The following opinion outlines
the parameters under which embryo transfer can be performed
in California. Although embryo transfer is a segmented
process, as a whole it constitutes the practice of veterinary
medicine and cannot be performed without supervision
of a California licensed veterinarian.
Definition
Embryo transfer is a procedure whereby an embryo
is removed from a donor cow and placed in
the uterus of a recipient cow for the duration
of gestation. The procedure is commenced
by administering hormones to the donor cow
to induce "superovulation" whereupon the
animal is usually artificially bred. Approximately
seven to ten days later, the transfer takes
place by administering an epidural anesthesia
to the donor cow and removing the fertilized
ova by a manual procedure of directing a
catheter through the cervix into the uterine
horn. Several doses of small amounts of nutrient
medial are placed into the uterine horn and
then pulled out by either suction with a
syringe or gravity flow. The media recovered
from the uterine horns is searched for ova
and those deemed viable are inserted into
the recipient cow in a procedure similar
to artificial insemination.
Section 4826 of the Business and Professions
code provides that a person practices veterinary
medicine when he or she does any of the following:
"...(c) administers a drug, medicine,
appliance or application or treatment of whatever
nature for the prevention, cure or relief of
a wound, fracture, or bodily injury or disease
of animals..." or
"...(e) performs any manual procedures for the diagnosis of pregnancy, sterility
or infertility upon livestock."
Assuming that embryo transfers are performed
for purposes of breeding (e.g. to develop or
improve a particular type of cow) rather than
as a therapeutic means of attempting to alter
a diseased or abnormal physical state (e.g.
sterility), it would not fall within the provisions
of subdivision (c) of section 4826. Thus, the
manual procedure of withdrawal and insertion
of the ova, for the purposes of breeding, is
not for the purpose of preventing, curing or
relieving a wound fracture or bodily injury
or disease, but instead directed at a condition
(i.e. to induce pregnancy in a healthy animal)
and thus would not constitute the practice
of veterinary medicine.
However, the manual determination of whether
(1) a cow is fertile for purposes of determining
its potential to act as a donor, or (2) a cow
is "available (i.e. not pregnant) for purposes
of being a recipient, and (3) the embryo transfer
was successful (i.e. the recipient cow is pregnant)
would constitute a manual procedure for the
diagnosis of pregnancy, sterility or infertility
within the provisions of section 4826 (e) and
must be performed by a licensed veterinarian.
In regard to the administration of the epidural
anesthesia, only a licensed veterinarian or
registered veterinary technician is authorized
to induce anesthesia and accordingly, an unlicensed
person could not perform this procedure.
Conclusion
Bovine embryo transfer is a segmented process
involving various procedures that occur over
several days. Many of the procedure segments
associated with embryo transfer, such as
the removal and insertion of ova DO NOT constitute
the practice of veterinary medicine and may
be performed by unlicensed persons.
However, procedures such as the manual determination
of pregnancy, sterility or infertility and
anesthesia administration constitute the
practice of veterinary medicine, and may
only be performed by licensed veterinarians.
Since there are procedures involved with bovine
embryo transfer that constitute the practice
of veterinary medicine, an unlicensed person
would be prohibited from conducting an embryo
transfer independent of a licensed veterinarian.
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