H. B. 2656


(By Delegates Overington, Anderson, Fragale, Proudfoot, Border and Davis)
[Introduced March 20, 1997; referred to the
Committee on Agriculture and Natural Resources.]



A BILL to amend chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article ten-a, relating to creation of the position of certified animal euthanasia technician; the certified animal euthanasia technician program, requiring passage of written and practical examinations; areas in which applicants are tested; background checks; board to approve registration; annual renewal required; limitations of authority; responsibility; loss of certification; disciplinary authority; and board to propose rules.

Be it enacted by the Legislature of West Virginia:
That chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article ten-a, to read as follows:
ARTICLE 10A. ANIMAL EUTHANASIA TECHNICIANS.
§30-10A-1. Creating the position of certified animal euthanasia technician.
There is hereby created the position of certified animal euthanasia technician. Certified animal euthanasia technicians will perform animal euthanasia under the supervision of humane officers as provided for under article thirty, chapter seven of this code. Certified animal euthanasia technicians will be tested prior to certification and educated on proper restraint, stress management, controlled substance recordkeeping requirements, as well as state and federal laws pertaining to liability relative to handling and administration of any euthanasia solution. Upon education and passage of tests to ascertain ability and qualifications for this title, certified animal euthanasia technicians will then be authorized to obtain euthanasia under their own drug enforcement administration narcotics number. They will have authority to act as a euthanasia technician only under the instruction and legal authorization of a humane society or animal control facility for which they are employed. Certified animal euthanasia technicians shall in no way represent to any person that their title grants them authority to treat or act in the care of animals other than in the field of euthanasia under authorized instruction and employment by a verified animal control facility or humane society and under the supervision of a humane officer. Certified animal euthanasia technicians shall be tested and annually renew their certification, under proof of employment with a legitimate animal control facility or humane society through the West Virginia board of veterinary medicine. Certified animal euthanasia technicians may not continue their technician status upon leaving, irrespective of cause, their employment with a humane society or animal control facility which is on record with the board of veterinary medicine and the drug enforcement administration of the United States department of justice, and they must, within twenty-four hours of discontinuation of such employment, irrespective of cause, notify both the West Virginia board of veterinary medicine, in whatever manner prescribed by the board and the drug enforcement administration of the cessation of their employment, as well as arrange for the collection or removal from their control of any euthanasia solutions acquired or purchased under their drug enforcement administration number which are still in existence. Certified animal euthanasia technicians shall at all times maintain proper records of these controlled substances, and shall willingly submit to an audit by either the West Virginia board of veterinary medicine, the drug enforcement administration or any other legally authorized agency of government of their inventory and records.
§30-10A-2. Certified animal euthanasia technicians program.
(a) The certified animal euthanasia technicians program shall be sponsored by the West Virginia board of veterinary medicine. This course shall be designed to teach candidates recordkeeping, legal, safety and practical information needed to become a certified animal euthanasia technician. The application for certified animal euthanasia technician shall be completed and submitted to the West Virginia board of veterinary medicine at least thirty days prior to the scheduled test date. Such application shall be accompanied by the appropriate application and examination fee specified by the West Virginia board of veterinary medicine.
(b) The passage of a written examination shall be required of every applicant applying to be a certified animal euthanasia technician. The examination shall be approved of and administered by the West Virginia board of veterinary medicine. The candidate must pass the written portion of this exam with a minimum correct score of seventy percent. Additionally, a practical skills exam shall be administered. The exam shall be conducted to test an applicant's ability to properly restrain an animal, measure a correct dosage of euthanasia solution, locate an injection site and perform an injection. An applicant must exhibit knowledge of how to perform euthanasia correctly and humanely. A passing grade in the practical exam does not depend entirely upon an applicant's ability to hit a vein during the practical exam, but also on the correctness and humanity of the administration. Applicants shall also be tested in the following areas:
(1) Animal restraint;
(2) DEA regulations;
(3) Recordkeeping and inventory;
(4) Certification process;
(5) Legal concern; and
(6) Sodium pentobarbital usage.
(c) Applicants shall sign a form authorizing the West Virginia board of veterinary medicine to make inquiries through the United States department of justice, drug enforcement administration, or any other legal jurisdiction, for the purposes for determining candidates eligibility to obtain a federal narcotics acquisition number.
(d) The West Virginia board of veterinary medicine in all cases of registration or reregistration by any person who states he or she is a certified animal euthanasia technician, with the intent of acquiring a drug enforcement administration number shall request to be informed by the drug enforcement administration of the application, and the West Virginia board of veterinary medicine in all cases, is required to approve authorization for a drug enforcement administration number, prior to authorizing any person to act as a certified animal euthanasia technician.
(e) All persons tested and approved for registration as certified animal euthanasia technicians shall renew such certification annually. Certification renewal notices shall be mailed by the West Virginia board of veterinary medicine to all certified animal euthanasia technicians at their last known business address on or about the first day of December of each year, and shall be completed and returned to the board no later than the thirty-first day of December, with the appropriate fee. All renewals for certified animal euthanasia technician must be signed by the employer, as well as the certified animal euthanasia technician, and must list the physical location of the primary facility where the employee works and maintains the controlled euthanasia solution. Such renewals shall be for the calendar year next beginning the first day of January, one thousand nine hundred ninety-eight. Failure to timely renew such certification shall be cause for revocation of certified animal euthanasia technician status, and the drug enforcement administration shall be notified that the individual is no longer authorized to handle, acquire or administer euthanasia substances. The annual renewal fee shall be twenty-five dollars if received by the thirty-first of December for the next calendar year, and thirty-five dollars if received after the thirty-first of December.
(f) Certified animal euthanasia technicians may acquire through testing, maintain and renew such certification, only when employed by a properly authorized humane society or animal control facility in this state.
In the event a certified animal euthanasia technician leaves his or her employment, he or she shall notify the West Virginia board of veterinary medicine, as well as the drug enforcement administration. The certified animal euthanasia technician shall return the drug enforcement administration certificate and any unused drug enforcement administration order form 222's to the drug enforcement administration. Any controlled substance still appropriated in the name of the certified animal euthanasia technician shall be immediately transferred by way of a drug enforcement administration 222 transfer form to another certified animal euthanasia technician or veterinarian with a drug enforcement administration number, or returned to the drug enforcement administration according to their requirements for return or other disposition.
In the event a certified animal euthanasia technician transfers his or her employment from one employment facility to another, he or she shall notify the board of veterinary medicine and the drug enforcement administration, and apply for a new drug enforcement administration number for himself or herself for the new location.
Under no circumstances may a person who was a certified animal euthanasia technician be authorized to use such title or offer his or her services in such capacity without renewing his or her registration and certification to a particular humane society or animal control facility, as authorized through the West Virginia board of veterinary medicine and the United States department of justice, drug enforcement administration.
§30-10A-3. Limitations of authority responsibility; loss of certification; authority over certified animal euthanasia technicians; disciplinary authority; suspension of certified animal euthanasia technicians authority.
(a) Certified animal euthanasia technicians are authorized to euthanize animals assigned to the care of a legally operated humane society or animal control facility, within this state. Certified animal euthanasia technicians may not offer or in any way indicate their ability to practice their profession outside the direct authority of the humane society or animal control facility which employs them. Certified animal euthanasia technicians are not qualified, nor may they indicate that they are qualified, to act in any capacity relative to animals beyond their specified and regulated authority to euthanatize, at the instruction of their employer, humane society or animal control facility, and under the supervision of a humane officer.
(b) It shall be the responsibility of the certified animal euthanasia technicians to obtain for themselves, or through their respective employers, sufficient liability insurance coverage.
Any person certified as an animal euthanasia technician must abide by and protect the requirements of his or her position as mandated by the regulatory authorities of the West Virginia board of veterinary medicine and the United States drug enforcement administration.
(c) Any certified animal euthanasia technicians certification shall immediately be revoked by the West Virginia board of veterinary medicine in the event of, but not limited to, any of the following:
(1) Any adjudication of a felony;
(2) Revocation or suspension of a drug enforcement administration controlled substance permit;
(3) Leaving the employ of a animal control facility, irrespective of the cause. However, the transfer to another authorized animal care or animal control facility approved by the board of veterinary medicine and filed properly with drug enforcement administration shall be excepted from this; or
(4) Cruelty to animals.
(d) While all certified animal euthanasia technicians are employed by humane societies or animal control facilities, they shall acknowledge and accept that they may not, by law, act in any official capacity as a certified animal euthanasia technician contrary to any requirements of the West Virginia board of veterinary medicine, the drug enforcement administration or the state of West Virginia.
(e) The board of veterinary medicine shall maintain authority over the certified animal euthanasia technicians as their certification regulatory agency. The board of veterinary medicine may take disciplinary action against a certified animal euthanasia technician when justified due to misconduct. Such action may include, but not be limited to, fines, suspension or revocation of certification. Any disciplinary action by the board of veterinary medicine may not infringe upon the authority of any law-enforcement department or agency.
(f) The board of veterinary medicine has the right to suspend the authority of a certified animal euthanasia technician. Upon any such suspension it shall notify the drug enforcement administration thereof. In the event of suspension or revocation of the rights to perform the activities of a certified animal euthanasia technician, it is solely the responsibility of the animal control facility or humane society to replace the suspended or revoked technician with a qualified and authorized individual capable of performing animal euthanasia.
(g) 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 West Virginia board of veterinary medicine shall make the determination of the replacement "drug of choice" for sodium pentobarbital for use by certified animal euthanasia technicians. Said replacement "drug of choice" shall be administered and controlled by the certified animal euthanasia technician, according to its controlled substance schedule as set by the drug enforcement administration and in full compliance with the laws of West Virginia and the requirements of the West Virginia board of veterinary medicine.
(h) Certified animal euthanasia technicians are authorized to purchase, acquire, handle and administer only sodium pentobarbital through their drug enforcement administration registration. Only in the event that sodium pentobarbital is no longer approved or legally obtainable shall this restriction be altered. In such case, the determined "drug of choice" for animal euthanasia as specified by the West Virginia board of veterinary medicine shall be authorized for usage by qualified certified animal euthanasia technicians.
§30-10A-4. Board to propose legislative rules.
The board of veterinary medicine shall propose legislative rules to fulfill the purposes of this article.


NOTE: The purpose of this bill is to create the required employment position of certified animal euthanasia technicians in order to ensure humane administration of euthanasia to animals at animal shelters and other facilities. The bill provides for the board of veterinarian medicine to oversee the training, testing, certification, renewal of certification and employment of certified animal euthanasia technicians.

This article is new; therefore, strike-throughs and underscoring have been omitted.