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Effective Learning and Teaching in Medical, Dental, and Veterinary Education

Each veterinarian, licensed pursuant to this article, required to register triennially with the department to practice in this state shall comply with the provisions of the mandatory continuing education requirements, except as set forth in paragraphs b and c of this subdivision. Veterinarians who do not satisfy the mandatory continuing education requirements shall not practice until they have met such requirements and have been issued a registration or conditional registration certificate.

Veterinarians shall be exempt from the mandatory continuing education requirement for the triennial registration period during which they are first licensed. In accordance with the intent of this section, adjustments to the mandatory continuing education requirement may be granted by the department for reasons of health, certified by a physician, for extended active duty with the armed forces of the United States, or for other good cause acceptable to the department which may prevent compliance.

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Veterinarians engaged on a full-time basis in the teaching of veterinary medicine at a veterinary education program registered by the department or accredited or approved by an acceptable accrediting organization shall be exempt from the requirements of this section. A licensed veterinarian not engaged in professional practice shall be exempt from the mandatory continuing education requirement upon the filing of a statement with the department declaring such status.

Background

Any licensee who returns to the practice of veterinary medicine shall notify the department prior to reentering the profession and shall meet such mandatory continuing education requirements as shall be prescribed by regulation of the commissioner. Self-instructional coursework may include free spaying and neutering and other veterinary services in conjunction with a municipality, duly incorporated not-for-profit society for the prevention of cruelty to animals, duly incorporated humane society, or duly incorporated animal protection association or persons who would otherwise be eligible under paragraph a of subdivision three of section one hundred seventeen-a of the agriculture and markets law, provided that such services be administered at practices, facilities and properties that are appropriately equipped and staffed to provide such services.

The department may offset up to three hours of the requisite number of hours of continuing education required pursuant to this paragraph by the number of free spaying and neutering services rendered by an applicant, at a rate of one-half of one hour of continuing education for each hour of free spaying and neutering services, provided that a veterinarian shall be required to provide follow-up service for any post-operative complications related to the surgery that arise within twenty-four hours of performing the surgery, and shall also be required to complete the core requirements established by the department.

Any veterinarian whose first registration date following the effective date of this section occurs less than three years from such effective date, but on or after January first, two thousand twelve, shall complete continuing education hours on a prorated basis at the rate of one and one-quarter hours per month for the period beginning January first, two thousand twelve up to the first registration date thereafter.

A licensee who has not satisfied the mandatory continuing education requirements shall not be issued a triennial registration certificate by the department and shall not practice unless and until a conditional registration certificate is issued as provided in subdivision three of this section, or until he or she has otherwise met the requirements of this section. The individual licensee shall determine the selection of courses or programs of study pursuant to subdivision four of this section. The fee for such a conditional registration shall be the same as, and in addition to, the fee for the triennial registration.

The duration of such conditional registration shall be determined by the department. Any licensee who is notified of the denial of registration for failure to submit evidence, satisfactory to the department, of completion of required continuing education and who practices veterinary medicine without such registration, may be subject to disciplinary proceedings pursuant to section sixty-five hundred ten of this title. As used in this section, "acceptable formal continuing education" shall mean formal programs of learning which contribute to professional practice of veterinary medicine which are offered by sponsors of veterinary continuing education approved by the department, in consultation with the state board for veterinary medicine, to fulfill the mandatory continuing education requirement.

Sponsors of veterinary continuing education shall include state or national professional associations established to further the veterinary professions, and shall include any affiliates of such associations including local veterinary medical societies and generally recognized state, national and international veterinary conferences at which professional continuing education is a major component of such conferences, as well as universities and colleges offering programs leading to licensure in the veterinary medical professions.

Sponsors of veterinary medicine continuing education shall file an application with the department and pay a fee of nine hundred dollars. The mandatory continuing education fee shall be established by the department, and shall be payable on or before the first day of each triennial registration period, and shall be paid in addition to the triennial registration fee required by section sixty-seven hundred four of this article. 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; 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.

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. 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: assisting in diagnosis and surgery be under the immediate personal supervision of such veterinarian; assisting in treatment be under the direct supervision of such veterinarian; and only one such student shall be supervised, as specified in clauses a and b of this subdivision, by one such veterinarian.

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. 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. 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.

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. No business corporation, other than a professional service corporation organized under the business corporation law, shall hereafter be organized for the practice of veterinary medicine; no business corporation, other than a professional service corporation, hereafter organized shall be granted a license to practice veterinary medicine; and no business corporation, other than a professional service corporation, hereafter organized shall provide veterinary medical services.

Any not-for-profit corporation may own property in connection with an animal hospital or shelter provided that all veterinary practice conducted in such facilities shall be performed by a veterinarian licensed and registered under this article. Permits limited as to eligibility, practice, and duration, shall be issued by the department to eligible applicants as follows: Eligibility.

The following persons shall be eligible for a limited permit: A person who fulfills all requirements for a license as a veterinarian except those relating to the examination and citizenship or permanent residence in the United States; A foreign veterinarian who is in this country on a non-immigration visa for the continuation of veterinary medical study in a college of veterinary medicine.

Limit of practice. A permittee shall be authorized to practice veterinary medicine only under the supervision of a licensed veterinarian in accordance with regulations of the commissioner. A licensed veterinarian shall supervise one permittee. A limited permit issued pursuant to paragraph one of subdivision one of this section shall be valid for one year or until the individual has had the opportunity to take the state veterinarian licensing examination and receive the results of this examination, whichever shall occur first.

It may be renewed once at the discretion of the department if the permit holder has not had a reasonable opportunity to take the state veterinarian licensing examination during the period for which such limited permit was originally issued. A limited permit may also be issued or extended for not more than one year to afford an applicant or permit holder a second opportunity to successfully complete such examination if such applicant or permit holder has successfully completed the written subjects and all except one of the practical subjects of such examination.

A limited permit issued pursuant to paragraph two of subdivision one of this section shall be valid for one year, and may be renewed at the discretion of the department so long as the permit holder is a bona fide student at a college of veterinary medicine, in this state. The fee for each limited permit and for each renewal shall be one hundred five dollars. The practice of the profession of veterinary technology is defined as the performance of services within the field of veterinary medicine by a person who, for compensation or personal profit, is employed by or under the supervision of a veterinarian to perform such duties as are required in carrying out medical orders as prescribed by a licensed veterinarian requiring an understanding of veterinary science, but not requiring professional service as set forth in section sixty-seven hundred one of this article.

The commissioner shall promulgate regulations defining the functions an veterinary technician may perform that are consistent with the training and qualifications for a license as an veterinary technician. The commissioner may further require that a licensee may practice within an area of specialization only upon the successful completion of an examination established for the purpose of establishing competence in a specific area of practice in the field of veterinary technology.

Persons shall be eligible for a limited permit who fulfill all requirements for a license as a veterinary technician except those relating to the examination and citizenship or permanent residence in the United States.


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A limited permit issued pursuant to subdivision one of this section shall be valid for one year or until the individual has had the opportunity to take the state veterinary technician licensing examination and receive the results of this examination, whichever shall occur first. It may be renewed once at the discretion of the department if the permit holder has not had a reasonable opportunity to take the state veterinary technician licensing examination during the period for which such limited permit was originally issued.

The fee for each limited permit and for each renewal shall be fifty dollars. Effective January 1, Each veterinary technician, licensed pursuant to this article, required to register triennially with the department to practice in this state shall comply with the provisions of the mandatory continuing education requirements, except as set forth in paragraphs b and c of this subdivision.

Veterinary technicians who do not satisfy the mandatory continuing education requirements shall not practice until they have met such requirement and have been issued a registration or conditional registration certificate. Veterinary technicians shall be exempt from the mandatory continuing education requirement for the triennial registration period during which they are first licensed.

Veterinary technicians engaged on a full-time basis in the teaching of veterinary medicine at a veterinary education program registered by the department or an accrediting organization acceptable to the department shall be exempt from the requirements of this section.

A licensed veterinary technician, not engaged in professional practice shall be exempt from the mandatory continuing education requirement upon the filing of a statement with the department declaring such status. Any licensee who returns to the practice of veterinary technology shall notify the department prior to reentering the profession and shall meet such mandatory continuing education requirements as shall be prescribed by regulation of the commissioner.

During each triennial registration period an applicant for registration shall complete a minimum of twenty-four hours of acceptable formal continuing education, a maximum of twelve hours of which may be self-instructional coursework acceptable to the department.

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