Dr. Guaio may have an argument on the tumor biopsy conducted by Dr. Ty. If the tumor biopsy was conducted as a part of routine veterinary care to understand the tumor type and determine a treatment plan for the dog, it is regulated by the state licensing boards (OLAW FAQ 8). However, in this case it is clear that Dr. Guaio does not have an argument. The tumor tissue was used to create a “designer drug” that was administered to client owned dogs. Furthermore, Dr. Ty conducted scans and blood chemistries to validate the drug efficacy, which constitutes research and must be IACUC approved. Because these animal studies were not IACUC-approved, GEU should consider providing guidance to Dr. Guaio about the use of data in publication or as a basis for a grant application.
According to OLAW (FAQ 8), the PHS Policy and the Animal Welfare Act and Regulations (AWAR) do not distinguish between animals owned by the institution and privately owned animals, and pets used in research must be covered under an IACUC-approved protocol. This study was not PHS funded; however depending on how the institution’s Assurance is written, PHS policy may apply to all research activities at the institution and would require that Dr. Ty’s veterinary clinic be listed as a covered component on the institution’s Assurance. Regardless of funding, these dogs meet the definition of an animal per Animal Welfare Act (Section 2132(g)) and are subject to the requirements of the AWAR, such that IACUC oversight is required of the research activities.
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