A forensic physical exam is a systematic process of observing and recording the animal’s physical condition, which includes observations regarding level of pain, demeanor, and odor. Photos courtesy Oregon Humane Society The importance of vets’ roles in pet care is clear. Less clear is why it is equally important the role includes participating in the response to animal cruelty. Starting with the Veterinarian’s Oath, our profession has underscored the importance of animal cruelty response. This article will discuss the legislative trend of veterinary reporting laws and break down the various obligations for veterinarians across the country when these laws are passed. Concluding with arguably the most compelling reason to participate in the response to animal cruelty, and particularly timely for the recent Domestic Violence Awareness Month, but pertinent year-round, this piece will delve into the myriad of ways these crimes co-occur with interpersonal violence and claim other vulnerable victims, such as children and the elderly. Underscoring the importance of the veterinarian’s role requires addressing the concerns and hesitations we have about fulfilling that role. Let’s look at some of those concerns and present insight and guidance to alleviate these barriers to participation. The oath Similar to the Hippocratic Oath human medical doctors vow, the new veterinary medicine graduate swears an oath of dedication to the profession. Recent graduate or not, reviewing this oath underscores the duty of the profession to aid in responding to animal cruelty. “Being admitted to the profession of veterinary medicine, I solemnly swear to use my scientific knowledge and skills for the benefit of society through the protection of animal health and welfare, the prevention and relief of animal suffering, the conservation of animal resources, the promotion of public health, and the advancement of medical knowledge. I will practice my profession conscientiously, with dignity, and in keeping with the principles of veterinary medical ethics. I accept as a lifelong obligation the continual improvement of my professional knowledge and competence.” - Veterinarian’s Oath, American Veterinary Medical Association (AVMA) While the oath originated in 1965, language regarding the responsibility to protect the animal’s welfare and to prevent animal suffering was only recently adopted into the Veterinarian’s Oath in 2010. The small change has far-reaching meaning for the veterinary profession. “From today forward, every graduate entering our profession will swear an oath not only to protect animal health but also welfare; to not only relieve animal suffering but to prevent it,” says J. Bruce Nixon, DVM, then Animal Welfare Committee chair-elect, regarding the executive board action in 2010.1 “That’s a powerful statement defining ourselves and our responsibilities, not a vague symbol.” With that change, the oath underscores the duty of the veterinary profession to aid in responding to animal cruelty. A key component to upholding this obligation is to report suspected cruelty, protect the welfare of animals, and to intervene before the neglect of an animal becomes criminal. A forensic physical exam is a systematic process of observing and recording the animal’s physical condition, which includes observations regarding level of pain, demeanor, and odor. Photos courtesy Oregon Humane Society Veterinary reporting laws States across the country have increasingly been passing laws that either require or encourage veterinarians and veterinary technicians to report suspected animal cruelty. From Oregon’s 2003 veterinary mandatory reporting law that cites “a direct link between the problems of animal abuse and human abuse” (OR. REV. STAT. § 686.442) to Connecticut’s recent 2023 passage of a mandatory reporting law for veterinarians (also providing civil and criminal liability protections)—it is undeniably a legislative trend on a national scale.2 Of the 35 states that have either a mandatory or permissive reporting3 law on the books for veterinarians, 28 pair that with criminal and/or civil immunity for veterinarians reporting in good faith.4 These laws stem from an understanding animals are reliant on their caretakers for their survival needs, often powerless to resist their abusers, and are incapable of reporting or articulating mistreatment that befalls them. They rely on us, as first responders, as experts, to identify when there is a problem and come to their aid—be it through provision of resources and education or through a report to an enforcement agency. Animal cruelty and other crimes When we look at animal cruelty through a societal lens, we see clear connections between our relationships with animals and our relationships with other humans. Research has established an interconnectedness between animal abuse and interpersonal violence, including child and intimate partner abuse. This complex web is commonly referred to as “The Link.” Abusers often mistreat the family pet as a means of exerting power and control, or as a way to enforce their will over a partner or child. Harming or threatening to harm a companion animal can be used to keep a domestic violence victim from leaving their abuser or prevent a child from speaking about their own physical or sexual abuse. Abuse of a companion animal is one of the four most significant risk factors associated with someone committing domestic violence, and children often interfere to protect their animals from harm, putting their own safety at serious risk. In one study, 89 percent of women who had pets during a relationship involving domestic violence reported their companion animals were threatened, harmed, or killed by their abusive partner.5 Our report of concern about an animal shines a light on a situation that may be claiming other victims. Children who are exposed to animal abuse can become desensitized to other forms of violence. In addition to causing pain and suffering to the animal, animal abuse can be a sentinel indicator and predictor in children of future violent acts. We know familial violence is often intergenerational and young people who grow up with abuse, including animal abuse, in the home may develop into adults who lack empathy and are prone to inflicting harm on people and animals themselves, and engaging in other types of crime. Forensic examinations in trauma cases are ideally performed within 24 hours of the incident occurrence. Addressing concerns about reporting Veterinarians may hesitate to report suspected cruelty for a number of reasons, and doing so often falls outside the comfort zone of their day-to-day operations. It is understandable to have concerns about reporting. When your practice is faced with such decisions, keep in mind some of the following information that can help provide necessary perspective in that moment: The task of determining whether a crime has occurred is not the responsibility of the veterinarian This is important to keep in mind if you experience anxiety about the potential that you will damage someone’s livelihood, criminal record, or family due to a wrongful accusation. When you report your concerns, law enforcement will be responsible for conducting an investigation that may or may not set in motion criminal animal cruelty charges leading to prosecution. The veterinarian is the expert documenting what they find in examining the animal. The investigator, prosecutor, and potentially a judge or jury decide on guilt or innocence; that is not the veterinarian’s duty. Reporting suspected animal cruelty in good faith is unlikely to hurt your business or reputation In many cases reports do not become public information. Veterinarians are seen as professionals and animal advocacy is considered one of our responsibilities. Being the voice for a possible victim is a unique responsibility the public seems to expect generally, thus failure to report can be a serious blemish on a professional reputation. A practice policy to keep client and patient records confidential from the general public6 and to prohibit posting on social media help prevent the public from being involved in a potential case when it is not appropriate. You may have concern about your ability to share patient and client information with enforcement agencies due to client confidentiality Practice acts in some states recognize veterinary-client privilege, while others explicitly allow the privilege to be waived in circumstances where health and welfare are concerned. The AVMA released a position statement stating, “Disclosure may be necessary to protect the health and welfare of animals and people.”7 You can always require a written request from the investigating agency to include in your files before supplying client records to them. Veterinarians are uniquely qualified to contribute to animal cruelty investigations through the use and interpretation of radiographs and other diagnostics. Conclusion In our practice of veterinary medicine, we routinely assess our patients for discomfort, pain, and suffering. We regularly engage in diagnostic procedures to determine the extent of an injury or the cause of a patient’s poor condition. We use laymen’s terms to explain our findings to our clients or our coworkers while simultaneously creating a detailed, scientific medical record. Our actions in our everyday practice of veterinary medicine not only demonstrate our allegiance to the veterinary oath we took, but our capacity to carry out our duty as a first responder to animal cruelty, in keeping with that oath. These skills, that have become second nature to us, are the foundation of the veterinarian’s role in contributing to animal cruelty investigations. As veterinary reporting laws continue to trend legislatively, they need to be coupled with the support veterinarians and their staff require to feel confident in fulfilling their obligations under the law. A recent poll asked more than 1,000 veterinary professionals if they felt they received adequate training in recognizing and reporting animal abuse; 73 percent of respondents did not feel adequately trained or prepared in this regard.8 Most veterinary schools do not offer training on this subject as part of their core curriculum or otherwise, making the need for training resources on this topic dire. Understanding how daunting it can be to confidently recognize and report animal cruelty, it is imperative veterinarians know their participation in this realm of veterinary medicine does not have to occur in a vacuum. There is a network of colleagues who have experience participating in animal cruelty cases and are eager to help when called upon.9 Responding to animal cruelty is a responsibility shared by communities across the nation. Experts in the field continue to endeavor to make more training resources available, but they rely on you to embrace your role as a first responder. Animal cruelty occurs in all areas of the country, at all levels of affluence—prepare yourself to respond when, not if, it walks through your door. Working together in the field of shelter medicine and humane investigations, the creators of Victim to Verdict LLC combined their cross-disciplinary expertise and experience to create resources that provide education and support to anyone responding to animal cruelty concerns. The Victim to Verdict team includes Kris Otteman, DVM, ABVP Shelter Medicine, CAWA, national forensic veterinarian; Linda Fielder, CAWA, animal cruelty investigations and response expert; and Emily Lewis, Esq. MSEL, animal protection attorney. Their comprehensive textbook, titled Animal Cruelty Investigations: A Collaborative Approach from Victim to Verdict, published in 2022, was followed with the launch of an engaging online training program through the Oregon State University. References https://www.avma.org/javma-news/2011-01-01/veterinarians-oath-revised-emphasize-animal-welfare-commitment. https://aldf.org/project/laws-in-favor-of-reporting-of-animal-cruelty/. Permissive reporting definition: the state encourages veterinarians to report suspected animal cruelty but they do not mandate the veterinarian to report. Alabama, Alaska, Kansas, Missouri, New Mexico, North Dakota, and Wisconsin do not pair their reporting statutes with explicit immunity related to reporting. https://aldf.org/wp-content/uploads/2022/01/Animal-Legal-Defense-Fund-Link-Factsheet.pdf Veterinary records should be shared with enforcement agencies upon request in furtherance of an active investigation when your state practice act does not include language prohibiting you from doing so. The American Veterinary Medical Association’s Model Practice Act supports this disclosure of records, see Section 19(2): https://www.avma.org/sites/default/files/2021-01/model-veterinary-practice-act.pdf. https://www.avma.org/resources-tools/avma-policies/animal-abuse-and-animal-neglect Wogan, Lisa. “Many Veterinarians Feel Unprepared to Handle Animal Abuse Inadequate Education, Inconsistent Regulations Leave Practitioners Uncertain.” VIN, 23 Oct. 2023, news.vin.com/default.aspx?pid=210&Id=11730935&f5=1. Accessed 7 Mar. 2024. https://www.victim2verdict.com/about-us
