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NORTHERN CALIFORNIA RECORD

Monday, May 6, 2024

California vets want online diagnoses to continue post-pandemic, file lawsuit

State Court

SACRAMENTO- The San Francisco Society for the Prevention of Cruelty to Animals (SPCA) wants to see a California law that prohibits veterinarians from treating their patients remotely lifted. 

A complaint was filed on May 3 in the U.S. District Court of Eastern California against California Veterinary Medical Board executive officer Jessica Sieferman. Besides the SPCA, plaintiffs include Dr. Jennifer Scarlett, Dr. Jeannine Berger, Kathleen Dillon, Jack Driscoll, Sherri Franklin, Dr. David Gordon, Dr. Kate Kuzminski, Dr. Christopher Rodi and Dr. Brian Van Horn. 

The plaintiffs are veterinarians and/or pet owners. 

According to the complaint, California prohibits veterinarians from discussing medical conditions or offering a diagnosis to clients over internet or phone. The clients must be seen in person before a diagnosis is made.

The restriction was temporarily lifted for pre-existing clients during the COVID pandemic, but with that waiver set to expire next month the plaintiffs say that the state will again be wrongfully limiting the First Amendment rights of veterinarians and pet owners. 

The plaintiffs say that the restrictions pose barriers for affordable, accessible pet healthcare for people with mobility issues or other reasons that they could not visit a vet, and pointed out that the same restrictions are not posed on other important industries such as human healthcare and the court system. 

The defendant is sued for free speech violation and equal protection violation.

The plaintiffs are represented by Latham and Watkins LLP. 

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