N.Y. Education Law § 6704-a: Mandatory continuing education for veterinarians

§ 6704-a. Mandatory continuing education for veterinarians. 1. (a)

Each veterinarian, licensed pursuant to this article, required to

register triennially with the department to practice in this state shall

comply with the provisions of the mandatory continuing education

requirements, except as set forth in paragraphs (b) and (c) of this

subdivision. Veterinarians who do not satisfy the mandatory continuing

education requirements shall not practice until they have met such

requirements and have been issued a registration or conditional

registration certificate.

(b) Veterinarians shall be exempt from the mandatory continuing

education requirement for the triennial registration period during which

they are first licensed. In accordance with the intent of this section,

adjustments to the mandatory continuing education requirement may be

granted by the department for reasons of health, certified by a

physician, for extended active duty with the armed forces of the United

States, or for other good cause acceptable to the department which may

prevent compliance. Veterinarians engaged on a full-time basis in the

teaching of veterinary medicine at a veterinary education program

registered by the department or accredited or approved by an acceptable

accrediting organization shall be exempt from the requirements of this

section.

(c) A licensed veterinarian not engaged in professional practice shall

be exempt from the mandatory continuing education requirement upon the

filing of a statement with the department declaring such status. Any

licensee who returns to the practice of veterinary medicine shall notify

the department prior to reentering the profession and shall meet such

mandatory continuing education requirements as shall be prescribed by

regulation of the commissioner.

2. (a) During each triennial registration period an applicant for

registration shall complete a minimum of forty-five hours of acceptable

formal continuing education, a maximum of twenty-two and one-half hours

of which may be self-instructional coursework acceptable to the

department.

(i) Self-instructional coursework may include free spaying and

neutering and other veterinary services in conjunction with a

municipality, duly incorporated not-for-profit society for the

prevention of cruelty to animals, duly incorporated humane society, or

duly incorporated animal protection association or persons who would

otherwise be eligible under paragraph (a) of subdivision three of

section one hundred seventeen-a of the agriculture and markets law,

provided that such services be administered at practices, facilities and

properties that are appropriately equipped and staffed to provide such

services.

(ii) The department may offset up to three hours of the requisite

number of hours of continuing education required pursuant to this

paragraph by the number of free spaying and neutering services rendered

by an applicant, at a rate of one-half of one hour of continuing

education for each hour of free spaying and neutering services, provided

that a veterinarian shall be required to provide follow-up service for

any post-operative complications related to the surgery that arise

within twenty-four hours of performing the surgery, and shall also be

required to complete the core requirements established by the

department.

(b) Any veterinarian whose first registration date following the

effective date of this section occurs less than three years from such

effective date, but on or after January first, two thousand twelve,

shall complete continuing education hours on a prorated basis at the

rate of one and one-quarter hours per month for the period beginning

January first, two thousand twelve up to the first registration date

thereafter. A licensee who has not satisfied the mandatory continuing

education requirements shall not be issued a triennial registration

certificate by the department and shall not practice unless and until a

conditional registration certificate is issued as provided in

subdivision three of this section, or until he or she has otherwise met

the requirements of this section. The individual licensee shall

determine the selection of courses or programs of study pursuant to

subdivision four of this section.

3. The department, in its discretion, may issue a conditional

registration to a licensee who fails to meet the continuing education

requirements established in subdivision two of this section but who

agrees to make up any deficiencies and take any additional education

which the department may require. The fee for such a conditional

registration shall be the same as, and in addition to, the fee for the

triennial registration. The duration of such conditional registration

shall be determined by the department. Any licensee who is notified of

the denial of registration for failure to submit evidence, satisfactory

to the department, of completion of required continuing education and

who practices veterinary medicine without such registration, may be

subject to disciplinary proceedings pursuant to section sixty-five

hundred ten of this title.

4. As used in this section, "acceptable formal continuing education"

shall mean formal programs of learning which contribute to professional

practice of veterinary medicine which are offered by sponsors of

veterinary continuing education approved by the department, in

consultation with the state board for veterinary medicine, to fulfill

the mandatory continuing education requirement. Sponsors of veterinary

continuing education shall include state or national professional

associations established to further the veterinary professions, and

shall include any affiliates of such associations including local

veterinary medical societies and generally recognized state, national

and international veterinary conferences at which professional

continuing education is a major component of such conferences, as well

as universities and colleges offering programs leading to licensure in

the veterinary medical professions. Sponsors of veterinary medicine

continuing education shall file an application with the department and

pay a fee of nine hundred dollars.

5. The mandatory continuing education fee shall be established by the

department, and shall be payable on or before the first day of each

triennial registration period, and shall be paid in addition to the

triennial registration fee required by section sixty-seven hundred four

of this article.