N.Y. Education Law 6712 – Exempt persons
§ 6712. Exempt persons. Nothing in this article shall be construed to affect or prevent the following persons under the following limitations from practicing veterinary technology within the state without a license:
Terms Used In N.Y. Education Law 6712
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
1. Technicians in the performance of more technical procedures in a research facility, on animals owned by that institution when such work is under the direct supervision of a qualified professional;
2. Technicians in the military or naval service of the United States, United States Department of Agriculture, the United States Veterans Administration or the United States Public Health Service, in the practice of such technical procedures in obedience to the requirements of the laws of the United States, while engaged in the performance of the actual duties prescribed under the appropriate statutes of the United States;
3. Any student engaging in clinical practice under the supervision of a licensed veterinarian in pursuance of an approved program for the training of veterinary technology;
4. A technician who is licensed in another state, and who is in good standing in such state, providing veterinary technology services otherwise permissible pursuant to this article 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 technician 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 technician 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 section 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 veterinary technician 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.
5. A technician who is licensed in another state, and who is in good standing in such state, providing veterinary technology services otherwise permissible pursuant to this article during an emergency or natural disaster within the scope and location of assigned veterinary technician 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 technician 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 veterinary technician 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.