Scope-of-practice laws draw attacks

Laypersons challenge veterinary state boards in court

Veterinarians, like other licensed medical providers, have increasingly voiced concern over laypersons providing care without proper experience, training, or skills. The anxiety centers on quality of care, making sure there’s appropriate supervision in place. Nonveterinarians argue they are being hindered or excluded from their right to earn a living practicing their trade.

In a few instances, the conflict has played out in court, all led by one law firm, the Institute for Justice, which challenges a wide variety of government regulations. The Arlington, Va.-based firm has filed four lawsuits against three state veterinary medical boards in the past three years.

The Institute for Justice is defending lay horse teeth floaters and a lay horse massager from what it calls “elitist veterinary cartels” in Minnesota, Texas, and Maryland.

According to court documents, the civil liberties law firm is fighting against the state laws for their clients’ “constitutional right to economic liberty.” Institute for Justice attorneys claim these veterinary state boards have an established public policy of unreasonable occupational licensing restrictions.

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