"Dog Trainers' Licensing Act."

New Jersey Legislature ^ | NOVEMBER 10, 2005 | Assemblymen Rumpf and Connors

[ZULU]

ASSEMBLY, No. 4425

STATE OF NEW JERSEY

211th LEGISLATURE

INTRODUCED NOVEMBER 10, 2005

Sponsored by: Assemblyman BRIAN E. RUMPF District 9 (Atlantic, Burlington and Ocean) Assemblyman CHRISTOPHER J. CONNORS District 9 (Atlantic, Burlington and Ocean)

SYNOPSIS "Dog Trainers' Licensing Act."

CURRENT VERSION OF TEXT As introduced.

AN ACT licensing dog trainers, amending P.L.1971, c.60, P.L.1974, c.46 and P.L.1978, c.73, and supplementing Title 45 of the Revised Statutes.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. (New section) This act shall be known and may be cited as the "Dog Trainers' Licensing Act."

2. (New section) As used in this act: "Board" means the Dog Trainers' Licensing Board established under section 3 of this act. "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. "Dog training" means the handling or training of dogs for which a fee is charged. "Licensed dog trainer" means a person engaged in the practice of dog training who is licensed pursuant to the provisions of this act.

3. (New section) There is created within the Division of Consumer Affairs in the Department of Law and Public Safety the Dog Trainers' Licensing Board. The board shall consist of nine members who are residents of this State and who, except for the member from the department in the Executive Branch of State Government, shall be appointed by the Governor. In addition to the two public members appointed to represent the interests of the public pursuant to the provisions of subsection b. of section 2 of P.L.1971, c.60 (C.45:1-2.2), one member shall be from a department in the Executive Branch of State Government who shall serve without compensation at the pleasure of the Governor; four members shall be, except for the members first appointed, licensed dog trainers under the provisions of this act; one member shall be a veterinarian licensed in this State; and one member shall be affiliated with an animal protection group. The Governor shall appoint each member, other than the State executive department member, for terms 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 terms of one year. Any vacancy in the membership of the board shall be filled for the unexpired term in the manner provided for the original appointment. No member of the board may serve more than two successive terms in addition to any unexpired term to which he has been appointed. The Governor may remove any member of the board, other than the State executive department member, for cause.

4. (New section) The board shall organize within 30 days after the appointment of its members and shall 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. The board shall meet 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. (New section) The board shall: a. Adopt a seal to authenticate its records and proceedings; b. Prescribe rules pertaining to types and methods of examination of applicants for licensure; c. Examine and pass on the qualifications of applicants for licensure under this act, and issue a license to each qualified and successful applicant, attesting to his professional qualification to practice as a licensed dog trainer; d. Keep records of its proceedings and a register of all persons to whom licenses have been granted, and a record of all license renewals, suspensions and revocations; e. Maintain records of expenses incurred by members of the board in the performance of their duties; f. Take disciplinary action, in accordance with P.L.1978, c.73 (C.45:1-14 et seq.), against any licensed dog trainer who violates the provisions of this act or any regulation promulgated hereunder; g. 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; and h. Pursuant to P.L.1974, c.46 (C.45:1-3.1 et seq.), prescribe or change the charges for examination, licensure, renewal and other services performed.

6. (New section) 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. (New section) No person shall practice, attempt to practice, or hold himself out as being able to practice dog training unless that person is licensed in accordance with the provisions of this act.

8. (New section) To be eligible to be licensed as a dog trainer, an applicant shall fulfill the following requirements: a. Be at least 18 years of age; b. Be of good moral character; c. Have successfully completed an approved general education course of study through the 12th grade, or the equivalent thereof as determined by the board; and d. Pass an examination administered or approved by the board to determine the applicant's competence to practice dog training.

9. (New section) Each applicant for a license as a dog trainer shall be examined by the board. The examination shall be held at least twice a year at the times and places to be determined by the board; except that a person 18 years of age or older, of good moral character who submits proof no later than 180 days after the date procedures are established by the board for applying for licensure under this section, which proof is satisfactory to the board, that the person has engaged in the practice of dog training in this State for at least one year prior to the effective date of this act, and who has not committed any act which would be grounds for disciplinary action under P.L.1978, c.73 (C.45:1-14 et seq.), shall be issued a license without examination.

10. (New section) a. All licenses shall be issued for a two-year period and shall be renewed upon filing a renewal application. b. All applicants shall pay a fee for licensure or renewal for licensure under this act. Fees shall be determined by the board and established by regulation. The revenue generated from these fees shall not exceed the operating costs incurred by the board in administering this act.

11. Section 1 of P.L.1971, c.60 (C.45:1-2.1) is amended to read as follows: 1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the New Jersey Real Estate Commission, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, the State Board of Public Movers and Warehousemen [and], the State Board of Physical Therapy Examiners and the Dog Trainers' Licensing Board. (cf: P.L.2003, c.18, s.18)

12. Section 1 of P.L.1974, c.46 (C.45:1-3.1) is amended to read as follows: 1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the New Jersey Cemetery Board, the State Board of Social Work Examiners [and], the State Board of Physical Therapy Examiners and the Dog Trainers' Licensing Board. (cf: P.L.2003, c.261, s.39)

13. Section 2 of P.L.1978, c.73 (C.45:1-15) is amended to read as follows: 2. The provisions of this act shall apply to the following boards and all professions or occupations regulated by, through or with the advice of those boards: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, the State Board of Physical Therapy Examiners, the Professional Counselor Examiners Committee, the New Jersey Cemetery Board, the Orthotics and Prosthetics Board of Examiners, the Occupational Therapy Advisory Council, the Electrologists Advisory Committee, the Alcohol and Drug Counselor Committee, the Fire Alarm, Burglar Alarm, and Locksmith Advisory Committee, the Home Inspection Advisory Committee, the Massage, Bodywork and Somatic Therapy Examining Committee, [and], the Audiology and Speech-Language Pathology Advisory Committee and the Dog Trainers' Licensing Board. (cf: P.L.2003, c.18, s.20)

14. This act shall take effect immediately but shall not be operative until the 180th day after enactment.

STATEMENT

This bill provides for the regulation and licensing of dog trainers. The bill establishes the Dog Trainers' Licensing Board in the Division of Consumer Affairs in the Department of Law and Public Safety, which shall consist of nine members. Two members shall be public members; four members shall be licensed dog trainers, except for the members first appointed; one member shall be a veterinarian licensed in this State; one member shall be affiliated with an animal protection group; and one member shall be a State executive department member. The bill permits the board to establish fees for those licensed under this bill and incorporates the terms of the law on fees of professional boards, P.L.1974, c.46 (C.45:1-3.1 et seq.), and the uniform enforcement and procedure act, P.L.1978, c.73 (C.45:1-14 et seq.), for enforcement of standards and punishment of violations. To be eligible to be licensed as a dog trainer, an applicant shall: be at least 18 years of age; be of good moral character; have successfully completed an approved general education course of study through the 12th grade, or the equivalent therof as determined by the board; and pass an examination administered or approved by the board to determine the applicant's competence to practice dog training. However, a person 18 years of age or older, of good moral character who submits proof no later than 180 days after the date procedures are established by the board for applying for licensure, and who has engaged in the practice of dog training in this State for at least one year prior to the effective date of this act, and who has not committed any act which would be a ground for disciplinary action under P.L.1978, c.73 (C.45:1-14 et seq.), shall be issued a license without examination.

[HairOfTheDog]

I love Golden Retrievers, and as far as clickers go... it's not really the device... it's the type.., and you know who they are. :~D

They're fine for prepping people with pretty good dogs to go show in obedience. But that's about where their experience ends. When I was trying to solve a rather embarrassing fault in my Labrador (he'd get up and mount the dog next to him in the sits and downs at dog shows), I trained under every single dog trainer in town for practice in different groups, and all of them were just aghast at both my uncouth strong-willed dog, and all the rather severe methods I tried to fix him :~D

Finally I ended up with a Schutzhund trainer who is a Dog-God. And I was able to end up with both a dog I could get titled, and a dog I could actually take places and do fun things with! :~D

[Lazamataz]

"Dog Trainers' Licensing Act."

New Jersey is Hell itself.

[Tallguy]

I think that part of the 'game' here will be to force the newly licensed dog trainers to report dogs with "aggression issues". Even if the State doesn't specifically require reporting, the insurer will -- and there's always an insurance company lurking in the background when professional licensing is involved.

Of course, this will all be counter-productive as owners with certain breeds, or dogs that might have aggression problems, will simply not seek to have their dogs train with professionals.

[brytlea]

Oh, I had a sit/down problem with my second obedience dog (golden). I finally ended it with lemon juice. Probably not a solution AR folk would like, but it worked. She went on to get 2 CDX legs before I had to stop showing her for an unrelated reason.
susie

[AnAmericanMother]

You're absolutely right.

And what on earth will they do with the electronic collars that retriever trainers use to "reach out and touch" Bullet when he's two fields away and not listening to the whistle?

It's a "controversial training tool," even more so than a prong collar -- but judiciously and carefully used, it works. I went to a seminar with a high-up retriever trial guru (and N.J. would no doubt touch this fellow up for the license) and he used my dog as a guinea pig to show how to train the "here" command. He never took the collar above high "2" (3 levels on each number, goes up to 15), but she was zooming to heel like she'd been shot out of gun in 10 minutes.

If you have a hard-headed Lab like mine that you're trying to train for retrieving work, you pretty much have to have the Ecollar. (In the days before Ecollars, trainers used pellet guns or slingshots with BBs . . . wonder what PETA would think of THAT!)

[AnAmericanMother]

LOL (I shouldn't laugh, but I can just see Logan doing that, and your turning exasperated eyes to Heaven.)

Good thing you found a Dog-God. Fortunately, I don't really need one, as my girl is a little hard-headed but actually very anxious to please. She just thinks she knows better how to find that bird than some silly human 100 yards away, and please don't disturb her with whistles and hand signals while she's hunting, thank you very much!

[kAcknor]

The New Jersey Legislative Journal is a load of laughs

New Jersey. The only state in the union where you risk government subpoena for saying "Bad Dog".

[doc30]

If you have a hard-headed Lab like mine that you're trying to train for retrieving work, you pretty much have to have the Ecollar. (In the days before Ecollars, trainers used pellet guns or slingshots with BBs . . . wonder what PETA would think of THAT!)

I remember, when I was a kid, my dad used the pellet gun technique on clients who had dogs with *extreme* recall problems - maybe 1 case every year or two. It did work wonders, but PETA would certainly condemn that technique today.

[HairOfTheDog]

Logan was excellent in the moving exercises, but he was so intent on mounting the dog next to him at dog shows (which is extra unpopular because it disqualified all the dogs that reacted to it) that I was willing to try anything. It was always a problem that only showed up with new groups of dogs.... he'd become accustomed to the dogs in his class, so practicing with the same dogs every week didn't fix it. Dog show... new group of dogs, and the inability to correct him there, and we had a problem.

So I started sitting in and auditing all the other dog classes in town to expose him to new random groups of dogs. I'd make him do sits and downs around those dogs even if that wasn't what the class was doing. The thing about him is, he was willing to take whatever punishment I could dole out. He'd mount some innocent Golden (male or female, it wasn't sexual, it was dominance) and he'd cringe to see me coming from across the room, but he'd be even more determined to do it before I got there. There he was, humpin' away, cringing knowing I was gonna hit him and do it anyway. Man he was stubborn! And willing to take a beating for what he wanted.

I purchased a shock collar that would reach him at distance and that fixed it. He respected that. It fixed our whole problem and was a lot less abusive than a very angry HairOfTheDog was when she got ahold of him. The wussy clicker ladies didn't like it, but they let me train there and do my thing once they understood the magnitude of the problem :~D.

He completed CD and CDX, but it had taken me so long to finish his CDX that by the time we could have gone on from that, he was 8 years old and was beginning to injure himself over the high jumps. They are so high, and most shows being on concrete, I had to quit.

BTW, since old Logan is dead and gone and I'll never show again, probably, I'll admit now that to complete his CDX, I cheated. At dog shows, he wore a special leather collar with a nice brass name plate on it, where I left the attaching rivets on it too long so they protruded down to mimick the prongs on his shock collar. And since he was smart enough to know I was leaving the room, I had a friend of mine do all the enforcement of sits and downs for me, and I had her stand right outside the ring and glower at him during the sits and downs.

Like I said... He was so great in the moving exercises, super animated, super responsive, and a joy to work with... he just couldn't work near other dogs.

[HairOfTheDog]

LOL - I think you've heard the Logan story before... but it's all out there above ^

[Joe 6-pack]

GK Chesterton, one of my philosophical/intellectual idols, once opined that fines and taxes were essentially the same thing in that they were both payments rendered for having done something. The fundamental difference, as far as Chesterton could tell, is that, "fines are usually less."

I see "licensing," as a third leg of this concept with the added absurdity that you must first demonstrate that you can do something before you get to pay a fee in order to do it legally.

[brytlea]

She just thinks she knows better how to find that bird than some silly human 100 yards away, and please don't disturb her with whistles and hand signals while she's hunting, thank you very much!

Sounds SO much like Claret. No matter what venue we were in, she was sure I was an idiot and she was a genius. Sadly, she was usually right! lol

susie

[HairOfTheDog]

The fundamental difference, as far as Chesterton could tell, is that, "fines are usually less."

LOL :~D

[AnAmericanMother]

Oh, my dog is MUCH smarter than I am!

She is my very first dog ever, although I do have the advantage of having trained horses for many years. Despite being handicapped by her ultra-novice handler, she has a retrieving title (SHR in UKC) and three agility titles (AD in USDAA and OA and NAJ in AKC - one leg left to go on Jumpers. As a sign of my idiocy, I moved her up before she had three qualifying scores, so she's behind in Jumpers due to my own grievous fault . . . .)

She was MUCH too wild to do obedience to begin with, but now that she is 4 and has settled down a bit, we'll probably head back to the obedience ring and see if we can put a title on her, just for fun.

[Darnright]

>Honestly, if written by dog people, I'd love to weed out the stupid clicker-trainer people who are experienced training shelties and golden retrievers for AKC obedience and so put up a shingle calling themselves a dog trainer.

They don't have a clue how to handle a dog who actually needs trained, or has a difficult behavior problem... I've seen it.<

But, but, you might harm Pookie's self esteem, if you actually compel him to position his furry butt on the floor! How COULD you??? I must retire to the couch, I feel faint, at the thought (Hee Hee).

[pcottraux]

If I lived in NJ, would I still be allowed to teach my own dog to sit, stay, roll over, etc.?

[xusafflyer]

"Cat trainers, however, remain unlicensed."

All you need is a size 13 shoe to train a stupid cat.

[TASMANIANRED]

Theft pure and simple.

There is a world of difference between training a hunting dog, a personal assistance dog, a seeing eye dog or a family pet.

You don't need to be a genius to be good with dogs and most dogs that are family dogs would be better off trained by their owners.

[TASMANIANRED]

They give you prison time for teaching to shake.

[pcottraux]

"They give you prison time for teaching to shake."

Child molesters and sex offenders have nothing to worry about, though, I'll bet.