STATE OF NEW YORK
________________________________________________________________________
250--B
Cal. No. 410
2015-2016 Regular Sessions
IN SENATE(Prefiled)
January 7, 2015
___________
Introduced by Sens. LAVALLE, ADDABBO, HOYLMAN, LATIMER, PARKER, PERKINS,
VALESKY -- read twice and ordered printed, and when printed to be
committed to the Committee on Higher Education -- reported favorably
from said committee, ordered to first and second report, ordered to a
third reading, amended and ordered reprinted, retaining its place in
the order of third reading -- again amended and ordered reprinted,
retaining its place in the order of third reading
AN ACT to amend the education law, in relation to enacting the "veteri-
nary emergency response and mobility act of 2015"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "veterinary
2 emergency response and mobility act of 2015".
3 § 2. Section 6705 of the education law is amended by adding two new
4 subdivisions 14 and 15 to read as follows:
5 14. A veterinarian who is licensed in another state, and who is in
6 good standing in such state, providing services directly in connection
7 with an investigation by law enforcement of an alleged violation of
8 federal or state animal fighting or animal cruelty laws, within the
9 scope of the investigation and/or any related judicial proceedings,
10 subject to the following requirements: (a) an official invitation has
11 been extended to the veterinarian for a specified period of time by the
12 law enforcement authority with jurisdiction over the investigation; and
13 (b) such law enforcement authority determines that the veterinarian
14 possesses skills, training, or experience necessary and relevant to such
15 investigation of alleged incidents of animal fighting or animal cruelty.
16 Such exemption shall not extend beyond the time period specified by the
17 law enforcement authority with jurisdiction over such investigation. The
18 law enforcement authority shall notify the state veterinarian of any
19 investigation conducted pursuant to this subdivision for the purposes of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03379-05-5
S. 250--B 2
1 facilitating appropriate animal disease control measures, if necessary,
2 pursuant to articles five and twenty-six of the agriculture and markets
3 law. Any person practicing as a veterinarian in New York state pursuant
4 to this subdivision shall be subject to the personal and subject matter
5 jurisdiction and disciplinary and regulatory authority of the board of
6 regents as if he or she is a licensee and as if the exemption pursuant
7 to this subdivision is a license. Such individual shall comply with
8 applicable provisions of the rules of the board of regents, and the
9 regulations of the commissioner, relating to professional misconduct,
10 disciplinary proceedings and penalties for professional misconduct.
11 15. A veterinarian who is licensed in another state, and who is in
12 good standing in such state, providing services during an emergency or
13 natural disaster within the scope and location of assigned veterinary
14 medical duties of the response efforts if: (a) an official declaration
15 of the disaster or emergency has been made by the governor or the deleg-
16 ated state official; and (b) an official invitation has been extended to
17 the veterinarian for a specified time by the authority that has juris-
18 diction for coordinating the animal/agricultural issues in the state
19 during emergencies either within or outside the emergency management
20 assistance compact (EMAC). Any person practicing as a veterinarian in
21 New York state pursuant to this subdivision shall be subject to the
22 personal and subject matter jurisdiction and disciplinary and regulatory
23 authority of the board of regents as if he or she is a licensee and as
24 if the exemption pursuant to this subdivision is a license. Such indi-
25 vidual shall comply with applicable provisions of the rules of the board
26 of regents, and the regulations of the commissioner, relating to profes-
27 sional misconduct, disciplinary proceedings and penalties for profes-
28 sional misconduct.
29 § 3. Subdivision 3 of section 6712 of the education law, as amended by
30 chapter 333 of the laws of 1990, is amended and two new subdivisions 4
31 and 5 are added to read as follows:
32 3. Any student engaging in clinical practice under the supervision of
33 a licensed veterinarian in pursuance of an approved program for the
34 training of veterinary technology[.];
35 4. A technician who is licensed in another state, and who is in good
36 standing in such state, providing veterinary technology services other-
37 wise permissible pursuant to this article directly in connection with an
38 investigation by law enforcement of an alleged violation of federal or
39 state animal fighting or animal cruelty laws, within the scope of the
40 investigation and/or any related judicial proceedings, subject to the
41 following requirements: (a) an official invitation has been extended to
42 the technician for a specified period of time by the law enforcement
43 authority with jurisdiction over the investigation; and (b) such law
44 enforcement authority determines that the technician possesses skills,
45 training, or experience necessary and relevant to such investigation of
46 alleged incidents of animal fighting or animal cruelty. Such exemption
47 shall not extend beyond the time period specified by the law enforcement
48 authority with jurisdiction over such investigation. The law enforcement
49 authority shall notify the state veterinarian of any investigation
50 conducted pursuant to this section for the purposes of facilitating
51 appropriate animal disease control measures, if necessary, pursuant to
52 articles five and twenty-six of the agriculture and markets law. Any
53 person practicing as a veterinary technician in New York state pursuant
54 to this subdivision shall be subject to the personal and subject matter
55 jurisdiction and disciplinary and regulatory authority of the board of
56 regents as if he or she is a licensee and as if the exemption pursuant
S. 250--B 3
1 to this subdivision is a license. Such individual shall comply with
2 applicable provisions of the rules of the board of regents, and the
3 regulations of the commissioner, relating to professional misconduct,
4 disciplinary proceedings and penalties for professional misconduct.
5 5. A technician who is licensed in another state, and who is in good
6 standing in such state, providing veterinary technology services other-
7 wise permissible pursuant to this article during an emergency or natural
8 disaster within the scope and location of assigned veterinary technician
9 duties of the response efforts if: (a) an official declaration of the
10 disaster or emergency has been made by the governor or the delegated
11 state official; and (b) an official invitation has been extended to the
12 technician for a specified time by the authority that has jurisdiction
13 for coordinating the animal/agricultural issues in the state during
14 emergencies either within or outside the emergency management assistance
15 compact (EMAC). Any person practicing as a veterinary technician in New
16 York state pursuant to this subdivision shall be subject to the personal
17 and subject matter jurisdiction and disciplinary and regulatory authori-
18 ty of the board of regents as if he or she is a licensee and as if the
19 exemption pursuant to this subdivision is a license. Such individual
20 shall comply with applicable provisions of the rules of the board of
21 regents, and the regulations of the commissioner, relating to profes-
22 sional misconduct, disciplinary proceedings and penalties for profes-
23 sional misconduct.
24 § 4. This act shall take effect immediately.
