S T A T E O F N E W Y O R K
________________________________________________________________________
7203
2009-2010 Regular Sessions
I N A S S E M B L Y
March 26, 2009
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Introduced by M. of A. ABBATE -- Multi-Sponsored by -- M. of A. KOON,
SALADINO, TOWNSEND -- read once and referred to the Committee on High-
er Education
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:
Section 1. The education law is amended by adding a new section 6704-a
to read as follows:
S 6704-A. MANDATORY CONTINUING EDUCATION FOR VETERINARIANS. 1. (A)
EACH VETERINARIAN, LICENSED PURSUANT TO THIS ARTICLE, REQUIRED TO REGIS-
TER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THIS STATE SHALL
COMPLY WITH THE PROVISIONS OF THE MANDATORY CONTINUING EDUCATION
REQUIREMENTS, EXCEPT AS SET FORTH IN PARAGRAPHS (B) AND (C) OF THIS
SUBDIVISION. VETERINARIANS WHO DO NOT SATISFY THE MANDATORY CONTINUING
EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH
REQUIREMENTS AND HAVE BEEN ISSUED A REGISTRATION OR CONDITIONAL REGIS-
TRATION CERTIFICATE.
(B) VETERINARIANS SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCA-
TION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY
ARE FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS SECTION,
ADJUSTMENTS TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE
GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH, CERTIFIED BY A PHYSI-
CIAN, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED
STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY
PREVENT COMPLIANCE. VETERINARIANS ENGAGED ON A FULL-TIME BASIS IN THE
TEACHING OF VETERINARY MEDICINE AT A VETERINARY EDUCATION PROGRAM REGIS-
TERED BY THE DEPARTMENT OR ACCREDITED OR APPROVED BY AN ACCEPTABLE
ACCREDITING ORGANIZATION SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS
SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00347-01-9
A. 7203 2
(C) A LICENSED VETERINARIAN NOT ENGAGED IN PUBLIC PRACTICE AS AN INDI-
VIDUAL PRACTITIONER, A PARTNER OF A PARTNERSHIP, A SHAREHOLDER OF A
PROFESSIONAL SERVICE CORPORATION, MEMBER OF A LIMITED LIABILITY COMPANY,
MEMBER OF A LIMITED LIABILITY PARTNERSHIP OR AN EMPLOYEE OF SUCH PRAC-
TICE UNITS, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION
REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PUBLIC PRACTICE OF VETERI-
NARY MEDICINE DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE
DEPARTMENT PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDA-
TORY CONTINUING EDUCATION REQUIREMENTS AS SHALL BE PRESCRIBED BY REGU-
LATION OF THE COMMISSIONER.
2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION SHALL COMPLETE A MINIMUM OF FORTY-FIVE HOURS OF ACCEPTABLE
FORMAL CONTINUING EDUCATION, A MAXIMUM OF TWENTY-TWO AND ONE-HALF HOURS
OF WHICH MAY BE SELF-INSTRUCTIONAL COURSEWORK AS APPROVED BY THE DEPART-
MENT. ANY VETERINARIAN WHOSE FIRST REGISTRATION DATE FOLLOWING THE
EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH
EFFECTIVE DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND TEN, SHALL
COMPLETE CONTINUING EDUCATION HOURS ON A PRORATED BASIS AT THE RATE OF
ONE AND ONE-QUARTER HOURS PER MONTH FOR THE PERIOD BEGINNING JANUARY
FIRST, TWO THOUSAND TEN UP TO THE FIRST REGISTRATION DATE THEREAFTER. A
LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION
REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL
REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED IN SUBDIVISION THREE OF
THIS SECTION. THE INDIVIDUAL LICENSEE SHALL DETERMINE THE SELECTION OF
COURSES OR PROGRAMS OF STUDY PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION.
3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO A LICENSEE WHO FAILS TO MEET THE CONTINUING EDUCATION
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND TAKE ANY ADDITIONAL EDUCATION
WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
BE DETERMINED BY THE DEPARTMENT. ANY LICENSEE WHO IS NOTIFIED OF THE
DENIAL OF REGISTRATION FOR FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO
THE DEPARTMENT, OF COMPLETION OF REQUIRED CONTINUING EDUCATION AND WHO
PRACTICES VETERINARY MEDICINE WITHOUT SUCH REGISTRATION, MAY BE SUBJECT
TO DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN
OF THIS TITLE.
4. AS USED IN THIS SECTION, "ACCEPTABLE FORMAL CONTINUING EDUCATION"
SHALL MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL
PRACTICE OF VETERINARY MEDICINE WHICH ARE SPONSORED OR PRESENTED BY A
VETERINARY MEDICAL PROGRAM REGISTERED BY THE DEPARTMENT OR ACCREDITED OR
APPROVED BY AN ACCEPTABLE ACCREDITING ORGANIZATION, ANY NEW YORK STATE
VETERINARY MEDICAL SOCIETY, REGIONAL VETERINARY MEDICAL SOCIETIES OR
THEIR AFFILIATES, NATIONAL VETERINARY MEDICAL ASSOCIATION OR THEIR
AFFILIATES, TEACHING HOSPITALS, RESEARCH AND/OR CLINICAL EXPERIENCES AND
WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMISSIONER,
AS APPROVED BY THE BOARD FOR VETERINARY MEDICINE TO FULFILL THE MANDATO-
RY CONTINUING EDUCATION REQUIREMENT. SUCH LEARNING ACTIVITIES SHALL
INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT
COURSES, SELF-STUDY ACTIVITIES, INDEPENDENT STUDY, FORMAL MENTORING
ACTIVITIES, PUBLICATIONS IN PROFESSIONAL JOURNALS, PROFESSIONAL DEVELOP-
MENT PROGRAMS AND TECHNICAL SESSIONS, THE PREPARATION AND DELIVERY OF
A. 7203 3
CONTINUING EDUCATION COURSES AND COURSES IN A VETERINARY MEDICAL PROGRAM
REGISTERED BY THE DEPARTMENT OR ACCREDITED OR APPROVED BY AN ACCEPTABLE
ACCREDITING ORGANIZATION AND ANY OTHER ORGANIZED EDUCATIONAL AND TECHNI-
CAL LEARNING ACTIVITIES ACCEPTABLE TO THE DEPARTMENT. SUCH PROGRAMS MAY
BE OFFERED AND SPONSORED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSO-
CIATIONS AND OTHER ORGANIZATIONS OR PARTIES ACCEPTABLE TO THE DEPART-
MENT. THE DEPARTMENT SHALL NOT, BY REGULATION OR OTHERWISE, IMPOSE ANY
REQUIREMENTS ON SUCH SPONSORING ORGANIZATIONS, INCLUDING STAFFING
REQUIREMENTS, OTHER THAN MAKING DETERMINATIONS REGARDING THE ACCEPTABIL-
ITY OF SUCH PROGRAMS FOR FULFILLMENT OF THE CONTINUING EDUCATION
REQUIREMENTS. NOTWITHSTANDING ANY PROVISION OF ANY LAW TO THE CONTRARY,
ANY ORGANIZATION OR SUBSIDIARY OF ANY SUCH ORGANIZATION, INCLUDING, BUT
NOT LIMITED TO AN ACCREDITED COLLEGE OF VETERINARY MEDICINE, A STATE OR
NATIONAL VETERINARY MEDICAL SOCIETY OR THE AMERICAN VETERINARY MEDICAL
ASSOCIATION OR BOARD SPECIALTY THEREOF, IF TAKEN BY A MEMBER OF SUCH
SPECIALTY BOARD, THAT SHALL HAVE PROVIDED CONTINUING EDUCATION SERVICES
TO VETERINARIANS ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION, SHALL
BE DEEMED TO MEET THE STANDARDS ESTABLISHED BY THE COMMISSIONER PURSUANT
TO THIS SUBDIVISION.
5. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY SECTION SIXTY-SEVEN HUNDRED FOUR OF THIS ARTICLE.
S 2. The education law is amended by adding a new section 6711-b to
read as follows:
S 6711-B. MANDATORY CONTINUING EDUCATION FOR VETERINARY TECHNICIANS.
1. (A) EACH VETERINARY TECHNICIAN, LICENSED PURSUANT TO THIS ARTICLE AND
REQUIRED TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THIS
STATE SHALL COMPLY WITH THE PROVISIONS OF THE MANDATORY CONTINUING
EDUCATION REQUIREMENTS, EXCEPT AS SET FORTH IN PARAGRAPHS (B) AND (C) OF
THIS SUBDIVISION. VETERINARY TECHNICIANS WHO DO NOT SATISFY THE MANDATO-
RY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY HAVE
MET SUCH REQUIREMENT AND HAVE BEEN ISSUED A REGISTRATION OR CONDITIONAL
REGISTRATION CERTIFICATE.
(B) VETERINARY TECHNICIANS SHALL BE EXEMPT FROM THE MANDATORY CONTINU-
ING EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING
WHICH THEY ARE FIRST LICENSED. IN ACCORDANCE WITH THE INTENT OF THIS
SECTION, ADJUSTMENTS TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT
MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH, CERTIFIED BY A
PHYSICIAN, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED
STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY
PREVENT COMPLIANCE.
(C) A LICENSED VETERINARY TECHNICIAN, NOT ENGAGED IN THE PRACTICE OF
VETERINARY TECHNOLOGY SHALL BE EXEMPT FROM THE MANDATORY CONTINUING
EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT
DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE OF
VETERINARY TECHNOLOGY DURING THE TRIENNIAL REGISTRATION PERIOD SHALL
NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION AND SHALL MEET
SUCH MANDATORY CONTINUING EDUCATION REQUIREMENTS AS SHALL BE PRESCRIBED
BY REGULATION OF THE COMMISSIONER.
2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION SHALL COMPLETE A MINIMUM OF TWENTY-FOUR HOURS OF ACCEPTABLE
FORMAL CONTINUING EDUCATION AS APPROVED BY THE DEPARTMENT. OF THESE
TWENTY-FOUR HOURS A MAXIMUM OF TEN HOURS MAY BE SELF-INSTRUCTIONAL
COURSEWORK AS APPROVED BY THE DEPARTMENT. ANY VETERINARY TECHNICIAN
WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF THIS
A. 7203 4
SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
AFTER JANUARY FIRST, TWO THOUSAND TEN, SHALL COMPLETE CONTINUING EDUCA-
TION HOURS ON A PRORATED BASIS AT THE RATE OF TWO-THIRDS OF ONE HOUR PER
MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND TEN UP TO THE
FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED THE
MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A TRIEN-
NIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE
UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS
PROVIDED IN SUBDIVISION THREE OF THIS SECTION. THE INDIVIDUAL LICENSEE
SHALL DETERMINE THE SELECTION OF COURSES OR PROGRAMS OF STUDY PURSUANT
TO SUBDIVISION FOUR OF THIS SECTION.
3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO A LICENSEE WHO FAILS TO MEET THE CONTINUING EDUCATION
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND TAKE ANY ADDITIONAL EDUCATION
WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
BE DETERMINED BY THE DEPARTMENT. ANY LICENSEE WHO IS NOTIFIED OF THE
DENIAL OF REGISTRATION FOR FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO
THE DEPARTMENT, OF COMPLETION OF REQUIRED CONTINUING EDUCATION AND WHO
PRACTICES VETERINARY TECHNOLOGY WITHOUT SUCH REGISTRATION, MAY BE
SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE
HUNDRED TEN OF THIS TITLE.
4. AS USED IN THIS SECTION, "ACCEPTABLE FORMAL CONTINUING EDUCATION"
SHALL MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL
PRACTICE OF VETERINARY MEDICINE WHICH ARE SPONSORED OR PRESENTED BY A
VETERINARY MEDICAL PROGRAM REGISTERED BY THE DEPARTMENT OR ACCREDITED OR
APPROVED BY AN ACCEPTABLE ACCREDITING ORGANIZATION, ANY NEW YORK STATE
VETERINARY MEDICAL SOCIETY, THE NEW YORK STATE ASSOCIATION OF VETERINARY
TECHNICIANS, ITS AFFILIATES OR EQUIVALENTS, THE NATIONAL VETERINARY
TECHNICIAN'S ASSOCIATION AND AMERICAN VETERINARY MEDICAL ASSOCIATION
APPROVED VETERINARY TECHNOLOGY COLLEGES, REGIONAL VETERINARY MEDICAL
SOCIETIES OR THEIR AFFILIATES, NATIONAL VETERINARY MEDICAL ASSOCIATIONS
OR THEIR AFFILIATES, TEACHING HOSPITALS, RESEARCH AND/OR CLINICAL EXPE-
RIENCES AND WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE
COMMISSIONER, AS APPROVED BY THE BOARD FOR VETERINARY MEDICINE TO
FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT. SUCH LEARNING
ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT
AND NON-CREDIT COURSES, SELF-STUDY ACTIVITIES, INDEPENDENT STUDY, FORMAL
MENTORING ACTIVITIES, PUBLICATIONS IN PROFESSIONAL JOURNALS, PROFES-
SIONAL DEVELOPMENT PROGRAMS AND TECHNICAL SESSIONS, THE PREPARATION AND
DELIVERY OF CONTINUING EDUCATION COURSES AND COURSES IN A VETERINARY
MEDICAL PROGRAM REGISTERED BY THE DEPARTMENT OR ACCREDITED OR APPROVED
BY AN ACCEPTABLE ACCREDITING ORGANIZATION AND ANY OTHER ORGANIZED EDUCA-
TIONAL AND TECHNICAL LEARNING ACTIVITIES ACCEPTABLE TO THE DEPARTMENT.
SUCH PROGRAMS MAY BE OFFERED AND SPONSORED BY NATIONAL, STATE AND LOCAL
PROFESSIONAL ASSOCIATIONS AND OTHER ORGANIZATIONS OR PARTIES ACCEPTABLE
TO THE DEPARTMENT. THE DEPARTMENT SHALL NOT, BY REGULATION OR OTHERWISE,
IMPOSE ANY REQUIREMENTS ON SUCH SPONSORING ORGANIZATIONS, INCLUDING
STAFFING REQUIREMENTS, OTHER THAN MAKING DETERMINATIONS REGARDING THE
ACCEPTABILITY OF SUCH PROGRAMS FOR FULFILLMENT OF THE CONTINUING EDUCA-
TION REQUIREMENTS. NOTWITHSTANDING ANY PROVISION OF ANY LAW TO THE
CONTRARY, ANY ORGANIZATION OR SUBSIDIARY OF ANY SUCH ORGANIZATION,
INCLUDING, BUT NOT LIMITED TO AN ACCREDITED COLLEGE OF VETERINARY MEDI-
CINE, A STATE OR NATIONAL VETERINARY MEDICAL SOCIETY OR THE AMERICAN
A. 7203 5
VETERINARY MEDICAL ASSOCIATION OR BOARD SPECIALTY THEREOF, IF TAKEN BY A
MEMBER OF SUCH SPECIALTY BOARD, THAT SHALL HAVE PROVIDED CONTINUING
EDUCATION SERVICES TO VETERINARIANS ON OR BEFORE THE EFFECTIVE DATE OF
THIS SECTION, SHALL BE DEEMED TO MEET THE STANDARDS ESTABLISHED BY THE
COMMISSIONER PURSUANT TO THIS SUBDIVISION.
5. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE THIRTY DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY SECTION SIXTY-SEVEN HUNDRED ELEVEN OF THIS ARTICLE.
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.