§ 6705 — Exempt persons

§ 6705. Exempt persons. The following persons under the following\nlimitations may practice veterinary medicine within the state without a\nlicense:\n 1. Any commissioned veterinary medical officer serving in the United\nStates armed forces or in the United States Agricultural Research\nService while so commissioned, provided such practice is limited to such\nservice;\n 2. Any person rendering gratuitous services in cases of emergency;\n 3. Any veterinarian who is licensed in another state or country and\nwho is meeting a veterinarian licensed in this state for purposes of\nconsultation provided such practice is limited to such consultation;\n 4. Any veterinarian who is licensed in a bordering state and who\nresides near a border of this state, provided such practice is limited\nin this state to the vicinity of such border and provided such\nveterinarian does not maintain an office or place to meet patients or\nreceive calls within this state;\n 5. Any intern or resident who practices veterinary medicine in any\ncollege in this state offering a program in veterinary medicine\nregistered by the department, and who is a graduate of a school of\nveterinary medicine accredited in any state or country, provided such\npractice is limited to such duties as intern or resident and is under\nthe supervision of a licensed or otherwise authorized veterinarian.\n 6. Any faculty member who is a graduate of a school of veterinary\nmedicine accredited in any state or country and whose practice of\nveterinary medicine is incidental to his or her course of instruction\nwhile serving as a faculty member in a veterinary college offering a\nprogram registered by the department;\n 7. Any student who engages in clinical practice under supervision of a\nlicensed or otherwise authorized veterinarian in a school of veterinary\nmedicine in this state registered by the department.\n 8. Any dentist duly licensed in this state who provides dental care to\nan animal at the request and under the immediate personal supervision of\na licensed veterinarian.\n 9. Any student enrolled and in good standing in a school of veterinary\nmedicine approved by the commissioner, who practices under the general\nsupervision of a veterinarian licensed and registered under this\narticle; provided however, that only such students who have completed at\nleast two and one-half years in an approved veterinary program and\ncompleted all core didactic training may assist in diagnosis, treatment\nand surgery in such practice, subject to the following requirements: (a)\nassisting in diagnosis and surgery be under the immediate personal\nsupervision of such veterinarian; (b) assisting in treatment be under\nthe direct supervision of such veterinarian; and (c) only one such\nstudent shall be supervised, as specified in clauses (a) and (b) of this\nsubdivision, by one such veterinarian.\n 10. Any employee of a not-for-profit pound, shelter, duly incorporated\nsociety for the prevention of cruelty to animals, humane society or dog\nor cat protective association may insert a microchip for the purposes of\nidentification of any animal being held for adoption by such\norganization.\n 11. A veterinary graduate of an approved program engaging in clinical\npractice under the supervision, but not necessarily direct personal\nsupervision, of a licensed veterinarian, provided the graduate has\npassed the required state licensing examination and applied and paid a\nfee for the licensing. This exemption shall not extend beyond sixty days\nafter graduation.\n 12. A physician duly licensed to practice medicine in this state, who\nis board certified in an area of human medicine equivalent to the\nrequired veterinary specialty in cases in which a veterinary specialist\nin the area of medicine required for such animal's care does not exist,\nis not available, or cannot be procured in a timely fashion, who\nprovides medical care to a gibbon or siamang (Hylobatidae, Hylobates\nsp.), orangutan (Hominidae Pongindae, Pongo sp.), chimpanzee (Hominidae,\nHomininae Pan. sp.), gorilla (Hominidae, Homininae, Gorilla sp.),\nmacaque (Cercopithecidea, Cercopithecinae, Macaca sp.), baboon\n(Cercopithecidae, Cercopithecinae, Papio sp., Theropithecus sp.,\nMandrillus sp.), langur (Cercopithecidae, Colobinac, Presbytis sp.,\nTrachypithecus sp.), colobus monkey (Cercopithecidae, Colobinae, Colobus\nsp.) or guenon (Cercopithecidae, Cercopithecinae, Cercopithecus sp.)\nheld by a facility accredited by the American Zoo and Aquarium\nAssociation at the request of and under the immediate personal\nsupervision of a licensed veterinarian who has personally diagnosed the\ncondition to be treated or who has specifically delegated such duties to\nthe physician and who evaluates the services provided by such physician.\n 13. Any person certified and currently registered as a certified\neuthanasia technician pursuant to subdivision three of section three\nhundred seventy-four of the agriculture and markets law or any person\nundergoing training for such certification where such training is\nconducted in accordance with the requirements of such section, provided\nthat such practice is limited to such certification or training.\n 14. A veterinarian who is licensed in another state, and who is in\ngood standing in such state, providing services directly in connection\nwith an investigation by law enforcement of an alleged violation of\nfederal or state animal fighting or animal cruelty laws, within the\nscope of the investigation and/or any related judicial proceedings,\nsubject to the following requirements: (a) an official invitation has\nbeen extended to the veterinarian for a specified period of time by the\nlaw enforcement authority with jurisdiction over the investigation; and\n(b) such law enforcement authority determines that the veterinarian\npossesses skills, training, or experience necessary and relevant to such\ninvestigation of alleged incidents of animal fighting or animal cruelty.\nSuch exemption shall not extend beyond the time period specified by the\nlaw enforcement authority with jurisdiction over such investigation. The\nlaw enforcement authority shall notify the state veterinarian of any\ninvestigation conducted pursuant to this subdivision for the purposes of\nfacilitating appropriate animal disease control measures, if necessary,\npursuant to articles five and twenty-six of the agriculture and markets\nlaw. Any person practicing as a veterinarian in New York state pursuant\nto this subdivision shall be subject to the personal and subject matter\njurisdiction and disciplinary and regulatory authority of the board of\nregents as if he or she is a licensee and as if the exemption pursuant\nto this subdivision is a license. Such individual shall comply with\napplicable provisions of the rules of the board of regents, and the\nregulations of the commissioner, relating to professional misconduct,\ndisciplinary proceedings and penalties for professional misconduct.\n 15. A veterinarian who is licensed in another state, and who is in\ngood standing in such state, providing services during an emergency or\nnatural disaster within the scope and location of assigned veterinary\nmedical duties of the response efforts if: (a) an official declaration\nof the disaster or emergency has been made by the governor or the\ndelegated state official; and (b) an official invitation has been\nextended to the veterinarian for a specified time by the authority that\nhas jurisdiction for coordinating the animal/agricultural issues in the\nstate during emergencies either within or outside the emergency\nmanagement assistance compact (EMAC). Any person practicing as a\nveterinarian in New York state pursuant to this subdivision shall be\nsubject to the personal and subject matter jurisdiction and disciplinary\nand regulatory authority of the board of regents as if he or she is a\nlicensee and as if the exemption pursuant to this subdivision is a\nlicense. Such individual shall comply with applicable provisions of the\nrules of the board of regents, and the regulations of the commissioner,\nrelating to professional misconduct, disciplinary proceedings and\npenalties for professional misconduct.\n