N.Y. Education Law § 6705: Exempt persons

§ 6705. Exempt persons. The following persons under the following

limitations may practice veterinary medicine within the state without a

license:

1. Any commissioned veterinary medical officer serving in the United

States armed forces or in the United States Agricultural Research

Service while so commissioned, provided such practice is limited to such

service;

2. Any person rendering gratuitous services in cases of emergency;

3. Any veterinarian who is licensed in another state or country and

who is meeting a veterinarian licensed in this state for purposes of

consultation provided such practice is limited to such consultation;

4. Any veterinarian who is licensed in a bordering state and who

resides near a border of this state, provided such practice is limited

in this state to the vicinity of such border and provided such

veterinarian does not maintain an office or place to meet patients or

receive calls within this state;

5. Any intern or resident who practices veterinary medicine in any

college in this state offering a program in veterinary medicine

registered by the department, and who is a graduate of a school of

veterinary medicine accredited in any state or country, provided such

practice is limited to such duties as intern or resident and is under

the supervision of a licensed or otherwise authorized veterinarian.

6. Any faculty member who is a graduate of a school of veterinary

medicine accredited in any state or country and whose practice of

veterinary medicine is incidental to his or her course of instruction

while serving as a faculty member in a veterinary college offering a

program registered by the department;

7. Any student who engages in clinical practice under supervision of a

licensed or otherwise authorized veterinarian in a school of veterinary

medicine in this state registered by the department.

8. Any dentist duly licensed in this state who provides dental care to

an animal at the request and under the immediate personal supervision of

a licensed veterinarian.

9. Any student enrolled and in good standing in a school of veterinary

medicine approved by the commissioner, who practices under the general

supervision of a veterinarian licensed and registered under this

article; provided however, that only such students who have completed at

least two and one-half years in an approved veterinary program and

completed all core didactic training may assist in diagnosis, treatment

and surgery in such practice, subject to the following requirements: (a)

assisting in diagnosis and surgery be under the immediate personal

supervision of such veterinarian; (b) assisting in treatment be under

the direct supervision of such veterinarian; and (c) only one such

student shall be supervised, as specified in clauses (a) and (b) of this

subdivision, by one such veterinarian.

10. Any employee of a not-for-profit pound, shelter, duly incorporated

society for the prevention of cruelty to animals, humane society or dog

or cat protective association may insert a microchip for the purposes of

identification of any animal being held for adoption by such

organization.

11. A veterinary graduate of an approved program engaging in clinical

practice under the supervision, but not necessarily direct personal

supervision, of a licensed veterinarian, provided the graduate has

passed the required state licensing examination and applied and paid a

fee for the licensing. This exemption shall not extend beyond sixty days

after graduation.

12. A physician duly licensed to practice medicine in this state, who

is board certified in an area of human medicine equivalent to the

required veterinary specialty in cases in which a veterinary specialist

in the area of medicine required for such animal's care does not exist,

is not available, or cannot be procured in a timely fashion, who

provides medical care to a gibbon or siamang (Hylobatidae, Hylobates

sp.), orangutan (Hominidae Pongindae, Pongo sp.), chimpanzee (Hominidae,

Homininae Pan. sp.), gorilla (Hominidae, Homininae, Gorilla sp.),

macaque (Cercopithecidea, Cercopithecinae, Macaca sp.), baboon

(Cercopithecidae, Cercopithecinae, Papio sp., Theropithecus sp.,

Mandrillus sp.), langur (Cercopithecidae, Colobinac, Presbytis sp.,

Trachypithecus sp.), colobus monkey (Cercopithecidae, Colobinae, Colobus

sp.) or guenon (Cercopithecidae, Cercopithecinae, Cercopithecus sp.)

held by a facility accredited by the American Zoo and Aquarium

Association at the request of and under the immediate personal

supervision of a licensed veterinarian who has personally diagnosed the

condition to be treated or who has specifically delegated such duties to

the physician and who evaluates the services provided by such physician.

13. Any person certified and currently registered as a certified

euthanasia technician pursuant to subdivision three of section three

hundred seventy-four of the agriculture and markets law or any person

undergoing training for such certification where such training is

conducted in accordance with the requirements of such section, provided

that such practice is limited to such certification or training.

14. A veterinarian who is licensed in another state, and who is in

good standing in such state, providing services directly in connection

with an investigation by law enforcement of an alleged violation of

federal or state animal fighting or animal cruelty laws, within the

scope of the investigation and/or any related judicial proceedings,

subject to the following requirements: (a) an official invitation has

been extended to the veterinarian for a specified period of time by the

law enforcement authority with jurisdiction over the investigation; and

(b) such law enforcement authority determines that the veterinarian

possesses skills, training, or experience necessary and relevant to such

investigation of alleged incidents of animal fighting or animal cruelty.

Such exemption shall not extend beyond the time period specified by the

law enforcement authority with jurisdiction over such investigation. The

law enforcement authority shall notify the state veterinarian of any

investigation conducted pursuant to this subdivision for the purposes of

facilitating appropriate animal disease control measures, if necessary,

pursuant to articles five and twenty-six of the agriculture and markets

law. Any person practicing as a veterinarian in New York state pursuant

to this subdivision shall be subject to the personal and subject matter

jurisdiction and disciplinary and regulatory authority of the board of

regents as if he or she is a licensee and as if the exemption pursuant

to this subdivision is a license. Such individual shall comply with

applicable provisions of the rules of the board of regents, and the

regulations of the commissioner, relating to professional misconduct,

disciplinary proceedings and penalties for professional misconduct.

15. A veterinarian who is licensed in another state, and who is in

good standing in such state, providing services during an emergency or

natural disaster within the scope and location of assigned veterinary

medical duties of the response efforts if: (a) an official declaration

of the disaster or emergency has been made by the governor or the

delegated state official; and (b) an official invitation has been

extended to the veterinarian for a specified time by the authority that

has jurisdiction for coordinating the animal/agricultural issues in the

state during emergencies either within or outside the emergency

management assistance compact (EMAC). Any person practicing as a

veterinarian in New York state pursuant to this subdivision shall be

subject to the personal and subject matter jurisdiction and disciplinary

and regulatory authority of the board of regents as if he or she is a

licensee and as if the exemption pursuant to this subdivision is a

license. Such individual shall comply with applicable provisions of the

rules of the board of regents, and the regulations of the commissioner,

relating to professional misconduct, disciplinary proceedings and

penalties for professional misconduct.