Pa. men released from prison after lawyer claimed they were being held illegally

[Elderberry]

FOX43 by  Alyssa Kratz, Cale Ahearn 5/14/2024

Two men who had been jailed for several weeks while their attorney said they were being held illegally have been released from prison.

According to their lawyer, Ethan Wentworth, of Airville, and Rusty Herr, of Christiana, were released earlier this month from York and Lancaster County prisons, respectively, after being arrested on 30-day civil sentences.

The duo run NoBull Solutions, LLC., a breeding company that helps dairy farms with the reproductive management of cattle.

NoBull Solutions has also been the subject of an investigation by the Pennsylvania Department of State, into prior complaints alleging the men were practicing unlicensed veterinary care by ultrasounding other farmers’ cows.

However, that's not why Herr and Wentworth ended up behind bars.

Both men were being held for civil contempt of court, a charge the Commonwealth Court tells FOX43 has no option for bail.

Robert Barnes, the attorney representing both men, has claimed they were being held illegally.

Since their release, Barnes released the following statement:

"We are pleased that Ethan Wentworth and Rusty Herr have both been released, but additional remedy must be sought to prevent this from happening again."

Barnes has taken this case to the Pa. Supreme Court for its oversight.

More: https://www.fox43.com/article/news/local/arrested-jailed-illegally-cow-ultrasounds-pennsylvania-investigation/521-0b94f7a5-4481-45b5-8c7f-79b440b2cb47

[Elderberry]

I know it's foolish for me to start another thread on this topic.

[mountaineer]

I know it's foolish for me to start another thread on this topic.

Funny (funny strange, not funny ha ha) how that last one devolved. Nevertheless, I'm glad the guys are out of jail.

[Elderberry]

Veterinarians Weigh In on Jailed Ultrasound Operators Case

Lancaster Farming by Tom Venesky 4/24/2024

Pennsylvania’s veterinary medicine law doesn’t specifically mention ultrasound, but the law still regulates the practice, veterinarian groups say.

The law has a broad definition of “practicing medicine.” Any “method or mode” used to diagnose is considered the practice of veterinary medicine and should only be performed by licensed vets, said Dr. William Croushore, the secretary and treasurer of the state Veterinary Medical Association.

Ultrasounding is a common technique to determine pregnancy and reproductive issues in cattle.

“Any assertion that the diagnosis of pregnancy is not practicing of veterinary medicine is wrong,” Croushore said.

The debate over what constitutes “practicing medicine” peaked recently with the arrest of Rusty Herr and Ethan Wentworth, operating partners of Airville-based NoBull Solutions LLC.

Veterinarians have made multiple complaints about “the illegal practice of veterinary medicine by unlicensed individuals employed by NoBull Solutions,” according to a complaint the Pennsylvania Veterinary Medicine Association filed in 2020 with the Department of State.

The complaint alleges that people employed by NoBull were doing ultrasounds and making diagnoses.

Herr and Wentworth are in jail after they allegedly refused to pay fines and adhere to a prior order to cease and desist from unlicensed veterinary practice.

Attorney Robert Barnes, who is representing Herr and Wentworth, said the case is unprecedented and amounts to “lawless persecution against two farmers who help other farmers with standard breeding practices, as is their right.”

“The Pennsylvania veterinary trade organizations conspired to protect their own monopoly in violation of the law and in a manner that has hurt farmers throughout our state. The Pennsylvania State Department, in a secret star chamber proceeding, ordered the unlawful imprisonment of Rusty Herr and Ethan Wentworth, who have still never seen an arrest warrant, heard the charges against them, had a hearing, or seen a judge — in short, their due process rights have been obliterated,” Barnes said.

In a statement posted on its website on April 18, the Pennsylvania Veterinary Medical Association said it had been implicated in the press for instigating the arrest of Herr and Wentworth, but the association is unaware of the circumstances surrounding the arrest.

Considering four years have passed since the veterinary group filed its complaint, it’s unlikely that action prompted the arrest, the association said.

Ben Masemore, a spokesman for Herr and Wentworth, said both men were advised by their former attorneys not to pay fines or appear in court because they don’t see an issue with using ultrasound for reproductive services such as pregnancy checks.

More: https://www.lancasterfarming.com/farming-news/news/veterinarians-weigh-in-on-jailed-ultrasound-operators-case/article_0f9da064-0242-11ef-94e5-93b75cccda32.html

[DB]

So I suppose using a thermometer would also be practicing medicine without a license... On people or animals... They are just professional gate keepers using the state to protect their turf.