NY Educ L § 6705 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 135 - Veterinary Medicine and Animal Health Technology 6705 - Exempt Persons.

§ 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.