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A07899 Summary:

Amd 6701, Ed L
Excludes the use of equine pulsed electromagnetic field therapy from the practice of veterinary medicine.
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A07899 Actions:

05/28/2019referred to higher education
06/06/2019amend and recommit to higher education
06/06/2019print number 7899a
01/08/2020referred to higher education
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A07899 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Pretlow
  TITLE OF BILL: An act to amend the education law, in relation to the practice of veterinary medicine   PURPOSE: This bill is designed to both reduce the potential for animal cruelty by allowing better access to care for racehorses by clarifying that the practice of electromagnetic field therapy does not fall with the purview of veterinary medicine. Additionally, this bill will align New York's veterinary medicine statutory framework with other states that have significant equine industries.   SUMMARY OF PROVISIONS: Section 1: Section 6701 of the education law is amended to clarify the floating of equine teeth and/or therapy utilizing non-medical Food and Drug Administration Class 1 registered devices are not within the prac- tice of veterinary medicine.   JUSTIFICATION: At nearly every thoroughbred racetrack in the United States, skilled non-veterinary tradesmen and women perform electromagnetic field therapy with non-invasive devices on the back or limbs of horses as standard care in order to increase circulation, decrease inflammation, and improve mobility in the equine athlete. No other state requires profes- sional licensing to perform such therapy because it represents an adjunctive non-invasive means to improve the overall health and well-be- ing of racehorses without the use of pharmacological. In addition, the New York State Equine Medical Director has opined that "equine treatment is ,non-invasive, has no known side effects and does not require veteri- nary training to safely administer". However, the State Veterinary Board within the Office of the Professions has recently adopted the position that the use of electromagnetic field therapy needs to be performed by a veterinarian or veterinary technician under the supervision of a veterinarian. This issue is similar to the equine dentist issue that was addressed by the courts and by the legislature through Chapter 268 of the Laws of 2014. The Appellate Division decision in Brown v. NYS Racing and Wager- ing Board, 60 AD3d 107 (2009), affirmed the lower court and noted the issue did "not involve matters of judgment reserved exclusively for licensed veterinarians, but rather address themselves to ordinary and standard care necessary for the good health and well-being of the horse."   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect immediately.
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A07899 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      May 28, 2019
        Introduced by M. of A. PRETLOW, WOERNER -- read once and referred to the
          Committee  on  Higher Education -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
        AN ACT to amend the education law, in relation to the practice of veter-
          inary medicine

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  6701 of the education law, as amended by chapter
     2  268 of the laws of 2014, is amended to read as follows:
     3    § 6701. Definition of practice of veterinary medicine. The practice of
     4  the profession of veterinary medicine is defined as  diagnosing,  treat-
     5  ing,  operating,  or  prescribing  for any animal disease, pain, injury,
     6  deformity or dental or physical condition, or the subcutaneous insertion
     7  of a microchip intended to be used to  identify  an  animal.    "Animal"
     8  includes  every  living  creature except a human being.  Notwithstanding
     9  the foregoing provisions of this section, no provisions of this  section
    10  shall  be  construed  to  include the floating of equine teeth or equine
    11  pulsed electromagnetic field therapy as being  within  the  practice  of
    12  veterinary medicine.
    13    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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