Massage Therapist Sues Vet Board
Challenges Constitutionality of Vet Law
Vet Board Replies
Mercedes Clemens of Gaithersburg is not the first massage therapist to receive a cease and desist letter with threats of fines and more, but if she succeeds in court, she could very well be the last to receive such a letter.
It has become apparent to the staff of The Equiery that over the years, equine dentists and other non-veterinary animal wellness professionals have chafed under Maryland’s strict Code of Veterinary Practice, which essentially prohibits anyone from practicing any sort of animal physical wellness or therapy unless under the “direct” supervision of a licensed vet.
Under this code, certain health care professionals—such as farriers, individuals caring for their own horses, vet techs and acupuncturists—are exempt. Some dentistry is exempt, some not (see sidebar). Acupuncturists must be licensed to practice on animals by the State Board of Acupuncture as well as meeting other strict criteria within the Vet Code. Currently, the Maryland State Board of Chiropractic Examiners licenses massage therapists who work on humans. Mercedes Clemens notes in a June 10 press release and on her website that she is a licensed human massage therapist under the State Board, is privately certified in equine massage and is a Certified Equine Body Worker®. Unlike acupuncture, there is currently no license requirement for animal massage under the governing human board equivalent.
According to the website for the Institute for Justice (which is representing Clemens), as recently as September of 2003, the Maryland State Board of Veterinary Medical Examiners was on record as stating that it did not consider animal massage to be the practice of veterinary medicine, and therefore subject to regulation by the board, as long as massage therapists were careful to limit the claims they made about the benefits of massage. Clemens was scrupulous in ensuring that she made no false claims, and her website clearly states: “Massage and/or bodywork is used along with conventional and complementary health care as well as proper training techniques to enable a horse to perform at an optimum level. Massage or bodywork is NEVER a substitute or replacement for proper veterinary care. Horses should only receive massage and/or bodywork with veterinary consultation and approval. I am trained to work as part of a comprehensive health care team.”
In the last five years, however, the Vet Board appears to have reversed itself, and is now working in conjunction with the State Board of Chiropractic Examiners to shut down animal massage therapists (more on how they are working together will appear in the next issue). According to Clemens, “Both Boards [the Vet Board and the Maryland Board of Chiropractic Examiners] made their positions absolutely clear. I was informed by the Chiropractic board that if I continued my animal massage practice, I would face immediate revocation of my license to practice massage therapy on humans. The Veterinary board stated that licensed human massage therapists who practiced animal massage would be considered to be practicing veterinary medicine and would face criminal prosecution.”
This is not the first incidence of The State Board of Veterinary Medical Examiners sending cease and desist letters to “alternative” care professionals, including dentists; both The Equiery and the Maryland Horse Council have been contacted by health care practitioners who have received such letters. In the case of massage therapists, we have learned that they are often able to quickly resume practice by deleting a word or two from their marketing and including some sort of disclaimer (those therapists have been invited to share their stories in future issues).
Over the years, the MHC and other organizations have been asked to lobby to modify the regulations, a lengthy and often grueling process. Other than the accupunturists, who lobbied for their own modifications to the law, Maryland’s other complementary and alternative equine health care professionals are still working to organize themselves so they can present a cohesive proposal and one voice.
Clemens has decided to take a different approach: Rather than attempting to amend the law, she is suing the State Board of Veterinary Medical Examiners and the Board of Chiropractic Examiners for violation of her constitutional rights. “The Maryland Constitution protects my right to earn an honest living free from unreasonable regulations,” she explains. “That’s why I’ve joined with the Institute for Justice, a national public interest law firm with a history of defending economic liberty, [and why] we filed a lawsuit through the Montgomery County Circuit Court in Rockville, challenging Maryland veterinarians’ unconstitutional monopoly on animal massage.”
Will Clemens’ suit succeed in overturning Maryland vet law? Or is this a beginning of a dialogue that will ultimately amend the law?
The Equiery invites readers to share their experiences and thoughts on this issue, and will continue reporting on this topic in future “News & Views” columns. In the meantime, please visit equiery.com for more information.
Mercedes Clemens is a co-founder of The Equiery and was its art director for 15 years before retiring to practice massage.
In-State Herpes Testing Now Available
As part of the Maryland Department of Agriculture’s (MDA) ongoing work to expedite the identification and control of disease, the College Park Animal Health Diagnostic Laboratory is now able to perform polymerase chain reaction (PCR) testing for equine herpesvirus-1, the causal agent of a common horse disease often called “rhino.” This capability includes the neuropathic strain of the virus which causes neurologic herpes (equine herpes myeloencephalopathy), a significant disease of horses in the US.
The ability to detect EHV-1 neuro with PCR analysis will enable the industry and MDA to more quickly detect and more effectively respond to suspected and actual cases, reducing the adverse economic impact associated with actual and suspected outbreaks of this disease. Previously, samples collected in the field would be sent across the country for analysis using this same technique. The delay in receiving results meant that animals implicated in the disease investigation, but not infected, would be restricted longer while awaiting results. Reducing the turnaround time of the samples significantly reduces the time between suspicion of disease and a determination that the virus is or is not present, allowing the response activities to more properly focus on the infected animals.
MDA intends to make this available to equine veterinary practitioners soon and will also have that valuable asset available to assist in the management of suspected outbreaks of EHV myeloencephalitis. The goal is to provide same day results for swabs and blood submitted before noon most business days. PCR is now a common and often indispensable technique used in medical and biological research labs for a variety of applications.
Congress Passes Farm Bill
What is in it for you? – Courtesy AHC
On Thursday May 22, Congress overrode Presidents Bush’s veto of the Food, Conservation, and Energy Act of 2008, commonly known as the Farm Bill. The House passed the bill again on May 21, by a vote of 316 to 108. The Senate passed it a day later, May 22, by a vote of 82 to 13. Due to a clerical error one title of the Farm Bill concerning trade remains in limbo. However, all other titles of the bill including several provisions that benefit the horse industry are now law.
The Food, Conservation, and Energy Act of 2008 includes several provisions that benefit the horse industry.
1) Depreciation of Race Horses Shortened
The tax portion of the bill will amend the current depreciation schedule for race horses to make it uniform at three years.
With the passage of this provision, horse owners will no longer have to decide whether to place their race horse in service at the end of its yearling year, and depreciate it over seven years, or wait until the horse reaches 24 months and a day in order to use the three-year depreciation schedule. Beginning in 2009, all race horses will be uniformly depreciated over three years regardless of when placed in service. This means that an owner will be able to depreciate the horse twice as fast. This amendment will also end the inequitable situation of depreciating race horses over seven years, a period that is about twice as long as their actual racing life.
2) Equine Farmers and Ranchers Eligible for Emergency Loans Another provision in the bill makes horse breeders eligible for the first time for emergency federal loans following a disaster. This change includes “equine farmers and ranchers” within the group of producers specifically eligible for these federal emergency loans.
3) Horses Specifically Included as Livestock in Disaster Assistance Program The Farm Bill also includes a new disaster assistance program that will provide relief funds to farmers and ranchers who suffer losses in areas that are declared disaster areas by USDA. This program is intended to make funds available to producers sooner following a disaster. Horses are specifically included within the definition of livestock eligible for the program. ¡
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