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Introduced Version House Bill 4672 History

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Key: Green = existing Code. Red = new code to be enacted
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.
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