Requires veterinarians to report suspected animal cruelty 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, or other appropriate government agency and to turn over necessary records; protects the identity of such veterinarians; allows such veterinarians to receive a copy of such report.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5823A
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the education law, in relation to mandating the report-
ing of suspected animal cruelty by veterinarians
PURPOSE:
This bill adopts the gold standard in prevention of animal abuse by
mandating that veterinarians report suspected abuse to authorities.
SUMMARY OF PROVISIONS:
Section one amends paragraphs a and b of subdivision 2 of section 6714
of the education law.
Section two sets forth the effective date.
JUSTIFICATION:
Frequently cases of animal abuse go unaddressed because they are not
brought to the attention of authorities. In some instances, a veterina-
rian treating an abused or neglected animal might be the only person who
witnesses the results of the abuse or neglect. If a veterinarian reason-
ably and in good faith suspects that a companion animal's injury,
illness or condition is the result of animal cruelty, the veterinarian
should be required to report the incident and be able to disclose
records concerning the companion animal's condition and treatment to the
police or other appropriate government agency or any agent thereof.
This legislation changes the current law which "allows" veterinarians to
report suspected abuse, to "requiring" veterinarians to report suspected
cases of abuse and neglect. Veterinarians are medical professionals with
a duty to care and protect animals. When, in their professional judg-
ment, they suspect cases of abuse or neglect, they should be required to
report it.
LEGISLATIVE HISTORY:
2019-20: A.1170 Referred to Higher Education, S.7815 - Referred to High-
er Education
2017-18: A.4904 Referred to Higher Education; S.621 - Referred to Higher
Education
2015-16: A.9346 Referred to Higher Education; S.6659 - Referred to High-
er Education
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill shall take effect on the sixtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
5823--A
2021-2022 Regular Sessions
IN ASSEMBLY
February 25, 2021
___________
Introduced by M. of A. L. ROSENTHAL, GOTTFRIED, LAVINE, McDONALD, SIMON
-- read once and referred to the Committee on Higher Education --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the education law, in relation to mandating the report-
ing of suspected animal cruelty by veterinarians
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a) and (b) of subdivision 2 of section 6714 of
2 the education law, as added by chapter 653 of the laws of 2003, are
3 amended to read as follows:
4 (a) When a veterinarian reasonably and in good faith suspects that a
5 companion animal's injury, illness or condition is the result of animal
6 cruelty [or a] in violation of [any state or federal law pertaining to
7 the care, treatment, abuse or neglect of a companion animal] section
8 three hundred fifty-one, three hundred fifty-three or three hundred
9 fifty-three-a of the agriculture and markets law, the veterinarian [may]
10 shall report the incident and disclose records concerning the companion
11 animal's condition and treatment to [the police, duly incorporated soci-
12 ety for the prevention of cruelty to animals, peace officer, district
13 attorney's office, animal control officer, department of agriculture and
14 markets, other appropriate government agency, or any agent thereof] any
15 officer or agent authorized pursuant to sections three hundred seventy-
16 one and three hundred seventy-three of the agriculture and markets law
17 to respond to and investigate complaints of animal cruelty. The identity
18 of such veterinarian making a report pursuant to this paragraph shall
19 only be made available to an officer or agent authorized pursuant to
20 section three hundred seventy-one or three hundred seventy-three of the
21 agriculture and markets law.
22 (b) When a veterinarian reasonably believes that disclosure of records
23 as defined in this section, is necessary to protect the health or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00524-07-1
A. 5823--A 2
1 welfare of a companion animal, a person or the public, the veterinarian
2 may disclose such records to [the police, duly incorporated society for
3 the prevention of cruelty to animals, peace officer, animal control
4 officer, department of agriculture and markets, other appropriate
5 government agency, or any agent thereof] any officer or agent authorized
6 pursuant to sections three hundred seventy-one and three hundred seven-
7 ty-three of the agriculture and markets law to respond to and investi-
8 gate complaints of animal cruelty. The identity of such veterinarian
9 making a disclosure of records pursuant to this paragraph shall only be
10 made available to an officer or agent authorized pursuant to section
11 three hundred seventy-one or three hundred seventy-three of the agricul-
12 ture and markets law.
13 (c) Any such veterinarian who reports an incident or discloses records
14 concerning a companion animal's condition and treatment pursuant to
15 paragraph (a) or (b) of this subdivision shall be entitled to receive
16 and be provided with, at no cost to such veterinarian, written or elec-
17 tronic documentation of such report by the agent or officer to whom such
18 report was made. Such report shall include but not be limited to the
19 date such report was made, the identity of the individual against whom
20 such report was made, the species and description of the animal about
21 which such report was made, the nature of the injuries to the animal and
22 the name and license number of the veterinarian who made such report.
23 § 2. This act shall take effect on the one hundred twentieth day after
24 it shall have become a law.
