Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Assemblyman KEVIN J. ROONEY
District 40 (Bergen, Essex, Morris and Passaic)
SYNOPSIS
Creates New Jersey Dog Trainer Licensure Board.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the 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. This act shall be known and may be cited as the Dog Training Licensure Act.
2. As used in this act:
Approved certification program means an examination-based dog trainer certification that is accredited by the National Commission for Certifying Agencies and is approved by the licensure board established under section 2 of this act, and any other examination-based dog trainer certification programs approved by the board. An approved certification program shall (1) include minimum education or experience eligibility requirements, as defined by the board, (2) require its certified dog trainers to adhere to policies equivalent to or more restrictive of aversive practices than the Joint Standards of Practice, Professional Code of Ethics, and Least Intrusive, Minimally Aversive Effective Behavior Intervention Policy as developed by the Association of Professional Dog Trainers (APDT), the Certification Council for Professional Dog Trainers (CCPDT), and the International Association of Behavior Consultants (IAABC), and (3) require for maintenance of certification at least 36 continuing education meeting standards defined by the board per three-year period.
Board means the New Jersey Dog Trainer Licensure Board established under section 3 of this act.
Director means the Director of the Division of Consumer Affairs.
Dog behavior consultant means an individual who is engaged in the practice of evidence-based applied behavior analysis and behavior modification of dogs, in areas such as fear, phobias, compulsive behaviors, anxiety, or aggressive behavior, when performed for a fee, salary, or other form of financial compensation.
Dog trainer means an individual who is licensed pursuant to this act to perform dog training.
Dog training means the training or behavior modification of dogs or serving as a dog behavior consultant, when performed for a fee, salary, or other form of financial compensation, other than on an incidental basis ancillary to other services, such as dog grooming or dog walking. For purposes of this definition, dog training does not include:
(1) training of dogs by active military service members in connection with their military service roles, by active law enforcement in connection with K-9 training, or by incarcerated persons under the auspices of a program in a penal institution; or
(2) the services offered by a kennel club affiliated with or licensed or sanctioned by the American Kennel Club or the United Kennel Club if those services are offered exclusively to club members.
Good professional moral character means the individual has not abused a position of trust or engaged in fraud or in conduct that poses a substantial risk to the health or safety of the public or of animals under the persons care or supervision, or that the individual has demonstrated sufficient evidence of rehabilitation commensurate with the seriousness of the persons past misconduct, as determined by the board.
Industry recognized standards means the Joint Standards of Practice and Code of Ethics and Least Intrusive, Minimally Aversive Effective Behavior Intervention Policy as developed by the APDT, CCPDT, and IAABC, and effective as of January 1, 2019.
3. There is hereby created within the Division of Consumer Affairs in the Department of Law and Public Safety the New Jersey Dog Trainer Licensure Board. The board shall consist of nine members who are residents of this State. Except for the members first appointed: four members shall be licensed dog trainers, at least one of whom shall hold a professional certification as a dog behavior consultant; one member shall be a veterinarian licensed pursuant to P.L.1938, c.277 (C.45:16-1 et seq.) and who is either a board-certified veterinary behaviorist certified by a program recognized by the New Jersey State Board of Veterinary Medical Examiners and the American Veterinary Medical Association or has professional certification in dog training; two shall be current or former dog owners who do not work as professional dog trainers and do not receive income or financial benefit from dog training businesses; one member shall be affiliated with a nonprofit animal welfare group; 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 four members who are dog trainers shall be professional dog trainers who hold certification in dog training from an approved certification program accredited by the National Commission for Certifying Agencies.
Each member, other than the State executive department member, shall be appointed for a term of four years, except that of the members first appointed, two shall serve for a term of four years, two shall serve for a term of three years, two shall serve for a term of two years, and two shall serve for one year. Any vacancy in the membership of the board shall be filled for the unexpired term in the same manner as provided for the original appointment. No member of the board shall serve more than two successive terms, not to include any unexpired term to which the member has been appointed to fill a vacated position on the board.
4. The board shall organize within 30 days after the appointment of its members and shall annually elect from among its members a chairperson and a vice chairperson, at least one of whom shall be a dog trainer. The board shall also appoint a secretary who need not be a member of the board. The board shall hold regularly scheduled meetings twice a year and may hold additional meetings as necessary to discharge its duties. A majority of the board membership shall constitute a quorum.
5. The board shall:
a. adopt a seal to authenticate its records and proceedings;
b. review and determine the sufficiency of the qualifications of applicants for licensure under this act, and issue a license to each qualified and successful applicant, attesting to the applicants professional qualifications to practice as a dog trainer in this State;
c. keep records of its proceedings, a register of all individuals to whom licenses have been issued, and a record of all license renewals, suspensions, and revocations;
d. maintain records of expenses incurred by members of the board in the performance of their duties;
e. take disciplinary action, in accordance with P.L.1978, c.73 (C.45:1-14 et seq.), against any dog trainer who violates the provisions of this act or any regulations promulgated hereunder;
f. administer oaths, issue notices, issue subpoenas in the name of the State to any party or entity that may possess relevant information regarding the subject of any investigation, including to compel production of documents or testimony, receive testimony, conduct hearings, institute court proceedings for contempt testimony or obedience to its orders and subpoenas, take ev