New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter B - Regulation of Professions
Part 62 - Veterinary Medicine
Section 62.8 - Continuing education for veterinarians and veterinary technicians
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 62.8
Current through Register Vol. 46, No. 39, September 25, 2024
(a) 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.
(b) 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.
(i)
Exemptions. The following licensees shall be exempt from the continuing
education requirements, as prescribed in subdivision (c) of this section:
(a) 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;
(b) 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;
(c) 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
(d) 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.
(ii) 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.
(c) Mandatory continuing education requirement.
(1) General
requirement.
(i) 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 221/2 hours of which may be
self-instructional coursework acceptable by the department.
(a) 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 221/2 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.
(ii)
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.
(iii) 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.
(iv)
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 11/4 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.
(i) 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:
(a) subjects that enhance
knowledge and skill in clinical veterinary medicine and clinical veterinary
technology;
(b) client
communications and recordkeeping;
(c) general supervision;
(d) practice management, risk management, and
other topics which contribute to the professional practice of veterinary
medicine or veterinary technology; or
(e) 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.
(ii) 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.
(a) 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.
(b) 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 subclauses (1) and (2) of this
clause and this subclause 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 (a)(3) 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.
(iii) Limitation on credits.
(a) 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
(ii)(b)(5) of this paragraph.
(b) Veterinarians may not claim continuing
education credit for preparing and teaching continuing education courses to
veterinary technicians.
(d) 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.
(e) 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 11/4 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:
(i) 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;
(ii) at least 11/4 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:
(i) the continuing
education requirement applicable to the period of time the licensee was
registered in the licensee's last registration period; and
(ii) at least 11/4 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.
(f) 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:
(i) agrees to remedy such deficiency within
the conditional registration period;
(ii) in addition to remedying the deficiency,
agrees to complete the regular continuing education requirement at the rate of
11/4 hours, in the case of a veterinarian, and 40 minutes, in the case of a
veterinary technician, of acceptable continuing education per month during such
conditional registration period; and
(iii) 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.
(g) 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 (a)(3) of this section, that arise within 24
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.
(h) 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.
(i) 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:
(i) 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;
(ii) 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;
(iii) an affiliate of an organization listed
in subparagraph (i) or (ii) of this paragraph, including local veterinary
medical societies;
(iv) a generally
recognized state, national and international veterinary conference at which
professional continuing education is a major component of such
conference;
(v) 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
(vi) a higher education
institution.
(3)
Department review of sponsors.
(i) 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.
(ii) 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:
(a) 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;
(b) 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;
(c) 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;
(d)
has a method of assessing the learning of participants and describes such
method; and
(e) 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.
(iii)
Sponsors that are approved by the department pursuant to the requirements of
this paragraph shall be approved for a three-year term.
(iv) 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.
(v) 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.
(j) 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 section
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
section
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.
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