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Mitz v. Texas State Board of Veterinary Medical Examiners

Liberty Alerts, Institute for Justice

Independent and self-reliant Texans have been taking care of their horses for a long time without unnecessary government meddling. But bureaucrats in Austin have concocted a monopolistic licensing scheme to protect a cartel of veterinarians that puts Texas entrepreneurs out of work while forcing horse owners to pay more for lower-quality care.

The Texas State Board of Veterinary Medical Examiners is demanding that Texas equine dental practitioners spend up to $100,000 and four years at veterinary school, where they learn next to nothing about caring for horses’ teeth, or else abandon their profession. This blatantly anti-competitive regulation serves the sole purpose of maximizing the incomes of largely untrained, unqualified, ill-equipped veterinarians at the expense of horse owners and Texas entrepreneurs.  Read how the Vet Board has declared bureaucratic war on this small but vital group of entrepreneurs.

Horses’ teeth grow constantly and thus occasionally need to be filed or “floated”-an important but painless procedure. Horse tooth care requires skill, experience and horsemanship, none of which are the exclusive purview of state-licensed veterinarians.

That is why on August 28, 2007, the Institute for Justice filed suit in Travis County District Court in Austin. On behalf of equine dental practitioners and Texas horse owners, IJ is challenging the licensing scheme as a violation of Texas law and the Texas Constitution.

On Friday, September 10, 2010, the Vet Board will vote on a proposed rule that would require veterinary supervision whenever a floater uses power tools.  But floaters have been using power instruments for more than a hundred years, and they are considered by many to be safer, more efficient and more precise than manual rasps.  If this new rule passes, the state’s rural economy will suffer, hundreds of people will be out of work and horse owners will no longer have the freedom to choose who can work on their horses.

Essential Background Images
Background on this case Client Photo
Latest Release: Horse Owners Gather in Austin to Protest Vet Board’s Anti-Competitive Teeth-Floating Rule (August 20, 2010) Video: Listen to real horse teeth practitioners at IJ’s press conference in Austin, Texas (August 20, 2010)
Legal Briefs and Decisions
Launch Release: Texas Entrepreneurs and Horse Owners File Lawsuit Challenging Elitist Veterinary Cartel Opinion: Court of Appeals reverses case abatement
Case Timeline

Filed Lawsuit:

August 28, 2007

Court Filed:

Travis County District Court in Austin

Status:

Cross Motions for Summary Judgment

Next Key Date:

June 20, 2010 at 9:00 a.m. Travis County District Court

Additional Releases Maps, Charts and Facts
Release: Horse Teeth Floaters’ Constitutional Lawsuit Will Proceed (November 18, 2008) none available
Op-eds, News Articles and Links
Article: Texas Horse Dentists Feel the Bite Of State Regulatory Oversight; Wall Street Journal (December 29, 2009)
Article: Is it horse sense that only vets file teeth? Austin American-Statesman (June 20, 2010)
Op-Ed: Going Rogue: The Texas Vet Board’s war on horse owners and entrepreneurs in the Lone Star State; The Daily Caller (August 31, 2010)
Article: Of horses’ teeth and liberty; Economist.com (October 25, 2007)

Used with the permission of the Institute for Justice.



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  • http://www.tfsternsrantings.blogspot.com T F Stern

    Texas has a small group of pencil heads who are destroying the free market via licensing. They have the locksmith business tied to their puppet strings and each year they destroy a bit more through rules and regulations which do nothing to improve the quality of service and only add to the cost of doing business.

  • http://www.turbochargeyourpractice.com Veterinary Marketing

    When you’re a veterinarian its certainly a tough task both controlling the requirements of business as well as the pet your tending to.

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