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The photo was shared repeatedly and the story ended up reported on a number of information outlets. The Board obtained more than 700 formal complaints and more than 2,700 emails concerning the incident.

The court docket reversed the dismissal of the owners’ breach of contract and negligence motion filed against the veterinarian and remanded for further proceedings. Lindsey v. Texas State Board of Veterinary Medical Examiners Not Reported in S.W. Lindsey had seen the cat combating together with her cat and defecating in her horse feeders and believed the cat to be a feral cat. However, there was proof that the cat really belonged to the neighbor and was a pet. Lindsey posted a photo of herself holding up the dead cat by the arrow.

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The courtroom discovered the state’s proffered purpose that animals can not communicate their symptoms as people can ordinarily was a persuasive rational foundation . The courtroom found the companies supplied by both professions are not interchangeable and thus, the physical-examination requirement just isn’t a protectionist measure for medical medical doctors. Ultimately, the court left it to the Texas legislature to expand any telemedicine adjustments to the veterinary apply code. On appeal, the court docket reversed and held that § 2305.eleven applied only to physicians, attorneys, and different skilled specifically delineated in the statute, not veterinarians.

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In 2016 the Texas State Board of Veterinary Medical Examiners initiated disciplinary proceedings towards Lindsey looking for to revoke her license and alleging violations of the Veterinary Licensing Act and Administrative Rules. While the continuing was pending, Lindsey filed a petition for declaratory judgment and equitable aid within the trial court docket. Due to this, Lindsey asserted that the Board lacked the authority to discipline her as a result of she had not been convicted of animal cruelty and her act didn’t contain the practice of veterinary medicine. The administrative law judges in the administrative-licensing continuing issued a proposal for determination and findings of truth and conclusions of law which the Board adopted and issued a last order suspending Lindsey’s license for five years . Lindsey then filed a petition for judicial evaluate in trial courtroom after the Board denied her motion for a rehearing. This case includes two appeals that come up from the disciplinary continuing filed against Lindsey by the Board. Lindsey appeals the first case ( CV) from the trial court docket denying her movement for summary judgment and granting the Board’s movement for abstract judgment and dismissing her go well with difficult the Board’s authority to convey its disciplinary action.