BILL NUMBER: S6269

SPONSOR: ADDABBO
 
TITLE OF BILL:  An act to amend the education law, in relation to the
practice of veterinary medicine

 
PURPOSE:

This bill is designed to both reduce the potential for animal cruelty by
allowing better access to care for racehorses by clarifying that the
practice of electromagnetic field therapy does not fall with the purview
of veterinary medicine. Additionally, this bill will align New York's
veterinary medicine statutory framework with other states that have
significant equine industries.

 
SUMMARY OF PROVISIONS:

Section 1: Section 6701 of the education law is amended to clarify the
floating of equine teeth and/or therapy utilizing non-medical Food and
Drug Administration Class 1 registered devices are not within the prac-
tice of veterinary medicine.
              

 
JUSTIFICATION:

At nearly every thoroughbred racetrack in the United States, skilled
non-veterinary tradesmen and women perform electromagnetic field therapy
with non-invasive devices on the back or limbs of horses as standard
care in order to increase circulation, decrease inflammation, and
improve mobility in the equine athlete. No other state requires profes-
sional licensing to perform such therapy because it represents an
adjunctive non-invasive means to improve the overall health and well-be-
ing of racehorses without the use of pharmacological.  In addition, the
New York State Equine Medical Director has opined that "equine treatment
is non-invasive, has no known side effects and does not require veteri-
nary training to safely administer".

However, the State Veterinary Board within the Office of the Professions
has recently adopted the position that the use of electromagnetic field
therapy needs to be performed by a veterinarian or veterinary technician
under the supervision of a veterinarian.

This issue is similar to the equine dentist issue that was addressed by
the courts and by the legislature through Chapter 268 of the Laws of
2014. The Appellate Division decision in Brown v. NYS Racing and Wager-
ing Board, 60 AD3d 107 (2009), affirmed the lower court and noted the
issue did "not involve matters of judgment reserved exclusively for
licensed veterinarians, but rather address themselves to ordinary and
standard care necessary for the good health and well-being of the
horse."

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.