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Murphy joins AVMLA Board of Directors
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Mike Murphy, DVM, JD, PhD, most recently a veterinary medical officer with the Center for Veterinary Medicine at the Food and Drug Administration, joined the AVMA this past October as director of the Division of Animal and Public Health and most recently as a member of the AVMLA's Board of Directors.
During his FDA tenure, Dr. Murphy was the agency's representative to the AVMA's task forces on the model veterinary practice act and antimicrobial stewardship in companion animal practice. He also was a member of the AVMA Judicial Council and the Association's committees on antimicrobials and veterinary specialty organizations.
Prior to joining the FDA, Dr. Murphy was a professor at the University of Minnesota College of Veterinary Medicine. He joined the faculty in 1987 to coordinate the veterinary college's toxicology program, provide diagnostic services, and teach veterinary and graduate students about toxicology. He retired from the university in 2009 as professor emeritus.
Dr. Murphy is a 1981 graduate of the Texas A&M University College of Veterinary Medicine & Biomedical Sciences. He has a doctoral degree in toxicology as well as a law degree, Dr. Murphy received his J.D. from William Mitchell College of Law, St. Paul, MN, in 1999. Dr. Murphy is a diplomate of both the American Board of Veterinary Toxicology and American Board of Toxicology.
"The AVMLA is delighted to have Dr. Murphy join our board of directors," said Frank Muggia, AVMLA National President. "Dr. Murphy has been a long-term supporter and valued member of the AVMLA. His experience in mixed animal practice, veterinary diagnostic laboratories, academia, and most recently the Center for Veterinary Medicine at the FDA will be beneficial in helping advance the goals of the AVMLA."
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AVMLA to exhibit at WVC - Booth 722
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AVMLA is excited to be exhibiting at WVC in Vegas, come see what's new with AVMLA drop by booth 722!
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By: John F. Scott, DVM, JD, Scott Veterinary Services
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The presentation of court cases involving veterinary medicine is provided as a benefit to all AVMLA members. Our membership consists of both lawyers and veterinarians, some of whom have substantial interest in veterinary law as well as those who are new to the field. Consequently, I try to provide current cases when possible, but will also provide older cases if they consider a basic principle of veterinary law, especially if that principle differs from the law as it is applied to other areas. I encourage your comments on how to make this section better and also solicit cases you become aware of which might be published in this format. In order to save research time and expense, if possible please provide a written copy of the entire case in pdf format. If you only have a cite to a legal reporter, I will try to locate the case and consider it for publication. You may contact me at
jscottlaw47@aol.com
or telephone 806-231-4678, John F. Scott, DVM, JD
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BOARD ACTION FOR VIOLATION OF PRACTICE ACT BY VERBALLY HARASSING THE OWNER OF A PATIENT ANIMAL
Nelson v. State Bd. Veterinary Medicine, 863 A. 2d 129 (Commw. Ct. Pa 2004)
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OWNERS OF A DOG SUED VETERINARIAN FOR NEGLIGENCE AND
MISREPRESENTATION UNDER THE DECEPTIVE TRADE PRACTICES
ACT FOLLOWING THE DEATH OF THE DOG AFTER SURGERY.
Downing v Gully, 915 S.W. 2d 181 (Ct. App 1996)
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From Bees to Livestock: The AVMA Continues to Advocate for Animal Health and Safety
AVMLA National President
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The AVMA has been working tirelessly toward a federal regulation that would govern the use of medically important antibiotics in animal feed in an effort to promote animal health and welfare, and in turn, human health. The Veterinary Feed Directive ("VFD") mandates that producers of livestock and other food producing animals obtain veterinary approval before using feed containing "medically important" antibiotics. The overarching goal of the VFD is to address concerns that using antibiotics in food are contributing to antibiotic resistance in people. With the new regulation in place, antibiotics may no longer be used to promote growth, feed efficiency, or milk production; they are to be used only where deemed medically necessary.
Under the VFD, a valid veterinarian-client-patient relationship (VCPR) must be established before an antibiotic order can be placed. Veterinarians must also demonstrate compliance with state and federal laws related to the VCPR. Under federal guidelines, a VCPR exists where the veterinarian: (1) assumes responsibility for making medical judgments regarding the health of the animal and the need for medical treatment; (2) has sufficient knowledge of the animal's health to make a general or preliminary diagnosis; and (3) is readily available for follow-up in case of an adverse reaction or failure of the therapeutic regimen. Notably, all of this information also applies to honey bees, the only insect that is considered a food-producing animal. Prescriptions required under the VFD can be filled from a licensed pharmacy or feed mill.
For our friends with fur, fins, feathers, and the like, the AVMA is currently advocating for new federal regulations that would allow veterinarians to compound medication to provide more specific treatment. Compounding involves the mixing, diluting, concentrating, or changing of a drug's form to accommodate the needs of an animal that are not met through the use of an FDA-approved drug on its own. Given the variety of species and breeds treated by veterinarians, it is important to have some flexibility in the administration of potentially life-saving drugs. However, if compounding is done incorrectly, it could result in prolonged treatment needs, treatment liability, or enforcement action by state or federal authorities. Nonetheless, the FDA has recognized that there are limited circumstances where their approved drugs, even when compounded, do not work. In those circumstances, veterinarians are able to use compounds including bulk drug substances from outsourcing facilities without the risk of an enforcement action. The AVMA continues to work with the FDA in hopes of ensuring ease of access to patient-specific compounds without risking the licensing of those working hard to save animals in dire need.
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Thank you for your continued support of the AVMLA!
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American Veterinary Medical Law Association
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