S T A T E O F N E W Y O R K
________________________________________________________________________
250--B
Cal. No. 410
2015-2016 Regular Sessions
I N S E N A T E
(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:
Section 1. This act shall be known and may be cited as the "veterinary
emergency response and mobility act of 2015".
S 2. Section 6705 of the education law is amended by adding two new
subdivisions 14 and 15 to read as follows:
14. A VETERINARIAN WHO IS LICENSED IN ANOTHER STATE, AND WHO IS IN
GOOD STANDING IN SUCH STATE, PROVIDING SERVICES DIRECTLY IN CONNECTION
WITH AN INVESTIGATION BY LAW ENFORCEMENT OF AN ALLEGED VIOLATION OF
FEDERAL OR STATE ANIMAL FIGHTING OR ANIMAL CRUELTY LAWS, WITHIN THE
SCOPE OF THE INVESTIGATION AND/OR ANY RELATED JUDICIAL PROCEEDINGS,
SUBJECT TO THE FOLLOWING REQUIREMENTS: (A) AN OFFICIAL INVITATION HAS
BEEN EXTENDED TO THE VETERINARIAN FOR A SPECIFIED PERIOD OF TIME BY THE
LAW ENFORCEMENT AUTHORITY WITH JURISDICTION OVER THE INVESTIGATION; AND
(B) SUCH LAW ENFORCEMENT AUTHORITY DETERMINES THAT THE VETERINARIAN
POSSESSES SKILLS, TRAINING, OR EXPERIENCE NECESSARY AND RELEVANT TO SUCH
INVESTIGATION OF ALLEGED INCIDENTS OF ANIMAL FIGHTING OR ANIMAL CRUELTY.
SUCH EXEMPTION SHALL NOT EXTEND BEYOND THE TIME PERIOD SPECIFIED BY THE
LAW ENFORCEMENT AUTHORITY WITH JURISDICTION OVER SUCH INVESTIGATION. THE
LAW ENFORCEMENT AUTHORITY SHALL NOTIFY THE STATE VETERINARIAN OF ANY
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
FACILITATING APPROPRIATE ANIMAL DISEASE CONTROL MEASURES, IF NECESSARY,
PURSUANT TO ARTICLES FIVE AND TWENTY-SIX OF THE AGRICULTURE AND MARKETS
LAW. ANY PERSON PRACTICING AS A VETERINARIAN IN NEW YORK STATE PURSUANT
TO THIS SUBDIVISION SHALL BE SUBJECT TO THE PERSONAL AND SUBJECT MATTER
JURISDICTION AND DISCIPLINARY AND REGULATORY AUTHORITY OF THE BOARD OF
REGENTS AS IF HE OR SHE IS A LICENSEE AND AS IF THE EXEMPTION PURSUANT
TO THIS SUBDIVISION IS A LICENSE. SUCH INDIVIDUAL SHALL COMPLY WITH
APPLICABLE PROVISIONS OF THE RULES OF THE BOARD OF REGENTS, AND THE
REGULATIONS OF THE COMMISSIONER, RELATING TO PROFESSIONAL MISCONDUCT,
DISCIPLINARY PROCEEDINGS AND PENALTIES FOR PROFESSIONAL MISCONDUCT.
15. A VETERINARIAN WHO IS LICENSED IN ANOTHER STATE, AND WHO IS IN
GOOD STANDING IN SUCH STATE, PROVIDING SERVICES DURING AN EMERGENCY OR
NATURAL DISASTER WITHIN THE SCOPE AND LOCATION OF ASSIGNED VETERINARY
MEDICAL DUTIES OF THE RESPONSE EFFORTS IF: (A) AN OFFICIAL DECLARATION
OF THE DISASTER OR EMERGENCY HAS BEEN MADE BY THE GOVERNOR OR THE DELEG-
ATED STATE OFFICIAL; AND (B) AN OFFICIAL INVITATION HAS BEEN EXTENDED TO
THE VETERINARIAN FOR A SPECIFIED TIME BY THE AUTHORITY THAT HAS JURIS-
DICTION FOR COORDINATING THE ANIMAL/AGRICULTURAL ISSUES IN THE STATE
DURING EMERGENCIES EITHER WITHIN OR OUTSIDE THE EMERGENCY MANAGEMENT
ASSISTANCE COMPACT (EMAC). ANY PERSON PRACTICING AS A VETERINARIAN IN
NEW YORK STATE PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO THE
PERSONAL AND SUBJECT MATTER JURISDICTION AND DISCIPLINARY AND REGULATORY
AUTHORITY OF THE BOARD OF REGENTS AS IF HE OR SHE IS A LICENSEE AND AS
IF THE EXEMPTION PURSUANT TO THIS SUBDIVISION IS A LICENSE. SUCH INDI-
VIDUAL SHALL COMPLY WITH APPLICABLE PROVISIONS OF THE RULES OF THE BOARD
OF REGENTS, AND THE REGULATIONS OF THE COMMISSIONER, RELATING TO PROFES-
SIONAL MISCONDUCT, DISCIPLINARY PROCEEDINGS AND PENALTIES FOR PROFES-
SIONAL MISCONDUCT.
S 3. Subdivision 3 of section 6712 of the education law, as amended by
chapter 333 of the laws of 1990, is amended and two new subdivisions 4
and 5 are added to read as follows:
3. Any student engaging in clinical practice under the supervision of
a licensed veterinarian in pursuance of an approved program for the
training of veterinary technology[.];
4. A TECHNICIAN WHO IS LICENSED IN ANOTHER STATE, AND WHO IS IN GOOD
STANDING IN SUCH STATE, PROVIDING VETERINARY TECHNOLOGY SERVICES OTHER-
WISE PERMISSIBLE PURSUANT TO THIS ARTICLE DIRECTLY IN CONNECTION WITH AN
INVESTIGATION BY LAW ENFORCEMENT OF AN ALLEGED VIOLATION OF FEDERAL OR
STATE ANIMAL FIGHTING OR ANIMAL CRUELTY LAWS, WITHIN THE SCOPE OF THE
INVESTIGATION AND/OR ANY RELATED JUDICIAL PROCEEDINGS, SUBJECT TO THE
FOLLOWING REQUIREMENTS: (A) AN OFFICIAL INVITATION HAS BEEN EXTENDED TO
THE TECHNICIAN FOR A SPECIFIED PERIOD OF TIME BY THE LAW ENFORCEMENT
AUTHORITY WITH JURISDICTION OVER THE INVESTIGATION; AND (B) SUCH LAW
ENFORCEMENT AUTHORITY DETERMINES THAT THE TECHNICIAN POSSESSES SKILLS,
TRAINING, OR EXPERIENCE NECESSARY AND RELEVANT TO SUCH INVESTIGATION OF
ALLEGED INCIDENTS OF ANIMAL FIGHTING OR ANIMAL CRUELTY. SUCH EXEMPTION
SHALL NOT EXTEND BEYOND THE TIME PERIOD SPECIFIED BY THE LAW ENFORCEMENT
AUTHORITY WITH JURISDICTION OVER SUCH INVESTIGATION. THE LAW ENFORCEMENT
AUTHORITY SHALL NOTIFY THE STATE VETERINARIAN OF ANY INVESTIGATION
CONDUCTED PURSUANT TO THIS SECTION FOR THE PURPOSES OF FACILITATING
APPROPRIATE ANIMAL DISEASE CONTROL MEASURES, IF NECESSARY, PURSUANT TO
ARTICLES FIVE AND TWENTY-SIX OF THE AGRICULTURE AND MARKETS LAW. ANY
PERSON PRACTICING AS A VETERINARY TECHNICIAN IN NEW YORK STATE PURSUANT
TO THIS SUBDIVISION SHALL BE SUBJECT TO THE PERSONAL AND SUBJECT MATTER
JURISDICTION AND DISCIPLINARY AND REGULATORY AUTHORITY OF THE BOARD OF
REGENTS AS IF HE OR SHE IS A LICENSEE AND AS IF THE EXEMPTION PURSUANT
S. 250--B 3
TO THIS SUBDIVISION IS A LICENSE. SUCH INDIVIDUAL SHALL COMPLY WITH
APPLICABLE PROVISIONS OF THE RULES OF THE BOARD OF REGENTS, AND THE
REGULATIONS OF THE COMMISSIONER, RELATING TO PROFESSIONAL MISCONDUCT,
DISCIPLINARY PROCEEDINGS AND PENALTIES FOR PROFESSIONAL MISCONDUCT.
5. A TECHNICIAN WHO IS LICENSED IN ANOTHER STATE, AND WHO IS IN GOOD
STANDING IN SUCH STATE, PROVIDING VETERINARY TECHNOLOGY SERVICES OTHER-
WISE PERMISSIBLE PURSUANT TO THIS ARTICLE DURING AN EMERGENCY OR NATURAL
DISASTER WITHIN THE SCOPE AND LOCATION OF ASSIGNED VETERINARY TECHNICIAN
DUTIES OF THE RESPONSE EFFORTS IF: (A) AN OFFICIAL DECLARATION OF THE
DISASTER OR EMERGENCY HAS BEEN MADE BY THE GOVERNOR OR THE DELEGATED
STATE OFFICIAL; AND (B) AN OFFICIAL INVITATION HAS BEEN EXTENDED TO THE
TECHNICIAN FOR A SPECIFIED TIME BY THE AUTHORITY THAT HAS JURISDICTION
FOR COORDINATING THE ANIMAL/AGRICULTURAL ISSUES IN THE STATE DURING
EMERGENCIES EITHER WITHIN OR OUTSIDE THE EMERGENCY MANAGEMENT ASSISTANCE
COMPACT (EMAC). ANY PERSON PRACTICING AS A VETERINARY TECHNICIAN IN NEW
YORK STATE PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO THE PERSONAL
AND SUBJECT MATTER JURISDICTION AND DISCIPLINARY AND REGULATORY AUTHORI-
TY OF THE BOARD OF REGENTS AS IF HE OR SHE IS A LICENSEE AND AS IF THE
EXEMPTION PURSUANT TO THIS SUBDIVISION IS A LICENSE. SUCH INDIVIDUAL
SHALL COMPLY WITH APPLICABLE PROVISIONS OF THE RULES OF THE BOARD OF
REGENTS, AND THE REGULATIONS OF THE COMMISSIONER, RELATING TO PROFES-
SIONAL MISCONDUCT, DISCIPLINARY PROCEEDINGS AND PENALTIES FOR PROFES-
SIONAL MISCONDUCT.
S 4. This act shall take effect immediately.