Full Statute Name:  McKinney's Consolidated Laws of New York Annotated. Education Law. Chapter 16. Of the Consolidated Laws. Title I. General Provisions. Article 5. University of the State of New York. Part I. General Organization. § 239-b. Research dogs and cats

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Primary Citation:  McKinney's Education Law § 239-b Country of Origin:  United States Last Checked:  January, 2024 Alternate Citation:  NY EDUC § 239-b Date Adopted:  2016 Historical: 
Summary: This New York law, effective in 2016, provides that a publicly-funded higher education research facility must assess the health of the dog or cat and determine whether it is suitable for adoption after the research and testing on the animal is completed. That research facility must then make reasonable efforts to offer for adoption the dog or cat determined to be suitable for adoption, either through private placement or through an animal rescue/organization.


1. A higher education research facility that receives public money, including tax-exempt status, or a facility that provides research in collaboration with a higher education facility shall after the completion of any testing or research involving a dog or cat, assess the health of the dog or cat and determine whether it is suitable for adoption. Such facility shall thereafter make reasonable efforts to offer for adoption the dog or cat determined to be suitable for adoption, either through private placement or through an animal rescue and shelter organization, a duly incorporated society for the prevention of cruelty to animals, a duly incorporated humane society, or a duly incorporated animal protective association that operates physical animal sheltering facilities and offers household pets to the public for adoption by way of an established adoption program, prior to euthanizing such dog or cat. Nothing in this section shall create a duty upon such an organization, association or society to accept a dog or cat offered by a higher education research facility for adoption.

2. A facility that is required to offer dogs or cats for adoption under this section may enter into an agreement with an animal rescue and shelter organization, a duly incorporated society for the prevention of cruelty to animals, a duly incorporated humane society, or a duly incorporated animal protective association that operates physical animal sheltering facilities and offers household pets to the public for adoption by way of an established adoption program.

3. The attending or institutional veterinarian at a facility that is required to offer dogs or cats for adoption under this section shall have the authority to assess the health of an animal and determine whether an animal is suitable for adoption.

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(Added L.2016, c. 240, § 2, eff. Sept. 15, 2016.)

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