NY State Senate Bill 2009-S285

Senate Bill S285

Signed By Governor

2009-2010 Legislative Session

Requires veterinarians and veterinary technicians to complete continuing education

download bill text pdf

Archive: Last Bill Status Via A7203 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 13, 2010	signed chap.328
Aug 03, 2010	delivered to governor
Jun 03, 2010	returned to assembly passed senate
Apr 20, 2010	3rd reading cal.373 substituted for s285c
Apr 20, 2010	substituted by a7203c
Apr 19, 2010	advanced to third reading
Apr 14, 2010	2nd report cal.
Apr 13, 2010	1st report cal.373
Feb 02, 2010	reported and committed to codes
Jan 14, 2010	print number 285c
Jan 14, 2010	amend and recommit to higher education
Jan 06, 2010	referred to higher education
Jul 16, 2009	committed to rules
May 27, 2009	advanced to third reading
May 26, 2009	2nd report cal.
May 20, 2009	1st report cal.424
May 11, 2009	print number 285b
May 11, 2009	amend and recommit to higher education
Mar 27, 2009	print number 285a
Mar 27, 2009	amend and recommit to higher education
Jan 07, 2009	referred to higher education

Votes

- Jun 3, 2010 - Floor Vote
  A7203
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 3, 2010
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (3)
      
      Leibell
      
      Morahan
      
      Skelos
  Feb 2, 2010 - Higher Education Committee Vote
  S285
  
  18
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: Feb 2, 2010
      
      aye (18)
      
      Alesi
      
      Aubertine
      
      Flanagan
      
      Foley
      
      Griffo
      
      Hannon
      
      Huntley
      
      Krueger
      
      LaValle
      
      Maziarz
      
      Onorato
      
      Oppenheimer
      
      Parker
      
      Robach
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Stavisky
  Apr 13, 2010 - Codes Committee Vote
  S285
  
  14
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Apr 13, 2010
      
      aye (14)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Golden
      
      Huntley
      
      Klein
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      Volker
      
      nay (2)
      
      Flanagan
      
      Lanza

Bill Amendments

Original

C (Active)

2009-S285 - Details

Laws Affected:: Add §§6704-a & 6711-b, Ed L

2009-S285 - Summary

Requires veterinarians and veterinary technicians to complete continuing education during each triennial registration period; provides various exemptions from such requirement.

2009-S285 - Sponsor Memo

                                 BILL NUMBER:  S285

 TITLE OF BILL :
An act to amend the education law, in relation to continuing education
for veterinarians and veterinary technicians


 PURPOSE OR GENERAL IDEA OF BILL :
This bill will impose certain mandatory continuing education
requirements on licensed veterinarians and veterinary technicians in
the State of New York.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill would add a Section 6704-a to the Education Law to impose
continuing education requirements on veterinarians and a Section 6711
to impose similar requirements on veterinary technicians.

 JUSTIFICATION :
In recent years, a number of licensed professions have addressed the
issue of mandatory continuing education. Licensed veterinary medicine
is extremely proud of its long history of broad based continuing
education programs that have long been a hallmark of the profession.
These programs, offered by the various state and local veterinary
medical societies and their affiliates, colleges of veterinary
medicine, national societies and recognized board specialties have
helped ensure that the state's veterinarians maintain the highest

possible levels of professional competence. This longstanding program
has proven effective over the many years that it has been in existence
with both the overwhelming majority of licensed practitioners availing
themselves of these opportunities and through the lack of complaints
against veterinarians based upon alleged deficiencies in professional
competence.

At the core of these professional development efforts has been local
veterinary organizations, particularly in the state's rural areas,
that have served to coordinate the provision of these continuing
education opportunities. These largely voluntary efforts should be
encouraged in any mandatory continuing education requirement. As a
result, this bill specifically recognizes their on-going role by
prohibiting the imposition on any requirement that these entities have
full-time employees and deems these longstanding providers of quality
educational programs as qualified to continue to offer these services.

The state's veterinarians and veterinary technicians are extremely
proud of their record of accomplishments in ensuring that they remain
up to date with respect to their professional competence. The
enactment of this bill will help ensure that the state works in
partnership with these professionals to ensure that this remains true
for the years to come. It also ensures that the model that has worked
for over a century will remain viable in the decades to come.

 LEGISLATIVE HISTORY :
2007/08:  S.2793-B Passed Senate, A.4975-B Higher Education

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2009-S285 - Bill Text download pdf

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

                                   285

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher 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

S. 285                              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

S. 285                              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

S. 285                              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

S. 285                              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.

2009-S285A - Details

Laws Affected:: Add §§6704-a & 6711-b, Ed L

2009-S285A - Summary

Requires veterinarians and veterinary technicians to complete continuing education during each triennial registration period; provides various exemptions from such requirement.

2009-S285A - Sponsor Memo

                                 BILL NUMBER:  S285A

 TITLE OF BILL :
An act to amend the education law, in relation to continuing education
for veterinarians and veterinary technicians


 PURPOSE :
This bill will impose certain mandatory continuing education
requirements on licensed veterinarians and veterinary technicians in
the State of New York.

 SUMMARY OF PROVISIONS :
This bill would add Section 6704-a to the Education Law to impose
continuing education requirements on veterinarians and Section 6711-b
of said law to impose similar requirements on veterinary technicians.

 JUSTIFICATION :
In recent years, a number of licensed professions have addressed the
issue of mandatory continuing education. Licensed veterinary medicine
is extremely proud of its long history of broad based continuing
education programs that have long been a hallmark of the profession.
These programs, offered by the various state and local veterinary
medical societies and their affiliates, colleges of veterinary
medicine, national societies and recognized board specialties have
helped ensure that the state's veterinarians maintain the highest

possible levels of professional competence. This longstanding program
has proven effective over the many years that it has been in existence
with both the overwhelming majority of licensed practitioners availing
themselves of these opportunities and through the lack of complaints
against veterinarians based upon alleged deficiencies in professional
competence.

At the core of these professional development efforts has been local
veterinary organizations, particularly in the state's rural areas that
have served to coordinate the provision of these continuing education
opportunities. These largely voluntary efforts should be encouraged in
any mandatory continuing education requirement. As a result, this bill
specifically recognizes their ongoing role by prohibiting the
imposition on any requirement that these entities have full-time
employees and deems these longstanding providers of quality
educational programs as qualified to continue to offer these services.

The state's veterinarians and veterinary technicians are extremely
proud of their record of accomplishments in ensuring that they remain
up-to-date with respect to their professional competence. The
enactment of this bill will help ensure that the state works in
partnership with these professionals to ensure that this remains true
for the years to come. It also ensures that the model that has worked
for over a century will remain viable in the decades to come.

 LEGISLATIVE HISTORY :
2007/08: S.2793-B Passed Senate; A.497S-B Higher Education

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2009-S285A - Bill Text download pdf

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

                                 285--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Higher  Education  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00347-02-9

S. 285--A                           2

ACCREDITING ORGANIZATION SHALL BE EXEMPT FROM THE REQUIREMENTS  OF  THIS
SECTION.
  (C) A LICENSED VETERINARIAN NOT ENGAGED IN PROFESSIONAL PRACTICE 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 MEDICINE 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  FORTY-FIVE  HOURS  OF  ACCEPTABLE
FORMAL  CONTINUING EDUCATION, A MAXIMUM OF TWENTY-TWO AND ONE-HALF HOURS
OF WHICH MAY BE SELF-INSTRUCTIONAL COURSEWORK ACCEPTABLE TO 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 ELEVEN,
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 ELEVEN 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  SUBDIVI-
SION  THREE  OF  THIS  SECTION, OR UNTIL HE OR SHE HAS OTHERWISE MET THE
REQUIREMENTS 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 OFFERED BY SPONSORS OF VETERI-
NARY  CONTINUING  EDUCATION  APPROVED BY THE DEPARTMENT, IN CONSULTATION
WITH THE STATE BOARD FOR VETERINARY MEDICINE, TO FULFILL  THE  MANDATORY
CONTINUING  EDUCATION  REQUIREMENT.  SPONSORS  OF  VETERINARY CONTINUING
EDUCATION SHALL INCLUDE  STATE  OR  NATIONAL  PROFESSIONAL  ASSOCIATIONS
ESTABLISHED TO FURTHER THE VETERINARY PROFESSIONS, AND SHALL INCLUDE ANY
AFFILIATES OF SUCH ASSOCIATIONS INCLUDING LOCAL VETERINARY MEDICAL SOCI-
ETIES AND GENERALLY RECOGNIZED STATE, NATIONAL AND INTERNATIONAL VETERI-
NARY  CONFERENCES  AT WHICH PROFESSIONAL CONTINUING EDUCATION IS A MAJOR
COMPONENT OF SUCH CONFERENCES, AS  WELL  AS  UNIVERSITIES  AND  COLLEGES
OFFERING  PROGRAMS  LEADING  TO  LICENSURE  IN  THE  VETERINARY  MEDICAL
PROFESSIONS. SPONSORS OF VETERINARY MEDICINE CONTINUING EDUCATION  SHALL
FILE  AN  APPLICATION  WITH THE DEPARTMENT AND PAY A FEE OF NINE HUNDRED
DOLLARS.

S. 285--A                           3

  5. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE ESTABLISHED BY  THE
DEPARTMENT,  AND  SHALL  BE  PAYABLE  ON OR BEFORE THE FIRST DAY OF EACH
TRIENNIAL REGISTRATION 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,
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.  VETERINARY TECHNICIANS ENGAGED ON A FULL-TIME BASIS
IN THE TEACHING OF VETERINARY MEDICINE AT A VETERINARY EDUCATION PROGRAM
REGISTERED  BY  THE DEPARTMENT OR AN ACCREDITING ORGANIZATION ACCEPTABLE
TO THE DEPARTMENT SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION.
  (C) A LICENSED VETERINARY  TECHNICIAN,  NOT  ENGAGED  IN  PROFESSIONAL
PRACTICE  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  SHALL  NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE PROFES-
SION 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  FORTY-FIVE  HOURS  OF  ACCEPTABLE
FORMAL  CONTINUING EDUCATION, A MAXIMUM OF TWENTY-TWO AND ONE-HALF HOURS
OF WHICH MAY BE SELF-INSTRUCTIONAL COURSEWORK ACCEPTABLE TO THE  DEPART-
MENT.  ANY VETERINARY TECHNICIAN 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 ELEVEN,
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  ELEVEN 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 SUBDIVI-
SION THREE OF THIS SECTION, OR UNTIL HE OR SHE  HAS  OTHERWISE  MET  THE
REQUIREMENTS  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

S. 285--A                           4

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 TECHNOLOGY  WHICH  ARE  OFFERED  BY  SPONSORS  OF
VETERINARY  TECHNICIAN  CONTINUING EDUCATION APPROVED BY THE DEPARTMENT,
IN CONSULTATION WITH THE STATE BOARD FOR VETERINARY MEDICINE, TO FULFILL
THE MANDATORY CONTINUING EDUCATION REQUIREMENT. SPONSORS  OF  VETERINARY
TECHNICIAN  CONTINUING EDUCATION SHALL INCLUDE STATE OR NATIONAL PROFES-
SIONAL ASSOCIATIONS ESTABLISHED TO FURTHER  THE  VETERINARY  PROFESSIONS
AND  SHALL  INCLUDE  ANY AFFILIATES OF SUCH ASSOCIATIONS INCLUDING LOCAL
VETERINARY MEDICAL SOCIETIES AND GENERALLY  RECOGNIZED  STATE,  NATIONAL
AND  INTERNATIONAL VETERINARY CONFERENCES AT WHICH PROFESSIONAL CONTINU-
ING EDUCATION IS A MAJOR COMPONENT  OF  SUCH  CONFERENCES,  AS  WELL  AS
UNIVERSITIES  AND COLLEGES OFFERING PROGRAMS LEADING TO LICENSURE IN THE
VETERINARY  MEDICAL  PROFESSIONS.  SPONSORS  OF  VETERINARY   TECHNICIAN
CONTINUING  EDUCATION  SHALL FILE AN APPLICATION WITH THE DEPARTMENT AND
PAY A FEE OF NINE HUNDRED DOLLARS.
  5. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE ESTABLISHED BY  THE
DEPARTMENT,  AND  SHALL  BE  PAYABLE  ON OR BEFORE THE FIRST DAY OF EACH
TRIENNIAL REGISTRATION PERIOD, AND SHALL BE  PAID  IN  ADDITION  TO  THE
TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION SIXTY-SEVEN HUNDRED ELEV-
EN 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.

2009-S285B - Details

Laws Affected:: Add §§6704-a & 6711-b, Ed L

2009-S285B - Summary

Requires veterinarians and veterinary technicians to complete continuing education during each triennial registration period; provides various exemptions from such requirement.

2009-S285B - Sponsor Memo

                                 BILL NUMBER:  S285B

 TITLE OF BILL :  An act to amend the education law, in relation to
continuing education for veterinarians and veterinary technicians

 PURPOSE : This bill will impose certain mandatory continuing
education requirements on licensed veterinarians and veterinary
technicians in the State of New York.

 SUMMARY OF PROVISIONS : This bill would add Section 6704-a to the
Education Law to impose continuing education requirements on
veterinarians and Section 6711-b of said law to impose similar
requirements on veterinary technicians.

 JUSTIFICATION : In recent years, a number of licensed professions
have addressed the issue of mandatory continuing education. Licensed
veterinary medicine is extremely proud of its long history of broad
based continuing education programs that have long been a hallmark of
the profession. These programs, offered by the various state and local
veterinary medical societies and their affiliates, colleges of
veterinary medicine, national societies and recognized board
specialties have helped ensure that the state's veterinarians maintain
the highest possible levels of professional competence. This
longstanding program has proven effective over the many years that it
has been in existence with both the overwhelming majority of licensed
practitioners availing themselves of these opportunities and through

the lack of complaints against veterinarians based upon alleged
deficiencies in professional competence.

At the core of these professional development efforts has been local
veterinary organizations, particularly in the state's rural areas that
have served to coordinate the provision of these continuing education
opportunities. These largely voluntary efforts should be encouraged in
any mandatory continuing education requirement. As a result, this bill
specifically recognizes their ongoing role by prohibiting the
imposition on any requirement that these entities have full-time
employees and deems these longstanding providers of quality
educational programs as qualified to continue to offer these services.

The state's veterinarians and veterinary technicians are extremely
proud of their record of accomplishments in ensuring that they remain
up to date with respect to their professional competence. The
enactment of this bill will help ensure that the state works in
partnership with these professionals to ensure that this remains true
for the years to come. It also ensures that the model that has worked
for over a century will remain viable in the decades to come.

 LEGISLATIVE HISTORY : 2007/08: S.2793-B Passed Senate; A.4975-B
Higher Education

 EFFECTIVE DATE : This act shall take effect on the first of January
next succeeding the date on which it shall have become a law

2009-S285B - Bill Text download pdf

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

                                 285--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Higher  Education  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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

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

                                                           LBD00347-05-9

S. 285--B                           2

ACCREDITING  ORGANIZATION  SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS
SECTION.
  (C) A LICENSED VETERINARIAN NOT ENGAGED IN PROFESSIONAL PRACTICE 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 MEDICINE 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  FORTY-FIVE  HOURS  OF  ACCEPTABLE
FORMAL  CONTINUING EDUCATION, A MAXIMUM OF TWENTY-TWO AND ONE-HALF HOURS
OF WHICH MAY BE SELF-INSTRUCTIONAL COURSEWORK ACCEPTABLE TO 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 ELEVEN,
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 ELEVEN 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  SUBDIVI-
SION  THREE  OF  THIS  SECTION, OR UNTIL HE OR SHE HAS OTHERWISE MET THE
REQUIREMENTS 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 OFFERED BY SPONSORS OF VETERI-
NARY  CONTINUING  EDUCATION  APPROVED BY THE DEPARTMENT, IN CONSULTATION
WITH THE STATE BOARD FOR VETERINARY MEDICINE, TO FULFILL  THE  MANDATORY
CONTINUING  EDUCATION  REQUIREMENT.  SPONSORS  OF  VETERINARY CONTINUING
EDUCATION SHALL INCLUDE  STATE  OR  NATIONAL  PROFESSIONAL  ASSOCIATIONS
ESTABLISHED TO FURTHER THE VETERINARY PROFESSIONS, AND SHALL INCLUDE ANY
AFFILIATES OF SUCH ASSOCIATIONS INCLUDING LOCAL VETERINARY MEDICAL SOCI-
ETIES AND GENERALLY RECOGNIZED STATE, NATIONAL AND INTERNATIONAL VETERI-
NARY  CONFERENCES  AT WHICH PROFESSIONAL CONTINUING EDUCATION IS A MAJOR
COMPONENT OF SUCH CONFERENCES, AS  WELL  AS  UNIVERSITIES  AND  COLLEGES
OFFERING  PROGRAMS  LEADING  TO  LICENSURE  IN  THE  VETERINARY  MEDICAL
PROFESSIONS. SPONSORS OF VETERINARY MEDICINE CONTINUING EDUCATION  SHALL
FILE  AN  APPLICATION  WITH THE DEPARTMENT AND PAY A FEE OF NINE HUNDRED
DOLLARS.

S. 285--B                           3

  5. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE ESTABLISHED BY  THE
DEPARTMENT,  AND  SHALL  BE  PAYABLE  ON OR BEFORE THE FIRST DAY OF EACH
TRIENNIAL REGISTRATION 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,
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.  VETERINARY TECHNICIANS ENGAGED ON A FULL-TIME BASIS
IN THE TEACHING OF VETERINARY MEDICINE AT A VETERINARY EDUCATION PROGRAM
REGISTERED  BY  THE DEPARTMENT OR AN ACCREDITING ORGANIZATION ACCEPTABLE
TO THE DEPARTMENT SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION.
  (C) A LICENSED VETERINARY  TECHNICIAN,  NOT  ENGAGED  IN  PROFESSIONAL
PRACTICE  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  SHALL  NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE PROFES-
SION 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, A MAXIMUM OF TWELVE HOURS OF WHICH MAY BE
SELF-INSTRUCTIONAL COURSEWORK ACCEPTABLE TO THE DEPARTMENT. ANY  VETERI-
NARY  TECHNICIAN  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 ELEVEN, 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 ELEVEN 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  DEPART-
MENT  AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION
CERTIFICATE IS ISSUED AS PROVIDED IN SUBDIVISION THREE OF THIS  SECTION,
OR  UNTIL  HE OR SHE HAS OTHERWISE MET THE REQUIREMENTS 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-

S. 285--B                           4

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  TECHNOLOGY  WHICH  ARE  OFFERED BY SPONSORS OF
VETERINARY TECHNICIAN CONTINUING EDUCATION APPROVED BY  THE  DEPARTMENT,
IN CONSULTATION WITH THE STATE BOARD FOR VETERINARY MEDICINE, TO FULFILL
THE  MANDATORY  CONTINUING EDUCATION REQUIREMENT. SPONSORS OF VETERINARY
TECHNICIAN CONTINUING EDUCATION SHALL INCLUDE STATE OR NATIONAL  PROFES-
SIONAL  ASSOCIATIONS  ESTABLISHED  TO FURTHER THE VETERINARY PROFESSIONS
AND SHALL INCLUDE ANY AFFILIATES OF SUCH  ASSOCIATIONS  INCLUDING  LOCAL
VETERINARY  MEDICAL  SOCIETIES AND LOCAL VETERINARY TECHNICIAN SOCIETIES
AND GENERALLY RECOGNIZED STATE, NATIONAL  AND  INTERNATIONAL  VETERINARY
AND  VETERINARY  TECHNICIAN CONFERENCES AT WHICH PROFESSIONAL CONTINUING
EDUCATION IS A MAJOR COMPONENT OF SUCH CONFERENCES, AS WELL AS UNIVERSI-
TIES AND COLLEGES OFFERING PROGRAMS LEADING TO LICENSURE IN THE  VETERI-
NARY  MEDICAL  PROFESSIONS. SPONSORS OF VETERINARY TECHNICIAN CONTINUING
EDUCATION SHALL FILE AN APPLICATION WITH THE DEPARTMENT AND PAY A FEE OF
NINE HUNDRED DOLLARS.
  5. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE ESTABLISHED BY  THE
DEPARTMENT,  AND  SHALL  BE  PAYABLE  ON OR BEFORE THE FIRST DAY OF EACH
TRIENNIAL REGISTRATION PERIOD, AND SHALL BE  PAID  IN  ADDITION  TO  THE
TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION SIXTY-SEVEN HUNDRED ELEV-
EN 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.

2009-S285C (ACTIVE) - Details

Laws Affected:: Add §§6704-a & 6711-b, Ed L

2009-S285C (ACTIVE) - Summary

Requires veterinarians and veterinary technicians to complete continuing education during each triennial registration period; provides various exemptions from such requirement.

2009-S285C (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S285C

 TITLE OF BILL :  An act to amend the education law, in relation to
continuing education for veterinarians and veterinary technicians

 PURPOSE : This bill will impose certain mandatory continuing
education requirements on licensed veterinarians and veterinary
technicians in the State of New York.

 SUMMARY OF PROVISIONS : This bill would add Section 6704-a to the
Education Law to impose continuing education requirements on
veterinarians and Section 6711-b of said law to impose similar
requirements on veterinary technicians.

 JUSTIFICATION : In recent years, a number of licensed professions
have addressed the issue of mandatory continuing education. Licensed
veterinary medicine is extremely proud of its long history of broad
based continuing education programs that have long been a hallmark of
the profession. These programs, offered by the various state and local
veterinary medical societies and their affiliates, colleges of
veterinary medicine, national societies and recognized board
specialties have helped ensure that the state's veterinarians maintain
the highest possible levels of professional competence. This
longstanding program has proven effective over the many years that it
has been in existence with both the overwhelming majority of licensed
practitioners availing them-selves of these opportunities and through

the lack of complaints against veterinarians based upon alleged
deficiencies in professional competence.

At the core of these professional development efforts has been local
veterinary organizations, particularly in the state's rural areas that
have served to coordinate the provision of these continuing education
opportunities. These largely voluntary efforts should be encouraged in
any mandatory continuing education requirement. As a result, this bill
specifically recognizes their ongoing role by prohibiting the
imposition on any requirement that these entities have full-time
employees and deems these longstanding providers of quality
educational programs as qualified to continue to offer these services.

The state's veterinarians and veterinary technicians are extremely
proud of their record of accomplishments in ensuring that they remain
up to date with respect to their professional competence. The
enactment of this bill will help ensure that the state works in
partnership with these professionals to ensure that this remains true
for the years to come. It also ensures that the model that has worked
for over a century will remain viable in the decades to come.

 LEGISLATIVE HISTORY : 2007/08: S.2793-B Passed Senate; A.4975-B
Higher Education 2009 S. 285-B Advanced to third reading; A. 7203-B
Passed Assembly

 EFFECTIVE DATE : This act shall take effect on the first of January
nest succeeding the date on which it shall have become a law.

2009-S285C (ACTIVE) - Bill Text download pdf

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

                                 285--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by Sens. LITTLE, AUBERTINE -- read twice and ordered printed,
  and  when printed to be committed to the Committee on Higher Education
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to  said  committee  --  committee  discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  -- recommitted to the Committee on Higher Education in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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

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

                                                           LBD00347-09-0

S. 285--C                           2

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.
  (C) A LICENSED VETERINARIAN NOT ENGAGED IN PROFESSIONAL PRACTICE 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 MEDICINE 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  FORTY-FIVE HOURS OF ACCEPTABLE
FORMAL CONTINUING EDUCATION, A MAXIMUM OF TWENTY-TWO AND ONE-HALF  HOURS
OF  WHICH MAY BE SELF-INSTRUCTIONAL COURSEWORK ACCEPTABLE TO 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  TWELVE,
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  TWELVE 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 SUBDIVI-
SION THREE OF THIS SECTION, OR UNTIL HE OR SHE  HAS  OTHERWISE  MET  THE
REQUIREMENTS  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 OFFERED BY SPONSORS OF VETERI-
NARY CONTINUING EDUCATION APPROVED BY THE  DEPARTMENT,  IN  CONSULTATION
WITH  THE  STATE BOARD FOR VETERINARY MEDICINE, TO FULFILL THE MANDATORY
CONTINUING EDUCATION  REQUIREMENT.  SPONSORS  OF  VETERINARY  CONTINUING
EDUCATION  SHALL  INCLUDE  STATE  OR  NATIONAL PROFESSIONAL ASSOCIATIONS
ESTABLISHED TO FURTHER THE VETERINARY PROFESSIONS, AND SHALL INCLUDE ANY
AFFILIATES OF SUCH ASSOCIATIONS INCLUDING LOCAL VETERINARY MEDICAL SOCI-
ETIES AND GENERALLY RECOGNIZED STATE, NATIONAL AND INTERNATIONAL VETERI-
NARY CONFERENCES AT WHICH PROFESSIONAL CONTINUING EDUCATION IS  A  MAJOR
COMPONENT  OF  SUCH  CONFERENCES,  AS  WELL AS UNIVERSITIES AND COLLEGES
OFFERING  PROGRAMS  LEADING  TO  LICENSURE  IN  THE  VETERINARY  MEDICAL

S. 285--C                           3

PROFESSIONS.  SPONSORS OF VETERINARY MEDICINE CONTINUING EDUCATION SHALL
FILE AN APPLICATION WITH THE DEPARTMENT AND PAY A FEE  OF  NINE  HUNDRED
DOLLARS.
  5.  THE MANDATORY CONTINUING EDUCATION FEE SHALL BE ESTABLISHED BY THE
DEPARTMENT, AND SHALL BE PAYABLE ON OR BEFORE  THE  FIRST  DAY  OF  EACH
TRIENNIAL  REGISTRATION  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,
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.  VETERINARY TECHNICIANS ENGAGED ON A FULL-TIME BASIS
IN THE TEACHING OF VETERINARY MEDICINE AT A VETERINARY EDUCATION PROGRAM
REGISTERED  BY  THE DEPARTMENT OR AN ACCREDITING ORGANIZATION ACCEPTABLE
TO THE DEPARTMENT SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION.
  (C) A LICENSED VETERINARY  TECHNICIAN,  NOT  ENGAGED  IN  PROFESSIONAL
PRACTICE  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  SHALL  NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE PROFES-
SION 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, A MAXIMUM OF TWELVE HOURS OF WHICH MAY BE
SELF-INSTRUCTIONAL COURSEWORK ACCEPTABLE TO THE DEPARTMENT. ANY  VETERI-
NARY  TECHNICIAN  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 TWELVE, 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 TWELVE 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  DEPART-
MENT  AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION
CERTIFICATE IS ISSUED AS PROVIDED IN SUBDIVISION THREE OF THIS  SECTION,
OR  UNTIL  HE OR SHE HAS OTHERWISE MET THE REQUIREMENTS 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

S. 285--C                           4

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  TECHNOLOGY  WHICH  ARE  OFFERED BY SPONSORS OF
VETERINARY TECHNICIAN CONTINUING EDUCATION APPROVED BY  THE  DEPARTMENT,
IN CONSULTATION WITH THE STATE BOARD FOR VETERINARY MEDICINE, TO FULFILL
THE  MANDATORY  CONTINUING EDUCATION REQUIREMENT. SPONSORS OF VETERINARY
TECHNICIAN CONTINUING EDUCATION SHALL INCLUDE STATE OR NATIONAL  PROFES-
SIONAL  ASSOCIATIONS  ESTABLISHED  TO FURTHER THE VETERINARY PROFESSIONS
AND SHALL INCLUDE ANY AFFILIATES OF SUCH  ASSOCIATIONS  INCLUDING  LOCAL
VETERINARY  MEDICAL  SOCIETIES AND LOCAL VETERINARY TECHNICIAN SOCIETIES
AND GENERALLY RECOGNIZED STATE, NATIONAL  AND  INTERNATIONAL  VETERINARY
AND  VETERINARY  TECHNICIAN CONFERENCES AT WHICH PROFESSIONAL CONTINUING
EDUCATION IS A MAJOR COMPONENT OF SUCH CONFERENCES, AS WELL AS UNIVERSI-
TIES AND COLLEGES OFFERING PROGRAMS LEADING TO LICENSURE IN THE  VETERI-
NARY  MEDICAL  PROFESSIONS. SPONSORS OF VETERINARY TECHNICIAN CONTINUING
EDUCATION SHALL FILE AN APPLICATION WITH THE DEPARTMENT AND PAY A FEE OF
NINE HUNDRED DOLLARS.
  5. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE ESTABLISHED BY  THE
DEPARTMENT,  AND  SHALL  BE  PAYABLE  ON OR BEFORE THE FIRST DAY OF EACH
TRIENNIAL REGISTRATION PERIOD, AND SHALL BE  PAID  IN  ADDITION  TO  THE
TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION SIXTY-SEVEN HUNDRED ELEV-
EN 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.

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Senate Bill S285

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Sponsored By

Betty Little

Archive: Last Bill Status Via A7203 - Signed by Governor

Bill Amendments

2009-S285 - Details

2009-S285 - Summary

2009-S285 - Sponsor Memo

2009-S285 - Bill Text download pdf

2009-S285A - Details

2009-S285A - Summary

2009-S285A - Sponsor Memo

2009-S285A - Bill Text download pdf

2009-S285B - Details

2009-S285B - Summary

2009-S285B - Sponsor Memo

2009-S285B - Bill Text download pdf

2009-S285C (ACTIVE) - Details

2009-S285C (ACTIVE) - Summary

2009-S285C (ACTIVE) - Sponsor Memo

2009-S285C (ACTIVE) - Bill Text download pdf

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