As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2022, which is the 4th or 5th year after the year in which this rule is being adopted. This review period, justification for proposing same, and invitation for public comment thereon, were contained in a RFA, RAFA or JIS:

An assessment of public comment on the 4 or 5-year initial review period is not attached because no comments were received on the issue.

Since the publication of a Notice of Emergency Adoption and Revised Rule Making was published in the State Register on June 28, 2017, the State Education Department received the following comment:

1. COMMENT:

An association of veterinarians stated that, although paragraph (4) of subdivision (a) of the revised proposed regulations does provide some guidance regarding the “other veterinary services” mentioned in paragraph (3), in comments previously submitted by the association, there was concern expressed regarding the ambiguity of that phrase despite the definition provided in the proposed regulation. The association of veterinarians further states that the Department’s response to its previous comment indicates a willingness to provide further guidance should clarification become necessary, which the association of veterinarians welcomes, but it would like to offer additional comments on that point. The association of veterinarians feels that “other veterinary services” should be defined not just as follow-up services for post-operative complications, but as any services rendered in relation to the procedure within the 24-hour period surrounding the spaying or neutering. The association of veterinarians maintains that this would include treatment and services provided such as a pre-operative physical examination, peri- and post-operative examinations, and any assessment attendant to the procedure. The association of veterinarians states that services provided for any post-operative complications should certainly be part of the definition, but it feels that some of the aforementioned services should be captured in the definition as well, to ensure that licensed veterinarians are providing a full and appropriate range of care to the animals being spayed or neutered.

The association of veterinarians feels that, in addition to guaranteeing the appropriate scope of care, further articulating the services to be included in “other veterinary services” will provide licensed veterinarians clearer guidance on calculating the time allowed for providing these services. In addition, the association of veterinarians maintains that veterinarians performing a free spay or neuter and logging it as continuing education should include not just the time for the surgery, but all of the time they devote to a surgical case. It also states that, in the past, failure to provide adequate services to a patient has resulted in disciplinary action against licensed veterinarians in New York State; additional expression of the services to be provided would be a step toward avoiding that type of oversight.

DEPARTMENT RESPONSE:

As the Department stated, in its response to the association of veterinarians’ previous comments on this issue, the Department will take its suggestion, regarding possibly enumerating which “types of services” would constitute “other veterinary services” for continuing education purposes, under consideration and it may issue guidance regarding these types of services if the Department determines that such clarification is necessary in the future. Thus, no changes to the revised proposed rule are necessary at this time.

Additionally, it should be noted that some of the association of veterinarians’ suggestions as to what types of services should be included in the “other veterinary services” appear to be beyond the scope of the statutory authority. Pursuant to Education Law § 6704-a(2)(a)(ii), veterinarians, if they want to offset a portion of their required triennial continuing education requirements by providing free spaying and/or neutering services, are “required to provide follow-up service for any post-operative complications related to the surgery that arise within twenty-four hours of performing the surgery. . . .” These follow up services constitute “other veterinary services” for purposes of the revised proposed rule and the association of veterinarians’ suggestion that the “other veterinary services” definition include pre-, peri, and post-operative examinations and any assessments, appears to be beyond the scope of the aforementioned statutory authority.