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S05023 Summary:

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S05023 Committee Votes:

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S05023 Memo:

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S05023 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5023--A
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 22, 2021
                                       ___________
 
        Introduced  by  Sens. GIANARIS, ADDABBO, COMRIE, GOUNARDES -- read twice
          and ordered printed, and when printed to be committed 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.
                                                                   LBD00524-08-1
        S. 5023--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.