N.Y. Educ. Law § 6705

Current through 2024 NY Law Chapter 457
Section 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.

N.Y. Educ. Law § 6705

Amended by New York Laws 2015, ch. 444,Sec. 2, eff. 11/21/2015.