Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Devocalize Bill

Devocalize Bill

Ratings: (0)|Views: 9,545|Likes:
Published by Nick Reisman

More info:

Published by: Nick Reisman on Jan 13, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOCX, PDF, TXT or read online from Scribd
See more
See less

01/13/2012

pdf

text

original

 
S T A T E O F N E W Y O R K________________________________________________________________________ 3431--A2011-2012 Regular SessionsI N A S S E M B L YJanuary 25, 2011___________ Introduced by M. of A. ZEBROWSKI, MILLMAN, M. MILLER, ARROYO,SWEENEY,DINOWITZ, TITONE, PAULIN, COLTON, N. RIVERA, P. RIVERA,SCARBOROUGH,ENGLEBRIGHT, CALHOUN, MAISEL, GUNTHER, SIMOTAS, LAVINE,GALEF,BOYLAND, CUSICK, BRONSON, MOYA, WEISENBERG, ROSENTHAL, GLICK,KELLNER,CAMARA, CAHILL, BENEDETTO, ROBERTS -- Multi-Sponsored by -- M. ofA.BRENNAN, CERETTO, CONTE, FINCH, GABRYSZAK, GIBSON, GIGLIO,GOTTFRIED,HIKIND, MALLIOTAKIS, McDONOUGH, PERRY, SALADINO, THIELE, TOBACCO--read once and referred to the Committee on Agriculture --committeedischarged, bill amended, ordered reprinted as amended andrecommittedto said committeeAN ACT to amend the agriculture and markets law, in relationtorestricting the performance of surgical devocalization proceduresondogs and catsTHE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE ANDASSEM-BLY, DO ENACT AS FOLLOWS:1 Section 1. The agriculture and markets law is amended by adding anew2 section 365-a to read as follows:3 S 365-A. DEVOCALIZATION OF ANIMALS. 1. NO PERSON SHALL PERFORMTHE4 SURGICAL DEVOCALIZATION OF A DOG OR CAT EXCEPT IN ACCORDANCE WITHTHE5 PROVISIONS OF THIS SECTION.6 2. A. SURGICAL DEVOCALIZATION OF A DOG OR CAT SHALL BE PERFORMEDONLY7 BY A PERSON LICENSED AS A VETERINARIAN IN THIS STATE UNDERTHE8 PROVISIONS OF ARTICLE ONE HUNDRED THIRTY-FIVE OF THE EDUCATION LAW.
 
9 B. SURGICAL DEVOCALIZATION OF A DOG OR CAT MAY BE PERFORMED ONLYWHEN10 THE PROCEDURE IS MEDICALLY NECESSARY TO TREAT OR RELIEVE APHYSICAL11 ILLNESS, DISEASE OR INJURY OR CORRECT A CONGENITAL ABNORMALITYSUFFERED12 BY THE ANIMAL, WHICH PHYSICAL ILLNESS, DISEASE, INJURY ORCONGENITAL13 ABNORMALITY IS CAUSING OR MAY REASONABLY CAUSE THE ANIMAL PHYSICALPAIN14 OR HARM.EXPLANATION--Matter in ITALICS (underscored) is new; matter inbrackets[ ] is old law to be omitted.LBD00518-03-1A. 3431--A 21 3. A. ANY PERSON WHO PERFORMS A SURGICAL DEVOCALIZATION PROCEDURE ONA2 DOG OR CAT SHALL PREPARE A RECORD OF THE PROCEDURE CONTAININGTHE3 FOLLOWING INFORMATION:4 (1) THE NAME AND ADDRESS OF THE ANIMAL'S OWNER;5 (2) THE NAME AND ADDRESS OF THE PERSON FROM WHOM PAYMENT ISRECEIVED6 FOR THE PROCEDURE;7 (3) A DESCRIPTION OF THE ANIMAL, INCLUDING ITS NAME, SPECIES,BREED,8 DATE OF BIRTH, SEX, COLOR, MARKINGS AND CURRENT WEIGHT;9 (4) THE LICENSE NUMBER AND MUNICIPALITY THAT ISSUED THE LICENSEFOR10 THE ANIMAL;11 (5) THE DATE AND TIME OF THE PROCEDURE;12 (6) THE REASON THE PROCEDURE WAS PERFORMED; AND13 (7) ANY DIAGNOSTIC OPINION, ANALYSIS OR TEST RESULTS TO SUPPORTTHE14 DIAGNOSIS.15 B. AFTER PERFORMING A SURGICAL DEVOCALIZATION PROCEDURE ON A DOGOR16 CAT, THE PERSON PERFORMING THE PROCEDURE SHALL FILE WITH THE CLERKOF17 THE MUNICIPALITY IN WHICH THE SURGERY IS TO BE PERFORMED A COPY OFTHE18 RECORD SPECIFIED IN PARAGRAPH A OF THIS SUBDIVISION, TOGETHER WITHA19 WRITTEN STATEMENT DECLARING THAT THE PROCEDURE IS MEDICALLY NECESSARYTO20 TREAT OR RELIEVE A PHYSICAL ILLNESS, DISEASE OR INJURY OR CORRECTA21 CONGENITAL ABNORMALITY SUFFERED BY THE ANIMAL, WHICH PHYSICALILLNESS,22 DISEASE, INJURY OR CONGENITAL ABNORMALITY IS CAUSING OR MAYREASONABLE23 CAUSE THE ANIMAL PHYSICAL PAIN OR HARM.
 
24 C. THE RECORD REQUIRED BY PARAGRAPH A OF THIS SUBDIVISION SHALLBE25 RETAINED BY THE PERSON PERFORMING THE PROCEDURE FOR A PERIOD OFFOUR26 YEARS AFTER THE LAST CONTACT WITH THE ANIMAL ON WHICH THE PROCEDUREWAS27 PERFORMED. ALL SUCH RECORDS SHALL BE SUBJECT TO AUDIT BY THE STATEBOARD28 FOR VETERINARY MEDICINE.29 D. ANY PERSON WHO PERFORMS A DEVOCALIZATION PROCEDURE ON A DOG ORCAT30 SHALL REPORT THE NUMBER OF ALL SUCH PROCEDURES TO THE STATE BOARDFOR31 VETERINARY MEDICINE ANNUALLY ON OR BEFORE MARCH THIRTIETH. THEBOARD32 SHALL MAINTAIN ALL NOTICES RECEIVED UNDER THIS SUBDIVISION FORFOUR33 YEARS FROM THE DATE OF RECEIPT.34 E. ANY PERSON WHO PERFORMS A SURGICAL DEVOCALIZATION PROCEDURE ONA35 DOG OR CAT SHALL PREPARE AND PROVIDE TO THE ANIMAL'S OWNER AWRITTEN36 NOTICE THAT SUCH PROCEDURE HAS BEEN CONDUCTED ON THE ANIMAL INACCORD-37 ANCE WITH THE PROVISIONS OF THIS SECTION AND CONTAINING THEINFORMATION38 SPECIFIED IN SUBPARAGRAPHS ONE, THREE, FIVE AND SIX OF PARAGRAPH AOF39 THIS SUBDIVISION.40 4. NO COMMERCIAL ESTABLISHMENT, PET SHOP, FIRM, CORPORATION ORPERSON41 SHALL KNOWINGLY SELL A DOG OR CAT THAT HAS BEEN SURGICALLYDEVOCALIZED,42 UNLESS A COPY OF THE WRITTEN NOTICE DESCRIBED IN PARAGRAPH E OFSUBDIVI-43 SION THREE OF THIS SECTION IS PROVIDED TO ANY PROSPECTIVEPURCHASER44 BEFORE THE PURCHASER ENTERS INTO AN AGREEMENT TO PURCHASE SAIDANIMAL.45 IN ADDITION TO THE PENALTIES SET FORTH IN THIS SECTION, A FAILURETO46 PROVIDE SUCH NOTICE SHALL RENDER ANY PURCHASE AGREEMENT VOIDABLE ANDA47 VIOLATION OF THIS PARAGRAPH SHALL CONSTITUTE AN UNFAIR OR DECEPTIVEACT48 OR PRACTICE IN THE CONDUCT OF A TRADE OR COMMERCE UNDER SECTIONTHREE49 HUNDRED FORTY-NINE OF THE GENERAL BUSINESS LAW. THE PROVISIONS OFTHIS50 PARAGRAPH SHALL NOT APPLY TO DULY INCORPORATED HUMANESOCIETIES,51 NON-PROFIT ANIMAL WELFARE ORGANIZATIONS, DULY INCORPORATED SOCIETIESFOR52 THE PREVENTION OF CRUELTY TO ANIMALS, DOG OR CAT PROTECTIVEASSOCI-53 ATIONS, DOG CONTROL OFFICERS, POUNDS OR SHELTERS.

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->