A5364

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 person’s care or supervision, or that the individual has demonstrated sufficient evidence of rehabilitation commensurate with the seriousness of the person’s 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 applicant’s 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 evidentiary depositions, and perform such other acts as are reasonably necessary under this act or other laws to carry out its duties;

g. institute proceedings in courts of competent jurisdiction to enforce its orders and the provisions of this act, obtain court orders and injunctions to halt unauthorized practice, and present to the proper authorities information it believe indicates an applicant or licensee may be subject to criminal prosecution;

h. establish rules and regulations:

(1) pertaining to recognition of approved certification programs and required qualifications of applicants for licensure or other authorization to practice as dog trainers;

(2) to grant reciprocal licensure to individuals who provide dog training or serve as a dog behavior consultant who hold current certification in dog training from an approved certification program and hold a dog trainer license issued by another state; and

(3) as the board deems necessary, pursuant to the “Administrative Procedures Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to administer the provisions of this act;

i. publish and maintain on its website a list of approved certification programs, as well as a list of approved dog trainer education programs that meet minimum education requirements for approved certification programs; and

j. charge a fee for initial licensure and license renewal, reactivation or reinstatement; and provisional and temporary limited permits.

6. There shall be an executive director of the board appointed by the director who shall serve at the director’s pleasure. The salary of the executive director shall be determined by the director within the limit of available funds. The director may, within the limits of available funds, hire any assistants as are necessary to administer this act.

7. Except as otherwise allowed by the board, no individual shall practice, attempt to practice, or hold themselves out as being able to practice dog training in this State unless licensed or provisionally permitted in accordance with the provisions of this act, or is a licensed professional in a closely-allied profession who holds an advanced degree or certification deemed by the board to be equivalent to the certification in dog training issued by an approved certification program, to include board-certified veterinary behaviorists certified by a program recognized by the New Jersey State Board of Veterinary Medical Examiners and the American Veterinary Medical Association and veterinary technicians holding Veterinary Technician Specialist (Behavior) certification.

8. a. To be eligible for licensure as a dog trainer, an applicant shall fulfill the following requirements:

(1) be at least 18 years of age;

(2) be of good professional moral character, as defined in section 2 of this act; and

(3) hold current certification in dog training from an approved certification program or current certification as a certified applied animal behaviorist or associate certified applied animal behaviorist.

b. An individual may be eligible for initial licensure without certification, pursuant to paragraph (3) of subsection a. of this section, if the individual can demonstrate, as determined by the board, the following:

(1) at least one year of performing dog training services continuously prior to the effective date of this act; and

(2) compliance with policies equivalent to or more restrictive of aversive practices than industry recognized standards, which the individual shall affirm to remain in compliance with upon issuance of a license.

9. a. The board shall issue to eligible applicants provisional dog trainer permits that authorize an individual to provide dog training services in the State under the supervision of, and documented by, a dog trainer licensed pursuant to this act, for the duration of one year from the date of issuance of the provisional permit. A provisional permit may be renewed for subsequent one-year periods.

b. Prior to providing dog training services, the provisional permit holder shall disclose in writing to a customer that the provisional permit holder is not a licensed dog trainer in the State and is providing dog training services under the supervision of at least one licensed dog trainer, with the licensee identified by name. The supervision shall entail responsibility for the quality of the services provided by the permit holder.

c. To be eligible for a provisional dog trainer permit under this act, an applicant shall fulfill the following requirements:

(1) be of good professional moral character, as defined in section 2 of this act; and

(2) agree to abide by policies adopted by the board that are equivalent to or more restrictive of aversive practices than the industry recognized standards.

10. a. All licenses shall be issued for a three-year period and may be renewed upon filing of a renewal application meeting the requirements of this section.

b. Pursuant to subsection j. of section 5 of this act, all applicants shall pay a fee for initial licensure and renewal of a license. The board shall set fees such that revenue generated from the fees is not expected to exceed the operating costs incurred by the board in administering this act.

c. An initial license shall not be renewed until the licensee submits satisfactory evidence to the board that the licensee holds current certification with an approved certification program, or current certification as a certified applied animal behaviorist or an associate certified applied animal behaviorist.

d. Any individual authorized to practice dog training in this State may perform dog training services in person and by live, remote means for any dog located in this State, and except to the extent restricted or prohibited by the laws of the jurisdiction in which the dog is located, for any dog located outside of this State.

11. The board shall adopt rules and regulations to allow for:

a. temporary limited dog training services by out-of-State practitioners who hold current certification from an approved certification program, or current certification as a certified applied animal behaviorist or an associate certified applied animal behaviorist, but who do not hold a license in this State, for no more than five days per calendar year in the aggregate; and

b. out-of-State providers of dog training services who hold current certification from an approved certification program, or current certification as a certified applied animal behaviorist or an associate certified applied animal behaviorist, to apply for temporary limited permits that authorize the individual to work in this State as a dog trainer for no more than 60 days in any calendar year in the aggregate.

12. a. The board shall investigate all complaints relating to the proper practice of any licensee or holder of a provisional or temporary limited permit 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 or provisional or temporary limited permit 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 or holder of a provisional or temporary limited permit.

b. The board, after a hearing pursuant to regulation it shall establish, may:

(1) revoke or suspend a license or a provisional or temporary limited permit of a dog trainer;

(2) deny or revoke eligibility for the license or provisional or temporary limited permit;

(3) reprimand, censure or otherwise discipline an applicant seeking initial licensure or an initial provisional or temporary limited permit, a licensee, or a holder of a provisional or temporary limited permit 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 an initial provisional or temporary limited permit, a licensee, or a holder of a provisional or temporary limited permit:

(1) fraudulently procured a license or provisional or temporary limited permit 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 or provisional or temporary limited permit 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 subsection h. of section 5 of this bill;

(9) failed to adequately supervise the dog training services of a provisional permit holder who provides those services under the supervision of the licensee; or

(10) violated any rule or regulation of the board governing the practice of dog trainers.

13. a. No individual filing a complaint or reporting or providing information pursuant to this act or assisting the board at its request in any manner in discharging its duties and functions shall be liable in any cause of action arising out of the receipt of that information or assistance, provided that the individual making the complaint or reporting or providing that information or assistance does so in good faith and without malice.

b. During the pendency of the proceeding, the board shall keep confidential any complaint, report, record, or other information received or kept by the board in connection with an investigation conducted by the board pursuant to this section, except with respect to any action that the board takes affecting the right to practice of the individual. After the board has disposed of the matter under investigation by issuing an order to show cause, by dismissing a complaint, or by taking other final action, investigative records or information of the board shall not be kept confidential except to the extent that disclosures of records or other information may be restricted as otherwise provided by law or by the board’s regulations. The requirement that investigative records or information be kept confidential shall not, at any time, apply to requests from the individual under investigation or the complainant, or information the board reports to other New Jersey, out-of-State or federal agencies, boards, or institutions as the board shall determine by regulation.

14. a. Except as provided in this act, as of the effective of date of P.L. , c. (C. ) (pending before the Legislature as this bill), whoever, not being lawfully authorized to provide dog training services in this State by holding a license or provisional or temporary limited permit under this act or as otherwise permitted by rules and regulations adopted by the board, holds themselves out in this State as a dog trainer or provides or attempts to provide dog training services in this State, or whoever provides dog training services under a false or assumed name or under a name other than those by which the individual is authorized by the board to practice, or whoever impersonates another dog trainer, or whoever practices or attempts to practice any fraud in connection with the filing of an application for a dog training license or provisional or temporary limited permit, shall be subject to the jurisdiction of the board and shall be punished by a civil fine or not less than $200 nor more than $3,000.

b. Violations involving any fraudulent act or practice in relation to a consumer or the State constitute an offense under P.L.1960, c.39 (C.56:8-1 et seq.). In such matters and any matter involving animal cruelty or neglect, the board shall, in addition to any discipline it imposes, report those matters to the proper authorities for criminal prosecution under any applicable criminal statute.

c. An individual rendering dog training services in violation of this section shall recover no compensation for those services, and a court may order an individual convicted of an offense under this section to pay restitution to individuals who incurred damages as a result of the convicted individual’s offense.

15. Sections 1 through 6 and section 11 shall take effect immediately and the remainder of this act shall take effect on the first day of the 11th month next following enactment.

STATEMENT

This bill creates a “New Jersey Dog Trainer Licensure Board” in the Division of Consumer Affairs, part of the Department of Law and Public Safety, to regulate the practice of dog training. The board is to consist of nine members appointed to four-year terms. No member is to serve more than two consecutive terms.

Among the stipulations in the bill is that an individual is to be licensed or be issued a provisional or temporary limited permit to provide dog training, as defined in the bill. The issuance of a temporary limited permit is directed to out-of-State individuals. A provisional permit is intended for State residents who have not met all requirements for licensure.

Individuals eligible for licensure are to be 18 years of age, of “good professional moral character,” as defined in the bill, and hold current certification in dog training from an approved certification program or current certification as a certified applied animal behaviorist or associate certified applied animal behaviorist. The bill also provides for initial licensure of individuals without certification, if the individual demonstrates at least one year of performing dog training services continuously prior to the effective date of the bill. Additionally, compliance with policies equivalent to or more restrictive of aversive practices than industry recognized standards has to be proven and the individual has to affirm that they will remain in compliance when issued a license.

Among other items in the bill is the establishment of: (1) the responsibilities of the board, which includes the development of rules and regulations for granting licensure through reciprocity; (2) a system directing the board on its responsibilities in the event of unlicensed practice; (3) the licensure renewal as every three years; and (4) the requirements for licensure renewal.