Rooted in the bucolic state of Pennsylvania, a narrative is unfolding that sees two men, Ruthy Herr and Ethan Wentworth, currently imprisoned. Their crime? Ultrasounding dairy cows and horses without possessing a veterinary license. Operating under their breeding service, NoBull Solutions, these individuals have been served cease-and-desist orders by the State Veterinary Board in both 2018 and 2020. This has sparked a controversial debate – is pregnancy a disease?
Contrary to the state’s interpretation, federal courts have clarified that pregnancy is a condition, not a disease. Incidentally, the Veterinary Medicine Practice Act in Pennsylvania does not even mention pregnancy, rendering a scope for the state board’s interpretation. As per Barnes Law LLP, pregnancy is neither a disease nor an illness, and merely confirming pregnancy or successful reproduction is not equivalent to a diagnosis. Yet, Herr and Wentworth find themselves separated from their families, having already spent a week in captivity, with a looming threat of a full 30-day sentence.
“The circumstances of their arrests are troubling,” recounts Robert Barnes, Esquire, the new lead attorney for the Herr/Wentworth and NoBull Solutions defense. He contends that the arrest warrants were flawed as they did not originate from a court, and thereby implicates the State Vet Board for conspiracy. According to Barnes, this conspiracy with inept local sheriffs has resulted in an illegal and unlawful imprisonment, a clear violation of both state and federal constitutions.
The charge of contempt-of-court was spurred by the Pennsylvania Veterinary Medical Association’s (PAVMA) recent complaint against Herr and Wentworth. PAVMA accused them of ignoring previous fines and cease-and-desist orders from the State Veterinary Board. Notably, these fines were overlooked upon the advice of their former attorney to avoid admitting to any guilt.
The PAVMA complaint urged the State Vet Board to penalize three individuals employed with NoBull Solutions LLC with fines and cease-and-desist orders for “illegal practice of veterinary medicine by unlicensed individuals”. This casts a spotlight on the difference between diagnosis and observation, causing confusion as the state vet law only explicitly exempts equine farriers.
Small to mid-sized farms, unlike larger operations which can afford to hire full-time veterinarians, nutritionists, and technicians, rely heavily on independent hires for their services. Pennsylvania alone has witnessed a shocking decline of 46% in its dairy farms from 2017 to 2022. This precarious situation demands a level playing field for farmers to survive the rapid consolidation of this industry.
In response to these flagrant issues, PAVMA has escalated their endeavours, labelling the ultrasound concern as an advocacy position under the “illegal practice of veterinary medicine” banner. They have called upon their members to take action, furnishing downloadable blank forms and instructions. Their drive: to ensure the state remains cognizant of the ongoing issue.
You can read a comprehensive story by Bunting HERE.
