Includes in the definition of veterinary medicine, the treatment of dental conditions; exempts persons who can treat floating teeth of horses from licensing requirements

Summary of provisions

Section 6701 of the education law is amended to include the treatment of dental conditions other than the floating of equine teeth as within the definition of the practice of veterinary 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 of the Professions joined in the effort to prohibit this unlicensed practice. The decision in State Supreme Court in Chris Brown v. NYS Racing and Wagering Bd. was unfavorable and the state appealed the matter. The Appellate Division upheld the lower Court's decision 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 expression unius est exclusion 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, Maryland and Rhode Island, along with other states with significant equine industries, including: Kentucky, Oklahoma, California, Texas, Montana, Minnesota, Washington and Ohio include dentistry within the scope of veterinary practice.

Currently, there is the potential for pain, discomfort, and in some cases cruelty, to animals treated by minimally trained or even untrained "lay animal dentists" along with evidence of the illegal dispensing of controlled substance pain killers by them. This legislation will free horses from this threat while also recognizing

the longstanding services provided by those who have manually floated equine teeth for many years.

This legislation would in no way hinder those dentists who float equine teeth, who may continue their practice of floating teeth free of regulation.

The New York Practice Act has not been significantly modified in many years, during which many of these states' statutes were enacted or amended. It is therefore appropriate that New York join with similar states in the treatment of animal dentistry by making clear that animal dentistry is within the scope of practice of veterinary medicine. This is especially fitting given the efforts of the Racing and Wagering Board and State Education Department to seek continuity in racing standards through regional and national compacts.

Prior legislative history

2011, 2012: S.4341/A.6480 Referred to Higher Education This bill is similar in intent to S.6461/A.9562 of 2010.

Fiscal implications

None.

Effective date

This act shall take effect immediately.