Legal battle divides horse industry

Carman Williams

cwilliams@weatherforddemocrat.com

Lawsuits fought in the halls of Austin could play in to the working world of Weatherford. The issue in debate is equine dentistry, and it has pitted horse dentists and their lawyers against the government-licensed veterinarians and the Texas State Board of Veterinary Medical Examiners.

With Weatherford being home to the state’s only licensed equine dentistry school, the results of the legal battles could have a social and economic impact on the community.

An equine dentist’s right to practice dentistry was put into question last year, when a law was enforced stating that only government-licensed vets could practice horse dentistry in Texas. In February 2007, the State Board sent out cease-and-desist letters to practicing horse dentists, and later announced that those who continued to practice dentistry could face fines up to $5,000 per day or jail time.

Nicole Oria is the General Counsel for the Texas State Board of Veterinary Medical Examiners. She said that the laws limiting the practice of equine dentistry protect the animals and owners in the state. Because equine dentists are not trained to administer medicines or sedatives, she said that the risks of them practicing on horses is too high.

“The Board takes the position that dentistry is dentistry is dentistry,” Oria said. “[Horse] dentists remove teeth without the ability to prescribe antibiotics. I don’t know of anyone who would have a tooth removed without antibiotics.”

She added that she believes some equine dentists have given sedatives without proper training, which could be very risky to the animal. Licensed veterinarians, on the other hand, have the training to administer medications, as well as legal accountability; something Oria said is very important.

“I think that if you’re providing a service that affects the health of animals, the public should have a recourse,” she said. “Because there is no legal licensing or regulation, you could be an equine dentist tomorrow.”

Oria also explained that the State Board does not decide the laws; they are created by the Texas Legislature. The Board’s job is to make sure that laws are enforced. As the equine dentistry law stands now, she explained, equine dentists must be employed by a vet as a veterinary technician in order to practice. She also said that vet techs are not allowed by law to perform “invasive dental practices,” but there is no hard and fast rule governing what procedures are considered “invasive.”

Oria described the laws as a legal responsibility to protect animals, but those opposed to the laws call them an illegal monopoly on the business. The Institute for Justice, a law firm representing entrepreneurs, said the Texas laws were an example of government power being used to protect an “elitist cartel of veterinarians.” IJ has brought two lawsuits to the Travis County District Court in Austin. The suits represent groups of equine dentists or private horse owners who want the ability to use equine dentists. The firm has brought similar suits to court in other states.

“Texas’ absurd licensing scheme is a lose-lose-lose for entrepreneurs, horse owners, and horses,” IJ senior attorney Clark Neily said in a written publication. “Wrapped in its bureaucratic cocoon of arrogance and indifference, the Board acts with total disregard for the best interests and clearly expressed desires of the horse-owning public.”

Randy Riedinger would like to see IJ make a change in the Texas laws. Riedinger is the director, owner, president and instructor of the Texas Institute of Equine Dentistry in Weatherford. The school is not certified — Texas does not offer certification in the field of horse dentistry — but is licensed by the Texas Workforce Commission and is the only licensed equine dentistry school in the state.

Many of Riedinger’s students attend school from out of state, and return to their home states where practicing equine dentistry is legal. He said the number of Texas students has decreased since the laws were enforced.

“A lot of people are worried about it,” Riedinger said. “They want to come to school but are worried about being able to work. The vets want to make it to where only they can do [dentistry], and I don’t think that’s right.”

Riedinger expressed a common concern from equine dentists, that vets receive too little dentistry training. He said most people would be shocked to see how much — or how little — dental training is in a vet school curriculum.

“They get eight hours of dentistry out of eight years of vet school,” Riedinger said. “Most of that is observation and anatomy. Our students get almost 300 hours before graduating.”

The Texas Institute of Equine Dentistry requires about 280 hours of classroom credit and hands-on training to graduate from the one-year program, and post-graduate courses are also available. Riedinger, like most proponants of equine dentistry, simply don’t believe that vets have the necessary skills.

“There’s more to it than just filing off the edges,” Riedinger said, referring to a common dental practice called floating. “It seems like [the vets] are trying to use their license to say they’re the only ones who can do it. It’s unfair and it’s a little deceiving to the public.”

Riedinger said that the State Board’s position, that unregulated dentists pose a widespread problem, is not accurate. He says, just like any business, a dentist’s reputation and results will determine his success.

“We stay busy,” Riedinger said. “The people want us.”