H. B. 4672
(By Delegates Overington, Perdue and Rowan)
[Introduced February 18, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §30-10A-3, §30-10A-4 and §30-10A-8 of
the Code of West Virginia, 1931, as amended, all relating to
authorizing certified animal euthanasia technicians to
administer a sedative to an animal prior to euthanizing if
warranted to humanely euthanize the animal or to protect the
animal euthanasia technician.
Be it enacted by the Legislature of West Virginia:
That §30-10A-3, §30-10A-4 and §30-10A-8 of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
ARTICLE 10A. ANIMAL EUTHANASIA TECHNICIANS.
§
30-10A-3. Certified animal euthanasia technicians program;
application for certification; and written and
practical skills examinations.
(a) The board shall sponsor a certified animal euthanasia technicians program. The board shall design this program to teach
applicants for certification recordkeeping and the legal, safety
and practical information needed to become a certified animal
euthanasia technician.
(b) (1) The board shall administer a written examination to an
applicant for certification. The written examination shall test
the applicant's knowledge of the following:
(A) Animal restraint;
(B) Drug enforcement agency regulations;
(C) Record-keeping requirements for controlled substances;
(D) Handling, inventory and secure and proper storage of
euthanasia drugs and solutions;
(E) The certification process;
(F) Legal requirements;
(G) Stress management;
(H) Sodium pentobarbital usage;
and
(I) Acepromazine usage; and
(I) (J) Other subject areas specified by the board in a
legislative rule.
(2) The applicant shall pass the written examination with a
minimum correct score as determined by the board by legislative
rule in order to be eligible to take the practical skills
examination provided
for in subsection (d) of this section.
(c) In addition to the written examination provided
for under subsection (b) of this section, the board shall administer a
practical skills examination to an applicant who has successfully
passed the written examination. The board shall conduct the
examination in a manner that tests an applicant's ability to
properly restrain an animal, measure a correct dosage of euthanasia
solution, locate an injection site and perform an injection. In
order to pass the practical skills examination, an applicant shall
exhibit to the board that he or she can locate an injection site
and perform an injection and also perform euthanasia correctly and
humanely.
(d) An applicant who successfully passes the written
examination and the practical skills examination required by this
section shall sign a form authorizing the board to make inquiries
through the United States department of justice, or any other legal
jurisdiction or entity, for the purposes of determining the
character and reputation of the applicant and other matters
relating to the certification of the applicant.
§30-10A-4. Scope of practice.
(a) A certified animal euthanasia technician may euthanize
animals assigned to the care of a legally operated humane society,
animal shelter or animal control facility within this state.
A
certified animal euthanasia technician may also sedate such animals
prior to euthanizing if warranted to humanely euthanize the animal
or to protect the animal euthanasia technician. A certified animal euthanasia technician shall practice euthanasia
and animal sedation
prior to euthanizing under the authority of a licensed veterinarian
as defined in article ten of this chapter or a county humane
officer as defined in article ten, chapter seven of this code
within the limitations imposed by this article and rules
promulgated by the board under this article.
(b) For the purposes of this article, controlled substance
permits issued by the State Board of Pharmacy and the federal drug
enforcement administration shall be issued to a municipal or county
run animal control facility, or a humane society or animal shelter
incorporated and organized under the laws of the state, with one or
more duly appointed agents. The humane society or animal shelter
shall possess a tax exempt charitable or tax exempt governmental
determination under the Internal Revenue Code of 1986, as amended.
(c) A certified animal euthanasia technician may not practice
or offer to practice his or her profession outside the direct
authority of the humane society, animal shelter or animal control
facility which employs him or her or otherwise contracts for his or
her services. A certified animal euthanasia technician is not
qualified and may not indicate that he or she is qualified to act
in any capacity relative to animals beyond his or her specified and
regulated authority to euthanize
and sedate animals at the
instruction of the humane society, animal shelter or animal control
facility by which he or she is employed and under the supervision of a humane officer or licensed veterinarian.
§30-10A-8. Drug selection.
(a) In the event that sodium pentobarbital is no longer
approved as the euthanasia "drug of choice" for animals by either
state or federal mandate, the board shall determine the replacement
"drug of choice" for sodium pentobarbital for use by certified
animal euthanasia technicians by legislative rule. The replacement
"drug of choice" shall be administered, controlled, stored and
secured by a humane society, animal shelter or animal control
facility which meets the qualifications in section one of this
article in accordance with legislative rules promulgated by the
board.
(b) The board may replace sodium pentobarbital as the "drug of
choice" at any time by legislative rule promulgated pursuant to
article three, chapter twenty-nine-a of this code. The determined
"drug of choice" for animal euthanasia as specified by the board
shall be used by animal euthanasia technicians certified under the
provisions of this article.
(c) Acepromazine is designated as the "drug of choice" for
sedation of animals prior to euthanizing. Acepromazine or any
subsequent sedation "drug of choice" shall be administered,
controlled, stored and secured by a humane society, animal shelter
or animal control facility which meets the qualifications in
section one of this article in accordance with legislative rules promulgated by the board. The board may replace acepromanzine as
the "drug of choice" at any time by legislative rule promulgated
pursuant to article three, chapter twenty-nine-a of this code. The
replacement "drug of choice" specified by the board shall be used
by animal euthanasia technicians certified under the provisions of
this article.
NOTE: The purpose of this bill is to authorize certified
animal euthanasia technicians to administer a sedative to an animal
prior to euthanizing if warranted to humanely euthanize the animal
or to protect the animal euthanasia technician.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.