MVMA QUARTERLY - SPRING 2022
The Veterinarian’s Role in Animal Abuse and Neglect By Jean Schmidt, DVM Assistant State Veterinarian, Missouri Department of Agriculture Veterinarians may, on occasion, be involved in some manner with a potential animal abuse or neglect case. Some ways you may be involved in potential cases of animal abuse or neglect include the following: 1. You may have a client who comes to you with concerns of potential abuse or neglect. 2. You may discover firsthand knowledge of a suspected abuse or neglect case. 3. You may be called upon by local law enforcement to assess an animal during development of their investigation. 4. You may be called upon by the prosecution or defense to serve as an expert witness in a suspected abuse or neglect case. In whatever manner you become involved, it is important for you to know your responsibility and steps you can take to ensure animal welfare. Currently, Missouri veterinarians are not mandated to report animal abuse or neglect. However, most veterinarians will feel a responsibility to report suspected abuse or neglect. Knowing your role and to whom to report will simplify the process. In Missouri, animal abuse and neglect laws are under the jurisdiction of local law enforcement. This means that only local law enforcement has authority to take action regarding an abused or neglected animal. There may be other agencies that investigate complaints regarding animal abuse and/or neglect, but those agencies do not have authority to enter someone’s property without permission or seize animals from harm’s way. They must work with local law enforcement when action is needed. If you have not already done so, it would be a good idea to get to know your local law enforcement officials and determine which official is tasked with animal complaints. Clients who come to you with concerns of neglect or abuse should be made aware that there are a number of exemptions to the law, including practices which are considered normal and accepted among various professions, industries, and the public. The exemptions can be found in 578.007, RSMo and include such things as veterinary care under the provisions of the Missouri Veterinary Medical Board; scientific experiments under the auspice of IACUC; hunting, fishing or trapping under the provisions of the Missouri Department of Conservation; rodeo practices accepted by the PRCA; normal or accepted farm animal husbandry practices; and others. If the concerns of neglect or abuse seem valid, your client should be encouraged to make a report with the local police or sheriff. Complainants should be willing to provide their identity and contact information, specific allegations, documents or photos which might substantiate their claims, and also names and contact 12
information for any potential witnesses. It is unlikely that law enforcement will take action on complaints that are not of firsthand knowledge or that are given anonymously. There also may be instances in which you suspect abuse or neglect. In those instances, you should yourself make a report to the local police or sheriff. Be prepared to provide any and all documentation showing evidence of the suspected abuse or neglect upon request from law enforcement. You should not present any records or other privileged documents until and unless they are requested by law enforcement. As a basis for reference, a person commits the offense of animal neglect if he or she: (1) Has custody or ownership of an animal and fails to provide adequate care; or (2) Knowingly abandons an animal in any place without making provisions for its adequate care. A person commits the offense of animal abuse if he or she: (1) Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of sections 578.005 to 578.023 and 273.030; (2) Purposely or intentionally causes injury or suffering to an animal; or (3) Having ownership or custody of an animal knowingly fails to provide adequate care which results in substantial harm to the animal. It’s important to note that law enforcement officials are tasked with investigations, but there may be those instances in which they would rely upon a veterinarian to assist during case development. If you are sought out by law enforcement for this role, it is important that you be ready to leave written recommendations for adequate care as defined under law. Adequate care is defined as, “normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter, and health care as necessary to maintain good health in a specific species of animal.” It is important to provide your recommendations in writing so that if conditions aren’t improved, there is
