Can a licensed veterinarian provided medical advice to a pet owner over the telephone without having performed a physical examination on the pet? In Texas in March, 2015, in the case of Hines v. Alldredge, the Fifth Circuit U.S. Court of Appeals said: “no.” Dr. Ronald Hines worked as a veterinarian in Texas. After his formal retirement from practice in 2002, Dr. Hines created a website. His posting began with general information, but soon he provided veterinary advice to specific owners. He charged for his services. The Texas Board of Veterinary Medical Examiners imposed administrative discipline against Dr. Hines, including a fine and one year of probation (as to his veterinary license). The Board maintained that provision of veterinary advice without a physical examination and thus without a fully formed veterinarian-client patient relationship, violated Texas law. Dr. Hines brought suit in Federal Court. Dr. Hines challenged the reasonableness of the Texas Board’s position, and also asserted a freedom-of-speech defense. Dr. Hines asserted that his advice was protected by the First-Amendment of the Constitution. The Fifth Circuit Court found that the challenged laws were rationally related to a legitimate government interest, and found against Dr. Hines. The Texas decision is not on professionals in every state. However, the Hines case serves as an important reminder. Professionals should acquaint themselves with their own state licensing statutes. Licensing agencies hold administrative power over a licensed professional’s ability to continue working as trained.
Sound Advice? Veterinary Recommendations Via The Internet
