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What Does the Law Say about Vets Handling Pets Whose Owners are Unknown to Them?

This story has been gnawing at my heart all day.  A 17 year old Corgi mix named Basie was in her VA yard on November 1st.  The owner, Allen Holmes, was home and in fact, had snapped a photo of Basie getting a drink of water in the yard at 12:06pm.  When he went out to check on her 10 minutes later, she was gone.  Mr. and Mrs. Holmes searched for Basie and posted flyers throughout their neighborhood.  Basie reportedly walked very slowly so they did not think she could have gone far.

As it turns out, a woman had picked up Basie “wandering in the woods”, thinking she was a stray, and brought the dog to her vet.  The vet examined the dog, noting some health problems – which would not be unusual for a 17 year old dog – but also described Basie as alert and responsive.  Then the vet killed her.

Upon learning what had happened to Basie, the owners were very upset.  They asked police to investigate and they contacted the local news:

[Prince William County Police] Sgt. Kim Chinn said they found no evidence of a crime and that both the woman who picked up the dog and the vet appeared to be doing what they thought was right.

When the local news asked the vet clinic for an explanation as to why they killed Basie, a staff member tried to pin the decision to kill the dog on the Fairfax County Animal Shelter, saying the shelter had instructed the vet to kill Basie:

But the Fairfax County Police Department, which oversees Animal Control, says the shelter would never give that advice.  Officer Shelly Broderick says the decision to euthanize, was  the veterinarian’s alone.

There are a number of concerns here to my mind but before anyone tries to blame the killing on the owners, please keep in mind that the article does not detail what the circumstances were in Basie’s yard.  We don’t know if there was a fence, if this was an unfenced, large property in a rural area, or what the case may be.  And whatever the owners were doing with Basie was apparently at least good enough to keep her alive for 17 years which is no small feat.  Mrs. Holmes also mentions that Basie was very clean, had recently had her nails trimmed and had a tooth extracted.  This indicates to me that the owners took good care of Basie.  And perhaps equally as significant, it indicates that Basie’s vet felt she was stable enough for anesthesia in order to have a dental procedure performed.  That fact, along with the other vet’s description of Basie as alert and responsive, makes it very difficult for me to accept that anyone believed Basie was medically hopeless and suffering.  And if no one believed that, how were they “doing what they thought was right” by killing her?

A vet is in a unique position with regard to stray pets in the community for two main reasons:

  1. Some people believe that bringing a pet they find to a vet is a kind option, especially if the local shelter has a reputation for killing animals.
  2. Vets are licensed to have Fatal Plus on hand – and to use it.

It concerns me that the officer who investigated stated no crime was committed.  Is there no law on the books in VA to prevent a vet from killing a pet whose owner has not signed a euthanasia consent form?  Even if the vet thinks the pet is a stray, there is no way to know that for certain.  Shouldn’t the vet be required by law to either turn the pet over to the shelter or at least make efforts to locate the owner themselves if they choose to keep and treat the pet for the legally required holding period (or longer)?  Do you know what the law requires of vets in your state with regard to stray animal handling?

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