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In the past I've heard a lot of jokes about "The People's Republic of Pennsylvania". I don't know much about the state, but the Secretary of Agriculture has been making news lately.
The latest evolving story is about Rusty Herr and Ethan Wentworth who ran a bovine reproductive services company called "NoBull Sires, LLC".
The dispute arose back in 2010 because the Ag Department sent them a cease and desist plus a statement of fine on the grounds that using an ultrasound was practicing veterinary medicine without a license. The counter argument was that the Ag Department was out of scope of the law. Routine checks don't meet the requirement of "diagnosis and treatment" for practising veterinary medicine, even if they involve an ultrasound machine.
Notably the Ag Department seems to have never filed the paperwork with a court, which is a prerequisite for enforcement. So they were likely aware of the legal issues. In 2020 the Pennsylvania Veterinary Medicine Association sent a complaint to the Department of State.
On April 10-11, 2024 they were arrested and sent to jail for 30 days for "contempt of court". The problem is that the Ag Department seems to have issued the arrest warrant on their own. The case has never been in court. They have not been before a judge.
So they are both in jail serving a 30 day sentence that didn't involve a judge and they haven't been allowed to see a judge.
There is a culture war angle here. The press seems to be reluctant to get involved for a few reasons. These days they like to defer to the bureaucracy, particularly when the Governor is from the right party. Plus Pennsylvania is in play for 2024 so they are reluctant to kick up a fuss that could help Trump.
I'm only finding coverage in the farming press right now and they don't really dive into the legal issues.
https://www.lancasterfarming.com/farming-news/news/livestock-ultrasound-operators-jailed-accused-of-unlicensed-vet-practice/article_39004570-fcd8-11ee-8396-1f8ec41b214f.html
https://agmoos.com/2024/04/17/pregnancy-is-not-a-disease-two-men-jailed-without-bail-for-repro-ultrasounding-of-dairy-cows/
In my experience, dairy farmers (and beef cattle farmers) doing their own ultrasounding is very common... When you have herds of hundreds of cattle that you are regularly artificially inseminating, it's just not practical to have a vet out to the farm to do routine preg checks. I can't speak much to the culture war angle, but this really just seems like unnecessary bureaucracy impeding on extremely anodyne agricultural practices
The issue isn't that they were doing their own preg checks, it's that they were operating and advertising a business that did it for other people for a fee. You can write your own will, for instance, but if you write wills for other people it's the unauthorized practice of law. Now, we can make the argument that that requiring a vet to do this is both unnecessary and outside the bounds of the statute, but there are two general problems I forsee with that.
The first is that the introduction of technology makes a lot of things that used to be the domain of trained professionals increasingly accessible to the general public. Take land surveying. Anyone of average intelligence can pull a deed from the courthouse, buy pro-grade survey equipment, and locate a pin, which is probably enough to do the trick if you're trying to see where you can put up a fence on your own property. But the field is deceptively complicated, and when the same guy decides to go into business for himself as a surveyor with no more training than basic YouTube tutorials, he's asking for trouble. The second problem is that most professional fields are so varied that it's impossible to define every specific thing one needs a license to do. The legislature can't run back into session every time someone comes up with a new medical procedure to make sure that you need a license to do it.
As for specific problems with allowing unlicensed people to do preg checks as a business, I can't comment on because I don't know anything about vet science. But if this is something that's plausible then the solution is to lobby the state legislature to clarify the law to specifically allow it; God knows the farm lobby in PA is powerful enough to make it happen if there's that much of a call for it and the only real opposition is from vets that don't like it. But the solution isn't to start a business doing it and ignore the state when they tell you to stop.
This seems fine? So long as that person is not allowed to claim to be a licensed land surveyor who's surveys will be accepted by, like, the Land Titles Office (much less the neighbours) -- consumers can probably decide for themselves whether such a survey is of value to them? (hint: the only time anybody is likely to get something surveyed it's because some government agency (or maybe the neighbours) is forcing them to; if that agency won't accept the results the survey is worth zero dollars
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