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Legal battle brewing on horse dental care

AUSTIN - There’s a horse battle raging in Texas.

It’s not being fought on the open range like the old days, but in the courtroom, where veterinarians and equine dentists are in a territorial struggle over who gets to fix horse teeth.

A group of horse dentists has filed a lawsuit to fight attempts by the state Board of Veterinary Medical Examiners to get them to stop practicing without a veterinary license. Dozens of horse dentists and horse owners rallied outside board offices Tuesday, claiming they are better trained in the craft than most licensed vets.

But state officials say they are bound by law to pull the reins on an industry that has expanded beyond simple procedures into areas that could prove dangerous for the animals.

In February, the board mailed letters to several equine dentists ordering them to stop their practice, which prompted the lawsuit that is pending in district court in Travis County.

“It puts people with experience and skill to care for horse teeth out of work,” said Clark Neily, attorney for the Virginia-based Institute for Justice, which is representing the horse dentists.

Dewey Helmcamp, executive director of the veterinary board, said horse dentistry has been included in the practice of veterinary medicine regulated under state law since 1911.

Over the years, the state has allowed the regular filing of horse teeth, known as “floating,” to be conducted by someone other than a vet. Horse teeth grow constantly and must be filed one or twice a year to remove fang-like points and align the animal’s bite.

Traditionally done with a hand-held file, the procedure has started involving more sophisticated methods, including power tools, which may require the animal to be sedated, Helmcamp said.

“Horses won’t stand still for people putting power tools in their mouth without sedation, so now they’re using power tools and dangerous drugs,” Helmcamp said.

Helmcamp, who has been executive director of the vet board about a year, said he decided to act after hearing concerns from veterinarians and horse owners about problems. He says the Legislature gave the agency specific approval in 2005 to step in.

“There’s no protection. If they harm or cause the death of your animal, there’s nobody you can complain to. They’re not licensed and not regulated,” Helmcamp said.

Veronique Matthews, who owns miniature horses, said she needs the horse dentists because her animals require special attention and she can’t find a vet with the expertise to work on them. Her horse dentist, Carl Mitz, is one of the plaintiffs suing the state.

“I need Carl,” she said. “My regular vet can’t do the job.”

Mitz said he’s worked on horse teeth for years with no previous problems.

“All the horses I work on have vets,” he said. “It’s not something that’s done in the middle of the night.”

In their lawsuit, the horse dentists note that more invasive procedures, such as branding, birthing, dehorning and even castration and artificial insemination, can be legally performed by non-veterinarians.

Helmcamp said he believes the Legislature will approve a compromise during the next session in 2009, which could allow horse dentists to practice in association with a licensed vet.

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