Brian
Actually there are specific laws pertaining to this as I pointed out in the BOI thread pertaining to the medical conditions required. Unfortuantely many state officials and officers are not aware of them all. However they are there and do apply Below are a few of the exserps<sp> These are all Oregon laws where this particular thread has risen from.
TITLE 16. CRIMES AND PUNISHMENTS
CHAPTER 167. OFFENSES AGAINST PUBLIC HEALTH, DECENCY AND ANIMALS
167.310. Definitions for ORS 167.310 to 167.350.
As used in ORS 167.310 to 167.350:
(1) "Animal" means any nonhuman mammal, bird, reptile, amphibian or fish.
(2) "Good animal husbandry" includes, but is not limited to, the dehorning of cattle, the docking of horses, sheep or swine, and the castration or neutering of livestock, according to accepted practices of veterinary medicine or animal husbandry.
(3) "Livestock" has the meaning provided in ORS 609.010.
(4) "Pet or domestic animal" means any animal that is owned or possessed by a person, other than livestock or poultry.
(5) "Physical injury" has the meaning provided in ORS 161.015.
(6) "Possess" has the meaning provided in ORS 161.015.
(7) "Serious physical injury" has the meaning provided in ORS 161.015.
(8) As used in ORS 167.325 and 167.330, "Minimum care" means care sufficient to preserve the health and well-being of an animal and, except for emergencies or circumstances beyond the reasonable control of the owner, includes, but is not limited to, the following requirements:
(a) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight.
(b) Open or adequate access to potable water in sufficient quantity to satisfy the animal's needs. Snow or ice is not an adequate water source.
(c) In the case of pet or domestic animals, access to a barn, dog house or other enclosed structure sufficient to protect the animal from wind, rain, snow or sun and which has adequate bedding to protect against cold and dampness.
(d) Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease.
(e) Pet or domestic animals shall not be confined to an area without adequate space for exercise necessary for the health of the animal or which does not allow access to a dry place for the animal to rest. The air temperature in a confinement area must be suitable for the animal involved. Confinement areas must be kept reasonably clean and free from excess waste or other contaminants which could affect the animal's health.
"""Please Note that it INCLUDED REPTILES.""""
It is interesting that Oregon where this particualr threads orgins are from states the following under. ORS161.015 PAY VERY SPECIAL ATTENTION TO # 7 & 8
161.015 General definitions. As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise:
(1) "Dangerous weapon" means any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.
(2) "Deadly weapon" means any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury.
(3) "Deadly physical force" means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury.
(4) "Peace officer" means a sheriff, constable, marshal, municipal police officer, member of the Oregon State Police, investigator of the Criminal Justice Division of the Department of Justice or investigator of a district attorney’s office and such other persons as may be designated by law.
(5) "Person" means a human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.
(6) "Physical force" includes, but is not limited to, the use of an electrical stun gun, tear gas or mace.
(7) "Physical injury" means impairment of physical condition or substantial pain.
(8) "Serious physical injury" means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
(9) "Possess" means to have physical possession or otherwise to exercise dominion or control over property.
(10) "Public place" means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation. [1971 c.743 §3; 1973 c.139 §1; 1979 c.656 §3; 1991 c.67 §33; 1993 c.625 §4; 1995 c.651 §5]
""The surgery does disfigure the animals and certainly does impair a funtion of a bodily organ.""
""""As for just anyone doing a surgery upon an animal'"""
Chapter 686 — Veterinarians; Veterinary Technicians
2001 EDITION
GENERAL PROVISIONS
686.010 Definitions. As used in this chapter, unless the context requires otherwise:
(1) "Animal medical problem" means any wound, injury, disease, discomfort, abnormality, deformity or defect of an animal.
(2) "Board" means the Oregon State Veterinary Medical Examining Board.
(3) "Veterinary college, or veterinary department of a university or college, of good standing and repute," means any veterinary college or department of a university or college, legally organized, which is approved and placed on the accredited list by the board, but in any event the accreditation requirements of the board shall be no more restrictive than the accreditation standards of the American Veterinary Medical Association. [Amended by 1967 c.334 §1; 1975 c.619 §1; 1987 c.651 §1]
686.020 License required to practice veterinary medicine; title and abbreviations usable by licensees. Except as otherwise provided by this chapter, no person shall:
(1) Practice veterinary medicine, surgery or dentistry, in this state unless the person holds a valid license issued by the Oregon State Veterinary Medical Examining Board and the license is not expired, revoked or suspended at the time of practice.
(2) Affix or append any letters to the name of the person, indicating a degree in medicine, such as V.S., V.D., D.V.S., M.D.C., D.M.C., D.V.M., or use the word doctor, veterinary, veterinarian, professor, animal doctor, animal surgeon, or any abbreviation or combination thereof of similar import in connection with the name of the person, or any trade name with which the person is interested, in the conduct of any occupation or profession pertaining to the diagnosis or treatment of animal diseases or conditions mentioned in this chapter, unless such person is legally entitled to use such designation. [Amended by 1987 c.651 §2]
686.030 Acts constituting the practice of veterinary medicine. A person practices veterinary medicine, surgery or dentistry when the person does any of the following in this state:
(1) Diagnoses, treats or prognosticates an animal medical problem.
(2) Prescribes or administers a drug, medicine or treatment for the prevention, cure, amelioration, correction or modification of an animal problem or for euthanasia.
(3) Induces anesthesia in an animal.
(4) Performs a surgical or dental operation or procedure upon an animal.
(5) Performs an embryo transfer or pregnancy, sterility or fertility evaluation.
(6) Gives an instruction or demonstration regarding the acts described in this section, except as an agent or employee of this state or of the federal government.
(7) Advertises or represents in any manner, publicly or privately, that the person is willing to do any of the acts described in this section. [Amended by 1987 c.651 §2a]
Brain you are correct most 1st year Biology students can preform this surgery as can a lay person. However at least in this instance we have law and presidance to say its wrong. Also if anyone does this without the proper training and equiptment and medications it is cruel and unusual.
Scott Bice