We all know how irritating it is to read about a shelter employee who's been caught practicing veterinary medicine without
a license by dispensing prescription medication. Then we get annoyed when we hear about a chiropractor who's expanding his
practice by including dogs or horses on his patient list. It seems like everybody wants to practice medicine on animals without
the inconvenience of obtaining a degree or following the dictates and prohibitions of the applicable state practice act.
Christopher J. Allen
The other day, a boarding kennel contacted my office because it wanted to set up an LLC to provide hydrotherapy for wounded
dogs and cats. I politely told them that they really should worry about obtaining a DVM before they worry about creating an
LLC. The world is full of people trying to play fast and loose with their state's veterinary practice act. The question is:
Could you be unwittingly violating a state practice act? No way, you might say. But what you don't know could hurt you.
Ignorance is no excuse
You know how once in a while one of your clients will refer to your receptionist, technician or office assistant as a "nurse?"
The client says, "I gave Fluffy's stool specimen to your nurse up front." Well, in New York, most of us veterinarians weren't
aware until recently that the Empire State tolerates that kind of talk only from clients or customers, never from animal hospital
Turns out a New York veterinary practice had taken to this nomenclature and begun referring to its nonveterinarian employees
as "nurses." The term seemed harmless enough until a disgruntled client—a people nurse—contacted the state health department
and reported the practice. Shortly thereafter, government agents descended on the hospital and assembled all of the clinic
staff to present the following declaration:
"Intentionally referring, in a commercial setting, to a person who does not hold a license to practice nursing issued by the
New York State Department of Education constitutes a crime and a violation of the practice act governing nursing. The individuals
calling themselves nurses can be charged, and the professionals permitting it can be administratively sanctioned."
Who knew? I used to have a talented licensed veterinary technician named Martin who was often referred to by my clients as
"Dr. Martin," because he seemed to know more than a lot of my younger veterinarians. I hope the statute of limitations has
expired on the conspiracy charges I would face for allowing that kind of misconception to exist on my premises. And God help
the Rhode Island Veterinary Technician Association! If you Google that group, you'll discover that its members are blatantly
committing criminal mischief, according to New York's practice acts. Yeah, you guessed it. They're "providing quality nursing
care." Oh, the shame.
Know the rules governing other professions
There are probably a number of states out there that don't have a law against calling veterinary staff members "nurses." It's
hard to know where you stand with the practice acts of other professions unless life at your clinic is so slow that you have
time to read them all. Now, I know the technicians at our local computer repair shop (the Computer Emergency Room) come to
work dressed in white lab coats bearing nametags and refer to themselves as "computer physicians." As far as I know, they
aren't violating New York's Medical Practice Act.
What I do know is that in days gone by, if one of my colleagues ran out of amoxicillin and wanted to prescribe it for a pet,
he'd just write a note and send it with his client over to our office. We would read the note and send the folks home with
a little bottle of amoxicillin. Now we all know this is an apparent violation of the New York State Pharmacy Practice Act
or some such. Today, any and all medication-related notes must be written on a state-issued prescription form that is filled
by none other than a duly licensed pharmacist. To do otherwise would violate the practice act, which applies to pharmacists.
Though it may seem unfair, we're all charged with knowing the relevant aspects of not only our own practice act but also those
of a number of other professions in the state where we work. And in some instances, we have to use our best guess as to what
we and our staff members are allowed or not allowed to do in the clinic.