Bill Text: NY A09777 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the licensing of euthanasia technicians and repeals certain provisions of law relating thereto.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-02-11 - referred to higher education [A09777 Detail]

Download: New_York-2019-A09777-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9777

                   IN ASSEMBLY

                                    February 11, 2020
                                       ___________

        Introduced  by M. of A. SCHMITT -- read once and referred to the Commit-
          tee on Higher Education

        AN ACT to amend the public health law and the  agriculture  and  markets
          law,  in  relation  to  euthanasia  technicians; and to repeal certain
          provisions of the education law relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  13  of  section 6705 of the education law is
     2  REPEALED.
     3    § 2. Paragraph (d) of subdivision 1 of  section  3305  of  the  public
     4  health law, as amended by chapter 635 of the laws of 1997, is amended to
     5  read as follows:
     6    (d)  to  a  duly  authorized  agent of an incorporated society for the
     7  prevention of cruelty to animals or a municipal animal control  facility
     8  for  the limited purpose of buying, possessing, and dispensing to regis-
     9  tered and certified [personnel] licensed euthanasia  technicians,  keta-
    10  mine hydrochloride to anesthetize animals and/or sodium pentobarbital to
    11  euthanize  animals,  including  but  not  limited  to dogs and cats. The
    12  department shall, consistent with the  public  interest,  register  such
    13  duly authorized agent and such agent shall file, on a quarterly basis, a
    14  report of purchase, possession, and use of ketamine hydrochloride and/or
    15  sodium pentobarbital, which report shall be certified by the society for
    16  the prevention of cruelty to animals or municipal animal control facili-
    17  ty  as to its accuracy and validity. This report shall be in addition to
    18  any other record keeping and reporting requirements of state and federal
    19  law and regulation.  The department shall adopt  rules  and  regulations
    20  providing  for  the  registration  and certification of any [individual]
    21  licensed euthanasia technician who, under  the  direction  of  the  duly
    22  authorized  and  registered  agent  of  an  incorporated society for the
    23  prevention of cruelty to animals, or municipal animal control  facility,
    24  uses  ketamine hydrochloride to anesthetize animals and/or sodium pento-
    25  barbital to euthanize animals, including but not  limited  to  dogs  and
    26  cats.  The department may also adopt such other rules and regulations as
    27  shall provide for the safe and efficient use of  ketamine  hydrochloride

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14852-01-0

        A. 9777                             2

     1  and/or sodium pentobarbital by incorporated societies for the prevention
     2  of  cruelty  to  animals  and animal control facilities. Nothing in this
     3  paragraph shall be deemed to waive  any  other  requirement  imposed  on
     4  incorporated  societies  for  the  prevention  of cruelty to animals and
     5  animal control facilities by state and federal law and regulation.
     6    § 3. Subdivision 3 of section 374 of the agriculture and markets  law,
     7  as  added  by  chapter  479  of  the laws of 2009, is amended to read as
     8  follows:
     9    3. a. Except as provided in subdivision four of this section, euthana-
    10  sia of animals pursuant to this section shall be accomplished solely  by
    11  means  of  injection  of  sodium  pentobarbital  or sodium pentobarbital
    12  solution administered by a [certified] licensed euthanasia technician, a
    13  licensed veterinarian or a licensed veterinary technician.    Euthanasia
    14  by  intracardiac injection of sodium pentobarbital or sodium pentobarbi-
    15  tal solution shall be performed  only  upon  animals  that  are  heavily
    16  sedated, anesthetized, or comatose. However, only a licensed veterinari-
    17  an  may perform euthanasia by intracardiac injection of sodium pentobar-
    18  bital or sodium pentobarbital solution upon animals that are not heavily
    19  sedated, anesthetized or comatose and only when such licensed  veterina-
    20  rian  determines  that  such  intracardiac  injection is the most humane
    21  option available. Whenever a cardiac injection of  sodium  pentobarbital
    22  or sodium pentobarbital solution is administered by a licensed veterina-
    23  rian  upon  an animal that is not heavily sedated, anesthetized or coma-
    24  tose, such veterinarian must document, in writing, the administration of
    25  such injection and the reason for its administration. Such documentation
    26  shall be retained for at least three years. Under no circumstances shall
    27  intracardiac injection be performed on  animals  that  are  not  heavily
    28  sedated,  anesthetized or comatose where such animals are under the care
    29  of any duly incorporated  society  for  the  prevention  of  cruelty  to
    30  animals, animal shelter, humane society or pound.
    31    b. No animal shall be left unattended between the time that the eutha-
    32  nasia procedure begins and the time when death is confirmed. The body of
    33  a  euthanized  animal shall not be disposed of in any manner until death
    34  is confirmed by a licensed veterinarian, a [certified] licensed euthana-
    35  sia technician or a licensed veterinary technician. Violations  of  this
    36  paragraph shall be punishable by a civil penalty of not [more] less than
    37  five hundred dollars.
    38    The department of health shall promulgate regulations deemed necessary
    39  for  implementation  of  the  provisions  of this subdivision, including
    40  regulations governing [the training and]  certification  of  [certified]
    41  licensed euthanasia technicians.
    42    § 4. This act shall take effect immediately.
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