message from TX-RPOA~TX Animal Shelters evading state law?~Taking Action for Animals
Heads Up! There appears to be another bill brewing for the upcoming Texas
Legislative Session from animal shelters regarding “ownership” of impounded
animals. Very informative (long) newspaper article at this link:
http://tinyurl.com/p3cgr5q
There is an ongoing effort now by city and private shelters to be declared
the “owners” of impounded animals immediately, so shelters can do as they
please with them. Adoptable animals are being transported all over the
country to other rescue groups or shelters and their real owners never get
them back.
The cities of Austin and San Antonio have contracts with Austin Pets Alive!
and San Antonio Pets Alive! (mentioned in article above) to handle all pet
adoptions and foster homes directly from inside city facilities in an effort
to become “No Kill” cities. These two organizations are headed by the same
person: Dr. Ellen Jefferson, an Austin veterinarian, who is alleged to be
in violation of state law in the article.
City “pounds” also appear to be upset because of a long standing state law
that there must be a full time veterinarian on duty.
Just a small quote from the article:
“Some have found ways to circumvent the rule, at least in the
short term. San Antonio and Austin have passed ordinances that allow city
shelter staff and volunteers to provide medical care by giving them caretaker status upon
intake. Private [rescue] groups have sought to be exempted from board
oversight by taking ownership of animals. That excludes them from the rule
because pets are classified as property under state law.”
(End of quotes.)
_____________________
Texas rule could threaten no-kill shelter movement
Does San Antonio’s “no-kill” goal bring unintended, detrimental consequences for some animals?
Strict enforcement of a previously obscure state regulation is threatening the no-kill movement across Texas and could result in animal shelters euthanizing tens of thousands of additional pets each year, advocates warn.
A “clarification” of state rules by the Texas Board of Veterinary Medical Examiners last August already has sparked a court case and caused widespread confusion among city officials and private groups.
The Houston Chronicle (http://bit.ly/1iSXXuf ) reports at issue is the veterinary care provided to animals in municipal shelters and privately operated animal rescue organizations.
Under its rules, the board requires the same level of medical care and attention for shelter dogs and cats as they would receive from a private veterinarian. That means volunteers and fosters cannot perform routine care, such as administering intake vaccinations, without a trained vet present. It also means shelter veterinarians must provide individual care to each shelter animal upon intake.
Shelters say requiring a veterinarian at all times would bust their budgets and reverse efforts to reach and maintain no-kill status of euthanasia rates at or below 10 percent. Without full-time vet staff, advocates say, shelters eventually would fall back on euthanizing more animals because state law allows trained staff to administer lethal injections.
“There’s no need for this policy,” said Rep. Jessica Farrar, D-Houston, a leading animal advocate in the Legislature who has sponsored humane treatment bills. “We already have high-kill shelters, and this would just exacerbate that. They’re just going to turn into euthanasia centers.”
Nicole Oria, executive director of the Board of Veterinary Medical Examiners, said the agency has interpreted the law in this way to protect public health and safety. Shelters, she said, will not be targeted by the agency because it only takes action when it gets a complaint.
But shelter veterinarians and their advocates worry that this could leave them open to investigations by disgruntled former employees, volunteers or rival groups. Some have found ways to circumvent the rule, at least in the short term.
San Antonio and Austin have passed ordinances that allow city shelter staff and volunteers to provide medical care by giving them caretaker status upon intake. Private groups have sought to be exempted from board oversight by taking ownership of animals. That excludes them from the rule because pets are classified as property under state law.
There is no such ordinance in Houston, where Greg Damianoff, director of BARC, the city’s animal shelter and adoption facility, said the rule could affect its low-cost wellness services.
“It basically would shut down my wellness altogether because I can’t afford to put a vet in there all the time,” he said.
The board said it clarified the vet rule after receiving several complaints. Last August, the agency said it “should not have any impact on legal veterinary practice in the shelters of Texas.” But the board has tried to discipline Dr. Ellen Jefferson, executive director of Austin Pets Alive! and San Antonio Pets Alive!, under the rule.
The Austin vet has helped that city become a model for no-kill municipal shelters. But the board attempted to fine her $2,000 and suspend her license after it received two complaints about care at her San Antonio facilities.
The first involved a volunteer who said a dog she was fostering died after Jefferson failed to treat it in person, administering medical advice over the phone. The second came from People for the Ethical Treatment of Animals, which alleged animal cruelty at SAPA!’s kitten facility. A city investigation found no proof of wrongdoing.
Jefferson sued the board, saying she was exempted from its oversight because she owned all the animals at the shelter, including those being fostered. State and national organizations have come to her defense.
“This interpretation not only prevents quality shelter veterinary professionals from adhering to the community standard of care, but forces them to practice below the standard of care or risk violation of the TSBVME rules,” wrote the Association of Shelter Veterinarians.
Jefferson and the board are in settlement talks.
Larry Tucker, a member of the Austin Animal Advisory Commission who helped spearhead the no-kill movement in that city, said he is concerned that the disciplinary action against Jefferson is retaliatory or an attempt to protect private veterinarians over those who practice at shelters.
“There is debate that they’re overstepping their reach, and they don’t even have the authority to enforce it,” he said.
Oria, the board executive director, denied that the agency is favoring private vets. General counsel Kate Fite confirmed that the agency has taken action against two private vets for selling or donating medication to shelters.
Tucker chalked up at least some of the current fight to bad blood in the animal care community. Lisa Norwood of the city of San Antonio’s Animal Care Services agreed, calling the local animal-rights community “a rumor mill” that hurts shared animal welfare goals: “How can we do that if we are riddled with infighting?”
Internal politics aside, Oria puts the onus for a fix on legislators.
“When the (Veterinary Licensing) Act was passed, no one had conceived of no-kill shelters,” Oria said, adding the state law is vague. “It’s our statute. It’s our Legislature. Please go seek a legislative solution.”
Farrar said she would be interested in sponsoring legislation to ensure shelters, both city and private, have the freedom to practice a more flexible type of medical care.
_________________________
Disclaimer connected to this blog…Things said are of my opinion and the opinions of others…Stay tuned -B
~ by topcatsroar on July 1, 2014.
Posted in Uncategorized
Tags: "Puppy Mill Bill", 501 c 3, abuse, abuser, Action Alert, Adam Roberts, ADULT BULLIES, Advisory Committee, AETA, Ag Community, Alcatraz for captive wild animals, AMCA Legislative Committee, American Kennel Club, American Malamute Club of America, American Society for the Prevention of Cruelty to Animals, animal abuse, Animal Agriculture Alliance, animal auctions, Animal Breeders, animal cruelty, animal enterprise, Animal interests, Animal Legal Defense Fund, Animal Lovers, Animal Owners, animal raid, animal rescue, animal rights activist, animal rights activists, Animal Rights Extremists, animal rights groups, animal sanctuaries, animal seizures, animal shelter, animal shelters, animals, anonymous "snitches", anti-breeder, APHIS, ASPCA, ASPCA: American Society for the Prevention of Cruelty to Animals, Attorney General of Texas, backyard breeder, BAD Bills, badguys, BARC, BCR, Big Cat Rescue, Big Cat Rescue Lies, Big Cat Rescue of Florida, Big Cat Rescue of Tampa Florida, Big Cats, Bill of Rights Violations, Bird, black beauty ranch, Blue Bonnet Equine Humane Society, Bobcats, bottle feeding, Brainwashed, brat attack, Breeder Bounty, Breeder Definition, Breeder's License Committee, Breeders, Breeders Advisory Committee, BULLSHIT, BULLY, Bullying, cancerous tumors, Carole Baskin, Carole Lewis, Carole Lewis Baskin, cat breeders, cat fanciers, cat sanctuary, cat shows, cats, Circus, city council, collection of animals, color of law, Columbus Zoo, commercial breeder, community, companion animals, condoned animal abuse, constitutional law, cub, cubs, current-events, Dade City, Dade City's Wild Things, David Favre, Democrate Party, Dog & Cat Breeder Law, Dog and Cat Breeder Bill, dog breeders, dog fanciers, Dog shows, dogs, Election, equal protection clause, escape, escapes, Exhibitors, Exotic Animal, Exotic Animals, exploitation, farm animals, Farm Bill, federal court, fourth amendment, fradulent donations, Frank Losey, fraud, fundraising schemes, Gary Fields, GFAS, GFAS Sanctuary, GFAS/HSUS, harassment, herds pf animals, Houston, HSUS, HSUS Anti-Breeding Bill, Humane Society of Marion County, Humane Society of the United States, HumaneWatch, Hunterdon, hunting, hunting dogs, illegal trade, inbred, Jack Hanna, Joe Exotic, Joe Schreibvogel, John Stossel, Justice Department, Justice of the Peace, Kill the Bill, killing, kitty mill, law enforcement, law enforcement officials, laws, lawsuit, legal theft, Legislative Committee, leopards, liger, lion, lion and tiger cubs, lion cub, lion tamer, Lions, Lynx, mainstream media, Malicious Prosecution, Martin Kralik, Mary Beth Duerler, Massacre in Ohio, mauling, National Geographic, Not for Profit EXTREMIST Organization, OHIO, Ohio Exotic Animal Law, People for the Ethical Treatment of Animals, personal property, pet breeders, pet groomers, Pet Limits, pet stores, PETA, petting, pictures with cubs, poached, poacher, Policing for Profit, politics, property, property rights, prosecution, puppy and kitty mills, puppy mill, racketeering activity, RADICAL Animal Rights, Raines County, Raines County Teas, regulations, Repeal the law, Republican Party, rescuers, responsible animal ownership, responsible pet owners, responsible pet owners alliance, Responsible Pet Owners Alliance Texas Outreach Crossposting, Responsible Pet Owners Alliance Texas Outreach February 25, RICO, RPOA, RPOA Texas Outreach, scheme, search and rescue dogs, Sheriff Lutz, Shimbla, show dog handlers, small monkey, smuggling, SPCA, SPCA of Texas, Sportsman, state legislatures, Taking Action for Animals, tax payer, taxpayer, Taxpayer dollars, Taxpayer expense, Taxpayer sponsored, taxpayers, TDLR, Tea Party, Texas, Texas animal Seizure Law, Texas Department of Agriculture, Texas Department of Licensing & Regulation, TEXAS DEPARTMENT OF LICENSING AND REGULATION, texas department of licensing and regulations, Texas election, Texas familiees, Texas Health and Safety Code 821, Texas House of Representatives, texas humane legislation network, Texas Humane Legislative Network, Texas Senate, Texas State Representative, THE TRUTH EXPOSED!!!, therapy animals, thieving American citizens, THLN, Tiger, tiger cub, tiger tamer, tigers, TPOA, True Blue Animal Rescue, TX-RPOA, unconstitutional general warrant, unconstitutional violations, US Bill of Rights, US citizen, USDA, USDA video, veterinarians, vigilantes, Wallstreet Journal, warrantless inspections, Wayne Pacelle, white lions, white tiger, wildlife sanctuaries, Wood County Texas, Working Dogs, zanesville zoo
Detrimental to the possibility of the return of any pet who has escaped from it’s owner, no matter the reasoning or circumstances involved. Shelters should never be able to take on ownership of animals in their care before a certain time limit…..even 30 to 90 days! Ownership to stolen property? Or ownership status is not given to a person who FINDS someone elses property! Say a diamond ring??? Or a very expensive dog or horse??? Or a car even…..when someone finds these, are they the IMMEDIATE OWNER??? NOTT!