Subpart 62, Veterinary Medicine

1. As used in this section, acceptable accrediting organization shall mean an organization accepted by the department as a reliable authority for the purpose of accreditation of veterinary medical programs at the post-secondary level, applying its criteria for granting accreditation or approval in a fair, consistent, and non-discriminatory manner, such as an agency recognized for these purposes by the United States Department of education.
2. To meet the professional education requirement for licensure in this State, the applicant shall present evidence of:
   1. either:
      1. completion of not less than 60 semester hours of pre-professional post-secondary education satisfactory to the department, and completion of a curriculum of not less than four academic years in a veterinary medical program registered by the department or accredited or approved by an acceptable accrediting organization; or
      2. graduation from an unaccredited veterinary school and completion of combined post-secondary pre-professional and professional study which the department determines to be equivalent to the requirements described in subparagraph (i) of this paragraph, including adequate clinical education as demonstrated by meeting the requirements in subdivision (c) of this section; and
   2. having received the degree of doctor of veterinary medicine, or the equivalent as determined by the department, from a school offering a professional program which meets the requirements of paragraph (1) of this subdivision.
3. A graduate from an unaccredited veterinary school may demonstrate adequate clinical education for the practice of veterinary medicine by:
   1. satisfactory completion of clinical education equivalent in purpose, content, experience, and length to the clinical training received by students in an accredited veterinary medical program, such as such clinical education obtained pursuant to a formal affiliation agreement between the unaccredited veterinary school and an accredited veterinary medical program; or
   2. receipt by the applicant of a certification by the Educational Commission for Foreign Veterinary Graduates of the American Veterinary Medical Association attesting to satisfactory completion of clinical education for the practice of veterinary medicine; or
   3. for an applicant who has applied for licensure before July 28, 1995, satisfactory performance on a practical examination in clinical veterinary medicine the scope and content of which shall be determined by the State Board of Veterinary Medicine, provided that the applicant has completed all requirements for licensure by July 28, 1996. The passing score on the practical examination shall be reported on a pass/fail basis with the passing grade being an average of 75.0 as determined by the State Board for Veterinary Medicine. In order to determine this average, no section score shall be accepted with a grade less than 65.0, and not more than one section score with a grade less than 75.0. A candidate who fails the practical examination shall be reexamined in all sections.
4. An applicant who lacks not more than one year of academic study may complete the professional study requirement by providing evidence of:
   1. an acceptable internship in a veterinary college satisfactory to the department; or
   2. graduate study acceptable to the department.

1. The department may accept as meeting the requirements of all or part of the examination requirement scores satisfactory to the State Board for Veterinary Medicine on the National Board Examination for Veterinary Medicine and the Clinical Competency Test of the National Board Examination Committee for Veterinary Medicine.
2. Notwithstanding the provisions of section 59.2 of this Title, an applicant may be admitted to the professional licensing examinations in veterinary medicine at any time during or after the final year of professional study in a registered or accredited program of veterinary medicine.

To meet the professional education requirement, the applicant shall present evidence of satisfactory completion of a program of education for veterinary technology registered by the department or accredited by an accrediting organization acceptable to the department or the substantial equivalent thereof as determined by the department.

1. Each applicant for licensure as a veterinary technician shall pass a written examination in the basic and clinical sciences. The department may accept grades acceptable to the State Board for Veterinary Medicine on the uniform examination in veterinary technology prepared by the Professional Examination Service, or other examination satisfactory to the State Board. The passing score on the written examination shall be 75.0 as determined by the State Board.
2. To be admitted to the professional licensing examination for veterinary technicians, the applicant shall have satisfied the professional education requirements for licensure set forth in section 62.4 of this Part, or shall be within his or her final six months of professional study in a program of education for veterinary technology registered by the Department or accredited by an accrediting organization acceptable to the department.

For endorsement of a license to practice veterinary technology issued by another state, the applicant shall present evidence of having met all the requirements of section 59.6 of this Title.

1. Functions. The functions of a veterinary technician may include, but shall not be limited to:
   1. collecting of appropriate specimens and performing laboratory procedures in clinical pathology and histopathology;
   2. exposing radiographic film;
   3. preparing and administering medications on medical orders of the supervising veterinarian;
   4. assisting in medical procedures;
   5. inducing and maintaining anesthesia under the onsite supervision of the licensed veterinarian; and
   6. assisting in surgical procedures in the physical presence of the licensed veterinarian.
2. Supervision. The functions of a veterinary technician shall be performed pursuant to the direction and under the general supervision of a licensed veterinarian. Such general supervision shall not be construed to require the physical presence of the supervising veterinarian at the time and place where such services are performed except as required by this Part.

1. Definitions. As used in this section:
   1. Acceptable accrediting agency means an organization accepted by the Department as a reliable authority for the purpose of accreditation at the postsecondary level, applying its criteria for granting accreditation in a fair, consistent and nondiscriminatory manner, such as an agency recognized for this purpose by the Council for Higher Education Accreditation.
   2. Higher education institution means a degree-granting postsecondary institution registered by the Department or accredited by an acceptable accrediting agency.
   3. Self-instructional coursework means structured study, provided by a sponsor approved pursuant to subdivision (i) of this section, that is based on audio, audio-visual, written, on-line, and/or other media, and does not include live instruction, transmitted in person or otherwise, during which the student may communicate and interact with the instructor and other students and 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 (3) of section 117-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.
   4. Other veterinary services means follow-up service(s) for any post-operative complications related to any free spaying or neutering surgery, as defined in paragraph (3) of this subdivision, that arise within 24 hours of performing any such surgery.
2. Applicability of requirements.
   1. Each licensed veterinarian and veterinary technician, required under Article 135 of the Education Law to register with the Department to practice in New York State, shall comply with the mandatory continuing education requirements as prescribed in subdivision (c) of this section, except those licensees who are exempt from the requirement or who obtain an adjustment to the requirement pursuant to paragraph (2) of this subdivision or who are subject to a different requirement pursuant to this section.
   2. Exemptions and adjustments to the requirement.
      1. Exemptions. The following licensees shall be exempt from the continuing education requirements, as prescribed in subdivision (c) of this section:
         1. licensees for the triennial registration period during which they are first licensed to practice as a veterinarian or a veterinary technician in New York State;
         2. licensed veterinarians or veterinary technicians who are not engaged in the practice of their respective professions in New York State, as evidenced by the filing of a statement declaring such inactive status, except as otherwise provided in subdivision (e) of this section; 
         3. veterinarians or veterinary technicians 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; and 
         4. veterinary technicians engaged on a full-time basis in the teaching of veterinary technology at a veterinary education program registered by the Department or accredited or approved by an acceptable accrediting organization. 
      2. Adjustments to the requirement. An adjustment to the continuing education requirement, as prescribed in subdivision (c) of this section, may be made by the Department, provided that the licensee documents good cause that prevents compliance or the Department determines otherwise that there is good cause that prevents compliance, which shall include, but not be limited to, any of the following reasons: poor health or a specific physical or mental disability certified by an appropriate health care professional; or extended active duty with the Armed Forces of the United States; or other good cause beyond the licensee's control which in the judgment of the Department, makes it impossible for the licensee to comply with the continuing education requirements in a timely manner.
3. Mandatory continuing education requirement.
   1. General requirement.
      1. During each three-year registration period, meaning a registration period of a three years' duration, an applicant for registration as a veterinarian shall complete at least 45 hours of continuing education, acceptable to the department, as defined in paragraph (2) of this subdivision, a maximum of 22½ hours of which may be self-instructional coursework acceptable by the department
         1. For for an applicant for registration as a veterinarian, the department may offset up to three hours of the requisite number of hours of continuing education required, pursuant to subdivision (2) of section 6704-a of the Education Law, by the number of free spaying and neutering services rendered by such 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 such services satisfy the requirements of subparagraph (i) of paragraph (a) of subdivision (2) of section 6704-a of the Education Law, that the veterinarian shall be required to provide follow-up service for any post-operative complications related to the surgery that arise within 24 hours of performing the surgery, and shall also be required to complete the core requirements established by the department. Although any such hours shall be considered part of the maximum of 22½ hours of self-instructional coursework, which an applicant may complete, per each three-year registration period, to satisfy the 45 hours of continuing education requirement, they shall be exempt from the requirements of subdivision (4) of section 6704-a of the Education Law and paragraph (2) of this subdivision. Such veterinarians are otherwise required to complete the core requirements for veterinary continuing education established by the department as described in subparagraph (1)(i) of this subdivision
      2. During each three-year registration period, meaning a registration period of three years' duration, an applicant for registration as a veterinary technician shall complete 24 hours of continuing education, acceptable to the department, as defined in paragraph (2) of this subdivision, a maximum of 12 hours of which may be self-instructional coursework acceptable to the department.
      3. During each triennial registration period, at least two hours of the required continuing education credits shall focus on the use, misuse, documentation, safeguarding and prescribing of controlled substances.
      4. Proration. Unless otherwise prescribed in this section, during each registration period of less than three years' duration, an applicant for registration shall complete acceptable continuing education, as defined in paragraph (2) of this subdivision and within the limits prescribed in such paragraph, on a prorated basis at a rate of 1¼ hours in the case of a veterinarian and 40 minutes per month in the case of a veterinary technician.
   2. Acceptable formal continuing education. To be acceptable to the Department, continuing education shall meet the requirements of this paragraph. Such continuing education must be in subjects prescribed in subparagraph (i) of this paragraph and be the types of learning activities prescribed in subparagraph (ii) of this paragraph and subject to the limitations contained in subparagraph (iii) of this paragraph.
      1. Subjects. Acceptable continuing education shall contribute to the professional practice of veterinary medicine in the case of veterinarians and veterinary technology in the case of veterinary technicians, and shall focus  on one or more of the following:
         1. subjects that enhance knowledge and skill in clinical veterinary medicine and clinical veterinary technology.
         2. client communications and recordkeeping;
         3. general supervision;
         4. practice management, risk management, and other topics which contribute to the professional practice of veterinary medicine or veterinary technology; or
         5. matters relating to veterinary health care, agricultural practices related to animals, law, and/or ethics which contribute to professional practice in veterinary medicine and veterinary technology and the health, safety, and/or welfare of the public.
      2. Types of learning activities. Acceptable continuing education shall be the types of learning activities prescribed in this subparagraph and shall be subject to the limitations prescribed in this subparagraph and subparagraph (iii) of this paragraph.
         1. Courses of learning. Acceptable continuing education shall be formal programs of learning offered by a sponsor approved by the Department pursuant to subdivision (i) of this section, which may include, among others, courses offered by an approved sponsor, university and college credit and non-credit courses, and professional development and technical sessions related to the practice of veterinary medicine.
         2. Other educational activities. To the extent such activities are offered by sponsors of veterinary continuing education approved by the Department and subject to the limitations set forth in subparagraph (iii) of this paragraph, acceptable continuing education shall be the following other educational activities:
            1. preparing and teaching a course of learning.  Continuing education hours that may be credited for this activity may include actual instructional time plus preparation time which may be up to two additional hours for each hour of presentation;
            2. preparing and teaching a course, acceptable to the Department, at a higher education institution relating to the practice of veterinary medicine or veterinary technology.  Continuing education hours that may be credited for this activity may include actual instructional time plus preparation time which may be up to two additional hours for each hour of presentation;
            3. making a technical presentation at a professional conference sponsored by an organization that is an approved sponsor of continuing education to veterinarians or veterinary technicians and that is approved pursuant to subdivision (i) of this section.  Continuing education hours that may be credited for this activity shall include actual presentation time, plus preparation time which may be up to two additional hours for each hour of presentation.  Provided however that continuing education credit may not be claimed under sections (1), (2) and (3) where the licensee previously received continuing education credit for preparing or teaching the same course, or the same content if the course is given another name, unless the course has undergone substantial revision in content;
            4. achieving specialty certification or recertification from an entity approved as a sponsor, provided that the amount of continuing education credit awarded for such certification or recertification shall be an amount prescribed by the Department;
            5. completing self-instructional coursework, as defined in paragraph 3 of subdivision (a) of this section; and
            6. completing and receiving a passing score on an examination offered by an approved sponsor that demonstrates the licensee's knowledge of the laws, rules and regulations of New York relating to the practice of veterinary medicine. Two hours of continuing education credit shall be awarded for receiving a passing score on such examination in any five-year period.
      3. Limitation on credits.
         1. No more than 22.5 hours of continuing education credits, in the case of a veterinarian, or 12 hours of continuing education credits, in the case of a veterinary technician, may be completed through self-study as described in subclause (5) of item (b) of subparagraph (ii) of this paragraph.
         2. Veterinarians may not claim continuing education credit for preparing and teaching continuing education courses to veterinary technicians.
4. Renewal of registration. At each re-registration, licensed veterinarians and licensed veterinary technicians shall certify to the Department that they have either complied with the continuing education requirements, as prescribed in this section, or are entitled to an exemption or adjustment to such continuing education requirements, as prescribed in subdivision (b) of this section.
5. Requirement for lapse in practice.
   1. A licensee returning to the practice of veterinary medicine or veterinary technology after a lapse in practice, as evidenced by not being registered to practice in New York State, whose first registration date after such lapse in practice and following January 1, 2012 occurs less than three years from January 1, 2012, shall be required to complete at least one and one-quarter hours, in the case of a veterinarian, and 40 minutes, in the case of a veterinary technician, of acceptable continuing education coursework for each month beginning with January 1, 2012 until the beginning of the new registration period.  A licensee who has not lawfully practiced veterinary medicine or veterinary technology continuously in another jurisdiction throughout such lapse period shall complete the required continuing education activity prior to and within the 12 months before the beginning of the new registration period.  A licensee who has lawfully practiced as a veterinarian or veterinary technician continuously in another jurisdiction throughout such lapse period, shall complete the required continuing education activity either in the new registration period or, at the option of the licensee, in the period beginning 36 months before the commencement of the new registration period and ending at the conclusion of such new registration period; where the licensee elects to complete required continuing education coursework, resulting from a lapse in practice, in the new registration period, such coursework will be in addition to  that coursework which is required to satisfy the mandatory continuing education requirement for the new triennial period.
   2. Except as prescribed in paragraph (1) of this subdivision for registrations therein specified, a licensee who returns to practice as a veterinarian or veterinary technician after a lapse in practice during which the licensee was not registered to practice in New York State and did not lawfully practice continuously in another jurisdiction throughout the lapse period, shall be required to complete:
      1. the continuing education requirement applicable to the period of time the licensee was registered to practice in New York State before the lapse in practice; 
      2. at least one and one-quarter hours of acceptable continuing education for each month of lapsed registration up to a maximum 45 hours, in the case of a veterinarian, and 40 minutes of acceptable continuing education for each month of lapsed registration up to a maximum 24 hours, in the case of a veterinary technician, which shall be completed in the 12 months before the beginning of the new registration period.
   3. Except as prescribed in paragraph (1) of this subdivision for registrations therein specified, a licensee who returns to the practice of veterinary medicine or veterinary technology after a lapse in practice during which the licensee was not registered to practice in New York State but did lawfully practice veterinary medicine or veterinary technology continuously in another jurisdiction throughout the lapse period, shall be required to complete:
      1. the continuing education requirement applicable to the period of time the licensee was registered in the licensee's last registration period; and
      2. at least one and one-quarter hours, in the case of a veterinarian, or 40 minutes, in the case of a veterinary technician, of acceptable continuing education for each month of lapsed registration up to a maximum of 45 hours, in the case of a veterinarian, or 24 hours, in the case of a veterinary technician, which shall be completed in such new registration period, or at the option of the licensee in the period beginning 36 months before the commencement of such new registration period and ending at the conclusion of said new registration period.
6. Conditional registration.
   1. The Department may issue a conditional registration to a licensee who attests to or admits to noncompliance with the continuing education requirements of this section, provided that such licensee:
      1. agrees to remedy such deficiency within the conditional registration period:
      2. in addition to remedying the deficiency, agrees to complete the regular continuing education requirement at the rate of one and one-quarter hours, in the case of a veterinarian, and forty minutes, in the case of a veterinary technician,  of acceptable continuing education per month during such conditional registration period; and
      3. agrees to complete additional continuing education during such conditional registration period, which the Department may require to ensure the licensee's proper delivery of professional veterinary medicine or veterinary technology services. 
   2. The duration of such conditional registration shall not exceed one year and shall not be renewed or extended.
7. Licensee records.
   1. Each licensee subject to the requirements of this section shall maintain, or ensure access by the department to, a record of completed continuing education, which includes: the title of the course if a course, the type of educational activity if other than a course of learning, the subject of the continuing education course or activity, the number of hours of continuing education completed, the sponsor’s name and any identifying number (if applicable), attendance verification if a course, verification of participation if another educational activity, and the date and location of the continuing education. Such records shall be retained for at least six years from the date of completion of the continuing education and shall be made available for review by the department in the administration of the requirements of this section. A sponsor’s failure to satisfy its obligations under subdivision (i) of this section shall not relieve a licensee of his or her obligation to provide evidence of participation in a continuing education activity for which credit is claimed.
   2. Each applicant for registration as a veterinarian seeking to offset up to three hours of the required number of hours of continuing education, pursuant to subdivision (2) of section 6704-a of the education law, by the number of free spaying and neutering services rendered by such an applicant, shall maintain, on a form prescribed by the department, and ensure access by the department to, a record of all the free spaying and neutering services provided by the applicant, as well as any follow-up services for any post-operative complications related to any free spaying or neutering surgery, as defined in paragraph (3) of subdivision (a) of this section, that arise within twenty-four hours of performing any such surgery. Such records shall be retained for at least six years from the date of completion of the continuing education and shall be made available for review by the department in the administration of the requirements of this section.
8. Measurement of continuing education study. Continuing education credit shall be granted only for acceptable continuing education, as prescribed in subdivision (c) of this section. For continuing education courses, a minimum of 50 minutes shall equal one continuing education hour of credit. Continuing education credit for other educational activities shall be awarded as prescribed by the Department.
9. Sponsor Approval.
   1. To be approved by the Department, sponsors of continuing education to licensed veterinarians or veterinary technicians shall meet the requirements of either paragraph (2) or (3) of this subdivision.
   2. The following entities shall be deemed approved by the Department as sponsors of continuing education to licensed veterinarians or veterinary technicians in the form of courses of learning or self-study programs:
      1. a national veterinary medicine or veterinary technology organization, acceptable to the Department, that fosters good practice in the veterinary medicine professions, in the nation as a whole and/or a region of the nation, including specialty boards acceptable to the Department;
      2. a New York State veterinary medicine or veterinary technology organization, acceptable to the Department, that is incorporated or otherwise organized in New York State that fosters good practice in the veterinary medicine professions;
      3. an affiliate of an organization listed in subparagraphs (i) or (ii) of this paragraph, including local veterinary medical societies;
      4. a generally recognized state, national and international veterinary conference at which professional continuing education is a major component of such conference;
      5. a national organization of jurisdictional boards of veterinary medicine or veterinary technology that promotes and protects the health, safety and welfare of the public and fosters good practice in the veterinary medicine professions; and
      6. a higher education institution.
   3. Department review of sponsors.
      1. The Department shall conduct a review of sponsors that are not otherwise deemed approved pursuant to the provisions of paragraph (2) of this subdivision and who apply for approval to offer continuing education to licensed veterinarians and veterinary technicians.
      2. An organization desiring to offer continuing education based upon a Department review under this paragraph shall submit, with the fee as set forth in subdivision (j) of this section, an application for advance approval as a sponsor at least 120 days prior to the date of the commencement of such continuing education.  Such application shall document that the organization:
         1. will offer courses of learning or self-study programs in one or more of the subjects prescribed for acceptable continuing education in subparagraph (c)(2)(i) of this section;
         2. is an organized educational entity, or an entity that has expertise in the professional areas that will be taught, including but not limited to, postsecondary institutions that are not already deemed approved pursuant to subparagraph (2)(v) of this subdivision;
         3. provides course instructors who are qualified to teach the courses which will be offered, including but not limited to, faculty of a veterinary medicine or veterinary technology program offered by a higher education institution; or instructors who are specially qualified authorities to conduct such courses in veterinary medicine or veterinary technology, as determined by the Department with assistance from the State Board for Veterinary Medicine;
         4. has a method of assessing the learning of participants and describes such method; and
         5. will maintain records for at least six years from the date of completion of coursework, which shall include, but shall not be limited to, the name and résumé of the faculty, a record of licensed veterinarians or veterinary technicians who attended the course, if a course, a record of  licensed veterinarians or veterinary technicians who participated in self-instructional coursework if self-instructional coursework, an outline of the course, date and location of the course, and the number of hours for completion of the course.  In the event an approved sponsor discontinues operation, the governing body of such sponsor shall notify the Department and shall transfer all records as directed by the Department.
      3. Sponsors that are approved by the Department pursuant to the requirements of this paragraph shall be approved for a three-year term.
      4. The Department may conduct site visits, attend any continuing education event of an approved sponsor, or request information from an approved sponsor to ensure compliance with the requirements of this paragraph, and a sponsor shall cooperate with the Department in permitting such attendance and in providing such information.
      5. A determination by the Department that an approved sponsor is not meeting the standards set forth in this paragraph may result in the termination of the approval of the sponsor or a request for correction of any identified deficiencies in the implementation of it’s continuing education program.
10. Fees.
    1. At the beginning of each registration period, a mandatory continuing education fee of $45 shall be collected from licensees engaged in the practice of veterinary medicine or veterinary technology in New York State, except for those exempt from the requirement pursuant to subparagraph (b)(2)(i) of this section.  This fee shall be in addition to the any applicable registration fees required by sections 6704-a or 6711-b of the Education Law.
    2. Licensees applying for a conditional registration, pursuant to the requirements of subdivision (f)  of this section, shall pay a fee that is the same as and in addition to, any applicable fee for the triennial registration required by sections 6734 or 6740 of the Education Law. In addition, such licensees shall pay the $45 mandatory continuing education fee.
    3. Organizations desiring to offer continuing education to licensed veterinarians and veterinary technicians shall submit an application fee of $900 with the application requesting the issuance of a certification of approval as a sponsor of a formal continuing education program from the Department.   A fee of $900 shall accompany an application for a three-year renewal of the permit.