Veterinary Cartel Stifles Competitors

By: Mercedes Clemens

I am a massage therapist who works with some very special clients. Most of them weigh over 1,000 pounds and engage in physically demanding activities. Like people, they enjoy a good massage to relax and comfort their bodies. I am an animal massage therapist, and my clients are horses.

At least they were, before my growing business caught the eye of Maryland officials.

I’ve been around horses my entire life, so when I decided to change careers, the growing field of equine massage was a perfect fit. I attended a private animal massage school, was privately certified in equine massage and also went on to become a Maryland-licensed massage therapist. Since starting my business, I’ve worked repeatedly with dozens of horses who have become happier and more comfortable through gentle massage.

But none of that mattered to the Maryland Board of Chiropractic Examiners—which licenses massage therapists who work on humans—or the Maryland State Board of Veterinary Medical Examiners. These groups say that animal massage may only be performed by licensed veterinarians. They’ve ordered me to stop advertising my business on my website and stop performing animal massage. If I don’t, they have threatened me with thousands of dollars in fines, the loss of my license to massage humans and even criminal sanctions.

Giving veterinarians a monopoly on animal massage doesn’t make any sense. It is as absurd as saying that all massage therapists who work on people should be medical doctors. Veterinary schools offer little or no instruction in animal massage, most veterinarians have no training in the practice and few even offer it. Instead, animal massage practitioners learn the way I did, through hands-on instruction at a private animal massage school, without spending four years and $150,000 on veterinary school.

Further, animal massage is far safer than other practices that Maryland allows non-veterinarians to perform, like horseshoeing and acupuncture. An improperly shod horse might suffer infection, severe injury, or even death. But in more than 30 years around horses, I’ve never once heard of a horse being injured by massage.

As hard as the Veterinary and Chiropractic Boards’ position is to understand, it’s even harder to explain to the owners who have come to trust me with the care of their animals.

Recently I received a phone call from a horse owner, interested in having me come to her barn to massage her aging horse. When I explained to her that I could no longer provide animal massage services, she was taken aback.

"But you're a massage therapist, aren't you?"

I’ve gotten used to hearing this question over the last several months but, due to the absurdity of the Chiropractic and Veterinary Boards’ position, it’s not gotten any easier to answer. I sensed the frustration, the sadness, the feeling of helplessness she was experiencing. She clearly wanted to do what she felt was right for her horse, and for her that was massage therapy provided by an experienced massage professional.

I wanted to do something for her, so I asked about her horse. Gratefully, she proceeded to tell me all about him, what he had done in his life, what she had been doing for him to try to keep him comfortable as he aged, what she wanted for him. I couldn't give her what she called me for, but at least I could listen.

My clients and their animals deserve better than that, and so do I. The Maryland Constitution protects my right to earn an honest living free from unreasonable regulations. That’s why I’ve joined with the Institute for Justice, a national public interest law firm with a history of defending economic liberty. On June 10, 2008 we filed a lawsuit in Montgomery County Circuit Court in Rockville, Md., challenging Maryland veterinarians’ unconstitutional monopoly on animal massage.

I look forward to the day when I can once again work at the job I love. But I also hope that my case serves as a wake-up call to others about the threat of abusive occupational licensing laws, and a reminder that every American deserves the right to pursue happiness in the occupation of their choosing.

Mercedes Clemens is the plaintiff in Clemens v. Maryland State Board of Veterinary Medical Examiners, et al.

To read more about the case, click here.