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A07203 Summary:

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A07203 Floor Votes:

A07203 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7203--C
                                                                Cal. No. 482
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 26, 2009
                                       ___________
 
        Introduced by M. of A. ABBATE, PHEFFER -- Multi-Sponsored by -- M. of A.
          KOON, SALADINO, TOWNSEND -- read once and referred to the Committee on
          Higher  Education  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended  and  recommitted  to  said  committee  --  again

          reported  from  said  committee  with amendments, ordered reprinted as
          amended and recommitted to said committee -- reported from  committee,
          advanced  to a third reading, amended and ordered reprinted, retaining
          its place on the order of third reading
 
        AN ACT to amend the education law, in relation to  continuing  education
          for veterinarians and veterinary technicians
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The education law is amended by adding a new section 6704-a
     2  to read as follows:
     3    § 6704-a.  Mandatory continuing education for veterinarians.   1.  (a)
     4  Each veterinarian, licensed pursuant to this article, required to regis-
     5  ter  triennially  with  the  department  to practice in this state shall

     6  comply  with  the  provisions  of  the  mandatory  continuing  education
     7  requirements,  except  as  set  forth  in paragraphs (b) and (c) of this
     8  subdivision. Veterinarians who do not satisfy the  mandatory  continuing
     9  education  requirements  shall  not  practice  until  they have met such
    10  requirements and have been issued a registration or  conditional  regis-
    11  tration certificate.
    12    (b) Veterinarians shall be exempt from the mandatory continuing educa-
    13  tion requirement for the triennial registration period during which they
    14  are  first  licensed.  In  accordance  with  the intent of this section,
    15  adjustments to the mandatory continuing  education  requirement  may  be
    16  granted  by  the department for reasons of health, certified by a physi-

    17  cian, for extended active duty with  the  armed  forces  of  the  United
    18  States,  or  for other good cause acceptable to the department which may
    19  prevent compliance. Veterinarians engaged on a full-time  basis  in  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00347-10-0
        A. 7203--C                          2
 
     1  teaching of veterinary medicine at a veterinary education program regis-
     2  tered  by  the  department  or  accredited  or approved by an acceptable
     3  accrediting organization shall be exempt from the requirements  of  this
     4  section.

     5    (c) A licensed veterinarian not engaged in professional practice shall
     6  be  exempt  from the mandatory continuing education requirement upon the
     7  filing of a statement with the department  declaring  such  status.  Any
     8  licensee who returns to the practice of veterinary medicine shall notify
     9  the  department  prior  to reentering the profession and shall meet such
    10  mandatory continuing education requirements as shall  be  prescribed  by
    11  regulation of the commissioner.
    12    2.  During  each triennial registration period an applicant for regis-
    13  tration shall complete a  minimum  of  forty-five  hours  of  acceptable
    14  formal  continuing education, a maximum of twenty-two and one-half hours

    15  of which may be self-instructional coursework acceptable to the  depart-
    16  ment.  Any  veterinarian  whose  first  registration  date following the
    17  effective date of this section occurs less than three  years  from  such
    18  effective  date,  but  on  or  after January first, two thousand twelve,
    19  shall complete continuing education hours on a  prorated  basis  at  the
    20  rate  of  one  and  one-quarter hours per month for the period beginning
    21  January first, two thousand twelve up to  the  first  registration  date
    22  thereafter.    A licensee who has not satisfied the mandatory continuing
    23  education requirements shall not  be  issued  a  triennial  registration
    24  certificate  by the department and shall not practice unless and until a

    25  conditional registration certificate is issued as provided  in  subdivi-
    26  sion  three  of  this  section, or until he or she has otherwise met the
    27  requirements of this section.  The individual licensee  shall  determine
    28  the  selection  of  courses or programs of study pursuant to subdivision
    29  four of this section.
    30    3. The department, in its discretion, may issue a  conditional  regis-
    31  tration  to  a  licensee  who  fails  to  meet  the continuing education
    32  requirements established in subdivision two  of  this  section  but  who
    33  agrees  to  make  up  any deficiencies and take any additional education
    34  which the department may require. The fee for such a conditional  regis-
    35  tration shall be the same as, and in addition to, the fee for the trien-

    36  nial  registration.  The duration of such conditional registration shall
    37  be determined by the department. Any licensee who  is  notified  of  the
    38  denial  of  registration for failure to submit evidence, satisfactory to
    39  the department, of completion of required continuing education  and  who
    40  practices  veterinary medicine without such registration, may be subject
    41  to disciplinary proceedings pursuant to section sixty-five  hundred  ten
    42  of this title.
    43    4.  As  used in this section, "acceptable formal continuing education"
    44  shall mean formal programs of learning which contribute to  professional
    45  practice of veterinary medicine which are offered by sponsors of veteri-
    46  nary  continuing  education  approved by the department, in consultation

    47  with the state board for veterinary medicine, to fulfill  the  mandatory
    48  continuing  education  requirement.  Sponsors  of  veterinary continuing
    49  education shall include  state  or  national  professional  associations
    50  established to further the veterinary professions, and shall include any
    51  affiliates of such associations including local veterinary medical soci-
    52  eties and generally recognized state, national and international veteri-
    53  nary  conferences  at which professional continuing education is a major
    54  component of such conferences, as  well  as  universities  and  colleges
    55  offering  programs  leading  to  licensure  in  the  veterinary  medical
    56  professions. Sponsors of veterinary medicine continuing education  shall

        A. 7203--C                          3
 
     1  file  an  application  with the department and pay a fee of nine hundred
     2  dollars.
     3    5.  The mandatory continuing education fee shall be established by the
     4  department, and shall be payable on or before  the  first  day  of  each
     5  triennial  registration  period,  and  shall  be paid in addition to the
     6  triennial registration fee required by section sixty-seven hundred  four
     7  of this article.
     8    §  2.  The  education law is amended by adding a new section 6711-b to
     9  read as follows:
    10    § 6711-b. Mandatory continuing education for  veterinary  technicians.
    11  1.  (a)  Each  veterinary technician, licensed pursuant to this article,
    12  required to register triennially with the department to practice in this

    13  state shall comply with  the  provisions  of  the  mandatory  continuing
    14  education requirements, except as set forth in paragraphs (b) and (c) of
    15  this subdivision. Veterinary technicians who do not satisfy the mandato-
    16  ry  continuing education requirements shall not practice until they have
    17  met such requirement and have been issued a registration or  conditional
    18  registration certificate.
    19    (b) Veterinary technicians shall be exempt from the mandatory continu-
    20  ing  education  requirement for the triennial registration period during
    21  which they are first licensed. In accordance with  the  intent  of  this
    22  section,  adjustments  to the mandatory continuing education requirement
    23  may be granted by the department for reasons of health, certified  by  a

    24  physician,  for extended active duty with the armed forces of the United
    25  States, or for other good cause acceptable to the department  which  may
    26  prevent compliance.  Veterinary technicians engaged on a full-time basis
    27  in the teaching of veterinary medicine at a veterinary education program
    28  registered  by  the department or an accrediting organization acceptable
    29  to the department shall be exempt from the requirements of this section.
    30    (c) A licensed veterinary  technician,  not  engaged  in  professional
    31  practice  shall  be  exempt  from  the  mandatory  continuing  education
    32  requirement upon the filing of a statement with the department declaring
    33  such status. Any licensee who returns  to  the  practice  of  veterinary

    34  technology  shall  notify the department prior to reentering the profes-
    35  sion and shall meet such mandatory continuing education requirements  as
    36  shall be prescribed by regulation of the commissioner.
    37    2.  During  each triennial registration period an applicant for regis-
    38  tration shall complete a minimum  of  twenty-four  hours  of  acceptable
    39  formal  continuing  education, a maximum of twelve hours of which may be
    40  self-instructional coursework acceptable to the department. Any  veteri-
    41  nary  technician  whose  first registration date following the effective
    42  date of this section occurs less than three years  from  such  effective
    43  date, but on or after January first, two thousand twelve, shall complete

    44  continuing  education  hours  on a prorated basis at the rate of one and
    45  one-quarter hours per month for the period beginning January first,  two
    46  thousand twelve up to the first registration date thereafter. A licensee
    47  who  has  not  satisfied the mandatory continuing education requirements
    48  shall not be issued a triennial registration certificate by the  depart-
    49  ment  and shall not practice unless and until a conditional registration
    50  certificate is issued as provided in subdivision three of this  section,
    51  or  until  he or she has otherwise met the requirements of this section.
    52  The individual licensee shall determine  the  selection  of  courses  or
    53  programs of study pursuant to subdivision four of this section.

    54    3.  The  department, in its discretion, may issue a conditional regis-
    55  tration to a  licensee  who  fails  to  meet  the  continuing  education
    56  requirements  established  in  subdivision  two  of this section but who
        A. 7203--C                          4
 
     1  agrees to make up any deficiencies and  take  any  additional  education
     2  which  the department may require. The fee for such a conditional regis-
     3  tration shall be the same as, and in addition to, the fee for the trien-
     4  nial  registration.  The duration of such conditional registration shall
     5  be determined by the department. Any licensee who  is  notified  of  the
     6  denial  of  registration for failure to submit evidence, satisfactory to

     7  the department, of completion of required continuing education  and  who
     8  practices  veterinary  technology  without  such  registration,  may  be
     9  subject to  disciplinary  proceedings  pursuant  to  section  sixty-five
    10  hundred ten of this title.
    11    4.  As  used in this section, "acceptable formal continuing education"
    12  shall mean formal programs of learning which contribute to  professional
    13  practice  of  veterinary  technology  which  are  offered by sponsors of
    14  veterinary technician continuing education approved by  the  department,
    15  in consultation with the state board for veterinary medicine, to fulfill
    16  the  mandatory  continuing education requirement. Sponsors of veterinary
    17  technician continuing education shall include state or national  profes-

    18  sional  associations  established  to further the veterinary professions
    19  and shall include any affiliates of such  associations  including  local
    20  veterinary  medical  societies and local veterinary technician societies
    21  and generally recognized state, national  and  international  veterinary
    22  and  veterinary  technician conferences at which professional continuing
    23  education is a major component of such conferences, as well as universi-
    24  ties and colleges offering programs leading to licensure in the  veteri-
    25  nary  medical  professions. Sponsors of veterinary technician continuing
    26  education shall file an application with the department and pay a fee of
    27  nine hundred dollars.
    28    5. The mandatory continuing education fee shall be established by  the

    29  department,  and  shall  be  payable  on or before the first day of each
    30  triennial registration period, and shall be  paid  in  addition  to  the
    31  triennial registration fee required by section sixty-seven hundred elev-
    32  en of this article.
    33    §  3. This act shall take effect on the first of January next succeed-
    34  ing the date on which it shall have become a law.