Includes within the definition of the practice of veterinary medicine the diagnoses and treatment of dental conditions.
BILL NUMBER: S6461
TITLE OF BILL : An act to amend the education law, in relation to the practice of veterinary medicine
SUMMARY OF SPECIFIC PROVISIONS : Section 6701 of the education law is amended to include the treatment of dental conditions as within the definition of the practice of medicine.
JUSTIFICATION : When the New York veterinary practice act was first enacted there was general agreement that the practice of veterinary medicine included all of the veterinary specialties and for many years the practice operated under that assumption.
Recently the State Racing and Wagering Board attempted to exclude unlicensed "veterinary dentists" from racetracks in the state. The State Education Department's Office for the Professions joined in the effort to prohibit this unlicensed practice. The decision in State Supreme Court in the Matter of Chris Brown v. the NYS Racing and Wagering Board was unfavorable and the state appealed the matter. The Appellate Division upheld the lower Court on the grounds that the New York Practice Act, unlike many others, did not include specific reference to dentistry in its definition of veterinary medicine.
The Court noted that the New York statute marks a "departure from parallel statutes of sister states in our region. We are guided by the maxim expressio unius est excluio alterius that the failure of the Legislature to include a matter within a particular statute is an indication that its exclusion was intended." While the State Education Department urged the Court to accept its view that dentistry was within the scope of practice of veterinary medicine, the Court noted that this was a legislative matter for consideration and modification if it was to occur.
It is important to note that most of the states in this region including Pennsylvania, New Jersey, Massachusetts, Connecticut, Rhode Island and Maryland. Along with other states with horse industries including Oklahoma, California, Texas, Montana, Minnesota, Kentucky, Washington and Ohio include dentistry within the scope of practice.
The New York Practice Act has not been significantly altered in many years during which many of these statutes were enacted or amended. It is therefore appropriate that New York join with similar states in the treatment of animal dentistry. This is especially appropriate given the efforts of the Racing and Wagering Board to seek continuity in racing standards through regional and national compacts.
PRIOR LEGISLATIVE HISTORY : New bill.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : Immediately.
STATE OF NEW YORK ________________________________________________________________________ 6461 IN SENATE January 14, 2010 ___________Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to the practice of veter- inary medicine THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 6701 of the education law, as amended by chapter 234 of the laws of 1996, is amended to read as follows: S 6701. Definition of practice of veterinary medicine. The practice of the profession of veterinary medicine is defined as diagnosing, treating, operating, or prescribing for any animal disease, pain, inju- ry, deformity or DENTAL OR physical condition, or the subcutaneous insertion of a microchip intended to be used to identify an animal. "Animal" includes every living creature except a human being. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15438-01-0