Fish The All Wet Pet By Stephanie Stephens Editor s

Fish The All-Wet Pet By Stephanie Stephens Editor’s Note: From Prevention Magazine, January 2007. Maybe your client would like a pet, but he or she is allergic, their condo won’t allow it, or they travel for business. And maybe they considered getting an aquarium but dismissed the idea because, well, let’s face it: Fish just aren’t as warm and cuddly as cats and dogs. It’s hard to curl up on the couch with a guppy. At least, not for long. But don’t sell fish short to your clients. They’re really not dull or passive, says Laura Muha, author of The Super Simple Guide to Breeding Freshwater Fishes. “Fish absolutely interact with us and have definite personalities,” says Muha. “When I walk near my tank, one of my fish swims to the top and wiggles. He doesn’t do that for anyone else.” And, says software engineer Dean Pomerleau of Gibsonia, PA, “Fish are a lot smarter than they’re given credit for.” His proof: Albert Einstein, the 4‑year‑old calico fantail goldfish he and his 10‑year‑old son, Kyle, bought for $20. After a few months of train‑ ing, Albert now heads a soccer ball, “runs” a football the length Fish are soothing‑and stimulating. Here’s how to dip your toe in. of his tank, swims through a hoop, and dances the limbo. The Pomerleaus turned their experience into Fish School Inc. (www. fish‑school.com), a program they say you can use to teach your old ‑ or new ‑ fish a few tricks. If clients are not ready to open their own aqua circus, they might just want to watch goldfish swim lazily around a bowl. That alone can translate into major health benefits. Research shows that ob‑ serving fish can lower blood pressure, decrease heart rate, calm anxiety, and relieve muscle tension. It doesn’t take much to get started: just a bowl of water, a fish, and food. At the other end of the spectrum, a saltwater tank allows for more flamboyant, exotic fish, but might require a professional to set up and maintain. Whether they simply want to test the water or are ready to immerse themselves, here’s how to launch a fish hobby. Try one freshwater betta ‑ aka Siamese fighting fish ‑ in a bowl or vase. Advantage: No‑sweat care. You have to change the water weekly, but you don’t need a filter. “Bettas actuallv get oxygen from the air, if necessary,” says Luis Morales, speaker chairman for the Jersey Shore Aquarium Society in Freehold, NJ, and multi‑aquarium owner. Budget: $5 to $15 for a bowl or vase; fish cost $2 to $5 each. Move up to a room temperature freshwater tank with a filter and a hood to stop “jumpers.” Advantage: More fish, more entertainment. Choose popular ‑ though messy and fast‑growing ‑ goldfish, or colorful and flashy White Cloud Mountain minnows; both will put on a show for years. Budget: About $50 for fish and a 5‑ to 10‑gallon tank with a thin layer of gravel, and $15 to $60 for a filter. Add a heater to your 10‑gallon or larger filtered freshwater tank, and it becomes tropical. Advantage: You can trade your common goldies for exotic Afri‑ can cichlids such as the electric blue or fluorescent yellow varieties. Budget: $30 to $ 50 for the tank and gravel; fish cost $5 to $25 each. Step up to a heated salt‑water tank. Advantage: This is the ultimate exotic tank ‑ fill it with wildly colored damsels and you may never watch TV again. Budget: Fish range from about $5 to more than $200. You’ll spend $245 or much, much more for a 29‑gallon tank or larger, a filter and protein skimmer to capture waste products and clean the water, and a good beginner’s book such as The New Marine Aquarium: Step by Step Setup and Stocking Guide by Michael S. Paletta. Short on time but love the fish? Check your phone book for aquarium maintenance services. Fish may be quiet, but you cant just forget they’re there. Over‑ feeding can kill them, so ask about their nutritional requirments when you purchase them. If you add to your school, the general rule is no more than one 1‑inch fish per gallon of water. Replace 10 to 20% of the water monthly. Finally, if you’re. using tap water, add a water conditioner that removes chlorine. A Cinch Easy Acupuncture and Traditional Chinese Herbal Medicine Masters Degree in Acupuncture and Holistic Medicine from China Fancy Jiu Jia Wen, DVM Elaborate Hampton Veterinary Hospital 176 Montauk Highway Speonk, NY 11972 (631) 325-1611 Treating dogs, cats, birds, reptiles, and small mammals How to Keep Them Swimming IVMA News L 17 18 IVMA News L You & Your Money By Michael S. Kaplan, LUTCF Do You Understand Your Mutual Funds? fund company because they hope the company will make money. To make money, mutual funds buy shares in other companies. So for example, if you buy Acme Blue Chip Fund and it buys shares in Big Box Home Improvement, you, the investor, do not own Big Box Home Improvement. You own Acme Blue Chip Fund. Acme Blue Chip owns Big Box Home Improvement. While this “who owns what” scenario may sound like an Abbott and Costello routine, understanding the ownership structure of your investments can be important. If you invest through a tax‑deferred plan, such as an IRA or 401(k) plan, ownership may not seem like an issue as long as the fund delivers a competitive return. If you’ve got taxable assets on the line, ownership becomes more important. By law, mutual funds must distribute all capital gains and interest income on a yearly basis. This distribution creates a tax liability and, as many investors have learned in recent years, can result in capital gains taxes even when the fund loses money. Furthermore, since the mutual fund, not the investor owns the shares of stock held within the fund, the investor has no ability to control the transactions within the fund. This means the investor can’t direct the fund manager to purchase and sell securities in a pattern that will reduce the investor’s capital gains tax liability. For affluent investors, these restrictions can have a significant impact at tax time. Tax implications aside, the ownership structure of mutual funds does not allow investors to customize a fund’s holdings. So, for example, an investor who holds a significant number of stock op‑ tions or shares of stock in a large trucking company cannot direct the mutual fund to avoid additional purchases of shares in that company or in the transportation industry as a whole. The same holds true for an investor who stands to inherit significant holdings in a specific company or one who simply prefers not to invest in a certain company or industry. Like all tools, mutual funds have their limitations. When used within the boundaries of those limitations, mutual funds can be fine investments. For investors of modest means, mutual funds may account for the bulk of a portfolio. For affluent, tax‑sensitive investors and investors with complex financial situations, mutual funds often play only a small role in a well‑constructed portfolio. Regardless of your personal financial situation and the investment vehicle you choose, be sure that you have the right tool for the job before you invest your money. The mutual fund industry has attracted roughly $7 trillion in as‑ sets. Banks and other institutions account for only about one‑fourth of that money. The lion’s share of the assets belongs to some 91 million individuals in 53.3 million U.S. households according to industry data released by the Investment Company Institute (ICI), a trade group that tracks mutual fund statistics. ICI reports that, as of October 2005, 47.5% of U.S. households owned mutual funds. This number has remained fairly steady since 2003. Interestingly, performance results suggest that few investors actually understand their mutual fund investments. A study released in July 2003 by Dalbar, a leading financial‑ services research firm, shows the average equity investor realized an annual return of just 2.6% over the 19 years ended December 2002 compared to a 12% return for the S&P 500. This difference is due largely to investors’ failure to buy and hold. Despite all the warnings that “Market timing doesn’t work,” it seems that most investors just can’t resist the urge to give it a try. This self‑defeating behavior completely ignores the fact that most people bought their mutual funds in the first place because the funds provide access to professional money management. So why do investors pay for professional advice—and then completely ignore it? In 1984, only 11.9% of U.S. households owned mutual funds according to the Investment Company Institute. When the bull market picked up steam, the number of people investing increased dramatically. To participate in the stock market, many of these new investors purchased mutual funds. As mentioned above, by mid‑ 2003, mutual fund ownership rates had increased to nearly 48% of U.S. households. Drawn in by attractive performance, few investors bothered to learn much about their investments beyond the return figures and the Morningstar ratings. At the first sign of a better perform‑ ing investment, the average investor sold his or her mutual fund and bought another one. After the stock market crash of 1987, the search for better performance reached a frenzied peak. Investors were buying and selling mutual funds so rapidly that the average holding period fell to just 1.7 years, a dismally short period for a long‑term investment. By 2000, the holding period had only risen to 2.6 years—and it’s a safe bet that this figure has not changed materially since then. When you consider that even the most lib‑ eral guidelines generally recommend no less than a 5‑year holding period for long‑term investments, it is clear that some mutual fund investors are buying and selling their funds in much the same way day traders buy and sell stocks. Mutual funds are designed as a buy‑and‑hold investment. The investor picks the asset class (stock, bonds, or some combination of stock and bonds), and professional money managers make the trades. Second‑guessing the managers’ decisions rarely leads to success. In treating mutual funds like stocks, investors often overlook the underlying operational characteristics of their investments. At the most basic level, mutual funds are companies. When investors buy shares of a mutual fund, they are taking an ownership position in the A Taxing Issue Blame the Last Bull Market Beyond Taxes The Right Tool for the Job Know Your Tools Michael Kaplan, is an investment professional and retirement planning specialist as certified by the Wharton School. Contact: (516) 2963512 or mike.kaplan@axa-advisors.com Check out HelpingVeterinarians.com to find additional articles. Michael Kaplan offers securities and investment advisory services through AXA Advisors, LLC, 1111 Marcus Avenue, Suite 100, Lake Success, New York 11042, member of NASD, SIPC, and offers annuity and insurance products through AXA Network, LLC and its subsidiaries PPG 39794 IVMA News L 19 20 IVMA News L CE Notes Order Form The following CE lecture notes are available at the cost of either $5.00 or $7.50 per package. This covers printing and postage for each set. See list for prices. Please check the set(s) of notes you’d like and mail your check made out to the LIVMA to: LIVMA c/o SueMedia, 115 Dikeman Street, Hempstead, NY 11550. _____ A Case Based Approach to the Patient with Liver Disease Joseph Tabada, DVM, Dip. ACVIM $5.00 _____Avian and Exotic Animals Includes: Avian and Exotic Practice for the Simple Folk: Drugs, Rabbits, Hedgehogs, Reptiles; Converting “Seed” Junkies Into Table Food Connoisseurs; Diet Recommendations for Rabbits; Care and Feeding of the Common Green Iguana Lawrence J. Linnetz, MS, VMD $5.00 _____Behavioral Dermatology: Acral Lick Dematitis, Psychogenic Alopecia, Hyperesthesia, and Re‑ lated Conditions $5.00 Vint Virga, DVM, Dip. ACVB _____Coagulation Testing Abnormalities in Feline Coagulopathies & Coagulopathies in Dogs Ann E. Hohenhaus, DVM $5.00 $5.00 _____Equine Karatitis, Ulcerative and Non‑Ulcerated Keratopathy and Corneal Neoplasia John S. Sapienza, DVM $5.00 _____Evolving Therapies for the Treatment of Heart Failure $5.00 George A, Kramer, DVM, Dip. ACVIM _____Feline Case Presentation: The Cat with Neuro‑ mouscular Weakness Joseph Tabada, DVM, Dip. ACVIM $5.00 _____Feline IBD ‑ Differential Diagnosis, Treatment and New Directions John Broussard, DVM $5.00 _____Gastrointestinal Imaging David S. Biller, DVM, Dip. ACVR _____The Icteric Cat Robert J. Washabau, VMD, PHD, Dip. ACVIM $5.00 $5.00 _____Critical Care in Adult Horses Joseph J. Bertone, DVM _____Diagnosis and Therapy of Canine Chronic Bron‑ chitis & Do Respiratory Tract Infections Play a Role in Feline Bronchial Disease? Philip Padrid, DVM $5.00 _____Making Bad Wounds Look Good: “How Do I Close This Hole?” D.J. Krahwinkel, Jr., DVM, MS, Dip. ACVS, ACVA, ACVECC $5.00 _____Diagnosis and Therapy of Common Heart Diseases in the Dog Robert L. Hamlin, DVM, PhD $5.00 _____Diagnosis of Canine Hyperadrenocorticism Peter P. Kintzer, DVM $5.00 _____Dysplasia of the Canine Hip and Elbow: Clinical Signs, Diagnosis and Medical Management $5.00 Nick Trout, MA, Vet MB, MRCVS LIVMA Advertising Policy TO: All LIVMA Members & Advertisers FROM: Dr. Leslie B. Dattner ‑ Chair, Ethics Committee The Long Island Veterinary Medical Association accepts display and classified advertising from members and nonmembers serving the vet‑ erinary community. These ads are published on a monthly basis in the LIVMA News. It is the sole responsibility of the advertiser to provide accurate infor‑ mation in their display and classified ads. Advertisements in the LIVMA News are printed as submitted by the advertiser. The LIVMA does not guarantee the accuracy of any information in any advertisement. Advertisers must be sure to correctly represent their facility and the services offered in their ads. Those who work at your facility for 35‑40 hours a week, are considered “on staff.” Those who work less than 35 hours a week, should be advertised as “available”, not “on staff.” If a correction is needed to either a display or classified ad, it is the responsibility of the advertiser to provide the correction within 60 days of the change of services mentioned. Advertisers found not to be in compliance with these standards will have their advertising removed from future issues with no refunds given on the balance of their annual contract. Any company whose ad is pulled from the LIVMA News due to inac‑ curacies will have to pay additional publication fees once the necessary corrections are made. Please check your ad as it appears in this issue and advise us of any corrections that may need to be made before the next issue of the LIV‑ MA News. Thank you, in advance, for your cooperation in this matter. _____Dyspnea in Cats, Chronic Cough in Cats, Chronic Cough in Dogs & EKG Rounds Dr. Gilbert Jacobs $5.00 _____Ectopic Ureters: Diagnosis & Surgical Management Mary Mcloughlin, DVM, Dip.ACVS $5.00 _____Equine Cushing’s Disease and Laminitis Mark T. Donaldson, VMD, Diplomate ACVIM $5.00 $5.00 $5.00 _____Equine Joint Repair C. Wayne McIlwraith _____Equine Field Anesthesia J. Tranquilli, DVM, MS, DACVA IVMA News L 21 Life Going To The Dogs? From starting your practice to planning your retirement, Michael Kaplan is your one resource for a complete range of financial services. We can assist you in every stage of your career. For a no cost, no obligation financial needs analysis call (516) 296-3512 or visit HELPINGVETERINARIANS.COM • Disability Insurance • Investments* • Health Insurance • Employee Benefits • AFLAC • Retirement Planning • Life Insurance • Estate Planning • Long Term Care Insurance • College Savings Plans Take a People Break Michael S. Kaplan, LUTCF *Securities offered through AXA Advisors, LLC (1290 Avenue of the Americans, NY, NY 212‑314‑4600), member SIPC. Annuity and insurance products offered through an affiliated insurance brokage, AXA Network, LLC and its subsidiaries. AXA Advisors, AXA Network, and the named individual, do not provide legal or tax advice. PPG 332947 (7/05). 22 IVMA News L John S. Sapienza, DVM Diplomate, ACVO Long Island Veterinary Specialists, PLLC 163 South Service Road Planview, NY 11803 Phone: (516) 501‑1700 Dr. Sapienza has been serving the Long Island Veterinary community for over 13 years. The Retinographics electroretinogram (ERG) unit. News about new retinopathies I recently returned from an annual CE course in Sarasota, Florida called the Southeast Veterinary Ophthalmology Society (SEVOS). There many new and innovative protocols and procedures were described. In addition, I presented an hour lecture on current oph‑ thalmic diseases and therapies. Exciting news was described for possible therapy for SARD’s patients. Dr. Sisina Grozdanic from the Iowa State Veterinary School presented a new “twist” on a sudden acquired (but not SARD‑related) retinitis (retinopathy). A new and interesting colorimetric light source called the Melan‑100 was dem‑ onstrated. Evaluation with this unit allows one to stimulate the pupil‑ lary light reflex (PLR) with a very intense red or blue wavelength, using an extremely bright light source (200 kcd/m2). The examiner illuminates the eye with a red then a blue light source. The red and blue lights stimulate the retina at different wavelengths, which is then used to differentiate and to discern different retinopathies based on the area of retinal damage. The red light stimulates only photo‑ receptors and not melanopsin (a subpopulation of intrinsically light sensitive retinal ganglion cells). Therefore, a deficient or poor PLR with the red light and a good PLR with the blue light is indicative of poor photoreceptor function (such as in the case of a SARD’s patient). As a complete screening for all acutely blind dogs, the current recommendation is to perform an electroretinogram (ERG), blue and red light stimulation using the Melan‑100 unit, and then if necessary, an evaluation for central disorders with an MRI and CSF analysis. By working closely with our neurologist and staff radiolo‑ gist, we have been able to elucidate many beforehand‑diagnosed “nebulopathies” with our ERG unit, MRI and CSF analysis. Cases of a steroid‑responsive focal chorioretinitis have been examined and were presented at the SEVOS meeting. We have diagnosed cases of acute blindness cases due to GME‑related optic neuritis, central neoplasia, toxoplasmosis‑induced optic neuritis and encephalitis, and steroid‑responsive meningoencephalitis. What we previously thought was immune‑mediated optic neuritis now has absolutely definable and underlying causes thanks to advanced electrodiag‑ nostics, MRI, and spinal fluid analysis, and serology. As stated, we now have a powerful capability to better delineate the source of retinopathies using the newly acquired Melan‑100 unit. In addition, we can now target our therapy for specific disease entities. I am proud to bring this technology to our Long Island pa‑ tients. A future issue will concentrate on the most current SARD’s diagnosis and therapy as well as to introduce you to the newly described steroid‑responsive retinitis (retinopathy). Any questions or concerns, please do not hesitate to contact us. IVMA News L SEVOS 2007: The ERG in use for a canine patient. Melan‑100 light source. 23 24 IVMA News L Animal Disaster Laws continued from page 9 Of particular concern to dog owners is the law permitting the seizure of unidentified dogs off the owner’s property, unlicensed dogs on or off the owner’s property, and even licensed dogs on or off the owner’s property by the police, dog control officers, and peace officers (such as authorized agents of a local society for the prevention of cruelty to animals, of which there are several throughout the State of New York, each of which is a separate and distinct entity from the ASPCA, or the “A” as Wolf’s organization is informally known.) These agents may seize these dogs if the agents can demonstrate to a judge that they have “probable cause” to believe that the dog is “dangerous” as the law ob‑ jectively defines that term. Unlicensed dogs – even if they are owned — are as vulnerable to seizure as unidentified dogs picked up from the streets and other public places. Owners of dogs that display evidence of ownership are entitled to more deference than people who claim but cannot prove ownership when it comes to the period of time for which a shelter or dog control officer must hold the animal. For example, a shelter holding a dog that can be identified by microchip, license, identification tag, veterinary treatment records, photographs, and the like, must give the dog’s owner seven (7) days’ notice that the dog is being held if notice is given personally, that is, by direct contact, or nine (9) days’ notice if the notice is given by certified mail to the owner. Local laws may shorten the hold period for mailing notice to dog owners but the hold period cannot be shorter than 7 days. Unidentified dogs must be held no less than five (5) days under AML sec. 118, but local laws are allowed to shorten that period to three (3) days but no less than that. After the hold period prescribed in the law, though, a shelter that disposes of a dog by adoption or euthanasia under these circumstances is not subject to any liability for property damages. (Note: Anyone “can” sue anyone for virtually anything. The legal issue is whether such a claim will be accepted by the court and, if so, whether the suing party will be able to sustain the claim.) There are exceptions to the law that prohibits disposing of an animal before the end of the hold period: (1) the owner can consent to disposing of the animal prematurely; also, (2) a licensed veterinarian can certify in writing that the animal is “so maimed, diseased, disabled, or infirm so as to be unfit for any useful purpose.” (AML sec. 374.) Picking up stray dogs, that is, dogs with no apparent owner, is a governmental function. But the law in New York State requires that even private individuals who pick up stray dogs must bring them to a shelter or notify dog control officers, peace officers, or police offi‑ cers before doing so. Only if a private individual or organization has contracted with a municipality can he/she/it function as a stray “hold” facility. Even then, all laws regarding notification of owners, vaccina‑ tion against rabies, spay‑/neutering, providing licensure upon adoption, and inspection by authorities must be obeyed by the private individual or entity. Failure to do that could render the person or entity liable to the criminal charge of larceny. When does ownership end so that an animal can be adopted out without running afoul of the law? Stacy Wolf points out that, even in non‑disaster situations, this question has no clear answer. But the law states that “the unauthorized possession of a dog or dogs by any person not the true owner, for a period exceeding tend days, without notifying either the owners, the local police authorities, or the superintendent of the state police at Albany, NY, of such possession, shall be presumptive evidence of larceny.” (AML sec. 363.) continued on page 31 Designed specifically for animals by White Crane Herbal Supplements Jiu Jia Wen, DVM Formulas available to address over 120 conditions Sold only through veterinarians For more information, contact us at: 176 Montauk Highway Speonk, NY 11972 (631) 325-2047 www.naturalsolutionsvet.com Natural Solutions, Inc. When does “ownership” end? IVMA News L 25 ANC Veterinary Center Dental Referral Service Offering: Maxillofacial Reconstructive Surgery Periodontal Surgery Endodontics Prostodontics Ask Dr. Science . . . Editor’s Note: The following is reprinted from the Ask Dr. Science daily listserv feed. To get a daily dose of Dr. Science send subscription questions (please send a blank message) to faq@drscience.com. Visit the Ask Dr. Science website at . Dear Dr. Science, Are clams really happy? How can you tell? ~from Charles Gulledge of Garland, TX Clams on SSRI anti‑depressants complain less than un‑ medicated clams, but on the latest crustacean quality of life surveys few clams report being truly happy. Of course, oysters have always been less cheerful than clams, but then nobody expects oysters to be any more than nearly comatose. There may have been happier clams years ago, but since clams don’t leave diaries or frequent therapists, we can only guess that the days of yore were rosier, clam‑wise. When clams laugh they make a barking sound, but a weeping clam emits a high‑ pitched whine that causes dogs to howl and cats to hide under the furniture. (Conventional & Surgical Root Canal Therapy) (Metal & Fibercor Crowns, Bridges & Implants) Orthodontics Laser Oral Surgery (CO2) Veterinary Dentist Thoulton W. Surgeon, DVM Fellow of the Academy of Veterinary Dentistry Diplomate, AVDC 1 Cottage Place New Rochelle, NY 10801 (914) 235-8770 26 IVMA News L EQUINE PAGES Equine Viral Arteritis: Part 4 - Outbreak Procedures Editor’s Note: The following is reprinted from AAEP. This is a continuation of the article in the May LIVMA News which discussed EVA outbreak procedures. Equine Part IV ‑ Recommendations for Breed Registries 1. EVA Education: publication of articles—Breed registries should take a leadership role in educating their members about EAV. Breed registries should publish articles that: a. Explain what EVA is, how it is spread, and why it is important to breeders; b. Advise mare owners how to prevent abortion and neonatal disease; c. Explain that breeding a shedding stallion is entirely manageable and how to breed such a stallion safely; d. Explain why an effective EVA control program benefits the breed registry’s members; e. Educate mare owners to ask stallion owners about the EVA status of their stallions; f. Educate prospective stallion buyers to ask for EVA testing at the time of purchase; and g. Explain how to prevent the carrier state in stallions. 2. EVA education: additional avenues—Breed registries should also publicize and distribute other available educational material such as EVA breeding guidelines (AAEP or AHC) and the USDA video and CD on EVA; distribute information on testing, laborato‑ ries, and testing protocols; and invite speakers to annual meetings and breeders’ group meetings to explain the disease and answer questions. 3. Safe breeding practices—Breed registries should promote safe breeding practices by encouraging a. Testing of breeding stock to determine immune status; b. Vaccinating to control and eliminate EVA; c. Vaccinating seronegative stallions, mares, and immature colts; and d. Properly using and managing carrier stallions. 4. Raising awareness—Breed registries should raise awareness and foster discussion about EVA by: a. Encouraging open dialog between stallion and mare owners; b. Encouraging buyers of imported stallions to test before or at the time of import to identify carrier stallions; c. Encouraging buyers of domestic stallions to test them as part of the prepurchase examination; d. Encouraging mare owners to ask stallion owners about the stallion’s EVA status before breeding; and e. Reducing the stigma attached to EVA by emphasizing that the disease is manageable, that it can be prevented through a vaccination program, and that carrier stallions can be used safely. 5. Testing—Breed registries should require mandatory testing of all breeding stallions as a condition of registration. Although volun‑ tary adherence to breeding guidelines is helpful and desirable, it will not solve all of the problems. A registry can prevent many problems by using its influence and control over the registration process to require testing as a condition of registration. This eliminates any singling out of carrier stallions and tends to discourage deception. In particular, breed registries should take these actions: a. Publish the EVA status of all active breeding stallions. On the basis of test results, status categories would include (1) serologically negative, (2) serologically positive but negative for virus in the se‑ men (nonshedder), (3) serologically positive and positive for virus in the se‑ men (carrier), and (4) serologically negative and subsequently vaccinated annually. b. Require annual testing of all nonvaccinated stallions. c. Recommend vaccination for all nonshedding stallions (after proof of negative test). d. In the case of vaccinated stallions, require proof of annual vaccination booster for all active breeding stallions. e. Keep a list of which stallions recognized by the registry are EAV‑carrier stallions. f. Notify mare owners of carrier stallions through publications or in response to direct inquiry. Next Issue: Part IV continued ‑ Developing Regulations and Ad‑ ditional Recommendations for EVA Care and Breed Registries. LIVMA’s Equine Emergency Sling A reminder to all veterinarians: the LIVMA owns an Ander‑ son equine sling. The sling is a top quality piece of emergency equipment and consists of thoracic, pectoral, hindquarter and leg supports. It was obtained through a grant and is available for emergency use here on Long Island. The sling is applied by members of the Disaster Committee for an initial donation of $300.00 for appli‑ cation plus $30.00 per day thereafter. The donation goes directly to the LIVMA. The veterinarians that are involved in applying the sling are unpaid volunteers. It can be requested in an emergency by calling Disaster Committee members Dr. Dennis Dougherty at (631) 872‑9453 or Dr. Howard Flynn at (631) 654‑4693. IVMA News L 27 28 IVMA News L IVMA News L 29 Classified Ads To place a classified ad, fax your materials to: LIVMA at (516) 538‑7583. Questions ‑ call Sue Zizza at (516) 483‑ 8321. Classified ads are free to all LIVMA members, as space allows, and are $35.00 per issue for nonmembers. Ads should be 25 words or less. Ads will run for three consecu‑ tive months or as space allows. Ads MUST BE RECEIVED by the 10th of the month prior to publication (i.e., October 10th for November issue.) The LIVMA News is not pub‑ lished in July or August. FT Veterinarian for friendly, 2‑doctor, AAHA SA hospital on eastern LI. Pleasant atmosphere, reasonable schedule, no evening hours or after‑hours emergencies. Licensed support staff. Recent graduates welcome. Miller Place Animal Hospital: (631) 744‑2050, fax (631) 744‑2371. (6/07) Experienced Relief/Per Diem Vet Available: Medicine/Surgery. Nassau and Queens. Call Dr. Eric Morris, (516) 466‑8571. (5/07) Relief veterinarian Available. Competent and experienced. Ap‑ preciated by patients, clients and staff! References on request. Dan Grayson, DVM. 877‑863‑6095. dogdanz@mad.com. (5/07) Small Animal Hospital seeks licensed Veterinarian. FT or PT. Lin‑ denhurst. A lot of humane work, rewarding and inspirational. Call Cin‑ dy at (631) 226‑2288. (5/07) FT/PT Associate Veterinarian Needed for established feline, rabbit & Small Mammal practice in Nassau. Friendly staff, loyal clientele, 1/2 hr. appointments, competitive benefits and flexible hours. New graduates welcome! Please fax résumé to (516) 877‑7077. (4/07) Veterinarian for Central Animal Hospital in Scarsdale. Cooperative cli‑ entele – educated & willing to do excellent work‑ups. Great staff, includ‑ ing 5 doctors and 6 licensed technicians. A 4‑day work week/progressive medicine/well‑equipped full‑service hospital. Benefits include medical and liability insurances, CE, AAHA, AVMA, NYSVMS, WRVMA dues, profit sharing, defined benefit, & 401 (K) plans. PLUS, no night emergencies! Call Michael Woltz, VMD at (914) 723‑1250. (4/07) LVT needed for SA/avian/exotic hospital on South Shore in Suffolk. FT/PT (license eligible okay). Continuing Ed encouraged, pleasant working environment. (631) 475‑1312. Ask for Claudelle. (4/07) New York Veterinary Specialty Center seeks LVTechnician certified or experienced in Canine Rehabilitation. Knowledge and experience in or‑ thopedic surgery, physical therapy modalities like electrical stimulation and hydro‑treadmill. Competitive salary/excellent benefits. Fax résumé to Roberta at (631) 694‑3401. E‑mail: vets@nyvsc.com. (3/07) Operate Your Own business without the expense...use of our entire facility and staff as well as the most advanced technology and equip‑ ment available. Located in S. Huntington. For information call Stacey at (631) 367‑7387. (6/07) Associate Veterinarian wanted for progressive, full service South Shore practice. Ideal candidate is experienced, well‑spoken practitioner with excellent people skills and a strong sense of team. We’re about excel‑ lence! Wide range of benefits and excellent compensation package avail‑ able. Exceptional new grads may be considered. Contact Gary Selmon‑ sky, DVM at (516) 623‑6226 or e‑mail Gselmonsky@aol.com. (5/07) Associate wanted for established SA practice in St. James. Competi‑ tive salary and benefits. Contact Dr. Coiro (631) 265‑1438 or racdvm@ optonline.net. (4/07) Experienced FT/PT Associate wanted for established, well‑equipped SA hospital. Seeking personable, compassionate, hardworking indi‑ vidual. Great atmosphere. Eastern Suffolk area. Contact Cathy. Phone: (631) 325‑8075. Fax: (631) 325‑8054. (3/07) Associate position available with 6‑doctor practice. North Shore Nas‑ sau. Seek person with experience and medical & surgical skills. Contact Brian Rind, DVM. (516) 482‑0588. Great Neck Animal Hospital. E‑ mail: weezieandbri@aol.com. (3/07) Associate Veterinarian FT for multi‑DVM practice in lower West‑ chester. High quality medicine uses in‑house lab equipment, ultrasound, monitoring equipment, etc. Boarded surgeon, acupuncturist and reha‑ bilitation therapy on site. Candidates: highly experienced, practicing top notch medicine, outstanding customer service. Excellent salary/ commission, medical, 401(k), CE and excellent support staff. E‑mail résumé to phineus17@aol.com. (3/07) This issue ends the 2006-2007 LIVMA News publishing year. All classified ads must be resubmitted by August 10, 2007 to be included in the September 2007 issue. Questions? Call (516) 483-8321. Associate position available with 6‑doctor practice. North Shore Nas‑ sau. Seek person with experience and medical & surgical skills. Contact Brian Rind, DVM. (516) 482‑0588. Great Neck Animal Hospital. E‑mail: weezieandbri@aol.com. (6/07) FT Veterinarian for 3 doctor SA/exotic practice. Enjoy work, prac‑ ticing high quality medicine in affluent North Shore Nassau County. State‑of‑the‑art facility with extraordinary support staff. No after hours emergencies. Experience a must! Excellent salary and benefit package. Contact Jeff Krasnoff, Brookville Animal Hospital. (516) 674‑3322. Fax: (516) 674‑6027. E‑mail: Krasdvm@aol.com. (5/07) Veterinary Hospital for Rent – Stony Brook. Free standing com‑ mercial building in good condition with 1600 sq. ft. Excellent location, runs included, multiple exam rooms. Call (631) 413‑5226. (6/07) FT/PT Veterinary Technician position in Three Village area. Duties to include but not limited to phones, computers, handling all animals, kennel care, all assisting duties and any upkeep of the hospital neces‑ sary. (6/07) Experienced FT/PT Vet for well‑equipped, modern, progressive 3 doctor S/A practice in Jericho, NY. Long term trained suppport staff. Affluent clientele expect care and service. 24 hour supervision for pa‑ tients. Call Dr. Denise Ceravolo at (516) 921‑7622 or (516) 457‑2824 or fax to (516) 921‑1555. (4/07) FT or PT Vet for Banfield, Huntington. Routine surgical/medical skills. Great client communication skills a must! 401(k), benefits, partnership! Fax (631) 427‑1152 or e‑mail Ted.Johnson@banfield.net. (4/07) PT/per diem motivated veterinarian for well‑equipped AAHA ac‑ credited SA practice in East Hampton. Affluent clientele expect qual‑ ity care and service. Practice high quality, low volume medicine. Sal‑ ary commensurate with experience and production. Minimum 2 years experience or internship. Fax résumé to (631) 537‑2737. www.south‑ forkanimalhospital.com. (4/07) 30 IVMA News L Animal Disaster Laws continued from page 25 Wolf advises that shelters and others who adopt out animals cover themselves, in case a “true” owner comes forward, by including a provision in a conditional adoption agreement in which the adopter agrees to relinquish custody of the animal if proof of prior ownership is presented within a specified period of time. When can the “rescue” of an animal – as in a victim of disaster – result in criminal sanctions? There are several ways that this can happen. According to Wolf, who served as a defense attorney before coming to the “A,” a person could be guilty of criminal trespass for going onto or into the property of another person without permission or special circumstances giving that person a particular privilege to enter that property. (Penal Law, or PL, sec. 140.05.) An individual or organization entering a place where animals are already impounded for the purpose of providing food and water will immunize that entry from civil and criminal liability. By contrast, an individual attempting a self‑described rescue of an animal on someone else’s property could be vulnerable to a criminal charge of trespass. If that individual enters and remains unlawfully in a building with the intent to commit what the State Legislature or lo‑ cal town council has described as a criminal act, such as larceny, then that individual may also be charged with burglary. (PL secs. 140.20 ‑‑ 140.30.) Larceny is the taking of someone else’s property – and remember that an animal is property – with the intent to dispossess the person of that property or to take or withhold that property for oneself. (PL secs. 155.00[3], 155.05.) The key to determining whether a rescuer of an animal in an emer‑ gency is truly “rescuing” the animal or committing larceny is the intent of the person taking the action in question. “Do you commit larceny when you remove a dog from its home to save it from imminent disas‑ ter? Maybe no,” Stacy Wolf explains, “if the intent was to ‘rescue’ it and ‘reunite’ it with its owner, but maybe yes,” she continues, “if the intent was to remove it and never return it.” Along with that, if a shelter, rescue organization, or individual at first intends to return a rescued animal for which there is evidence of ownership and then later decides not to return it to the owner, then larceny charges may be brought. Larceny by false promise is also a crime. It consists of obtaining property by promising to perform an act without any intent to perform it. What prompts this discussion in the first place is the counterbalanc‑ ing need to prevent an animal from starving or being injured in some other fashion due to the fact that it was left behind by its owner, such as when an evacuation is ordered by local governmental authorities. A rescuing individual or organization can raise the defense that he/she/it had to take action out of necessity to save the animal, and if the proof is legally sufficient, such a defense may avoid conviction of one of the offenses described here. (AML sec. 356.) But what about the person who left the animal behind? It is a crime knowingly to deprive an animal, entrusted to one’s care and custody, of sustenance and drink or to permit such deprivation to happen. (AML sec. 353.) Abandoning an animal in a disaster or leav‑ ing it to fend for itself is also a crime – animal cruelty – if the intent in doing so is to desert it for whatever reason. As in all crimes, the law examines the state of mind of the offender in taking the action at issue. In this case, the action is the desertion of the animal; so, the question whose answer may determine whether a criminal charge of abandon‑ ment will stick or not is: did the individual in question intend to desert the animal? Whether he intended the act of deserting the animal to be an act of mercy or of irresponsibility is irrelevant to the inquiry as to whether he intended the desertion to occur. If a court determines that he intended desertion, he would be well advised to enlist the services of a good criminal defense lawyer. As to animals at large, both the New York Penal Law and Agriculture and Markets Law address this and it pertains to both disaster and non‑ disaster scenarios. Permitting wild animals and reptiles to roam freely off the owner’s property is a Class A misdemeanor. (AML sec. 370.) Even in the relatively new dangerous dog proceedings under the Agri‑ culture and Markets Law, an owner or custodian of a dog that is found to have attacked people or other animals in an unprovoked manner is limited in terms of a defense. If a dog is killed by someone defending himself or another person or his own property such as an animal that he owns, the law of remedies offers little if any satisfaction. (PL sec. 35.05, AML sec. 121.) What protections are available to people who volunteer their services to help animals in a disaster? The federal Volunteer Protection Act of 1997 provides modest immunity against civil allegations of negligence but not against claims of gross negligence or willful or reckless con‑ duct. It also does not protect against damage or injury caused by the operation of motor vehicles, boats, or aircraft where the State requires a license and insurance in order to operate those means of transporta‑ tion. General liability insurance coverage is important to cover those instances that are not covered by the Act. Still, the Act is useful to people who perform animal rescue work on a voluntary basis. The immunity is provides applies when those vol‑ unteers are acting within the scope of their volunteers’ responsibilities under the aegis of qualified non‑profit organizations. If the volunteer performs a service for the non‑profit and the state requires that service to be licensed, certified, or otherwise authorized in a non‑voluntary context, then the same regulation is required in the volunteer’s non‑paid capacity. Finally, the immunity under the Act applies to the volunteers themselves, not to the non‑profit organization itself. Can veterinarians be sued for providing emergency services in di‑ sasters? The New York State Education Law (EL) provides immunity from civil liability when veterinarians volunteer their professional services outside of the veterinary hospital at or near the emergency though not necessarily at the immediate location of the emergency. Gross negligence in the performance of the professional services – even when offered free of charge – is not immune from civil liability. (ED secs. 6705, 6705‑a.) As to the type of vet services provided to animals in disasters, basic vet care may be required to avert a charge of cruelty neglect. (AML sec. 353.) After the “hold” period has expired, a municipality or shelter “owns” an animal and is free to spay/neuter it. Even during the hold period, an animal may be euthanized if it is severely ill or gravely injured. Furthermore, vets licensed in states adjacent to New York can practice vet skills in New York during and after a disaster if they are located “in the vicinity of such border” and if they do not maintain an office in New York State. (ED sec. 6705.) Some of the legal questions that arise in the context of disasters are permutations of legal questions that arise in the non‑disaster context. They are matters that can be considered before disaster strikes. While disasters are likely to present new challenges which cannot be predicted, being familiar with existing laws can instill a considerable measure of confidence in animal rescuers, veterinarians, municipal workers, and those performing municipal functions in disasters. When can “rescuing” an animal violate the law? Immunity from prosecution for disaster assistance Immunity for Veterinarians who volunteer in disasters “Necessity” for rescue as a defense “Abandonment” as a crime Conclusion IVMA News L 31 The Long Island Veterinary Medical Association PO Box 352 Carle Place, NY 11514-0352 (631) 756‑1919 www.livma.org PRSRT-STD PAID Carle Place, NY Permit No. 24 Address Service Requested 2007 Executive Board Members: President.......................................Dr. B. Anthony Nanton President‑Elect..........................................Dr. Les Dattner Nassau Vice President.......................Dr. Dominic Marino Suffolk Vice President....................Dr. Dennis Dougherty Treasurer ............................................Dr. John Fondacaro Secretary ..........................................Dr. Surinder Wadyal Ethics Chair ..............................................Dr. Les Dattner NYSVMS ............................................Dr. Howard Flynn Membership....Drs. B. Anthony Nanton/Surinder Wadyal Past President ...................................Dr. Surinder Wadyal Committee Chairs: Program .............................................Dr. John Fondacaro Equine CE Program .............................Dr. Howard Flynn Animal Health Foundation ..............Dr. Mark Beckerman Executive Assistant ....................................Ms. Sue Zizza Check the LIVMA Directory for contact numbers. The LIVMA News is published by Editor Sue Zizza and members of the LIVMA. Proofread by Jim Mundy. Please Remember. . . If a disaster strikes anywhere in our community be sure to call the LIVMA’s Disaster Preparedness Committee first for assistance. Contact Dr. Dennis Dougherty or Dr. Howard Flynn at (631) 654-4693 for immediate assistance. 32 IVMA News L