What's happening
This bill clarifies that using certain non-medical FDA class I devices, like pulsed electromagnetic field therapy, is not considered veterinary medicine.
Why it matters
Expands access to certain wellness and therapy devices for animals. By clarifying that the use of non-medical FDA class I devices (like pulsed electromagnetic field therapy) is not considered veterinary medicine, this bill allows non-veterinarians—such as trainers, physical therapists, or animal owners—to legally use these devices on animals without a veterinary license.
May lower costs and increase convenience for pet owners. Pet owners and animal caretakers could seek out non-veterinarian providers (who may be less expensive or more readily available) for therapies involving these devices, potentially reducing barriers to care for animals.
Draws a clearer line around veterinary practice regulations. The bill helps define what is and isn’t considered veterinary medicine, potentially reducing legal ambiguity and risk for both professionals and laypersons who use these non-invasive wellness devices on animals.
Could encourage innovation or broader adoption of alternative therapies. By specifically excluding certain low-risk devices from veterinary oversight, the legislation may make it easier for new wellness technologies to be offered and adopted in animal care settings.
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Who cares
Veterinarians
The bill would exclude the use of non-medical FDA Class I registered devices, including pulsed electromagnetic field therapy, from the legal definition of veterinary medicine.
Animal therapy providers
Providers using these devices would have their use expressly placed outside the statutory scope of veterinary practice.
Animal owners
Owners seeking pulsed electromagnetic field therapy for their animals would see its use excluded from the legal definition of veterinary medicine.
Headline styles
Clarify Vet Medicine Scope
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to higher education
- Referred to higher education
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6269
2019-2020 Regular Sessions
IN SENATE
May 31, 2019
Introduced by Sen. ADDABBO -- 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 veterinary medicine
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 6701 of the education law, as amended by chapter 268 of the laws of 2014, is amended to read as follows:
§ 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, injury, 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. Notwithstanding the foregoing provisions of this section, no provisions of this section shall be construed to include the floating of equine teeth or the use of non-medical Food and Drug Administration class I registered devices, including but not limited to pulsed electromagnetic field therapy as being within the practice of veterinary medicine.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11959-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to the practice of veterinary medicine
Purpose
This bill is designed to both reduce the potential for animal cruelty by allowing better access to care for racehorses by clarifying that the practice of electromagnetic field therapy does not fall with the purview of veterinary medicine. Additionally, this bill will align New York's veterinary medicine statutory framework with other states that have significant equine industries.
Summary of provisions
Section 1: Section 6701 of the education law is amended to clarify the floating of equine teeth and/or therapy utilizing non-medical Food and Drug Administration Class 1 registered devices are not within the prac- tice of veterinary medicine.
Justification
At nearly every thoroughbred racetrack in the United States, skilled non-veterinary tradesmen and women perform electromagnetic field therapy with non-invasive devices on the back or limbs of horses as standard care in order to increase circulation, decrease inflammation, and improve mobility in the equine athlete. No other state requires profes- sional licensing to perform such therapy because it represents an adjunctive non-invasive means to improve the overall health and well-be- ing of racehorses without the use of pharmacological. In addition, the New York State Equine Medical Director has opined that "equine treatment is non-invasive, has no known side effects and does not require veteri- nary training to safely administer".
However, the State Veterinary Board within the Office of the Professions has recently adopted the position that the use of electromagnetic field therapy needs to be performed by a veterinarian or veterinary technician under the supervision of a veterinarian.
This issue is similar to the equine dentist issue that was addressed by the courts and by the legislature through Chapter 268 of the Laws of 2014. The Appellate Division decision in Brown v. NYS Racing and Wager- ing Board, 60 AD3d 107 (2009), affirmed the lower court and noted the issue did "not involve matters of judgment reserved exclusively for licensed veterinarians, but rather address themselves to ordinary and standard care necessary for the good health and well-being of the horse."
Legislative history
This is a new bill.
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.