Louisiana Pet Lawyer

Pet Groomers and Licensing

Did you miss it?

Cheryl Mercedes' story on pet injuries at grooming facilities and the possibility of licensing groomers. The story generated a lot of comments on this blog and plenty of calls to Channel 9. Find out what all the commotion is about.

Here's the link: http://www.wafb.com/Global/story.asp?s=8256490

Pet Groomers Licensing & Injuries

Tune into Channel 9 this Wednesday at 10 p.m. for Cheryl Mercedes' story on pet injuries at grooming facilities and the possibility of licensing groomers in Louisiana. Complaints of pet injuries at grooming facilities is on the rise and there is a national debate on whether licensing groomers could help. Tune into Channel 9 April 30th at 10 p.m. for details.

Pet Care, Pet Care Business, Pet Law

Win for Compounding Pharmacies

A recent ruling by Judge Robert Junell in Texas district court held that drugs compounded by pharmacists are not the same as new drugs subject to FDA approval. The court also ruled that it is legal to compound bulk pharmaceutical ingredients for non-food animals. The latter ruling is of particular interest to veterinarians and their patients because vets often prescribe compounded medications to treat a variety of pet conditions. Some medications are only available by compounding bulk pharmaceutical ingredients. The FDA had asserted that prescribing and preparing these treatments was illegal.

Compounding pharmacies provide a variety of medications and services to vets. For example, a pharmacy may create a suspension with tuna, liver, chicken or fish flavor to make it more palatable to a pet. They also create transdermal gels, which allow pets to be medicated through the skin. Additionally, the pharmacies provide access to drugs that may not be available from pharmaceutical manufacturers, such as potassium bromide, which is used to treat animal seizures, but is no longer used for human seizures.

Technorati Tags: Pet Care, Pet Care Business, pet law

Insurance Options for Veterinarians

A variety of insurance options are available to help you and your clinic avoid a financial set back in the case of a claim against you or the clinic.

• Worker's Compensation - Most states require some type of worker's compensation coverage. It applies to both employer and employee in cases of on-the-job accidents. Keep in mind that some states require coverage for contract labor such as groomers.
• Employment Practice Liability - Protects the employer from employment-related lawsuits, such as discrimination or wrongful termination.
• Disability and Life Insurance - Practice owners should consider both to provide for protection in the event of death or disability. Some disability policies offer coverage for clinic overhead in addition to personal disability coverage.
• Professional Liability - Protects against professional malpractice claims. Some policies also cover certain staff members.
• Animal Bailee - Liability coverage extended to situations that are not malpractice, but an animal dies while in the vet's custody, care or control. For example, if one dog bites another.

A good insurance agent can help guide you through the various options. Also, check out resources such as the AVMA website.

Source for post: Veterinary Practice News, September 2006

Technorati Tags: Pet Care Business, Pet Contracts, Pet Law

Pet Grooming: Deadly Incidents at Pet Salons

Nicole Stackpole dropped off her nine-year-old Pekingese, Toby, at a grooming salon in Branford, Conn., for a bath and a haircut. Later, she received a call from the groomer, who told her to go to a veterinarian's office. When she arrived, she found Toby dead. According to local animal-protection authorities, Toby had been strangled by a restraint device after being left unattended for at least 15 minutes.

This experience is one of a number of pet deaths that have occurred at groomers around the country in the past year, raising concerns among some pet owners. The disturbing cases include reports of dogs overheating under dryers and the recent mauling of a poodle mix by larger dogs at a pet salon in West Virginia. Legislators in a number of states are considering laws that would more tightly regulate the pet grooming industry. While the number of pet deaths and injuries is small, there is evidence that it is a growing problem. According to the Council of Better Business Bureaus in Arlington, Va., there were 340 complaints against pet groomers in 2005, up 50% from 2000.

Tips for Safer Grooming

• Ask to stay with your pet during grooming or hire a mobile groomer that can come to you
• Look for a groomer who has graduated from a training program or who is a member of a national organization such as the National Dog Groomers Association of America
• Ask if a pet has ever been injured or died in the salon's care
• Ask for references
• Avoid the use of cage dryers; ask that your pet be hand or air-dried
• Check with the local better business bureau for complaints against the salon
• Make your groomer aware of any health problems specific to your pet or the breed

Source: The Wall Street Journal

Technorati Tags: Pet Care, Pet Care Business, Pet Law

Choosing a Structure for Your Pet Care Business - Series - Part 3

The Basic Steps for Forming an LLC or Corporation

The rules governing LLCs and corporations are state-specific. The following discussion focuses on the law in Louisiana. Other state’s laws may be similar. This is just an overview of the process.

How to Form an LLC

1. Decide on a name. The name of your business must be unique. The name must contain the words "limited liability company", the abbreviation "L.L.C.", or the abbreviation "L.C." For more information about the name, take a look at L.A. R.S. 12:1306. Your state's LLC office can tell you how to check if your proposed name is available for use. In Louisiana, go to the Secretary of State Corporations Database to search the list of names already taken.
2. File the articles of organization. Prepare and file the Articles of Organization with your state's LLC filing office, which is the Secretary of State in Louisiana. This document contains basic information about the LLC. You can download the form from this page.
3. Draft an Operating Agreement. This agreement provides rules for the operation of the business. It may include provisions regarding the owners’ percentage interests in the business, their rights and responsibilities, and voting.
4. Find out if you require licenses and permits and apply for them. Before you begin doing business, you need to obtain the required licenses and permits. In Louisiana, you can take advantage of the Secretary of State’s, First Stop Shop, to learn about the permits you might need.

How to Form a Corporation

1. Choose a name. Again, the name must be unique. Access the Louisiana Secretary of State Corporations Database to search for names already taken. The name must include “Corporation", "Incorporated" or "Limited", or the abbreviation of any of those words, or may contain the word "Company" or the abbreviation "Co." if the latter word or abbreviation is not immediately preceded by the word "and" or the symbol "&". See L.A. R.S. 12:23 for other rules regarding the corporation name.
2. File articles of incorporation. This document contains basic information about the corporation and is filed with the secretary of state or your state's filing office. You can download the form from this page.
3. Draft By-laws. This document contains the governing rules of the corporation, such as voting requirements, when and where meetings are held and corporate officer responsibilities.
4. Appoint a Board and Have a Meeting. Appoint a board of directors and have the first meeting. At first meeting, the directors adopt the by-laws, appoint officers, authorize the issuance of shares of stock, and make other preliminary decisions.
5. Issue stock. Issue shares of stock to the owners of the corporation.
6. Find out if you require licenses and permits and apply for them. As with an LLC you need to obtain the required licenses and permits before doing business. In Louisiana, you can take advantage of the Secretary of State’s, First Stop Shop, to learn about the permits you might need.

Technorati Tags: Pet Care Business, Pet Contracts, Pet Law

Choosing a Structure for Your Pet Care Business - Series - Part 2

LLCs and Corporations

Corporations and LLCs are similar to each other in that they limit the owners’ personal liability for business debts. This makes them different from sole proprietorships and partnerships in which the owners are personally responsible for business debts. They are also different in that you must do more than just start the business to form an LLC or corporation.

An LLC is not a separate legal or taxable entity. The owners still report their share of business income on their personal income tax returns. LLCs require registration with the state, annual fees, an operating agreement and other formalities.

A corporation is an independent legal and taxable entity. This means that the business is legally separate from the people who own and manage it. The owners of the corporation don't report business income on their personal tax returns. Instead, the corporation itself files an income tax return. However, the owners do pay personal income tax on salary they earn from the corporation. Corporations require registration with the state, annual fees, by-laws, issuing stock, regular meetings and other formalities.

An LLC or corporation might make sense for pet care service providers who:

• Have a higher risk of being sued by customers
• Operate out of a place of business, such as a boarding kennel
• May have large business debts
• Have substantial personal assets they wish to protect from business debts

One of these business structures may be appropriate for veterinarians, grooming shops, boarding kennels, breeders and doggie day care centers.

Next up: How to Form an LLC or Corporation

Technorati Tags: Pet Care, Pet Care Business, Pet Contracts, Pet Law

Choosing a Structure for Your Pet Care Business - Series - Part 1

Whether you are just starting out in the pet care business or you have been in business for some time, it’s a good idea to be familiar with the options for how you can structure your business. We’ll take a look at the common business structures, their advantages and disadvantages, and how to form them in a series of posts.

First you need to have an idea of the various options. The most common options are:

• Sole Proprietorship
• Partnership
• Limited Liability Company (LLC)
• Corporation

Sole Proprietorship and Partnerships

Many new businesses start out as a sole proprietorship. This is a one-person business that is not registered with the state. You just start running your business and that’s it. Under the law, the owner and the business are treated as one person. This means the owner reports business income on her personal return. It also means that the owner is personally liable for business-related debts.

A partnership is a similar structure, but has two or more owners versus one. You and your partners simply start up the business. A share of the business income is reported on each partner’s individual income tax return. Each partner is liable for debts of the business.

These structures are a good choice for small service-oriented businesses that don’t have much risk of being sued, don’t have a physical place of business and don’t borrow much money. For example, they might make sense for a dog walker or two pet sitters working together.

Next up: An Overview of LLCs and Corporations

Technorati Tags: Pet Care, Pet Contracts, Pet Law, Pet Care Business