MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Health and Welfare

By: Senator(s) Huggins

AN ACT TO PROVIDE FOR THE CERTIFICATION OF ANIMAL EUTHANASIA TECHNICIANS BY THE MISSISSIPPI BOARD OF VETERINARY MEDICINE; TO PROVIDE THAT NO PERSON OTHER THAN A LICENSED PRACTITIONER OR CERTIFIED ANIMAL EUTHANASIA TECHNICIAN SHALL ADMINISTER SODIUM PENTOBARBITAL FOR THE DESTRUCTION OF DOMESTIC ANIMALS; TO PRESCRIBE CERTAIN REQUIREMENTS FOR THE DESTRUCTION OF DOMESTIC ANIMALS; TO PRESCRIBE QUALIFICATIONS FOR THE CERTIFICATION OF ANIMAL EUTHANASIA TECHNICIANS, FEES AND GROUNDS FOR DENIAL, REVOCATION OR SUSPENSION OF SUCH CERTIFICATION; TO PRESCRIBE THE RESPONSIBILITIES OF CERTIFIED ANIMAL EUTHANASIA TECHNICIANS AND REQUIRE SODIUM PENTOBARBITAL INVENTORIES SUBJECT TO INSPECTION BY THE STATE BOARD OF PHARMACY; TO AUTHORIZE THE MISSISSIPPI BOARD OF VETERINARY MEDICINE TO ADOPT REGULATIONS TO IMPLEMENT THIS ACT; TO AMEND SECTIONS 41-29-125 AND 41-25-133, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. It is the purpose of this act to provide the most humane death possible for unwanted and discarded animals by providing for the training and certification of euthanasia technicians.

SECTION 2. As used in this act, the following words have the meaning ascribed to them in this section unless the context clearly indicates otherwise:

(a) "Board" means the Mississippi Board of Veterinary Medicine.

(b) "Certificate of approval" means a certificate issued by the Mississippi Board of Veterinary Medicine to a certified animal euthanasia technician.

(c) "Certified animal euthanasia technician" or "CAET" means a person who is instructed in the proper methods of humanely euthanizing animals by injecting legal drugs, in proper security precautions, and in proper record keeping, among other skills.

(d) "Humane society" means a nonprofit association or corporation registered with the office of Secretary of State, whose purpose is providing shelter for unwanted and discarded animals.

(e) "Sodium pentobarbital" means a compound prepared or purchased solely as a euthanasia solution at a minimum strength of ten (10) grams per cc.

SECTION 3. (1) No municipality or county or any facility with which the municipality or county has contracted to perform animal control functions and no humane society shall cause a dog or cat to be destroyed except by lethal injection of sodium pentobarbital or other substance approved by the Mississippi Board of Veterinary Medicine.

(2) If a particular dog or cat to be destroyed poses an imminent threat to human or animal life, making use of lethal injection of sodium pentobarbital inappropriate, a reasonable and appropriate and humane alternative may be used. The alternative method may be subject to review by the Mississippi Board of Veterinary Medicine.

(3) Upon registration with the State Board of Pharmacy, a humane society or animal control agency may purchase, possess and, subject to subsection (6) of this section, administer sodium pentobarbital to euthanize injured, sick, homeless or unwanted domestic pets and other animals.

(4) The Mississippi Board of Veterinary Medicine, after consultation with the Mississippi Animal Control and Protection Association, shall adopt rules establishing requirements for registration, renewal of registration and revocation or suspension of registration under subsection (3) of this section. Those rules shall include a provision that the State Board of Pharmacy will suspend or revoke the registration of any humane society or animal control agency that allows a person who is not a certified animal euthanasia technician to administer sodium pentobarbital.

(5) Any person who is a licensed practitioner and registered to deliver or dispense controlled substances may deliver or dispense sodium pentobarbital to a humane society or animal control agency registered under subsections (3) and (4) of this section.

(6) No person other than a licensed practitioner shall administer sodium pentobarbital unless the person is a certified animal euthanasia technician, certified by the Mississippi Board of Veterinary Examiners under this act. Provided, however, that a certified veterinarian technician may perform euthanasia on domestic animals without completing the certification course required under this act.

SECTION 4. (1) In order to obtain a certificate of approval from the Mississippi Board of Veterinarian Medicine as a certified animal euthanasia technician the applicant shall comply with the following provisions:

(a) The applicant shall submit an application to the board.

(b) The applicant shall submit evidence that he has no felony record involving controlled dangerous substances.

(c) The applicant shall submit evidence that he has successfully completed a board-approved program in animal euthanasia.

The applicant shall pay to the board the fee required by the following schedule:

Annual renewal of certificate $ 25.00

Examination fee - not to exceed $100.00

Late renewal fee $ 25.00

Original fee - full certification $ 50.00

(2) A person, not otherwise exempted from the requirements of this act, performing euthanasia on domestic animals before October 1, 1997, must obtain certification by October 1, 1998. Any such person who begins performing euthanasia on domestic animals on or after October 1, 1997, must obtain certification before performing any euthanasia. Any person who holds a current euthanasia certificate from any euthanasia or humane agency training program recognized by the Mississippi Board of Veterinary Medicine shall receive certification as an animal euthanasia technician without the necessity of taking an examination.

SECTION 5. (1) The board may deny, suspend or revoke the certificate of approval held by any technician when it finds that the provisions of this act or any of the rules and regulations adopted by the board are not being complied with or upon the grounds that the certified animal euthanasia technician has:

(a) Failed to carry out his duties.

(b) Abused the use of sodium pentobarbital.

(c) Sold or given sodium pentobarbital for recreational use.

(d) Stolen sodium pentobarbital.

(e) Become a user of sodium pentobarbital.

(f) Abetted anyone in the foregoing activities.

(g) Is found to have been convicted of any act of animal cruelty.

(2) In cases of failure to pay the required fees, denial shall be automatic. Any denial, suspension or revocation shall be subject to review pursuant to the provisions of this act.

SECTION 6. Each holder of a certificate of approval shall, on or before September 30 of each and every year, pay to the board an annual renewal fee required hereunder. Holders of a certificate who fail to renew on or before that date may be assessed a late fee as established hereunder.

SECTION 7. The duties of a CAET shall include, but are not limited to:

(a) Preparing animals for euthanasia.

(b) Carefully and accurately recording dosages and drug waste.

(c) Ordering supplies and drugs.

(d) Maintaining the security of all controlled substances and drugs.

(e) Reporting to either the board or the State Department of Health any infraction of this act or rules and regulations adopted pursuant thereto or any misuse of drugs.

(f) Humanely euthanizing animals.

(g) Disposing of the bodies in a manner in accordance with law.

(h) Maintaining one's certificate in an active status.

(i) Reporting to the board any change of address.

(j) Providing to the Mississippi Board of Veterinary Medicine a reply to a request within seven (7) working days.

SECTION 8. (1) When the board finds any certified animal euthanasia technician in violation of any of the grounds set forth in this act, it may enter an order imposing one or more of the following penalties:

(a) Denial of an application.

(b) Revocation or suspension of certification.

(c) Imposition of an administrative fine not to exceed One Thousand Dollars ($1,000.00) for each count or separate offense, which shall be deposited into the State General Fund.

(d) Issuance of a reprimand.

(e) Placement of the certified euthanasia technician on probation for a period of time and subject to such condition as the board may specify.

(f) Restricting the authorized scope of practice.

(2) The board by rule shall provide for appeals of denials of applications. The board shall impose other administrative penalties only on the basis of a ruling by the board pursuant to an adjudicatory hearing.

(3) The board may, as a probationary condition or as a condition of the reinstatement of any licensee suspended or revoked hereunder, require the holder to pay all costs of the board proceedings, including investigators', stenographers', secretaries', and attorney's fees.

SECTION 9. The board may adopt, amend, repeal and establish all rules necessary for its government and all regulations necessary to carry into effect the provisions of this act.

SECTION 10. (1) A usage log shall be maintained by each CAET to account for the use of each cubic centimeter (cc) or parts thereof of sodium pentobarbital. The log shall include:

(a) The date of usage;

(b) The lot number and bottle number used;

(c) The amount (in cc's) of usage;

(d) The tag number or other identification number for the animal;

(e) The name of the person who drew the sodium pentobarbital;

(f) Any amount of drug wasted, spilled or lost; and

(g) The name of a witness to the waste, spillage or loss of sodium pentobarbital.

(2) The usage log shall be maintained on a standardized form provided by the board or its designated agent. Copies of the log so provided may be made by the shelter.

(3) Usage logs shall be made available to any official of the Drug Enforcement Administration or the State Board of Pharmacy without prior notification.

(4) An inventory of all sodium pentobarbital shall be done every three (3) months or more frequently if required by the Drug Enforcement Administration or the State Board of Pharmacy.

(5) The inventory shall indicate the amount of sodium pentobarbital ordered, the amount presently on hand, the amount used for euthanasia, the amount lost due to spillage or waste, the amount lost due to the drug's expiration, and the time of day the inventory was taken.

(6) The inventory shall be made and signed by the certified animal euthanasia technician(s) or licensed veterinarian who is the registrant of the Drug Enforcement Administration or the State Board of Pharmacy.

(7) Upon written request from either the Mississippi Board of Veterinary Medicine or the State Board of Pharmacy, the certified animal euthanasia technician shall provide a copy of the inventory records.

(8) Inventory logs shall be made available to any official of the Drug Enforcement Administration or the State Board of Pharmacy without prior notification.

SECTION 11. Section 41-29-125, Mississippi Code of 1972, is amended as follows:

41-29-125. The State Board of Pharmacy may promulgate rules and regulations relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within this state.

(a) Every person who manufactures, distributes or dispenses any controlled substance within this state, or who proposes to engage in the manufacture, distribution or dispensing of any controlled substance within this state, must obtain a registration issued by the State Board of Pharmacy, State Board of Medical Licensure, * * * State Board of Dental Examiners, or the Mississippi Board of Veterinary Medicine, as appropriate, in accordance with its rules. Such registration shall be obtained annually or biennially, as specified by the issuing board, and a reasonable fee may be charged by the issuing board for such registration.

(b) Persons registered by the State Board of Pharmacy, with the consent of the United States Drug Enforcement Administration and the State Board of Medical Licensure, * * * State Board of Dental Examiners, or the Mississippi Board of Veterinary Medicine, to manufacture, distribute, dispense or conduct research with controlled substances may possess, manufacture, distribute, dispense or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this article.

(c) The following persons need not register and may lawfully possess controlled substances under this article:

(1) An agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if he is acting in the usual course of his business or employment;

(2) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;

(3) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance as defined in Section 41-29-121.

(d) The State Board of Pharmacy may waive by rule the requirement for registration of certain manufacturers, distributors or dispensers if it finds it consistent with the public health and safety.

(e) A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes or dispenses controlled substances.

(f) The State Board of Pharmacy, Mississippi Bureau of Narcotics, the State Board of Medical Licensure, * * * the State Board of Dental Examiners and the Mississippi Board of Veterinary Medicine may inspect the establishment of a registrant or applicant for registration in accordance with the regulations of these agencies as approved by the board.

SECTION 12. Section 41-29-133, Mississippi Code of 1972, is amended as follows:

41-29-133. Persons registered to manufacture, distribute, or dispense controlled substances under this article shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal law and with any additional rules the State Board of Pharmacy, State Board of Medical Licensure, * * * State Board of Dental Examiners or the Mississippi Board of Veterinary Medicine may issue.

SECTION 13. This act shall take effect and be in force from and after July 1, 1997.