Assembly Bill A11684

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11684

                          I N  A S S E M B L Y

                             August 4, 2010
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Zebrowski)
  -- read once and referred to the Committee on Agriculture

AN ACT to  amend  the  agriculture  and  markets  law,  in  relation  to
  restricting  the  performance of surgical devocalization procedures on
  dogs and cats

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The agriculture and markets law is amended by adding a new
section 365-a to read as follows:
  S 365-A. DEVOCALIZATION OF ANIMALS. 1. NO  PERSON  SHALL  PERFORM  THE
SURGICAL  DEVOCALIZATION  OF  A DOG OR CAT EXCEPT IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION.
  2. A. SURGICAL DEVOCALIZATION OF A DOG OR CAT SHALL BE PERFORMED  ONLY
BY  A  PERSON  LICENSED  AS  A  VETERINARIAN  IN  THIS  STATE  UNDER THE
PROVISIONS OF ARTICLE ONE HUNDRED THIRTY-FIVE OF THE EDUCATION LAW.
  B. SURGICAL DEVOCALIZATION OF A DOG OR CAT MAY BE PERFORMED ONLY  WHEN
THE  PROCEDURE  IS  MEDICALLY  NECESSARY TO TREAT OR RELIEVE AN ILLNESS,
DISEASE OR INJURY OR CORRECT A CONGENITAL ABNORMALITY  SUFFERED  BY  THE
ANIMAL,  WHICH  ILLNESS,  DISEASE,  INJURY  OR CONGENITAL ABNORMALITY IS
CAUSING OR MAY CAUSE THE ANIMAL PHYSICAL PAIN OR HARM.
  3. A. ANY PERSON WHO PERFORMS A SURGICAL DEVOCALIZATION PROCEDURE ON A
DOG OR CAT SHALL PREPARE  A  RECORD  OF  THE  PROCEDURE  CONTAINING  THE
FOLLOWING INFORMATION:
  (1) THE NAME AND ADDRESS OF THE ANIMAL'S OWNER;
  (2)  THE  NAME AND ADDRESS OF THE PERSON FROM WHOM PAYMENT IS RECEIVED
FOR THE PROCEDURE;
  (3) A DESCRIPTION OF THE ANIMAL, INCLUDING ITS NAME,  SPECIES,  BREED,
DATE OF BIRTH, SEX, COLOR, MARKINGS AND CURRENT WEIGHT;
  (4)  THE  LICENSE  NUMBER AND MUNICIPALITY THAT ISSUED THE LICENSE FOR
THE ANIMAL;
  (5) THE DATE AND TIME OF THE PROCEDURE;
  (6) THE REASON THE PROCEDURE WAS PERFORMED; AND
  (7) ANY DIAGNOSTIC OPINION, ANALYSIS OR TEST RESULTS  TO  SUPPORT  THE
DIAGNOSIS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD18022-01-0

A. 11684                            2

  B. PRIOR TO PERFORMING A SURGICAL DEVOCALIZATION PROCEDURE ON A DOG OR
CAT,  THE  PERSON  PERFORMING THE PROCEDURE SHALL FILE WITH THE CLERK OF
THE MUNICIPALITY IN WHICH THE SURGERY IS TO BE PERFORMED A COPY  OF  THE
RECORD  SPECIFIED  IN  PARAGRAPH  A OF THIS SUBDIVISION, TOGETHER WITH A
WRITTEN STATEMENT DECLARING THAT THE PROCEDURE IS MEDICALLY NECESSARY TO
PROTECT THE HEALTH OR WELLBEING OF THE DOG OR CAT.
  C.  THE  RECORD  REQUIRED  BY PARAGRAPH A OF THIS SUBDIVISION SHALL BE
RETAINED BY THE PERSON PERFORMING THE PROCEDURE FOR  A  PERIOD  OF  FOUR
YEARS  AFTER THE LAST CONTACT WITH THE ANIMAL ON WHICH THE PROCEDURE WAS
PERFORMED. ALL SUCH RECORDS SHALL BE SUBJECT TO AUDIT BY THE STATE BOARD
FOR VETERINARY MEDICINE.
  D. ANY PERSON WHO PERFORMS A DEVOCALIZATION PROCEDURE ON A DOG OR  CAT
SHALL  REPORT  THE  NUMBER OF ALL SUCH PROCEDURES TO THE STATE BOARD FOR
VETERINARY MEDICINE ANNUALLY ON OR BEFORE  MARCH  THIRTIETH.  THE  BOARD
SHALL  MAINTAIN  ALL  NOTICES  RECEIVED  UNDER THIS SUBDIVISION FOR FOUR
YEARS FROM THE DATE OF RECEIPT.
  E. ANY PERSON WHO PERFORMS A SURGICAL DEVOCALIZATION  PROCEDURE  ON  A
DOG  OR  CAT  SHALL  PREPARE AND PROVIDE TO THE ANIMAL'S OWNER A WRITTEN
NOTICE THAT SUCH PROCEDURE HAS BEEN CONDUCTED ON THE ANIMAL  IN  ACCORD-
ANCE  WITH THE PROVISIONS OF THIS SECTION AND CONTAINING THE INFORMATION
SPECIFIED IN SUBPARAGRAPHS ONE, THREE, FIVE AND SIX OF  PARAGRAPH  A  OF
THIS SUBDIVISION.
  4.  NO COMMERCIAL ESTABLISHMENT, PET SHOP, FIRM, CORPORATION OR PERSON
SHALL SELL A DOG OR CAT THAT HAS BEEN SURGICALLY DEVOCALIZED,  UNLESS  A
COPY OF THE WRITTEN NOTICE DESCRIBED IN PARAGRAPH E OF SUBDIVISION THREE
OF  THIS  SECTION  IS  PROVIDED  TO ANY PROSPECTIVE PURCHASER BEFORE THE
PURCHASER ENTERS INTO AN AGREEMENT TO PURCHASE SAID ANIMAL. IN  ADDITION
TO  THE  PENALTIES  SET FORTH IN THIS SECTION, A FAILURE TO PROVIDE SUCH
NOTICE SHALL RENDER ANY PURCHASE AGREEMENT VOID AND A VIOLATION OF  THIS
PARAGRAPH SHALL CONSTITUTE AN UNFAIR OR DECEPTIVE ACT OR PRACTICE IN THE
CONDUCT OF A TRADE OR COMMERCE UNDER SECTION THREE HUNDRED FORTY-NINE OF
THE GENERAL BUSINESS LAW.
  5.  AS  USED IN THIS SECTION, "DEVOCALIZATION" MEANS A SURGICAL PROCE-
DURE ON THE LARYNX  OR  VOCAL  CORDS  OF  AN  ANIMAL  WHICH  CAUSES  THE
REDUCTION  OR  ELIMINATION  OF  VOCAL SOUNDS PRODUCED BY THAT ANIMAL AND
INCLUDES PROCEDURES COMMONLY REFERRED TO AS DEBARKING OR SILENCING.
  6. A. ANY PERSON WHO PERFORMS, OR CAUSES TO BE PERFORMED, THE SURGICAL
DEVOCALIZATION OF A DOG OR CAT IN VIOLATION OF THE  PROVISIONS  OF  THIS
SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR PUNISHABLE BY IMPRISON-
MENT  FOR  A  PERIOD  OF  NOT  MORE THAN ONE YEAR OR BY A FINE OF NOT TO
EXCEED FIVE THOUSAND DOLLARS OR BY BOTH SUCH FINE AND IMPRISONMENT.
  B. IN ADDITION TO THE PENALTIES  DESCRIBED  IN  PARAGRAPH  A  OF  THIS
SUBDIVISION,  THE COURT MAY ORDER ANY PERSON WHO VIOLATES THE PROVISIONS
OF THIS SECTION TO SUCCESSFULLY COMPLETE A COURSE OF  INSTRUCTION  RELA-
TIVE  TO  THE  HUMANE  TREATMENT  OF ANIMALS OR BE BARRED FROM OWNING OR
KEEPING A DOG OR CAT OR SHARING A RESIDENCE WITH  ANOTHER  WHO  OWNS  OR
KEEPS A DOG OR CAT FOR A PERIOD OF TIME AS DETERMINED BY SAID COURT. THE
COURT  MAY FURTHER ORDER ANY PERSON WHO VIOLATES THIS SECTION TO SURREN-
DER THE ANIMAL ON WHICH THE PROCEDURE WAS  PERFORMED,  AS  WELL  AS  ANY
OTHER ANIMALS OWNED OR CONTROLLED BY SUCH PERSON.
  C.  ANY  VETERINARIAN WHO PERFORMS A SURGICAL DEVOCALIZATION PROCEDURE
IN VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT  TO  THE
REVOCATION OR SUSPENSION OF HIS OR HER LICENSE.
  S  2. The commissioner of agriculture and markets and the commissioner
of education are authorized and directed to promulgate and implement all
rules, regulations and standards they  respectively  deem  necessary  to

A. 11684                            3

enforce  the  provisions  of this act on or before the effective date of
this act.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.