The Oklahoma Farm Bureau Legal Foundation has filed a lawsuit seeking an injunction to stop the Oklahoma Board of Veterinary Medical Examiners from enforcing emergency rules contradicting legislation passed this year.
During the 2010 legislative session, lawmakers passed House Bill 3202 clarifying certain acts of traditional animal husbandry, including pregnancy checking and equine teeth floating, were not exclusive to the practice of veterinary medicine. In August the board passed emergency rules prohibiting non-veterinarians from performing some types of animal husbandry.
“We believe they are circumventing the legal process and going against the desire of the state legislature,” Mike Spradling, president of the Oklahoma Farm Bureau, said. “This goes against the intent of HB 3202 and is an attempt to usurp the power of the Oklahoma Department of Agriculture, Food, and Forestry, the agency responsible for implementing policy on the care and handling of livestock.”
Legislators can disapprove the emergency rules but must wait until the next session convenes in February 2011. The injunction stops the emergency rules and allows producers to continue to care for their livestock without the threat of criminal prosecution.
“We’re asking the court to declare the emergency rules invalid because they are inconsistent with the Oklahoma Veterinary Practice Act,” Spradling said.
The Farm Bureau leader is concerned traditional animal husbandry practices, which have been practiced for years by non-veterinarians, are now prohibited unless performed by a veterinarian.
“Livestock owners face increased expenses for the proper care of animals and risk criminal liability unless these emergency rules are invalidated,” Spradling said.
