Assembly Bill A5823A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5823--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 25, 2021
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, GOTTFRIED, LAVINE, McDONALD, SIMON
   -- read once and referred 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 mandating the  report-
   ing of suspected animal cruelty by veterinarians
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a) and (b) of subdivision 2 of section 6714  of
 the  education  law,  as  added  by chapter 653 of the laws of 2003, are
 amended to read as follows:
   (a) When a veterinarian reasonably and in good faith suspects  that  a
 companion  animal's injury, illness or condition is the result of animal
 cruelty [or a] IN violation of [any state or federal law  pertaining  to
 the  care,  treatment,  abuse  or neglect of a companion animal] SECTION
 THREE HUNDRED FIFTY-ONE, THREE  HUNDRED  FIFTY-THREE  OR  THREE  HUNDRED
 FIFTY-THREE-A OF THE AGRICULTURE AND MARKETS LAW, the veterinarian [may]
 SHALL  report the incident and disclose records concerning the companion
 animal's condition and treatment to [the police, duly incorporated soci-
 ety for the prevention of cruelty to animals,  peace  officer,  district
 attorney's office, animal control officer, department of agriculture and
 markets,  other appropriate government agency, or any agent thereof] ANY
 OFFICER OR AGENT AUTHORIZED PURSUANT TO SECTIONS THREE HUNDRED  SEVENTY-
 ONE  AND  THREE HUNDRED SEVENTY-THREE OF THE AGRICULTURE AND MARKETS LAW
 TO RESPOND TO AND INVESTIGATE COMPLAINTS OF ANIMAL CRUELTY. THE IDENTITY
 OF SUCH VETERINARIAN MAKING A REPORT PURSUANT TO  THIS  PARAGRAPH  SHALL
 ONLY  BE  MADE  AVAILABLE  TO AN OFFICER OR AGENT AUTHORIZED PURSUANT TO
 SECTION THREE HUNDRED SEVENTY-ONE OR THREE HUNDRED SEVENTY-THREE OF  THE
 AGRICULTURE AND MARKETS LAW.
   (b) When a veterinarian reasonably believes that disclosure of records
 as  defined  in  this  section,  is  necessary  to protect the health or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00524-07-1

 A. 5823--A                          2
 
 welfare of a companion animal, a person or the public, the  veterinarian
 may  disclose such records to [the police, duly incorporated society for
 the prevention of cruelty to  animals,  peace  officer,  animal  control
 officer,  department  of  agriculture  and  markets,  other  appropriate
 government agency, or any agent thereof] ANY OFFICER OR AGENT AUTHORIZED
 PURSUANT TO SECTIONS THREE HUNDRED SEVENTY-ONE AND THREE HUNDRED  SEVEN-
 TY-THREE  OF  THE AGRICULTURE AND MARKETS LAW TO RESPOND TO AND INVESTI-
 GATE COMPLAINTS OF ANIMAL CRUELTY.   THE IDENTITY OF  SUCH  VETERINARIAN
 MAKING  A DISCLOSURE OF RECORDS PURSUANT TO THIS PARAGRAPH SHALL ONLY BE
 MADE AVAILABLE TO AN OFFICER OR AGENT  AUTHORIZED  PURSUANT  TO  SECTION
 THREE HUNDRED SEVENTY-ONE OR THREE HUNDRED SEVENTY-THREE OF THE AGRICUL-
 TURE AND MARKETS LAW.
   (C) ANY SUCH VETERINARIAN WHO REPORTS AN INCIDENT OR DISCLOSES RECORDS
 CONCERNING  A  COMPANION  ANIMAL'S  CONDITION  AND TREATMENT PURSUANT TO
 PARAGRAPH (A) OR (B) OF THIS SUBDIVISION SHALL BE  ENTITLED  TO  RECEIVE
 AND  BE PROVIDED WITH, AT NO COST TO SUCH VETERINARIAN, WRITTEN OR ELEC-
 TRONIC DOCUMENTATION OF SUCH REPORT BY THE AGENT OR OFFICER TO WHOM SUCH
 REPORT WAS MADE. SUCH REPORT SHALL INCLUDE BUT NOT  BE  LIMITED  TO  THE
 DATE  SUCH  REPORT WAS MADE, THE IDENTITY OF THE INDIVIDUAL AGAINST WHOM
 SUCH REPORT WAS MADE, THE SPECIES AND DESCRIPTION OF  THE  ANIMAL  ABOUT
 WHICH SUCH REPORT WAS MADE, THE NATURE OF THE INJURIES TO THE ANIMAL AND
 THE NAME AND LICENSE NUMBER OF THE VETERINARIAN WHO MADE SUCH REPORT.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.