Special Report. State of Oklahoma. House of Representatives. Agriculture and Rural Development Committee. Interim Study Number 24

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1 Special Report State of Oklahoma House of Representatives Agriculture and Rural Development Committee Interim Study Number 24 The Oklahoma Veterinary Practice Act And Equine Dentistry November 10, 2009

2 Special Report Prepared for The State of Oklahoma House of Representatives Agriculture and Rural Development Committee Interim Study Number 24 The Oklahoma Veterinary Practice Act And Equine Dentistry November 10, 2009 TABLE OF CONTENTS: Executive Summary. Page 3 Detailed Findings of Fact. Page 4 Recommendation..Page 15 Proposed Legislation Page 16 Index of Referenced Speakers. Page 18 Contact Information: Rep. Don Armes, Chairman, House Agriculture and Rural Development Committee 2300 N. Lincoln Blvd. 433B, Oklahoma City, OK / Tel: (405)

3 Executive Summary: Since Bob Griswold s arrest on March 4, 2009, citizens and lawmakers have expressed concern about the future of the equine dentistry in Oklahoma. Some claim that the practice of horse teeth floating should only be done by licensed veterinarians, while others argue that nonveterinarians, who have floated horses teeth for centuries, should be allowed to perform this basic husbandry task. To gather information about the issue, the House Agriculture and Rural Development Committee invited industry leaders, veterinarians, husbandry professionals, and horse owners from across Oklahoma to testify on Nov. 10 about equine dentistry and the veterinary practice act. This report documents the Committee s findings including this summary: Horse Owners Demand a Choice of Providers for Equine Dental Services. Horse owners attest that teeth floating services from non-veterinarians are as good as, and usually better than, those from veterinarians. Restricting teeth floating to veterinarians makes services scarce and prices high. Horse owners trust equine dentists with specialized skill and experience; many owners livelihoods depend on the condition of their horses. The Veterinary Practice Act Is Broadly Written and Anti-Competitive. Competition is halted by a definition of practice that fences out nonveterinarians who provide animal husbandry services, like equine dentistry. Practice includes typical acts of animal husbandry, including farriery, pregnancy tests, horse teeth floating or any change to an animal s condition. Ordinary Oklahomans might accidentally violate the practice act simply because they care about the well-being of animals. Exemptions in the Practice Act s Exceptions Are Illogical. Despite claims that licensing is required for reasons of health and safety, the practice act allows untrained veterinarians to float teeth. Nearly all veterinary schools do not require horse teeth floating or equine dentistry as a requirement for graduation. Even untrained employees of a horse owner or veterinarian may legally perform equine dentistry under the act. Equine Dentists and Husbandry Practitioners Pose No Threat to Horses. Husbandry services like horse teeth floating present almost no risk to horses. If non-veterinarian dentists could resume their work legally, more horses will receive care and live longer, healthier lives. Veterinarians that wish to offer the service could still do so by competing against equine dentists in the marketplace. 3

4 Detailed Findings of Fact: Horse Owners Demand a Choice of Providers for Equine Dental Services. Horse owners, both professional and recreational, demand the right to use experienced horse teeth floaters and equine dentists. They testified about the quality of the services received from non-veterinarian floaters and the relationships they have built with these experienced professionals. Some compared the results from veterinarians to those of equine dentistry specialists and expressed their strong preference for work of a dedicated horse teeth floater. Horse owners trust the technical skill and experience of their equine dentists, and in many cases, the owners livelihood depends on the quality of their horses. Five-time Saddle Bronc Riding World Champion Billy Etbauer of Edmond said that he ought to be able to choose who floats his horses teeth. Comparing his obligations to his horses to his obligations as a father, he testified, It should be my choice to decide what is the best thing for my kids and my horses. 1 Many others joined him in this sentiment. Independent horse tooth floater Larry Symes of Norman pointed to another reason that Oklahomans deserve the right to choose who cares for their horses teeth. With 34 years of experience in the trade, he testified that Long-established clients demand my services. They can choose their veterinarian if they want, but they choose to have me float their horses teeth based on their knowledge and the benefits that I give their horses. 2 Equine dentist Bob Griswold of Geary agreed when he testified, When horse owners need the veterinarians, they call them. When horse owners need a specialist, they should have the right to call a specialist, whether it s a farrier, an equine dentist, or a massage therapist. 3 Josh Wallace, an instructor at the Texas Institute of Equine Dentistry in Weatherford, TX, insisted that his experience, along with his advanced degree in equine dentistry and master s certification, make his services as a horse teeth floater useful to veterinarians. He floats teeth in veterinary clinics, but he also makes house calls for horse owners that would prefer not to transport their horses for the service. 4 1 Equine Dentistry Study Before the H. Comm. On Agriculture & Rural Development, 52nd Leg. 16:22-23 (Okla. Nov. 10, 2009) [hereinafter Equine Dentistry Study]. 2 Id. at 14: Id. at 28: Id. at 51:

5 Equine dentist Dustin Lucas of Oklahoma City testified that he floats teeth for the horses of Some of Oklahoma s top trainers, as well as doctors, lawyers, senators, police officers, sheriff deputies, human dentists, registered veterinarian technicians, [and] veterinarians. In addition to serving enough clients to keep him booked a solid two or three weeks in advance, he floated teeth at the Oklahoma Equine Hospital and upon referral from several equine veterinarians. 5 Kevin Rhoades of Purcell observed that horse owners have proven themselves capable of regulating husbandry services on their own. He testified, [T]here is no group that networks more than horse owners. We talk about the good vets and the bad, we talk about the good farriers and the bad, and you can bet your bottom dollar we talk about the good dentists and the bad. 6 The economic impact of the horse industry in Oklahoma is huge. Former President of the Oklahoma Paint Horse Club Robert Hubbard of Yukon testified that the horse industry brings $3.5 million a day into the state s economy, which involves some 117,800 Oklahomans. 7 The economics of the horse industry are especially personal to Mary Burger of Pauls Valley, ninetime American Quarter Horse Association World Champion. She relies on the expertise of horse teeth floaters like Griswold and Symes, both of whom she has personally hired. Without them, she testified, my futurity training is a real problem. I do need them to continue my career. 8 Lanita Powers of Edmond agrees. She also trains futurity horses, and described the importance of health in her testimony. We depend on those horses for our living, and we need to be able to choose the right person to work on our horses teeth. She expressed concerns about the potential impact of losing the services of skilled equine dentists (Mr. Griswold and Mr. Symes among them), and testified, [T]eeth are a huge, huge issue...we win by a fraction of a second. She described the risk to her livelihood. Any time you have any kind of health issue, you are not going to win...it is eating or not eating when your horse doesn t win. 9 Horse owner Candy Human of Meridian chooses a non-veterinarian floater for two reasons: experience and cost. She testified that the cost of having a horse s teeth floated nearly 5 Id. at 18:11-25, 19:1. 6 Id. at 42: Id. at 23:4-7, 25: Id. at 40:3-10, see Katherine Blocksdorf, Definition: Futurity, Horse Word Glossary, (last visited Jan. 8, 2010) (defining futurity as the breeding of horses for outstanding offspring).. 9 Equine Dentistry Study, 47:18-25, 48:1-3,

6 doubled when she used a veterinarian. Remarking on the possibility of requiring floaters to be supervised by or licensed as veterinarians, she said, [F]loating s going to get real expensive if we go in this direction. Because of the increased cost, she cannot afford to have her horses teeth floated as frequently, and the health of her horses might actually be impaired by the regulation. She would prefer to use Bob Griswold, whom she describes as an experienced equine dentist who takes great pride in his work and shows a great deal of concern for horses he treats. 10 Examining the impact of licensing requirements, Lee McGrath of the Institute for Justice Minnesota Chapter noted that licensing shrinks the available pool of labor, reduces competition, and drives costs for services up by an average of 14 to 17 percent. He estimated that licensing requirements likely cost Oklahomans in excess of $2 billion each year. 11 Not all horse owners look to equine dentists to save money; Hoppy Heidelberg of Blanchard chooses to pay more for the services of an experienced horse teeth floater. He testified that his veterinarian actually charged less than an experienced equine dentist, but after seeing the results of the dentist, he never used a vet since for working on [his] horses teeth. 12 Horse owners in Oklahoma need the right to choose the caregiver that they feel is best for their horses teeth. While one might choose a veterinarian, another might decide that a nonveterinarian equine dentist is the best fit. Additionally, without the services of non-veterinarian teeth floaters, some of Oklahoma s 325,000 horses might not get the care they need. Out of 1807 licensed veterinarians, fewer than 20% (353) reported that they provide teeth floating. 13 This number of practitioners is disputed as too high; Dustin Lucas testified, To say there are 350 vets in Oklahoma providing the service, that s preposterous, that s simply not true. 14 Compared to veterinarians, non-veterinarian floaters purchased about 20 times more equine dentistry equipment from the state s largest supplier over the last year. 15 Veterinarian Tom Allen of Patterson, Missouri, estimated that fewer than 5% of veterinarians provide decent equine dentistry with modern techniques and tools. 16 Allen summarized the issue of choice when he testified, Will Rogers said a man that don t love a horse, there s something the matter with him. I m sure he would agree that a law 10 Id. at 45:11,14-20, 46:9-11, Id. at 61:3-4, 9-16, Id. at 50:10-11, Id. at 91:4-5, Id. at 20: Id. at 68:16-25, 69:1:4. 16 Id. at 71:

7 making it illegal for us to choose who can help our horse, there s something the matter with it. Here s what s the matter with it the way it affects equine well-being. 17 The Veterinary Practice Act Is Broadly Written and Anti-Competitive. Under Oklahoma s current veterinary practice act, that which is not expressly permitted is forbidden as the unlawful practice of veterinary medicine. The practice is defined as any act that changes the physical or mental condition of an animal, and it includes as veterinary medicine such innocuous behavior as checking an animal for pregnancy or rendering advice about an animal s condition. 18 The very general terms of the practice act cover such a wide spectrum of activities that almost any procedure, even a simple act like grooming, is included in the definition of the practice of veterinary medicine. 19 Dr. James Bailey, a veterinarian from Goldsby who has treated thousands of horses during 32 years of practice, testified that he is not skilled at floating teeth and that the procedure was only mentioned in passing at his veterinary college. He called floating a basic husbandry procedure and stated his belief that [T]he time of most veterinarians is better spent practicing veterinary medicine. He further testified, [I]t is the common view of many, many equine veterinarians in the field. We are too busy not to collaborate with floaters to ensure that a horse s dental health and well-being are preserved. 20 Dr. Bailey insisted that horse teeth floaters deserve the right to work independently and free from unnecessary regulation. He advises, Requiring them to become veterinarians, work under the supervision of a veterinarian, or to become a registered veterinary technician is unreasonable. 21 Another veterinarian, Dr. Gloria Leopard of Norman, agreed that veterinary school was irrelevant to whether someone was qualified to float teeth. She reports that her teeth floater does a much better job on her horses than she could, and that neither she nor her registered veterinary technician has any desire to float teeth. Additionally, she pointed out that veterinarians supply sedatives to floaters and farriers and suggested that the law that forbids those floaters and farriers from administering sedatives should be changed Id. at 33: OKLA. STAT. Tit. 59, (2008). 19 Equine Dentistry Study, 62: Id. at 9: Id. at 10: Id. at 21:

8 When discussing the practice of horse teeth floating, Dr. Tom Allen, who wrote a book about equine dentistry, said it is not rocket science but it takes some time and practice. He described the relationship between veterinarians and dedicated teeth floaters as one necessary to the health of the horse when he testified, Many [veterinarians] actually hire or refer horse dentistry to non-veterinarians if they do not want to go through the time and effort of becoming proficient at it themselves. Very few of them choose to do much horse teeth floating but stay busy with other types of horse health care that are not just husbandry. We veterinarians have indeed...not been trained in this part of animal husbandry. 23 The broad language of Oklahoma s Veterinary Practice Act does not just affect horse owners. Scott Dewald of the Oklahoma Cattleman s Association points out that beef cattle operations are affected as well. He advised the separation of animal husbandry from veterinary practice and urged that it is critically important to reserve those things that need the skill sets of veterinarians for the veterinary profession. 24 Lee McGrath agreed, as he testified in favor of legislation that draws a clear line between animal husbandry and veterinary medicine, with horse teeth floating on the animal husbandry side of that line. 25 McGrath also identified a possible reason for the overreaching language of the statute, a nationwide movement by some veterinarians to redefine the more lucrative practices of animal husbandry as veterinary medicine to exclude competition. He mentioned that equine dentists in many other states are facing similar problems and stated his belief that if Oklahoma tackles this issue and enacts a clear legal distinction between animal husbandry and veterinary medicine, it will have national implications for practitioners across the county. 26 Exemptions in the Practice Act s Exceptions Are Illogical. The broad and inclusive definition of the practice of veterinary medicine under current law necessitates exceptions. However, these exceptions are too narrow and focused not on the health concerns of animals but the financial concerns of veterinarians. Under the law as written, an experienced horse teeth floater cannot legally float a horse s teeth, but a newly hired and inexperienced ranch hand could float the same horse s teeth without any legal repercussions. Similarly, the law allows any veterinarian or veterinarian s employee even one with no 23 Id. at 33:20-25, 34: Id. at 53: Id. at 58: Id. at 90:

9 experience floating teeth or even working with horses to float teeth legally, but excludes experienced floaters and equine dentists. 27 Larry Symes has experience; over the course of his career he has floated the teeth of more than 35,000 horses, from backyard mares to competition champions. Many veterinarians refer clients to Mr. Symes, who testified, [T]hey had received no hands-on training in equine dentistry at their vet school...even though many of them saw the need for floating. 28 Veterinarian James Bailey recommends Mr. Symes to his clients, and remarked that though he has treated thousands of horses over the course of his 32-year career, he is not skilled at floating teeth. Regarding his training, he testified, This procedure was only mentioned in passing in my veterinary college. 29 Dr. Gloria Leopard described her own lack of training: While in vet school, we were given no formal training for teeth floating other than showing some of the instruments. I tried to do my own horses once and was just put out with no formal training, and it is a strenuous amount of work. 30 The lack of training in equine dentistry for veterinarians was further emphasized by the testimony of Dr. Tom Allen, who agreed that veterinarians are not typically trained in this area of animal husbandry and described his own educational experience as involving one doctor who mentioned it to us for a few minutes. He testified that at the University of Missouri, [W]e did not do any hands-on in the ambulatory sections, where we re going out farm to farm, and there s nobody bringing any horses in the clinic to do it either. 31 Allen s review of curriculum requirements in all 28 veterinary schools in the United States revealed that less than a handful of them required courses that demanded any proficiency in equine dentistry. He also testified that non-veterinarian equine dentists are typically employed by veterinary schools to teach the techniques, but such arrangements are usually hidden. 32 Lee McGrath added that less than half of the veterinary schools even offer elective courses that include hands-on teeth floating, but it is a husbandry skill that can be passed down from father to 27 OKLA. STAT. Tit. 59, (2008). 28 Equine Dentistry Study, 12:23-25, 13:1, Id. at 9:7-10, Id. at 20:22-25, 21:1. 31 Id. at 76:21-25, 77: Id. at 34:5-18; See also Oklahoma State University website for the Center for Veterinary Health Services, (as of Jan. 7, 2010, none of the faculty of Oklahoma State University s veterinary program list equine dentistry as a specialty). 9

10 son. 33 When the Veterinary Practice Act was amended in 1990 to include dentistry, no veterinarian then licensed was required to prove that he or she knew anything about equine dentistry. McGrath pointed out that the current version of the practice act gives licensed vets a monopoly over this service. 34 The 67-year old Symes said that he does not intend to work forever; he believes younger equine dentists like Bob Griswold and Dustin Lucas are the capable hands with whom he would like to trust his clients. He testified, They should have the right also to work free from unreasonable regulation. Having seen the dental work of many veterinarians, I can say without hesitation Dustin and Bobby are far more qualified. 35 Symes learned equine dentistry from an apprenticeship and experience in the field. By contrast, Bobby Griswold earned a certification from the Academy of Equine Dentistry after completing 316 hours of course and hands-on work. Since his graduation, he attended an additional 170 hours of continuing education and cared for about 500 horses a year until he was stopped by the veterinary board. 36 Equine dentistry instructor Josh Wallace discussed the difference between formally schooled dentists and field-trained dentists when he testified, [I]t s not necessarily an education issue. Some people are more [formally] educated than others. Larry [Symes], he didn t go to school; he learned from another guy. I could have learned how to do it. I had been with Bobby [Griswold] years and years. I have apprenticed under him and learned how to do it. The schools are organizations that just facilitate learning in a faster manner. It doesn t necessarily make up for experience. 37 Dustin Lucas attended and graduated from the Texas Institute of Equine Dentistry, where he received nearly 400 hours of training. He also attends continuing education courses three times a year. Veterinarians rely on Mr. Lucas experience, as he was regularly called upon to float teeth in clinics and at the Oklahoma Equine Hospital until he began receiving cease and desist letters from the veterinary board. Describing his relationship with the horse hospital, he testified, The vets and interns at Oklahoma Equine call me regularly to help problem cases, and 33 Equine Dentistry Study, 63:3-4, Id. at 62: Id. at 14:20-25, 15: Id. at 28: Id. at 52:

11 floater. 39 Horse owners like Lanita Powers also know the difference between an experienced horse I basically taught their most recent intern how to properly balance a horse s mouth because he did not learn it in vet school. 38 Mr. Lucas has seen veterinarian s lack of training in equine dentistry firsthand. He reported, My clients could use vets for floating teeth but they choose not to. Many of the vets don t float teeth and some just don t do a satisfactory job. While Mr. Lucas did not claim that all veterinarians are inadequate floaters, he testified that most of his new clients horses received poor dentistry services from veterinarians. In regard to their work, he said, I am never surprised to look in a horse s mouth and see the mess that was created or left. To the contrary, he claimed that he has never been called to rework the teeth of a horse treated by a non-veterinarian teeth floater and an inexperienced veterinarian. She testified that she used a veterinarian twice, but said, I have had really a bad experience both times. One over-rasped their teeth so much, for two or three weeks that horse couldn t chew his hay. 40 Another bad experience with a veterinarian floating was related by Candy Human, who testified that after a month, her horse was shaking its head and dropping feed. She asked an experienced floater to examine her horse, and discovered fractured caps that had not been removed by the veterinarian. 41 Horse owners and professionals know that the law s distinction between licensed veterinarians and equine dentists does not add up. Health concerns are not served by preventing well-qualified horse teeth floaters and equine dentists from practicing especially while inexperienced horse owners, ranch hands or veterinarians could perform the procedure legally. The exceptions serve only to either eliminate competition between equine dentists and veterinarians, or force practicing dentists to work for veterinarians and share their fees. Equine Dentists and Husbandry Practitioners Pose No Threat to Horses. The work of independent, non-veterinarian professionals in the field of animal husbandry and equine dentistry does not cause any harm to horses. To the contrary, the health of horses is greatly improved by the services of experienced specialists in horse teeth floating, farriery, and other husbandry trades. 38 Id. at 18:4-8, 24-25, 19:1-5, 20: Id. at 19:8-11, 14-17, 20: Id. at 48: Id. at 46:

12 Horse-teeth floating is a harmless and safe procedure. As Dr. James Bailey explained, [T]his is not an inhumane procedure for horses if not sedated. Horses do not have sensory nerves in their teeth. I have personally witnessed many thousands of horses having their teeth floated with no sedation - and most acting as though it s only a minor annoyance. 42 Dustin Lucas concurred, Horses teeth don t have nerve endings like humans, so floating does not hurt. It is not cruel or inhumane to float a horse s teeth without sedation. 43 Even in cases where sedatives are used, there is no empirical evidence that even one horse in Oklahoma has been hurt by sedatives. 44 Horses and horse owners might be best served when their floaters and their veterinarians recognize that they are working toward a common goal of good equine health. Regarding his working relationship with floater Larry Symes, Dr. Bailey testified, When a case required dental care other than floating, or if sedation was necessary, I would be called in to resolve the problem. Since horses have no sensory nerves in the tooth, Larry rarely needed to have a horse sedated. Though he values his partnership with Symes, Dr. Bailey cautioned, I do not believe that it is necessary or wise...to codify in statute my relationship with Larry Symes as a requirement for all floaters and vets. The government should not be in the business of forcing people to collaborate if there is no health or safety issue. 45 The risks posed by not allowing horse teeth floaters and equine dentists to practice their trade freely could be quite serious. Mr. Symes testified, Many horses will suffer and die prematurely because the Board is removing the most experienced hands from the market. I sincerely believe the Board is not acting in the best interest of the horses or horse owners in Oklahoma. 46 Dr. Tom Allen described some of the harmful effects of untreated equine dental problems when discussing one of his own patients with a long-untreated tooth: [F]or 24 hours a day, seven days a week, that horse had toxins and bacteria pumping through its system for at least eight or nine years before we took it out. [W]hen it was still connected to the horse it was still 42 Id. at 10:21-25, 11:1. 43 Id. at 21:23-25, 22: Id. at 67:5-8. (If sedatives become a problem in the future, the Legislature can separate floating from sedatives by requiring that they be administered only by veterinarians, horse owners, owners employees or horses trainers.) 45 Id. at 10:2-6, 11: Id. at 14:

13 causing a whole lot of damage. Dr. Allen remarked that regular teeth floating would probably cure every such case. 47 Riding instructor Donna Robinson of Oklahoma City gave a stirring account of the necessity for teeth floating services when she recalled a day she invited her students to watch her equine dentist check a mare that had been tossing her head irregularly: I invited them all to come out and watch this equine dentist. They all came out ages from 4 to 16 years of age. They stood around the stall as he opened the horse s mouth and started looking inside. As he was looking inside, he was telling the girls what they re supposed to look for, what s wrong with the horse s mouth. And come to find out and the girls saw this as he had the horse s mouth open the horse had a fractured tooth that had fractured long ways as opposed to across, and it had been this way for several months. She didn t have any swelling, no outward losing of grain or anything like that, but the equine dentist opened that mouth and my girls stood there and watched him as he pulled two pieces of fractured tooth out with rotted matter that they all got to smell. And they all stood there and watched in awe. And some of them, myself included, started crying, because I did not notice this earlier. And this poor horse had been trying to tell us for months that she had a problem. 48 Her story illustrated the value and simplicity of proper equine dental care, which she urges all horse owners to seek for their own animals. Veterinarians Concerns about Practitioners are Unjustified. Some veterinarians claim that equine dentists and others threaten their livelihoods, but the few veterinarians that provide husbandry services should not fear fair and healthy competition from floaters and farriers. Regarding competition with veterinarians, Dustin Lucas testified, I think more often than not, some veterinarians are simply offended that they are not being asked to provide this service, but they shouldn t be. I respect them for their talents, and I have the advantage of specializing in a narrow field. 49 In the professional opinion of Dr. James Bailey, [L]egislation allowing teeth floaters the freedom to work does not eliminate veterinarians from performing the 47 Id. at 37:1-4, Id. at 57:1-19 (emphasis added). 49 Id. at 22:

14 service. Allowing healthy competition can only be good for the quality of service provided to, ultimately, the horses and their owners. 50 Eliminating restrictions on professionals in the animal husbandry and equine dentistry trades would foster healthy competition among the few veterinarians that choose to offer such services and non-veterinarian equine dentists. This competition would lower prices, increase the quality of services, and allow horse owners more choices when choosing a caregiver for their horses. The overall health of Oklahoma s horses would improve as more horses teeth are regularly floated, and the state can live up to Larry Symes hope that his grandchildren can live in the state as free as when he moved to Oklahoma in Id. at 11: Id. at 13:7-8, 15:

15 Recommendation: Testifying Oklahomans recommended that practices of animal husbandry, like horse teeth floating, constitute the normal care and management of farm animals and should not be included in the definition of the practice of veterinary medicine. These practices have been handled by laypersons for centuries, and they do not require the type of specialized medical knowledge consistent with a degree in veterinary medicine or a certification as a veterinary technician. Oklahoma s Veterinary Practice Act should be amended to allow horse owners and ranchers the freedom that they demand to hire the animal husbandry and equine dentistry practitioners as they see fit. Just as they deserve a right to choose who cares for their animals, the equine dentists, farriers, and other practitioners of animal husbandry deserve the right to work and earn a living in their chosen trade. Reform of this act is also necessary to the health of Oklahoma s horses. Veterinarians who choose to perform husbandry services will remain free to do so, but the overwhelming need for horse teeth floating can only be filled by non-veterinarian equine dentists who specialize in the practice. The process of horse teeth floating causes no harm to horses, and allowing these seasoned professionals to administer care will cause no harm to the industry of veterinary medicine in Oklahoma. Furthermore, the Veterinary Practice Act should be reformed because it makes unreasonable distinctions regarding who can render care. In its current form, the Act determines the lawfulness of horse teeth floating by how the floater is paid (allowing employees to float but prohibiting independent contractors) and not whether that person has skill or knowledge necessary to the procedure. These arbitrary distinctions do not serve the goals of health and safety. Rather, they encourage the use of unskilled labor by excluding professional equine dentists from the job. Respectfully submitted, the proposed legislation attached to this report would bring fairness and freedom back to the industry of animal husbandry in Oklahoma, provide a common sense basis for separating animal husbandry from the practice of veterinary medicine, and help Oklahoma s 325,000 horses to live longer, healthier lives. 15

16 Proposed Legislation: DEFINITIONS As used in the Oklahoma Veterinary Practice Act: 25. Animal Husbandry means the branch of agriculture and animal science concerned with the care, breeding and management of bovine, caprine, equine, porcine, poultry and other farm animals. 26. Teeth Floating means (a) the removal of enamel points and the smoothing, contouring and leveling of dental arcades and incisors and (b) the extraction of molars and deciduous and vestigial teeth of bovine, caprine, equine, porcine and other farm animals. It does not include dental procedures on canines and felines ACTS NOT PROHIBITED The Oklahoma Veterinary Practice Act shall not be construed to prohibit; 1. Acts of animal husbandry including dehorning, branding, tagging or notching ears, teeth floating, farriery, pregnancy checking, collecting semen, preparing semen, freezing semen, castrating, worming, vaccinating, injecting or artificial insemination of farm animals; or the acts or conduct of a person advising with respect to nutrition, feeds or feeding; 13. Practitioners of services exempted by section (1) may not advertise procedures that are illegal for the practitioners to perform. 16

17 ADMINISTRATION OF SEDATIVES IN TEETH FLOATING 1. It shall be unlawful for any person to intentionally sell, buy or administer a veterinary prescription drug for the purpose of sedating bovine, equine, caprine, porcine or other farm animals to perform teeth floating. A person who violates this prohibition is subject to penalties in (B). 2. The following persons are exempted from the prohibition in (1) and may administer prescription drugs for the purpose of sedating bovine, caprine, equine, porcine and other farm animals to perform teeth floating: a. A licensed veterinarian; b. An employee of a licensed veterinarian; c. Persons exempted by (2)(5)(6)(7) and (8); d. A person who (1) is authorized by a licensed veterinarian to administer a prescription drug; (2) purchases the prescription drug from a licensed veterinarian; and (3) does not charge the animal s owner a fee for the administration of the prescription drug; or e. A person who (1) at the request of the animal s owner administers a prescription drug that was purchased by the animal s owner from a legal source and (2) does not charge the animal s owner a fee for the administration of the prescription drug. 17

18 Index of Referenced Speakers: Dr. Tom Allen, veterinarian and author of The Manual of Equine Dentistry, Patterson, Missouri Dr. James Bailey, veterinarian, Goldsby, Oklahoma Mary Burger, championship trainer, Pauls Valley, Oklahoma Scott Dewald, Executive Vice President, Oklahoma Cattleman s Association, Oklahoma City, Oklahoma Billy Etbauer, rodeo champion and horse breeder, Edmond, Oklahoma Bob Griswold, equine dentist, Geary, Oklahoma Hoppy Heidelberg, former President, Oklahoma Thoroughbred Breeders Association, Blanchard, Oklahoma Robert Hubbard, former President, Oklahoma Paint Horse Club, Equine Council, Yukon, Oklahoma Candy Human, registered nurse and horse owner, Meridian, Oklahoma Dr. Gloria Leopard, veterinarian and horse owner, Norman, Oklahoma (written comments read into the record by Dustin Lucas) Dustin Lucas, equine dentist and horse breeder, Washington, Oklahoma Lee McGrath, Executive Director, Institute for Justice, Minneapolis, Minnesota Lanita Powers, futurity trainer, Edmond, Oklahoma Kevin Rhoades, President, Indian Territory Roundup Club, Purcell, Oklahoma Donna Robinson, riding instructor, Oklahoma City, Oklahoma Larry Symes, horse teeth floater, Norman, Oklahoma Josh Wallace, instructor, Texas Institute for Equine Dentistry, Weatherford, Texas 18