Includes within the definition of the practice of veterinary medicine the diagnoses and treatment of dental conditions

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.