Legislation

Search OpenLegislation Statutes

This entry was published on 2017-08-18
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 6705
Exempt persons
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 135
§ 6705. Exempt persons. The following persons under the following
limitations may practice veterinary medicine within the state without a
license:

1. Any commissioned veterinary medical officer serving in the United
States armed forces or in the United States Agricultural Research
Service while so commissioned, provided such practice is limited to such
service;

2. Any person rendering gratuitous services in cases of emergency;

3. Any veterinarian who is licensed in another state or country and
who is meeting a veterinarian licensed in this state for purposes of
consultation provided such practice is limited to such consultation;

4. Any veterinarian who is licensed in a bordering state and who
resides near a border of this state, provided such practice is limited
in this state to the vicinity of such border and provided such
veterinarian does not maintain an office or place to meet patients or
receive calls within this state;

5. Any intern or resident who practices veterinary medicine in any
college in this state offering a program in veterinary medicine
registered by the department, and who is a graduate of a school of
veterinary medicine accredited in any state or country, provided such
practice is limited to such duties as intern or resident and is under
the supervision of a licensed or otherwise authorized veterinarian.

6. Any faculty member who is a graduate of a school of veterinary
medicine accredited in any state or country and whose practice of
veterinary medicine is incidental to his or her course of instruction
while serving as a faculty member in a veterinary college offering a
program registered by the department;

7. Any student who engages in clinical practice under supervision of a
licensed or otherwise authorized veterinarian in a school of veterinary
medicine in this state registered by the department.

8. Any dentist duly licensed in this state who provides dental care to
an animal at the request and under the immediate personal supervision of
a licensed veterinarian.

9. Any student enrolled and in good standing in a school of veterinary
medicine approved by the commissioner, who practices under the general
supervision of a veterinarian licensed and registered under this
article; provided however, that only such students who have completed at
least two and one-half years in an approved veterinary program and
completed all core didactic training may assist in diagnosis, treatment
and surgery in such practice, subject to the following requirements: (a)
assisting in diagnosis and surgery be under the immediate personal
supervision of such veterinarian; (b) assisting in treatment be under
the direct supervision of such veterinarian; and (c) only one such
student shall be supervised, as specified in clauses (a) and (b) of this
subdivision, by one such veterinarian.

10. Any employee of a not-for-profit pound, shelter, duly incorporated
society for the prevention of cruelty to animals, humane society or dog
or cat protective association may insert a microchip for the purposes of
identification of any animal being held for adoption by such
organization.

11. A veterinary graduate of an approved program engaging in clinical
practice under the supervision, but not necessarily direct personal
supervision, of a licensed veterinarian, provided the graduate has
passed the required state licensing examination and applied and paid a
fee for the licensing. This exemption shall not extend beyond sixty days
after graduation.

12. A physician duly licensed to practice medicine in this state, who
is board certified in an area of human medicine equivalent to the
required veterinary specialty in cases in which a veterinary specialist
in the area of medicine required for such animal's care does not exist,
is not available, or cannot be procured in a timely fashion, who
provides medical care to a gibbon or siamang (Hylobatidae, Hylobates
sp.), orangutan (Hominidae Pongindae, Pongo sp.), chimpanzee (Hominidae,
Homininae Pan. sp.), gorilla (Hominidae, Homininae, Gorilla sp.),
macaque (Cercopithecidea, Cercopithecinae, Macaca sp.), baboon
(Cercopithecidae, Cercopithecinae, Papio sp., Theropithecus sp.,
Mandrillus sp.), langur (Cercopithecidae, Colobinac, Presbytis sp.,
Trachypithecus sp.), colobus monkey (Cercopithecidae, Colobinae, Colobus
sp.) or guenon (Cercopithecidae, Cercopithecinae, Cercopithecus sp.)
held by a facility accredited by the American Zoo and Aquarium
Association at the request of and under the immediate personal
supervision of a licensed veterinarian who has personally diagnosed the
condition to be treated or who has specifically delegated such duties to
the physician and who evaluates the services provided by such physician.

13. Any person certified and currently registered as a certified
euthanasia technician pursuant to subdivision three of section three
hundred seventy-four of the agriculture and markets law or any person
undergoing training for such certification where such training is
conducted in accordance with the requirements of such section, provided
that such practice is limited to such certification or training.

14. A veterinarian who is licensed in another state, and who is in
good standing in such state, providing services directly in connection
with an investigation by law enforcement of an alleged violation of
federal or state animal fighting or animal cruelty laws, within the
scope of the investigation and/or any related judicial proceedings,
subject to the following requirements: (a) an official invitation has
been extended to the veterinarian for a specified period of time by the
law enforcement authority with jurisdiction over the investigation; and
(b) such law enforcement authority determines that the veterinarian
possesses skills, training, or experience necessary and relevant to such
investigation of alleged incidents of animal fighting or animal cruelty.
Such exemption shall not extend beyond the time period specified by the
law enforcement authority with jurisdiction over such investigation. The
law enforcement authority shall notify the state veterinarian of any
investigation conducted pursuant to this subdivision for the purposes of
facilitating appropriate animal disease control measures, if necessary,
pursuant to articles five and twenty-six of the agriculture and markets
law. Any person practicing as a veterinarian in New York state pursuant
to this subdivision shall be subject to the personal and subject matter
jurisdiction and disciplinary and regulatory authority of the board of
regents as if he or she is a licensee and as if the exemption pursuant
to this subdivision is a license. Such individual shall comply with
applicable provisions of the rules of the board of regents, and the
regulations of the commissioner, relating to professional misconduct,
disciplinary proceedings and penalties for professional misconduct.

15. A veterinarian who is licensed in another state, and who is in
good standing in such state, providing services during an emergency or
natural disaster within the scope and location of assigned veterinary
medical duties of the response efforts if: (a) an official declaration
of the disaster or emergency has been made by the governor or the
delegated state official; and (b) an official invitation has been
extended to the veterinarian for a specified time by the authority that
has jurisdiction for coordinating the animal/agricultural issues in the
state during emergencies either within or outside the emergency
management assistance compact (EMAC). Any person practicing as a
veterinarian in New York state pursuant to this subdivision shall be
subject to the personal and subject matter jurisdiction and disciplinary
and regulatory authority of the board of regents as if he or she is a
licensee and as if the exemption pursuant to this subdivision is a
license. Such individual shall comply with applicable provisions of the
rules of the board of regents, and the regulations of the commissioner,
relating to professional misconduct, disciplinary proceedings and
penalties for professional misconduct.