Relates to provisions concerning persons exempt from licensure as veterinarians; relates to the effective date thereof

Title of bill

An act to amend chapter 176 of the laws of 2007, amending the education law relating to persons exempt from licensure as veterinarians in relation to the effectiveness thereof

Purpose

This bill would make permanent an amendment to the education law that allows state-licensed veterinarians providing services to American Zoo and Aquarium Association accredited facilities to retain the services of licensed physicians to perform medical services upon gibbons, siamangs, orangutans, chimps, gorillas and other great apes under certain limited circumstances.

Summary of provisions

Section 1: Amends Chapter 176 of the Laws of 2007 to make permanent the provisions of Education Law section 6705(12) which authorizes veterinarians to supervise physicians in rendering medical services to the enumerated nonhuman primates at American Zoo and Aquarium Association AZA) accredited facilities in the State of New York.

Justification

American Zoo and Aquarium Association (AZA) accredited facilities located in the state have, have occasionally found it necessary to undertake sensitive medical procedures on enumerated non-human primates in their long-term care and custody. During the course of these procedures, there have been times in which their veterinary experience and training has not prepared them as fully to provide the kind of sophisticated medical care they may have hoped to provide. Essentially, many major medical procedures involving these primates are not undertaken frequently enough to allow licensed veterinarians to develop the level of expertise that may be appropriate.

Given the similarity of many features of the anatomy of certain species of primates to that of human beings, this bill would make permanent a law that currently authorizes a veterinarian to draw upon the expertise of their human health colleagues by allowing them to involve a physician in the care and treatment of certain enumerated primates. In order to ensure that the overall expertise of the veterinarian in treating an animal is recognized, the law makes clear that it is the veterinarian who is responsible for the overall care of the animal by requiring that the condition be diagnosed by the veterinarian who is authorized to delegate aspects of medical care to an appropriately qualified physician while maintaining the responsibility for evaluating the care provided by the physician.

The necessity for this legislation is underscored by the enactment of 2004 legislation that makes it illegal for New Yorkers to own or possess certain exotic animals. As a result, it has become increasingly difficult for veterinarians to maintain the professional competence (via the necessary volume of patients) to undertake sophisticated procedures on these animals making the necessity for the enactment of this bill more important.

Legislative history

Chapter 176 of the Laws of 2007 would be made permanent by this bill.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Immediately. It repeals the expiration date for this law which is scheduled to sunset on January 1, 2011.