Mice of the genus Mus that are bred for research are not covered by the provisions of the Animal Welfare Act1, but because River Scientific receives funding from NIH, the PHS Policy2 does apply. Section IV.A.3.b.1 of the PHS Policy states that the IACUC should include at least “one Doctor of Veterinary Medicine, with training or experience in laboratory animal science and medicine, who has direct or delegated program authority and responsibility for activities involving animals at the institution”2. This requirement is supported by the Guide3, which is used as the basis for developing and implementing an institutional program for activities involving animals that are covered under PHS Policy. According to the Guide, “the primary oversight responsibilities within the Program rest with the Institutional Official, the Attending Veterinarian, and the IACUC” and “the Attending Veterinarian (AV) is responsible for the health and wellbeing of all laboratory animals used at the institution. The institution must provide the AV with sufficient authority, including access to all animals, and resources to manage the program of veterinary care”3. In addition, the Guide states that “the AV should oversee other aspects of animal care and use (e.g., husbandry, housing) to ensure that the Program complies with the Guide”3.
Crutch is correct in his argument that both PHS Policy and the Guide give him, the AV, programmatic authority and responsibility for activities involving animals. Wilensky could argue that PHS Policy and the Interagency Research Animal Committee's US Government Principles of the Utilization and Care of Vertebrate Animals Used in Testing, Research and Training4 give him the authority to direct the housing, feeding and nonmedical care of the animals because he is a scientist “trained and experienced in the proper care, handling, and use of the species being maintained or studied”2,4. Although Wilensky is trained and experienced in the proper care and use of the animals, the veterinarian's programmatic authority and responsibility supersedes his. In addition, River Scientific's PHS Assurance indicates that the AV has direct program authority for activities involving animals.
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