US Lawyer Database

* §  429.  Veterinary care. 1. Prescription medications and treatments
shall be administered by each animal shelter under the advisement of  or
in  accordance  with  written  protocols  provided  by  a  duly licensed
veterinarian.
  2. All drugs shall be documented and dispensed by each animal  shelter
in  accordance  with  applicable  local,  state,  and  federal  laws and
regulations.
  3. All incoming animals shall  be  assessed  within  two  hours  after
intake  by  a  trained  animal  shelter staff member to determine if any
physical abnormalities exist that require immediate veterinary attention
in accordance with the shelter's written protocol for emergency care, as
required by section four hundred twenty-three of this article.
  4.  Each  animal  shelter  shall  have  the  ability  to  provide  for
veterinary  assessment  and  humane  care  in  a  timely fashion through
in-house facilities or at an off-site location.
  5. Pursuant to the written  protocol  for  emergency  veterinary  care
required  by  section  four  hundred  twenty-three of this article, each
animal shelter shall provide appropriate and timely veterinary care  for
any  animal  that is in distress, experiencing pain, or showing signs of
significant illness or injury.
  6. Each animal shelter shall recognize and  treat  acute  and  chronic
pain  appropriately, as set forth in article twenty-six of this chapter.
The legal status regarding the ownership of any animal shall not prevent
treatment to relieve suffering.
  7. Each animal shelter shall provide a complete  physical  examination
of  all  animals  in  its custody or possession by trained shelter staff
within twenty-four hours of intake to  identify  medical  or  behavioral
conditions  that  require  further  evaluation  and  care. Animals shall
specifically be examined for bite wounds; animals that have  potentially
been  exposed  to  rabies shall be managed in accordance with applicable
local and state laws. Each animal shelter shall comply with  the  rabies
reporting requirements prescribed in 10 NYCRR 2.14.
  8.  Each  animal shelter shall vaccinate each animal in its custody or
possession with core vaccines as recommended by national  standards  and
guidelines  specific  to  animal  shelters  as  established, endorsed or
approved by the American Association  of  Feline  Practitioners  (AAFP),
American  Animal  Hospital  Association  (AAHA),  or  the Association of
Shelter Veterinarians (ASV).
  9. Each animal shelter shall provide all dogs, cats,  and  ferrets  in
its  custody or possession with a rabies vaccination prior to release in
accordance with local public health laws. Each animal shelter  shall  be
in compliance at all times with section one hundred nine of this chapter
and title four of article twenty-one of the public health law.
  10.  At  a minimum, each animal shelter shall treat all animals in its
custody or possession for hookworms  and  roundworms  prior  to  release
and/or placement in foster care.
  11.  When  a  physical  or behavioral abnormality is identified at the
time of intake or at any time during any animal's  shelter  stay,  staff
members  shall follow written medical protocols required by section four
hundred twenty-three of this article,  to  determine  if  and  when  any
animal  in  its  custody  or  possession  needs to be examined by a duly
licensed veterinarian. If the animal is in foster care, the foster  care
provider shall follow written medical protocols to determine whether the
animal needs to be examined by a duly licensed veterinarian.
  12.  Any animal in the custody or possession of any animal shelter for
more than thirty days shall be examined and weighed at least monthly  by
a  trained  staff  member.  Animals in foster care shall be examined and
weighed at least once every six months by a trained staff member.

  13. Any apparently healthy animal  remaining  within  the  custody  or
possession  of  any  animal shelter shall be examined by a duly licensed
veterinarian at least every six months, or more frequently  if  problems
are identified.
  14.  Each  animal  shelter  shall  provide regular grooming to prevent
discomfort or injury to  each  animal  in  its  custody  or  possession.
Matted,  soiled,  or  otherwise  unkempt  animals shall be provided with
timely grooming  to  alleviate  discomfort  and  prevent  injury  within
forty-eight  hours  of  intake  or  identification  of condition. Severe
matting that prevents normal  movement,  an  animal's  ability  to  eat,
drink,  urinate, or defecate, or that compromises tissue health shall be
treated as a medical emergency requiring immediate care.
  15. (a) No animal shelter shall release any dog or cat for adoption to
any person unless the dog  or  cat  has  been  spayed  or  neutered,  in
accordance with section three hundred seventy-seven-a of this chapter.

(b) Prior to performing spay/neuter surgery at any animal shelter:

(i) All animals in such shelter's custody or possession shall receive an examination by a duly licensed veterinarian within twenty-four hours of surgery and anesthesia. Such examination may be performed under sedation or anesthesia if, due to the animal's behavior, an examination is not possible while awake.

(ii) Balanced anesthetic protocols that include sedation, the provision of pre- and post-operative analgesia, stress reduction, muscle relaxation and controlled, reversible loss of consciousness shall be utilized for all animals.

(iii) While surgery is being performed, the operating area shall be dedicated to surgery and contain the necessary equipment for anesthesia and patient monitoring.

(iv) Aseptic surgical technique shall be required, and separate sterile instruments shall be used for each patient. All instruments and equipment shall be maintained in proper working condition.

(v) A permanent tattoo shall be placed on the ventral abdomen of shelter-owned cats and dogs at the time of spay or neuter.

(vi) Each animal shelter shall provide adoptive owners instructions in both written and verbal forms for ten-day post-operative care of recently spayed or neutered animals.

(c) Written protocols required by section four hundred twenty-three of this chapter, shall be followed to handle related post-operative emergencies. * NB Effective December 15, 2025