Article 135, Veterinarian

This article applies to the profession of veterinary medicine and veterinary technology. The general provisions for all professions contained in article one hundred thirty of this title apply to this article.

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 as being within the practice of veterinary medicine.

• Only a person licensed or exempt under this article shall practice veterinary medicine or use the title "veterinarian".
• A licensed veterinarian or a professional service corporation organized for the practice of veterinary medicine may employ veterinary technicians to assist them in the practice of their profession in such capacities as are prescribed by law and as from time to time may be set by the commissioner or the state board of veterinary medicine. A veterinarian or professional service corporation may not employ veterinary technicians in a ratio exceeding three technicians per supervising licensed veterinarian. Nothing in this section shall be construed as prohibiting a veterinarian from employing unlicensed lay persons for the performance of non-technical duties.

A state board for veterinary medicine shall be appointed by the board of regents on recommendation of the commissioner for the purpose of assisting the board of regents and the department on matters of professional licensing and professional conduct in accordance with section sixty-five hundred eight of this title. The board shall be composed of not less than seven veterinarians licensed in the state and not more than two veterinary technicians licensed in the state. An executive secretary to the board shall be appointed by the board of regents on recommendation of the commissioner. The participation of the licensed veterinary technicians shall be limited to issues concerning the licensure of veterinary technology including but not limited to qualifications, employment, scope of practice, and discipline.

1. 1. 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.
   2. 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.
   3. 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. * 
   1. 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.
      1. 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.
      2. 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.
   2. 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.
   * NB Effective February 2, 2017
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.

To qualify for a license as a veterinarian, an applicant shall fulfill the following requirements:

1. Application: file an application with the department;
2. Education: have received an education, including a doctoral degree in veterinary medicine, in accordance with the commissioner's regulations;
3. Experience: have experience satisfactory to the board and in accordance with the commissioner's regulations;
4. Examination: pass an examination satisfactory to the board and in accordance with the commissioner's regulations;
5. Age: be at least twenty-one years of age;
6. Citizenship or immigration status: be a United States citizen or an alien lawfully admitted for permanent residence in the United States; provided, however that the board of regents may grant a one-time three-year waiver for a veterinarian who otherwise meets the requirements of this article and who has accepted an offer to practice veterinary medicine in a county in the state which the department has certified as having a shortage of qualified applicants to fill existing vacancies in veterinary medicine, and provided further that the board of regents may grant an extension of such three-year waiver of not more than one year;
7. Character: be of good moral character as determined by the department; and
8. Fees: pay a fee of two hundred sixty dollars to the department for admission to a department conducted examination and for an initial license, a fee of one hundred thirty-five dollars for each reexamination, a fee of one hundred thirty dollars for an initial license for persons not requiring admission to a department conducted examination, and a fee of two hundred ten dollars for each triennial registration period.

Notwithstanding any inconsistent provision of any general, special or local law, any licensed veterinarian who voluntarily, and without the expectation of monetary compensation, renders first aid or emergency treatment to an animal that is ill or injured at the scene of an accident or other emergency, outside of an animal hospital, clinic, veterinarian's office or other place having proper and necessary equipment for the practice of veterinary medicine, shall not be liable for damages for injuries alleged to have been sustained by such animal or for damages for the death of such animal alleged to have occurred by reason of an act or omission in the rendering of such first aid or emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such veterinarian. Nothing in this section shall be deemed or construed to relieve a licensed veterinarian from liability for damages for injuries or death caused by an act or omission on the part of a veterinarian while rendering professional services in the normal and ordinary course of his or her business.

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:
   1. assisting in diagnosis and surgery be under the immediate personal supervision of such veterinarian;
   2. assisting in treatment be under the direct supervision of such veterinarian; and
   3. 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. [* NB Effective October 9, 2010]
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.

1. No business corporation, other than a professional service corporation organized under the business corporation law, shall hereafter be organized for the practice of veterinary medicine; no business corporation, other than a professional service corporation, hereafter organized shall be granted a license to practice veterinary medicine; and no business corporation, other than a professional service corporation, hereafter organized shall provide veterinary medical services.
2. Any not-for-profit corporation may own property in connection with an animal hospital or shelter provided that all veterinary practice conducted in such facilities shall be performed by a veterinarian licensed and registered under this article.

Permits limited as to eligibility, practice, and duration, shall be issued by the department to eligible applicants as follows:

1. Eligibility. The following persons shall be eligible for a limited permit:
   1. A person who fulfills all requirements for a license as a veterinarian except those relating to the examination and citizenship or permanent residence in the United States;
   2. A foreign veterinarian who is in this country on a non-immigration visa for the continuation of veterinary medical study in a college of veterinary medicine.
2. Limit of practice. A permittee shall be authorized to practice veterinary medicine only under the supervision of a licensed veterinarian in accordance with regulations of the commissioner. A licensed veterinarian shall supervise one permittee.
3. Duration. A limited permit issued pursuant to paragraph one of subdivision one of this section shall be valid for one year or until the individual has had the opportunity to take the state veterinarian licensing examination and receive the results of this examination, whichever shall occur first. It may be renewed once at the discretion of the department if the permit holder has not had a reasonable opportunity to take the state veterinarian licensing examination during the period for which such limited permit was originally issued. A limited permit may also be issued or extended for not more than one year to afford an applicant or permit holder a second opportunity to successfully complete such examination if such applicant or permit holder has successfully completed the written subjects and all except one of the practical subjects of such examination. A limited permit issued pursuant to paragraph two of subdivision one of this section shall be valid for one year, and may be renewed at the discretion of the department so long as the permit holder is a bona fide student at a college of veterinary medicine, in this state.
4. Fees. The fee for each limited permit and for each renewal shall be one hundred five dollars.

1. The practice of the profession of veterinary technology is defined as the performance of services within the field of veterinary medicine by a person who, for compensation or personal profit, is employed by or under the supervision of a veterinarian to perform such duties as are required in carrying out medical orders as prescribed by a licensed veterinarian requiring an understanding of veterinary science, but not requiring professional service as set forth in section sixty-seven hundred one of this article.
2. The commissioner shall promulgate regulations defining the functions an veterinary technician may perform that are consistent with the training and qualifications for a license as an veterinary technician. The commissioner may further require that a licensee may practice within an area of specialization only upon the successful completion of an examination established for the purpose of establishing competence in a specific area of practice in the field of veterinary technology.

Only a person licensed under sections sixty-seven hundred eleven and sixty-seven hundred eleven-a of this article or exempted from its provisions by section sixty-seven hundred twelve shall practice veterinary technology or use the title "veterinary technician".

Permits limited as to eligibility, practice, and duration, shall be issued by the department to eligible applicants as follows:

1. Eligibility. Persons shall be eligible for a limited permit who fulfill all requirements for a license as a veterinary technician except those relating to the examination and citizenship or permanent residence in the United States.
2. Duration. A limited permit issued pursuant to subdivision one of this section shall be valid for one year or until the individual has had the opportunity to take the state veterinary technician licensing examination and receive the results of this examination, whichever shall occur first. It may be renewed once at the discretion of the department if the permit holder has not had a reasonable opportunity to take the state veterinary technician licensing examination during the period for which such limited permit was originally issued.
3. Fees. The fee for each limited permit and for each renewal shall be fifty dollars.

Effective January 1, 2011

1. 1. Each veterinary technician, 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. Veterinary technicians who do not satisfy the mandatory continuing education requirements shall not practice until they have met such requirement and have been issued a registration or conditional registration certificate.
   2. Veterinary technicians 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. Veterinary technicians engaged on a full-time basis in the teaching of veterinary medicine at a veterinary education program registered by the department or an accrediting organization acceptable to the department shall be exempt from the requirements of this section.
   3. A licensed veterinary technician, 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 technology 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. During each triennial registration period an applicant for registration shall complete a minimum of twenty-four hours of acceptable formal continuing education, a maximum of twelve hours of which may be self-instructional coursework acceptable to the department. Any veterinary technician 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 technology 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 technology which are offered by sponsors of veterinary technician 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 technician 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 local veterinary technician societies and generally recognized state, national and international veterinary and veterinary technician 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 technician 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 eleven of this article.

To qualify for licensure as an veterinary technician, an applicant shall fulfill the following requirements:

1. Application: file an application with the department;
2. Education: have successfully completed a four-year course of study in a secondary school approved by the board of regents or its equivalent;
3. Have completed a college-level course of study in, and hold a diploma from a school of veterinary science technology for the training of animal health technicians, giving a course of not less than eighteen months, registered by the department as maintaining at the time, a satisfactory standard, or has completed a college-level course of study determined by the department to be the equivalent thereof;
4. Any person who submits an application prior to January first, nineteen hundred eighty-three and who submits evidence of employment by a veterinarian or a veterinary facility prior to that date may be licensed on the basis of this experience if acceptable in the discretion of the board in accordance with the commissioner's regulations and upon the successful completion of the licensing examination required by this section;
5. Examination: pass an examination satisfactory to the board and in accordance with the commissioner's regulations;
6. Citizenship or immigration status: be a United States citizen or an alien lawfully admitted for permanent residence in the United States; provided, however that the board of regents may grant a one-time three-year waiver for an animal health technician who otherwise meets the requirements of this article and provided further that the board of regents may grant an extension of such three-year waiver of not more than one year;
7. Character: be of good moral character as determined by the department; and
8. Fees: pay a fee to the department for admission to the examination and for initial licensure of eighty-five dollars, for each reexamination forty-five dollars, and a fee of eighty dollars for each triennial registration period.

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:

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.

1. An unlicensed person may provide supportive services to a veterinarian, including but not limited to administering oral or topical medications, incidental to and/or concurrent with such veterinarian personally performing a service or procedure, provided such supportive services do not require a knowledge of veterinary science.
2. A certified emergency medical technician may perform endotracheal intubation on an animal under the immediate personal supervision of a licensed veterinarian or a licensed veterinary technician acting under the direct supervision of a veterinarian, in lieu of the licensed veterinarian personally performing the procedure, provided:
   1. the emergency medical technician is enrolled in a course in advanced emergency medical technology approved under article thirty of the public health law in which pediatric endotracheal intubation training is included;
   2. the procedure is performed as part of pediatric endotracheal intubation training in that course, after didactic and manikin training in human intubation, and instruction in animal anatomy and the proper method of animal intubation have been received;
   3. the procedure is medically indicated as part of treating or operating for any non-emergency disease, pain, injury, deformity, or physical condition of the animal;
   4. the procedure is performed only when the animal is properly sedated or anesthetized;
   5. the procedure is performed no more than once per animal by no more than one certified emergency medical technician;
   6. the animal owner, or where such owner is unknown, the person having lawful charge or custody of the animal, consents in writing to the performance of the procedure by a person meeting the qualifications of this subdivision; and
   7. records kept by the commissioner of health on courses in advanced emergency medical technology meeting the requirements of this subdivision indicate whether pediatric endotracheal intubation training conducted in accordance with the provisions of this subdivision was part of a course in advanced emergency medical technology; provided, however, that this subdivision shall not be construed to require endotracheal intubation on animals, and the commissioner of health shall have discretion to determine whether endotracheal intubation training on animals shall be required for accreditation of such courses or for certification of advanced emergency medical technicians.

1. Upon written request from the owner of an animal which has received treatment from or under the supervision of a veterinarian, such veterinarian shall provide to such owner within a reasonable time period a copy of all records relating to the treatment of such animal. For the purposes of this section, the term "records" shall mean all information concerning or related to the examination or treatment of the animal kept by the veterinarian in the course of his or her practice. A veterinarian may impose a reasonable charge for providing copies of such records. A veterinarian may make available to the owner either the original or a copy of such record or document including x-rays, electrocardiograms and other diagnostic tests and may impose a reasonable fee for the reproduction of such copies.
2. A veterinarian licensed pursuant to this article, may disclose records, as defined in this section, concerning a companion animal as defined in section three hundred fifty of the agriculture and markets law which has received treatment by such veterinarian without the consent of the companion animal's owner under the following circumstances:
   1. When a veterinarian reasonably and in good faith suspects that a companion animal's injury, illness or condition is the result of animal cruelty or a violation of any state or federal law pertaining to the care, treatment, abuse or neglect of a companion animal, the veterinarian may report the incident and disclose records concerning the companion animal's condition and treatment to the police, duly incorporated society for the prevention of cruelty to animals, peace officer, district attorney's office, animal control officer, department of agriculture and markets, other appropriate government agency, or any agent thereof.
   2. When a veterinarian reasonably believes that disclosure of records as defined in this section, is necessary to protect the health or welfare of a companion animal, a person or the public, the veterinarian may disclose such records to the police, duly incorporated society for the prevention of cruelty to animals, peace officer, animal control officer, department of agriculture and markets, other appropriate government agency, or any agent thereof.
3. A veterinarian acts in good faith within the meaning of this section when he or she reasonably believes that his or her actions are necessary to protect the health and welfare of the companion animal or the public.
4. A veterinarian who reasonably and in good faith reports or discloses records in accordance with this section shall be immune from liability in the form of damages in any civil or criminal proceeding on account of such reporting or disclosure.