An emerging area of equine law has been focused on the practice and licensing of equine sports therapy, chiropractic care, and massage.  Performance show horses, much like top Olympic athletes, are susceptible to injuries and other conditions affecting the musculoskeletal system.  In order to treat and help horses maintain peak physical performance, some horse owners and trainers look to various therapies, including the use of laser therapy machines, acupuncture, chiropractic care, massage, and so on.  However, with the on-going advancements in equine sports medicine as well as the increased access to various treatments, the line between the practice of veterinary medicine and the use of alternative or holistic therapy has become blurred.  This has raised a host of legal issues, particularly for those performing or offering those treatments.

Are these therapies actually the practice of veterinary medicine?  Do you need to be a licensed veterinarian to use a laser therapy machine or perform acupuncture on your horse?  Can your trainer perform the treatment if he or she bought or leased the necessary equipment?  Does he or she need to be certified or somehow licensed by the state?  Surely, simple equine “massage” is permitted… right?  Unfortunately, there is no one size fits all answer and the law concerning equine therapies vary greatly from state to state.  However, what is apparent is that litigation has recently emerged in this area and states are figuring out how to regulate practitioners of those therapies.

Generally, the laws concerning equine therapies fall into three very broad categories: (1) allowed without regulation; (2) allowed with veterinarian referral; (3) allowed with veterinarian supervision.  The language of the laws and regulations of each state vary greatly and there is little uniformity.  Some states are largely unregulated when it comes to treatment, while others allow a veterinarian to refer or delegate the performance of procedures, therapeutic options, and alternative therapies.  The most strictly regulated states require direct veterinarian supervision.  In those states requiring veterinary supervision, the laws often mandate that a veterinarian be physically present on the premises to oversee the treatment as opposed to merely being on-call.  The laws of each state are constantly changing and vary greatly with respect to the level of veterinary oversight required.

In addition, the specific type of treatment must also be considered.  For example, are you simply using your hands to massage the horse’s muscles or are you using a more invasive rehab-type therapy with sophisticated machinery?  Most states permit equine massage therapy to be performed without much veterinary oversight, if at all.  On the other hand, if the treatment goes beyond a simple massage (i.e., shock wave therapy, manipulation, wound care, etc.), then this treatment can typically only be done under the referral or direct supervision of a licensed veterinarian.  Nevertheless, you should consider consulting with an equine attorney to confirm the level of veterinarian oversight required by your state, which is generally dictated by the State Board of Veterinary Medicine.

In reality, most horse owners and trainers know a lot about horses and know how to properly care for them despite not being a licensed veterinarian.  So what is the big deal with providing horses some equine sports therapies on your own?  The big deal is that you can face civil or criminal penalties for the unauthorized and unlicensed practice of veterinary medicine for any treatment requiring a level of veterinarian supervision.  For example, in some states, practicing veterinary medicine without a license is considered a felony.  Getting caught can result in significant fines and even prison time depending on the circumstances.  Additionally, if something goes wrong during a treatment session and the horse is hurt, then the practitioner could be held legally responsible for the injuries.  The question then becomes does this person have the proper liability insurance to cover the incident?  If the practitioner is a veterinarian or licensed therapist, then the answer is probably yes.  However, what if the person performing the therapy is your horse trainer?  Then the answer becomes less clear.   General liability insurance will likely not provide coverage for this kind of incident.  Finally, while horse owners and trainers do have a breadth of knowledge about the care and treatment of horses, it is important to acknowledge that they are not experts.  Horses, like people, are all different and what works for one horse may not work for the next.  It is best to rely upon those practitioners with the education, training, and experience to properly diagnose and recommend the best course of treatment for each horse’s particular injury or condition.

The use and practice of various equine therapies is sure to only grow in popularity.  It will be interesting to see how the law develops with the on-going advancements in equine sports medicine.  

Katherine Jarve is a partner at the Marlton, New Jersey law firm of Jarve Granato Starr, LLC. She is licensed in New Jersey and Pennsylvania and maintains a practice in personal injury and civil litigation, including equine related issues. Katherine spent her childhood competing on thenational AQHA show circuit. This article is for informational purposes only and is not intended to be legal advice. If you have a specific legal question or problem, consult with an experienced equine law attorney. Questions, comments or suggestions can be e-mailed to kjarve@nj-triallawyers.com.