NY Legislators Seek Reversal on Electromagnetic Therapy

Legislators in New York State are looking to enact a law to reverse a move earlier this year by a state board that requires pulsed electromagnetic field therapy be done by a veterinarian.

With the 2019 legislative session winding down in New York, legislation was introduced last week in both houses to make clear that skilled, non-veterinarian equine technicians and trainers can continue to using the therapy at tracks in the state.

A state veterinarian board in March issued a letter stating the therapy—used to increase circulation, decrease circulation used by many therapists and trainers—needs to be conducted by veterinarians or vet technicians under the supervision of a veterinarian.

The new legislation would put into statute a provision stating that veterinary medicine does not specifically cover non-medical Food and Drug Administration Class I registered devices, which would include but not be limited to pulsed electromagnetic field therapy. The bill was introduced May 28 by Assemblyman Gary Pretlow and on May 31 by Senator Joseph Addabbo; they are the chairs of the respective legislative houses' racing and wagering committees.

"This bill is designed to ... reduce the potential for animal cruelty by allowing better access to care for racehorses by clarifying that the practice of electromagnetic field therapy does not fall with(in) the purview of veterinary medicine. Additionally, this bill will align New York's veterinarian medicine statutory framework with other states that have significant equine industries,'' according to a memorandum in support of the legislation submitted by the two state lawmakers.

The lawmakers said other states do not limit who can perform the therapy "because it represents an adjunctive, non-invasive means to improve the overall health and well-being of race horses" without the use of drugs. The lawmakers quoted the state's equine medical director, Dr. Scott Palmer, as saying the treatments are non-invasive and have "no known side effects and does not require veterinary training to safely administer.''

The bill sponsors said the matter is similar in nature to a 2014 law enacted in New York—following a court case on the issue—to let non-veterinarians manually float a horse's teeth.