Welcome to the National Veterinary Law Center at Mandelbaum Salsburg's newsletter,
VetNews
. Inside this issue you will find valuable articles on topics
that may impact your practice.
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Pot for Spot?: Legal issues surrounding the treatment of veterinary patients with Cannabis
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California has become the first state to give veterinarians the legal protection to discuss medicinal cannabis as a form of animal treatment, but the question is should other states follow suit? Under federal law cannabis is strictly illegal and is considered a schedule 1 controlled substance; which makes many veterinarians afraid to discuss cannabis use with pet owners due to the guidelines of their professional licenses. Federal law is extremely different from the various state laws which may allow medicinal/recreational use of cannabis. However, state issued laws regarding the consumption of cannabis in humans do not apply to use in animals. CBD infused products have swept the market, due to the increase in the legalization of medical and recreational marijuana throughout the United States. These factors have led many pet owners to question whether it is safe to treat their pets’ ailments with medicinal cannabis, but in 49 states they are not allowed to discuss this proposition with their veterinarian. The reluctancy from veterinarians to discuss cannabis treatment for their patients has led patients to take their animals’ treatment into their own hands, with many pet owners conducting online research and treating their animals with unregulated products that contain cannabinoids. According to a 2018 study conducted by Colorado State University’s veterinary medicine researchers, almost eighty percent of 1,068 dog owners who participated in the survey admitted to buying cannabis infused products for their pets.
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Heir to (Your) Throne: Pets and Inheritance
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Pets are valued members of our families, and it is our job to do everything we can to protect them. Considering this, it makes sense that there has been a rise in pet trusts over the last decade. A pet trust is a legal arrangement in which the pet owner can establish legal protection for the pet(s) in the case of the owner’s death or incapacitation. While the regulations for pet trusts vary from state to state, pet trusts generally mirror any other form of trust; with the beneficiary being the pet, and the trustee being the person who gains legal title to assets for the benefit of the pet. It is common for the pet owner to appoint a guardian, who is appointed to physically care for the animal. For extra security it is possible to appoint an enforcer to make sure the terms of the trust are being followed to the pet owner’s specificity. In addition, it is possible to name a remainder beneficiary in the trust, allowing for an individual or organization to receive any excess funds when the pet becomes deceased; we recommend donating the funds to charitable organizations focused on the care and safe placement of other animals. A pet trust can also be arranged as an inter vivos trust, which means it can take place during the pet owners’ lifetime, if the pet owner ever becomes
incapacitated,
giving the pet full protection and security through the life and death of their owner.
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When Two-Legged Epidemics Reach Our Four- Legged Friends: Veterinarians and the Opioid Crisis
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It is common knowledge that an opioid epidemic has been sweeping the nation, but many veterinarians do not realize that they have a responsibility to help curve the abuse of pain medication in their practice. Opioids are extremely powerful pain-relieving medications, that are commonly prescribed to treat intense pain. However, these drugs are also extremely addicting, and can cause overdoses in humans and in pets; but the pets are not the problem. Recently a study was conducted by the Colorado School of Public Health, which concluded that a large amount of the veterinarians who were surveyed were concerned that their clients have intentionally hurt their pets in the hope of receiving a prescription for pain killers. Out of the surveyed population, almost forty five percent of the veterinarians knew a pet owner or employee who was abusing opioids. In addition, the University of Pennsylvania Veterinary medicine school analyzed the number of opioids dispensed at their veterinary school for ten years, and concluded that prescriptions rose forty-one percent annually, when the number of new patients only rose thirteen percent.
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About the National Veterinary Law Center at
Mandelbaum Salsburg
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Led by attorney Peter H. Tanella, Esq., the
National Veterinary Law Center at Mandelbaum Salsburg
is a highly experienced practice group within the law firm. This practice counsels veterinarians on the many business and legal challenges involved in every aspect of practice transitions, including but not limited to, acquisitions and sales of practices, management services organizations, start-ups, and associate buy-ins.
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