| 1 | 1 | | SENATE, No. 3814 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED OCTOBER 24, 2024 |
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| 3 | 3 | | SENATE, No. 3814 |
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| 5 | 5 | | STATE OF NEW JERSEY |
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| 7 | 7 | | 221st LEGISLATURE |
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| 10 | 10 | | |
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| 11 | 11 | | INTRODUCED OCTOBER 24, 2024 |
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| 15 | 15 | | Sponsored by: Senator VIN GOPAL District 11 (Monmouth) SYNOPSIS Establishes Dog Training Licensing Board to license and regulate dog trainers. CURRENT VERSION OF TEXT As introduced. |
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| 19 | 19 | | Sponsored by: |
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| 21 | 21 | | Senator VIN GOPAL |
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| 23 | 23 | | District 11 (Monmouth) |
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| 33 | 33 | | SYNOPSIS |
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| 34 | 34 | | |
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| 35 | 35 | | Establishes Dog Training Licensing Board to license and regulate dog trainers. |
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| 37 | 37 | | |
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| 38 | 38 | | |
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| 39 | 39 | | CURRENT VERSION OF TEXT |
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| 41 | 41 | | As introduced. |
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| 45 | 45 | | An Act concerning regulation of dog trainers and supplementing Title 45 of the Revised Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. As used in this act: "Board" means the Dog Training Licensing Board. "Dog training" means the handling or training of dogs for a fee, salary, or other form of compensation. "Dog trainer" means a person engaged in the practice of dog training or behavior modification who is licensed pursuant to the provisions of this act. "Aversive training methods" means the use of practices, devices, or tools employed by a dog trainer that deliberately cause pain, injury, or distress. 2. There is hereby created within the Division of Consumer Affairs in the Department of Law and Public Safety the Dog Training Licensing Board. The board shall consist of seven members who are residents of this State. Except for the members first appointed: two members shall be dog trainers licensed pursuant to this act and affiliated with dog training businesses in the State; one member shall be a veterinary behaviorist certified by the American College of Veterinary Behaviorists; one member shall be affiliated with an animal protection group; two members shall be public members; and one member shall be a State executive department member appointed pursuant to subsection c. of section 2 of P.L.1971, c.60 (C.45:1-2.2). Of the members first appointed, the two dog trainers shall be affiliated with dog training businesses that have operated in the State for at least one year. The Governor shall appoint each member, other than the State executive department member, with the advice and consent of the Senate. The Governor shall appoint each member, other than the State executive department member, for a term of four years, except that of the members first appointed, two shall serve for terms of three years, two shall serve for terms of two years, and two shall serve for a term of one year. Each member shall hold office until a successor has been qualified. Any vacancy in the membership of the board shall be filled for the unexpired term only in the manner provided for the original appointment. 3. a. The board shall organize within 30 days of the appointment of its members and shall meet at least twice a year. The board may hold additional meetings as necessary to discharge its duties. A majority of the board membership shall constitute a quorum. b. Each member of the board shall be compensated on a per diem basis pursuant to subsection a. of section 2 of P.L.1977, c.285 (C.45:1-2.5), and shall be reimbursed for actual expenses reasonably incurred in the performance of the duties as a member or on behalf of the board. 4. a. The board shall establish an evidence-based, humane training code of practice that aligns with current welfare principles and incorporates scientifically-endorsed methods that preclude the use of aversive training methods. b. In developing a code of ethics pursuant to subsection a. of this section, the board shall consult the latest findings in veterinary behavioral science to ensure permitted training methods prioritize animal welfare. c. A licensee shall, in good faith, adopt and practice the Hippocratic "First, do no harm" ethic in accordance with the standards established by the American Veterinary Society of Animal Behavior, the American Animal Hospital Association, and the American Veterinary Medical Association. d. The board shall review and, if necessary, update the code of practice every five years to reflect the latest developments in veterinary behavioral science. Upon updates to the code, a licensee shall be required to have the license renewed, contingent upon the licensee demonstrating an understanding, as in a form and manner as determined by the board and for a reasonable fee that may be incorporated as part of the licensure renewal cost, of the updated code of practice. 5. The board shall: a. establish educational and experiential requirements for licensure as a dog trainer; b. keep records of its proceedings and a register of all persons to whom initial licenses have been issued and of license renewal, revocation, and suspension; c. adopt a seal to authenticate its records and proceedings; d. maintain records expenses incurred by members of the board in the performance of their duties; e. annually elect from among its members a chairperson and vice-chairperson, and shall appoint a secretary who need not be a member of the board; and f. adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as it deems necessary to administer the provisions of this act. 6. a. In addition to educational and experiential requirements to be established pursuant to subsection a. of section 5 of this act, the board shall develop an examination designed to evaluate the skills and competency of an individual as a dog trainer. b. The board may charge a reasonable fee to sit for the examination. The fee shall not exceed the administrative costs of administering the examination. c. The examination shall be administered at least twice a year at times and places determined by the board. d. The examination shall be periodically updated to reflect changes in the code of practice developed by the board pursuant to section 4 of this act. 7. a. To be eligible for licensure as a dog trainer, an individual shall be at least 18 years of age. b. An individual who demonstrates the provision of services as a dog trainer continuously in the State for at least one year prior to the effective date of this act shall be exempt from the educational and experiential requirements established pursuant to subsection a. of section 5 of this act, but shall maintain compliance with the code of practice established pursuant to section 4 of this act. 8. a. The board shall investigate all complaints relating to the proper practice of any licensee under this act and complaints relating to any violation of this act. The board may impose disciplinary measures based on a finding of a violation under a preponderance of the evidence standard. The board may, during the pendency of an investigation and disciplinary proceeding, summarily suspend the license of a dog trainer upon a preliminary finding by the board of probable cause to believe that the individual poses a substantial and imminent risk to the health or safety of the public or of animals under the care or supervision of the licensee. b. The board, after a hearing pursuant to regulation it shall establish, may: (1) revoke or suspend a license of a dog trainer; (2) deny or revoke eligibility for the license; (3) reprimand, censure or otherwise discipline an applicant seeking initial licensure or a licensee by placing conditions on an individual's continued authorization to practice. c. For the board to take action pursuant to subsection b. of this section, proof satisfactory to a majority of the board shall demonstrate that an applicant seeking initial licensure or a licensee: (1) fraudulently procured a license under this act; (2) committed an offense against any provision of the laws of this State relating to the authorized practice of dog trainers or any rule or regulation adopted thereunder; (3) engaged in gross misconduct in providing dog training services, practiced fraudulently, practiced with gross incompetence or with gross negligence on a particular occasion, or practiced with negligence on repeated occasions; (4) provided dog training services while the individual's ability to practice in a safe and competent manner was materially compromised in a way that posed a substantial risk to the health and safety of the public or of animals under the care or supervision of the individual; (5) provided dog training services while under the influence of alcohol or a drug described in this subsection and while habitually intoxicated or addicted to, dependent on, or a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effects, other than with respect to lawful use of medications in accordance with a prescription issued to the individual; (6) knowingly and for purposes of fraud, deception, or personal gain allowed, aided, or abetted an unlicensed and unauthorized individual to perform activities requiring a license under this act, excluding activities permissible under any provision of the laws of this State relative to the training of aspiring dog trainers; (7) has committed fraud or a criminal offense that reasonably calls into question the ability of the individual to practice as a dog trainer without posing substantial risk to the health or safety of the public or of animals under the care or supervision of the individual; (8) engaged in conduct in material violation of industry recognized standards, or standards equivalent to or more restrictive of aversive practices that have been adopted by the board pursuant to section 4 of this act; or (9) violated any rule or regulation of the board governing the practice of dog trainers. 9. The provisions of this act shall not apply to persons who train police dogs or who train dogs intended for use by federal or State agencies to protect the public. 10. Sections 1 through 6 and section 9 shall take effect immediately and sections 7 and 8 shall take effect on the first day of the 11th month next following enactment. STATEMENT This bill provides oversight for dog trainers. Specifically, the bill establishes the Dog Training Licensing Board and provides authorization for the board to, among other items: 1) develop educational and experiential requirements for licensure as a dog trainer; and 2) adopt rules and regulations regarding dog training. Under the bill, the board is also to establish an evidence-based, humane training code of practice that aligns with current welfare principles and incorporates scientifically-endorsed methods that preclude the use of aversive training methods. The bill stipulates that licensees are to adopt and practice the Hippocratic "First, do no harm" ethic. The board is authorized to investigate all complaints relating to the proper practice of any licensee and complaints relating to any violation of the bill. The board may also impose disciplinary measures based on a finding of a violation under a preponderance of the evidence standard. The bill includes an exemption from the educational and experiential requirements for individuals who demonstrate the provision of services as a dog trainer continuously in the State for at least one year prior to the effective date of the bill. The bill does not apply to persons who train police dogs or who train dogs intended for use by federal or State agencies to protect the public. |
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| 46 | 46 | | |
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| 47 | 47 | | An Act concerning regulation of dog trainers and supplementing Title 45 of the Revised Statutes. |
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| 48 | 48 | | |
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| 51 | 51 | | Be It Enacted by the Senate and General Assembly of the State of New Jersey: |
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| 55 | 55 | | 1. As used in this act: |
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| 56 | 56 | | |
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| 57 | 57 | | "Board" means the Dog Training Licensing Board. |
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| 58 | 58 | | |
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| 59 | 59 | | "Dog training" means the handling or training of dogs for a fee, salary, or other form of compensation. |
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| 60 | 60 | | |
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| 61 | 61 | | "Dog trainer" means a person engaged in the practice of dog training or behavior modification who is licensed pursuant to the provisions of this act. |
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| 62 | 62 | | |
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| 63 | 63 | | "Aversive training methods" means the use of practices, devices, or tools employed by a dog trainer that deliberately cause pain, injury, or distress. |
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| 64 | 64 | | |
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| 65 | 65 | | |
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| 67 | 67 | | 2. There is hereby created within the Division of Consumer Affairs in the Department of Law and Public Safety the Dog Training Licensing Board. The board shall consist of seven members who are residents of this State. Except for the members first appointed: two members shall be dog trainers licensed pursuant to this act and affiliated with dog training businesses in the State; one member shall be a veterinary behaviorist certified by the American College of Veterinary Behaviorists; one member shall be affiliated with an animal protection group; two members shall be public members; and one member shall be a State executive department member appointed pursuant to subsection c. of section 2 of P.L.1971, c.60 (C.45:1-2.2). Of the members first appointed, the two dog trainers shall be affiliated with dog training businesses that have operated in the State for at least one year. |
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| 68 | 68 | | |
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| 69 | 69 | | The Governor shall appoint each member, other than the State executive department member, with the advice and consent of the Senate. The Governor shall appoint each member, other than the State executive department member, for a term of four years, except that of the members first appointed, two shall serve for terms of three years, two shall serve for terms of two years, and two shall serve for a term of one year. Each member shall hold office until a successor has been qualified. Any vacancy in the membership of the board shall be filled for the unexpired term only in the manner provided for the original appointment. |
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| 73 | 73 | | 3. a. The board shall organize within 30 days of the appointment of its members and shall meet at least twice a year. The board may hold additional meetings as necessary to discharge its duties. A majority of the board membership shall constitute a quorum. |
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| 74 | 74 | | |
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| 75 | 75 | | b. Each member of the board shall be compensated on a per diem basis pursuant to subsection a. of section 2 of P.L.1977, c.285 (C.45:1-2.5), and shall be reimbursed for actual expenses reasonably incurred in the performance of the duties as a member or on behalf of the board. |
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| 76 | 76 | | |
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| 77 | 77 | | |
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| 79 | 79 | | 4. a. The board shall establish an evidence-based, humane training code of practice that aligns with current welfare principles and incorporates scientifically-endorsed methods that preclude the use of aversive training methods. |
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| 80 | 80 | | |
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| 81 | 81 | | b. In developing a code of ethics pursuant to subsection a. of this section, the board shall consult the latest findings in veterinary behavioral science to ensure permitted training methods prioritize animal welfare. |
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| 82 | 82 | | |
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| 83 | 83 | | c. A licensee shall, in good faith, adopt and practice the Hippocratic "First, do no harm" ethic in accordance with the standards established by the American Veterinary Society of Animal Behavior, the American Animal Hospital Association, and the American Veterinary Medical Association. |
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| 84 | 84 | | |
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| 85 | 85 | | d. The board shall review and, if necessary, update the code of practice every five years to reflect the latest developments in veterinary behavioral science. Upon updates to the code, a licensee shall be required to have the license renewed, contingent upon the licensee demonstrating an understanding, as in a form and manner as determined by the board and for a reasonable fee that may be incorporated as part of the licensure renewal cost, of the updated code of practice. |
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| 86 | 86 | | |
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| 88 | 88 | | |
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| 89 | 89 | | 5. The board shall: |
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| 90 | 90 | | |
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| 91 | 91 | | a. establish educational and experiential requirements for licensure as a dog trainer; |
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| 92 | 92 | | |
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| 93 | 93 | | b. keep records of its proceedings and a register of all persons to whom initial licenses have been issued and of license renewal, revocation, and suspension; |
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| 94 | 94 | | |
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| 95 | 95 | | c. adopt a seal to authenticate its records and proceedings; |
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| 96 | 96 | | |
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| 97 | 97 | | d. maintain records expenses incurred by members of the board in the performance of their duties; |
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| 98 | 98 | | |
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| 99 | 99 | | e. annually elect from among its members a chairperson and vice-chairperson, and shall appoint a secretary who need not be a member of the board; and |
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| 100 | 100 | | |
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| 101 | 101 | | f. adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as it deems necessary to administer the provisions of this act. |
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| 102 | 102 | | |
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| 103 | 103 | | |
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| 104 | 104 | | |
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| 105 | 105 | | 6. a. In addition to educational and experiential requirements to be established pursuant to subsection a. of section 5 of this act, the board shall develop an examination designed to evaluate the skills and competency of an individual as a dog trainer. |
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| 106 | 106 | | |
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| 107 | 107 | | b. The board may charge a reasonable fee to sit for the examination. The fee shall not exceed the administrative costs of administering the examination. |
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| 108 | 108 | | |
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| 109 | 109 | | c. The examination shall be administered at least twice a year at times and places determined by the board. |
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| 110 | 110 | | |
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| 111 | 111 | | d. The examination shall be periodically updated to reflect changes in the code of practice developed by the board pursuant to section 4 of this act. |
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| 112 | 112 | | |
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| 113 | 113 | | |
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| 114 | 114 | | |
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| 115 | 115 | | 7. a. To be eligible for licensure as a dog trainer, an individual shall be at least 18 years of age. |
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| 116 | 116 | | |
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| 117 | 117 | | b. An individual who demonstrates the provision of services as a dog trainer continuously in the State for at least one year prior to the effective date of this act shall be exempt from the educational and experiential requirements established pursuant to subsection a. of section 5 of this act, but shall maintain compliance with the code of practice established pursuant to section 4 of this act. |
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| 118 | 118 | | |
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| 119 | 119 | | |
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| 120 | 120 | | |
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| 121 | 121 | | 8. a. The board shall investigate all complaints relating to the proper practice of any licensee under this act and complaints relating to any violation of this act. The board may impose disciplinary measures based on a finding of a violation under a preponderance of the evidence standard. The board may, during the pendency of an investigation and disciplinary proceeding, summarily suspend the license of a dog trainer upon a preliminary finding by the board of probable cause to believe that the individual poses a substantial and imminent risk to the health or safety of the public or of animals under the care or supervision of the licensee. |
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| 122 | 122 | | |
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| 123 | 123 | | b. The board, after a hearing pursuant to regulation it shall establish, may: |
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| 124 | 124 | | |
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| 125 | 125 | | (1) revoke or suspend a license of a dog trainer; |
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| 126 | 126 | | |
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| 127 | 127 | | (2) deny or revoke eligibility for the license; |
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| 128 | 128 | | |
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| 129 | 129 | | (3) reprimand, censure or otherwise discipline an applicant seeking initial licensure or a licensee by placing conditions on an individual's continued authorization to practice. |
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| 130 | 130 | | |
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| 131 | 131 | | c. For the board to take action pursuant to subsection b. of this section, proof satisfactory to a majority of the board shall demonstrate that an applicant seeking initial licensure or a licensee: |
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| 132 | 132 | | |
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| 133 | 133 | | (1) fraudulently procured a license under this act; |
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| 134 | 134 | | |
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| 135 | 135 | | (2) committed an offense against any provision of the laws of this State relating to the authorized practice of dog trainers or any rule or regulation adopted thereunder; |
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| 136 | 136 | | |
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| 137 | 137 | | (3) engaged in gross misconduct in providing dog training services, practiced fraudulently, practiced with gross incompetence or with gross negligence on a particular occasion, or practiced with negligence on repeated occasions; |
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| 138 | 138 | | |
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| 139 | 139 | | (4) provided dog training services while the individual's ability to practice in a safe and competent manner was materially compromised in a way that posed a substantial risk to the health and safety of the public or of animals under the care or supervision of the individual; |
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| 140 | 140 | | |
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| 141 | 141 | | (5) provided dog training services while under the influence of alcohol or a drug described in this subsection and while habitually intoxicated or addicted to, dependent on, or a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effects, other than with respect to lawful use of medications in accordance with a prescription issued to the individual; |
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| 142 | 142 | | |
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| 143 | 143 | | (6) knowingly and for purposes of fraud, deception, or personal gain allowed, aided, or abetted an unlicensed and unauthorized individual to perform activities requiring a license under this act, excluding activities permissible under any provision of the laws of this State relative to the training of aspiring dog trainers; |
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| 144 | 144 | | |
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| 145 | 145 | | (7) has committed fraud or a criminal offense that reasonably calls into question the ability of the individual to practice as a dog trainer without posing substantial risk to the health or safety of the public or of animals under the care or supervision of the individual; |
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| 146 | 146 | | |
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| 147 | 147 | | (8) engaged in conduct in material violation of industry recognized standards, or standards equivalent to or more restrictive of aversive practices that have been adopted by the board pursuant to section 4 of this act; or |
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| 148 | 148 | | |
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| 149 | 149 | | (9) violated any rule or regulation of the board governing the practice of dog trainers. |
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| 150 | 150 | | |
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| 151 | 151 | | |
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| 152 | 152 | | |
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| 153 | 153 | | 9. The provisions of this act shall not apply to persons who train police dogs or who train dogs intended for use by federal or State agencies to protect the public. |
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| 154 | 154 | | |
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| 155 | 155 | | |
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| 156 | 156 | | |
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| 157 | 157 | | 10. Sections 1 through 6 and section 9 shall take effect immediately and sections 7 and 8 shall take effect on the first day of the 11th month next following enactment. |
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| 158 | 158 | | |
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| 162 | 162 | | |
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| 163 | 163 | | STATEMENT |
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| 164 | 164 | | |
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| 165 | 165 | | |
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| 166 | 166 | | |
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| 167 | 167 | | This bill provides oversight for dog trainers. Specifically, the bill establishes the Dog Training Licensing Board and provides authorization for the board to, among other items: 1) develop educational and experiential requirements for licensure as a dog trainer; and 2) adopt rules and regulations regarding dog training. |
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| 168 | 168 | | |
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| 169 | 169 | | Under the bill, the board is also to establish an evidence-based, humane training code of practice that aligns with current welfare principles and incorporates scientifically-endorsed methods that preclude the use of aversive training methods. The bill stipulates that licensees are to adopt and practice the Hippocratic "First, do no harm" ethic. |
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| 170 | 170 | | |
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| 171 | 171 | | The board is authorized to investigate all complaints relating to the proper practice of any licensee and complaints relating to any violation of the bill. The board may also impose disciplinary measures based on a finding of a violation under a preponderance of the evidence standard. |
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| 172 | 172 | | |
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| 173 | 173 | | The bill includes an exemption from the educational and experiential requirements for individuals who demonstrate the provision of services as a dog trainer continuously in the State for at least one year prior to the effective date of the bill. The bill does not apply to persons who train police dogs or who train dogs intended for use by federal or State agencies to protect the public. |
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