

A fair, thorough, impartial and accurate assessment of all the ramifications and costs of this proposed legislation needs to be done before further action is taken.

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HB 297 is schedule for a hearing in House Rules Committee, Wednesday, March 12, 5:00PM, Capitol Building, Rm 124. Please attend, testify or present written testimony/opinion, or ask for a teleconference, if you are not able to attend in person.

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My March 3, 2008 Email, with brief points on who, what, why, etc. this legislation affects almost every person or animal in the state, and steps you can take to voice your opinion about HB 297. Links to contacts and more information provided.

You are receiving this email because it has been suggested you would be interested in pending animal legislation (HB 297/SB 250) sponsored by Rep. Neuman, that would affect you. I have attached my letter to House Rules Committee, for your reference and information. The possible affect is staggering. The "who", "what", "why", etc. is below.

If you are not interested, read no further, just delete this email, and continue your life journey, with my blessings and thanks.

If you ARE interested, I request that you become informed, make your own decision, and take appropriate action. If it seems confusing, relax, breathe, and start with what does make sense to you, and go from there. Or call your legislator and ask THEM to explain it to you, it's their job, it's what you elected them to do, and they want to hear from you. Without going into too many details, here is the gist of the pending legislation, from my research and point of view:

Who does it affect?
The Iditarod, Yukon Quest, kennel clubs, dog and horse shows, fairs, 4-H clubs, farmers, kennel and stable boarding facilities, pet sitters, breeders, tourists, humane societies and rescue organizations, schools, dog mushers, pet owners and non-animal owners, pet stores, family members, trainers, groomers, retail shops, Search and Rescue, and more…all would be affected.

What does the legislation do?
Generally speaking, it pretty much limits all animal care or discussion to AK licensed veterinarians and you, the animal owner. Legally, the only people you can talk to about it would be yourself or a veterinarian. You or a licensed veterinarian would have to care for your own animal(s) (one small exception). Otherwise, you would be breaking the law.

How does it affect you?
Basically, this means you could not even talk about an animal's diet, grooming, training, supplements, etc. with your mother, spouse, children, friends, neighbors, strangers or even tourists. With one limited exception, no one else could care for the animals you owned, either, unless they were a licensed veterinarian.

Slightly more technical explanation…
You or anyone who spoke to another person about anything that would change the "physical or mental" condition of an animal, in the state of Alaska, could be subject to prosecution by the Veterinary

Board for practicing veterinary medicine without a license, unless you were an Alaska licensed veterinarian. You also could not render care, advice or recommendation, or even represent that you might, unless you were an AK licensed veterinarian, or an employee of the animal owner.

How can they do it?
By removing two words ("for compensation") in the definition of veterinary practice. Never, ever doubt the power of a single word (or two words, this time).

Can the Veterinary Board really do this?
Yup, if you don't object and you let your legislators pass it.

What can you do?
If you don't want this to become law, voice your objection (call, email, fax, testify during committee meetings, submit letters to committee for inclusion in the record) to your legislators and get others to do the same. Flood your legislators and committees of referral with your opinion/feeling on the matter. Make sure your objection (or agreement) gets officially on the record, in the committee meeting minutes, or it could just go by the wayside. You can request it be read/recorded into the minutes record, if you cannot be there to do it. Follow up and make sure it did. See "How you can help" below!

Why are they doing this?
I guess you will have to ask your veterinarian, or the Veterinary Board, why. Why do you suppose people try to make something a "closed shop" (my opinion), and limit care rather than expand it? Of course there are always a few "bad apples" in the bunch, and I don't think anyone wants animals harmed. But making almost everything illegal, so they can use their "discression" about who/when/if they want to prosecute isn't an acceptable solution to me.

Noone could really seriously be trying to do this, it is too absurd and far-fetched.
Wrong. Even if it wasn't intended, it is very real, it exists, and could easily become law. Read it for yourself.

What has happened so far?
In the House of Representatives, it had only one committee of referral, Labor & Commerce (L&C), where it had one hearing on Feb. 8, 2008, and was passed out of committee. You can listen to the meeting yourself, on your computer…go to Gavel to Gavel at http://w3.legis.state.ak.us/. (Put in February, 8 on calendar, click "New date",and then click on Labor & Commerce Committee. I think on the surface and from the Sponsor Statement (see http://w3.legis.state.ak.us/) , most people see it as "Motherhood and Apple Pie", and patriotic because it has been described as allowing veterinary student interns to work under mentors in the state (a good thing), and protects the public from liability for certain acts of kindness and assistance to injured animals (Good Samaritan clause). Voting FOR this bill in committee were Gardner, Buch, Neuman (sponsor), Gatto, Ramras and Olson; LeDoux voted No Rec. It is currently in House Rules, where it could be scheduled for a House Floor vote any day. If it passed, it would go to the Senate side, with half its journey to complete passage done.

In the Senate, it was also introduced as SB 250 (same bill, just labeled for the Senate side). It was referred only to Senate L&C, where it currently sits. It has not yet been scheduled for a hearing. The Sponsor Statement http://aksenate.org/index.php?bill=SB250 from Sen. Huggins, is different from Rep. Newman's Sponsor Statement, brings up other issues, and more explicitly explains some of the tightening of definitions (like "consultation").

How can you help?
Let me count the ways (contact info is below the list):
1. Immediately contact Rep. Coghill, Chairman of the House Rules Committee, and Sen. Huggins, Chair of Senate L&C, and ask them to HOLD this bill (HB 297/SB 250), for further study…it has major flaws. Leave 'for compensation" in the definition of veterinary medicine. CC all the members of the committees with your communication, too, so they all know. Write, call, send POMs, email, fax…whatever works for you. With the shorter session now in place (90 days, ends April 13), we have less time to be heard and get bills changed.
2. Contact your Senator and Representative in the Legislature, and make THEM aware of its possible ramifications, particularly on yourself and your circumstances.
3. Pass the info on to others and urge them to educate themselves on the issue, and act accordingly. Don't just take my word for it. Go to your Legislative Information Office http://w3.legis.state.ak.us/misc/lios.php and get help (you can even call them) in getting your voice heard and understanding the process.
4. TRACK what's happening: http://www.legis.state.ak.us/basis/btmf_login.asp?session=25
Technology allows you to even get emails sent to you when something official happens with a bill your are tracking!
Act NOW! Even if it is tax time, and Iditarod is happening, and the dog is barking and the laundry needs to be done…so you don't have to regret it later. It is time consuming, but even ONE phone call or email will help. If you don't communicate somehow, they will never know you cared.

CONTACTS:
Public Opinion Messages on-line form, free: http://www.legis.state.ak.us/poms/
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(I think you will have to copy/paste the email addresses listed below into your emails)
House Rules Committee:
representative_john_coghill@legis.state.ak.us (chairman)
Members: representative_beth_kerttula@legis.state.ak.us; representative_anna_fairclough@legis.state.ak.us; representative_john_harris@legis.state.ak.us; representative_craig_johnson@legis.state.ak.us; representative_ralph_samuels@legis.state.ak.us; representative_david_guttenberg@legis.state.ak.us

Senate Labor & Commerce Committee,
Senator_Johnny_Ellis@legis.state.ak.us Chairman
Members: Senator_Lyman_Hoffman@legis.state.ak.us; Senator_Bettye_Davis@legis.state.ak.us; Senator_Gary_Stevens@legis.state.ak.us; Senator_Con_Bunde@legis.state.ak.us
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Let me know if you would like to be on an email list for information/updates to these proposed laws. I will attempt to put something together. Please keep tabs on things for yourself anyway, in case I am gone, not available or miss something.

I accept full responsibility for the content of this email. For any omissions, typo's/computero's, or unintended errors, I beg your forgiveness…and please let me know immediately, so I can correct it, so only accurate information goes out.

Canines Unlimited/Martha Fischbach
www.caninesunlimited.com
907-790-DOGS (3647) ph/fx

My March 3, 2008 Letter to House Rules Committee, with areas of concern, of how HB 297 affects us.

Canines Unlimited
P.O. Box 34496, Juneau, AK 99803 Martha Fischbach www.caninesunlimited.com
Ph/Fx: 907-790-DOGS (3647) info@caninesunlimited.com

Representative John Coghill, House Rules Chairman
State Capitol, Room 214
Juneau, AK 99801-1182

HB 297 is currently in Rules Committee. This bill has significant ramifications on Alaskans, animal care and economics in this state, and needs serious, thorough study before moving further.

I applaud the Veterinary Board's wish to allow and protect veterinary students in Alaska, and the concept of a Good Samaritan clause that may protect some people rendering treatment to ill or injured animals.

However, in their zeal to further animal care in Alaska, they are amending the definition of the practice of veterinary medicine, removing "for compensation" from that definition. With few exceptions, and unless you are an Alaska licensed veterinarian, this will essentially make discussion of animal care, or care by anyone other than the animal's legal owner (or uncompensated employee), practicing veterinary medicine without a license, an unlawful conduct.

The current definition of the practice of veterinary medicine is very thorough, and applies to any "physical or mental" change, any recommendation, or any representation of that, for compensation. The ramifications of removing those two words from the definition touch anyone who communicates about animal care, and any non-owner who feeds, or grooms an animal or renders any kind of care or information that changes the physical or mental condition of the animal (exception for uncompensated employee of owner).

What/who would this affect? The Iditarod, Yukon Quest, kennel clubs, dog and horse shows, fairs, 4-H clubs, farmers, kennel and stable boarding facilities, pet sitters, breeders, tourists, humane societies and rescue organizations, schools, dog mushers, pet owners and non-animal owners, pet stores, family members, trainers, groomers, retail shops, Search and Rescue…all would be affected. Daily, at least hundreds (maybe thousands?) of infractions in the state, would take place, as people talk about animal care and provide care and recommendations for animals they do not own. It may take years to get enough new veterinarians in the state, licensed and practicing, to provide the daily care and advice for all the birds, beasts and fish in the state. If Alaskans (and others) abide by the proposed law, both citizens and animals will suffer, defeating the ultimate goal of providing good animal care. Ultimately, animals may receive less care, countering the best interests of pets and people in the state. It prevents animal owners and non-owners from experiencing and benefiting from the knowledge and experience of other humans. Rural Alaskans, with no local veterinarian, are already underserved, and this will make it worse.

This bill and its complicated issues should not be allowed to go to the floor without further study of its far reaching affects. I would be happy to provide further information if needed. Thank you for your consideration.

Copyright 1998-2008 Canines Unlimited, All Rights Reserved
Canines Unlimited
Martha Fischbach, Owner
P.O. Box 34496, Juneau, Alaska 99803
Shop: 4191 Taku Blvd., Juneau, AK 99801
Phone/fax: 907-790-3647
E-mail: info@caninesunlimited.com