S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5023--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by  Sens. GIANARIS, ADDABBO, COMRIE, GOUNARDES -- 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 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.
              

                                                            LBD00524-08-1

 S. 5023--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.