Veterinarians Weigh In on Jailed Ultrasound Operators CaseLancaster 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