Texas Law Prevents Veterinarian from Offering Consultations Over Internet
April 10th, 2013Via: U.S. News and World Report:
But in March—after more a decade of dispensing veterinary advice over the Web for a small fee— the Texas Board of Veterinary Medical Examiners sent Hines a letter claiming the department “has received a complaint alleging you have and are currently operating an internet consultation service which provides medical recommendations to clients.” This practice, the letter continues, “may constitute the practice of veterinary medicine in violation of the Veterinary Licensing Act 801.351.”
The law—which Hines claims he never heard about—says “a veterinarian-client-patient relationship may not be established solely by telephone or electronic means.” In other words, it has been effectively illegal to treat an animal over the internet in the state of Texas since the law was passed in 2005, at least in cases in which the veterinarian has had no direct contact with the animal in question. Since that first letter was sent Hines has faced fines and even a suspension of his veterinary license.
So Hines decided to fight the state, claiming the law is a violation of his free speech rights and is merely a product of economic protectionism.
…
Jeff Rowes, a lawyer for the Institute for Justice, a libertarian public interest law firm that has taken on Hines as its client, claims that the Veterinary Licensing Act is one of many state laws passed in recent years at the behest of industry groups that seek to inoculate themselves from outside competition.
Research Credit: SO
