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

                                   333

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Higher Education

AN ACT to amend the education law,  in  relation  to  the  provision  of
  certain  supportive  services  to  veterinarians by unlicensed persons
  working at animal shelters; and  providing  for  the  repeal  of  such
  provisions upon expiration thereof

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

  Section 1. Subdivision 1 of section 6713  of  the  education  law,  as
added  by  chapter  580 of the laws of 1987 and as designated by chapter
542 of the laws of 1995, is amended to read as follows:
  1. A. An unlicensed person may provide supportive services to a veter-
inarian, including but not limited  to  administering  oral  or  topical
medications,  incidental  to  and/or  concurrent  with such veterinarian
personally performing a service or procedure, provided  such  supportive
services do not require a knowledge of veterinary science.
  B.  AN  UNLICENSED  PERSON  MAY PROVIDE SUPPORTIVE SERVICES, INCLUDING
PERFORMING DIAGNOSTIC TESTS, COLLECTING SAMPLES FOR TESTING AND ADMINIS-
TERING INJECTIONS AND TREATMENTS PRESCRIBED OR  PROVIDED  IN  A  WRITTEN
PROTOCOL  BY  A  LICENSED  VETERINARIAN,  WHERE  (I)  SUCH  SERVICES ARE
PROVIDED UNDER THE GENERAL SUPERVISION OF A  LICENSED  VETERINARIAN  FOR
ANIMALS  IN THE CUSTODY OF A MUNICIPAL OR NOT-FOR-PROFIT POUND, SHELTER,
DULY INCORPORATED SOCIETY FOR THE  PREVENTION  OF  CRUELTY  TO  ANIMALS,
HUMANE SOCIETY OR DOG OR CAT PROTECTIVE ASSOCIATION; (II) SUCH PERSON IS
A  HIGH SCHOOL GRADUATE WHO HAS RECEIVED TRAINING FROM SUCH POUND, SHEL-
TER, SOCIETY OR ASSOCIATION; (III) SUCH PERSON HAS  DEMONSTRATED  COMPE-
TENCY AS DETERMINED BY A LICENSED VETERINARIAN TO PROVIDE THE SUPPORTIVE
SERVICES; AND (IV) AFTER MAKING REASONABLE EFFORTS TO LOCATE THIS INFOR-
MATION,  SUCH  POUND, SHELTER, SOCIETY OR ASSOCIATION HAS NOT DETERMINED
THAT SUCH PERSON HAS BEEN CONVICTED OF VIOLATING ANY STATUTE,  STATE  OR

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

                                                           LBD04117-01-5

A. 333                              2

LOCAL  REGULATION,  OR  LOCAL ORDINANCE, THE PRIMARY PURPOSE OF WHICH IS
THE PREVENTION OR PUNISHMENT  OF  ANIMAL  NEGLECT,  ANIMAL  CRUELTY,  OR
ANIMAL FIGHTING, OR THAT THERE ARE CHARGES OF ANY SUCH VIOLATION PENDING
AGAINST  SUCH PERSON IN A COURT OF LAW. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO AFFECT ANY REQUIREMENTS RELATED TO EUTHANASIA AS SET  FORTH
IN ARTICLE TWENTY-SIX OF THE AGRICULTURE AND MARKETS LAW.
  S  2.  This  act  shall take effect immediately and shall expire after
forty-eight months when upon such date the provisions of this act  shall
be deemed repealed.