Legislative Challenges:The Oklahoma Experience

� House Bill 2737 introduced by Representative Brian Renegar DVM at the request of Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD)

� HB 2737 changed the practice of medicine without a license from a misdemeanor to a felony ( for veterinarians, osteopathic physicians and dentists)

� HB 2737 went into effect November 1, 2008

When unlicensed individuals were in possession of veterinary drugs and were involved in an OBNDD case this bill gave OBNDD the ability to charge those individuals with a felony

� Arrest of “tooth-floater” Bobby Griswold by OSBVME

� Arrest follows 4 Cease and Desist letters sent to Mr. Griswold over previous 4 years Newsok.com

�Mr. Griswold was NOT arrested because he was floating teeth, but because he had in his possession 13 bottles of prescription drugs (detomidine & xylazine)

www.cappsmanufacturing.com

However teeth floating became the focus of the legislature and of the media

From the Daily Oklahoman Newspaper March 15, 2009“Well known Oklahoma rodeo star Bobby Griswold is complaining a new law is absurd after his arrest of doing illegal dental work on a horse.”

“On March 4, the cowboy became the first person in Oklahoma arrested under a new law that makes it a felony to do dental work on horses without a veterinary license. Before Nov. 1, a violation of the law had been a misdemeanor.”

His arrest has caused an uproar in the state horse industry, with his supporters contacting legislators to try to get the law repealed. Some are listening.

"It’s a big mistake,” said Rep. Charles Key, R- Oklahoma City . "We need to fix that because it’s way too harsh.”

“Tooth-floaters” in Oklahoma were well organized with much public support including horse owners who wanted the ability to choose for themselves who would work on their animals

ANDOSBVME could not commenton the case based upon advice of their attorney

� Initially the OSBVME asked that OVMA take the lead in negotiations with legislators and other interested groups based on the premise that individuals serving on a State Board should not lobby legislators

� However, within a short time some OSBVME members were heavily involved in lobbying legislators

The approach taken by these OSBVME members (and some individual veterinarians) was not always appreciated by Legislators and these individuals were told on more then one occasion

“The legislature tells State Boards and Agencies what to do. State Boards and

Agencies DO NOT tell the legislature what to do.”

Veterinarians should have listened

Before you kill themessenger……

� We may or may not like or agree with the way individual Legislators do business but the fact is that when veterinarians want to influence the legislative process- we are playing in their sandbox and to at least some extent-theyget to make the rules.

www.cinematography.com

We may be right

But you can be right and still lose

Finding a workable solution became less important than

who was right who was wrong

ANDwho had the biggest stick

� Senate Bill 452 passed which reverted the practice of veterinary medicine without a license back to a misdemeanor (remained a felony for osteopathic physicians and dentists)

�SB 452 was not supported nor was it opposed by the Oklahoma Veterinary Medical Association-OVMA remained “neutral”

� Oklahoma veterinarians had played “catch-up” throughout the legislative session

� Veterinarians lost the public opinion battle and several very well funded and powerful farm groups were opposing veterinary interests

• Legislators agreed to request interim studies to find an agreeable compromise to the “tooth-floater” issue prior to the 2010 Legislative session

•

• OVMA lobbyist (had been with the OVMA for 23 years) advised that there were bills that could be modified and passed at the last minute of the session which could be far worse than SB 452

“The OVMA is deeply concerned that the practice of veterinary medicine without a license should be a felony when it involves controlled and prescription drugs due to the potential harm to the citizens of Oklahoma, their livestock and pets. We look forward to voicing these and other concerns to amending the Veterinary Practice Act in an interim study.”

� Many Oklahoma veterinarians including OVMA members were not happy with this decision

� OVMA, OSBVME, veterinarians serving in the Oklahoma House of Representatives and individual veterinarians in Oklahoma had many different opinions (and all were willing to express-loudly)

� As a result of all the events of the 2009 legislative session including some veterinarians who openly accused them of “selling out”, the OVMA lobbyists decided (after 23 years) that they could no longer work for the association

� House Ag Committee would conduct the studies

� Tooth-floaters found a champion◦ Chair of the House Ag Committee

� Rooms were packed with tooth-floater supporters (including horse industry, and some veterinarians)

� Very few veterinarians opposing the tooth floaters were in attendance

Interim StudiesInterim Studies� First big indication of how naïve and inexperienced we were

� We believed what we were told

� We believed they would do the “right” thing

� We learned a very hard lesson

◦

Ad in Lawton OklahomaNewspaper 1/17/10

Ad in Altus, Oklahoma Newspaper 1/24/10

Neither of these were placed by or with the knowledge of OVMA (although OVMA did get the “credit” for them from the State Legislators who were “called out”by the ads)

�OVMA has a new Lobbyist�HB 3202 introduced by Representative Armes

� SB 1999 and SB 2000 introduced by Senator Schultz

� Language in both of these bills open the door to allow reproductive services to be performed by lay people

� Along with the language that allows anyone to perform acts of “Animal Husbandry” it becomes even more apparent that Oklahoma Farm Bureau, Oklahoma CattlemensAssociation, and other agricultural and farm groups strongly support this legislation

•Some of these groups wanted NO compromise, others recognized that some compromise was inevitable.

OVMA(official

position)OVMAlobbyist

*VeterinaryLegislatorsOSBVME

**OVMA(unofficial position)

*3 veterinarians serve in theOklahoma House

**OVMA members who did notagree with the official position

2010- The Perfect Storm

• Powerful Farm Bureau lobby• Powerful legislators who were NOT friends to veterinarians

• Unfavorable public opinion• Involvement from out of state interests (Institute of Justice)

• Conflicts within our profession-aired very publicly

� The OVMA list serve proved to be a mixed blessing for the Association

� Several Legislators who opposed veterinarians had real time access (don’t know how)

� An OVMA Past-President posted “OVMA Board Wimps Out-AGAIN”

� Some other posts were personal attacks on both fellow veterinarians and Legislators

� After a very long and contentious legislative session which saw veterinary groups openly disagreeing about how to deal with the pending legislation, HB 3202 passed the House and was sent to the Senate

� Several Senators told OVMA that they recognized HB 3202 was not good legislation and they had planned NOT to hear the bill

�However, after the ad appeared in the Daily Oklahoman HB 3202 did (quickly) come to the Senate floor and was passed

�OVMA also lost its’ second lobbyist in 2 years due to the Oklahoman ad and the actions of a small group of veterinarians(There was so much anger in the legislature directed towards veterinarians that it was negatively impacting our lobbyist’s other clients)

� OVMA Executive Committee members reached out to Representative Armes and Senator Schulz and other Key legislators

� The proverbial olive branch was offered

� After good results, we reached out to the Farm Bureau, Cattlemen’s Association and other agriculture groups in hopes of repairing relationships and working together

� It is important to be proactive with the media◦ Veterinarians must talk to the public about what we do ◦We need to do this BEFORE there is a crisis

� A VMA list serve can work both for and against you◦ If you use a list serve consider a “members only” area to limit outside access (remembering NOTHING on a computer is really private)

� Veterinarians serving as legislators can be a mixed blessing (they understand our issues but the VMA gets all of their personal “baggage”)

When someone was mad at a legislator who happened to be a veterinarian, they were mad at all of us

•There are groups who have powerful lobbies and far more money then many VMA’s have, we are naive if we believe, politically speaking, that money does not talk

HOWEVER…………….

�Developing working relationships with our personal legislators is critical too

� Become their “Go To” person on animal and agricultural issues.

� If you are going to poke a tiger in the butt with a sharp stick, you better have a plan in place to deal with his teeth

� HB 1310 adds the wording “consisting of” to the definition of Animal Husbandry

� Defines the rules for tooth floaters� Defines non-veterinary reproductive services� Defines embryo transfer� Creates a Animal Technology Advisory Committee - to make recommendations on evolving technology, procedures, practices considered an act of animal husbandry

� Passed the House: 84 -7

� This past Wednesday passed the Senate: 41-0

� Is on it’s way to the Governor

When all groups involved are working together for the best results, it can work