MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary B

By: Representative Holland

AN ACT TO CREATE SECTION 73-39-43, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI BOARD OF VETERINARY MEDICINE TO CERTIFY ANIMAL CONTROL AGENCIES TO UTILIZE CERTAIN CONTROLLED SUBSTANCES FOR THE HUMANE DESTRUCTION OF ANIMALS AND TO CERTIFY AND PRESCRIBE QUALIFICATIONS FOR CERTIFIED ANIMAL EUTHANASIA TECHNICIANS (CAET) TO PERFORM EUTHANASIA OF ANIMALS; TO CREATE SECTION 73-39-44, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE REVOCATION OF THE CERTIFICATE OF CERTIFIED ANIMAL EUTHANASIA TECHNICIANS; TO AMEND SECTION 73-39-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI BOARD OF VETERINARY MEDICINE TO ADOPT RULES IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 73-39-43, Mississippi Code of 1972:

73-39-43. (1) For purposes of this section, the following terms shall have the meaning ascribed herein, unless the context shall indicate otherwise:

(a) "Certified animal control agency" means a county or municipal animal shelter, dog pound, or animal control agency, private humane society, state, county or municipal law enforcement agency, or any combination thereof, which temporarily houses stray, unwanted or injured animals and which is certified pursuant to the provisions of this section.

(b) "Certified animal euthanasia technician (CAET)" means a person employed by a certified animal control agency who is authorized by the Mississippi Board of Veterinary Medicine for such use.

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

(2) The Mississippi Board of Veterinary Medicine, upon submission of a complete application and payment of a fee established by the board, shall issue to any animal control agency which it determines to be qualified, a certificate authorizing the agency to apply to the Federal Drug Enforcement Agency, including any successor entity, for a restricted controlled substance registration certificate for the purchase, possession and use of sodium pentobarbital or other drugs as authorized by the board for administration by a certified animal euthanasia technician to euthanize injured, sick or abandoned animals.

(3) The Mississippi Board of Veterinary Medicine, upon submission of a complete application and payment of a fee established by the board, shall issue to any person who it determines to be qualified, a certificate for such person to function as a certified animal euthanasia technician.

(4) Euthanasia of animals in a certified animal control agency may only be performed by a licensed veterinarian, including a licensed animal technician employed by and functioning under the direct supervision of a licensed veterinarian, or a certified animal euthanasia technician as provided by this section. A certified animal control agency which employs a certified animal euthanasia technician may purchase, possess and administer sodium pentobarbital or such other drug which the board may approve for the euthanasia of animals. Sodium pentobarbital and such other drugs approved by the board shall be the only drugs used for the euthanasia of animals in a certified animal control agency.

(5) The certificate as animal euthanasia technician shall only be valid for use when the holder is in the employ of a certified animal control agency in the State of Mississippi, and the agency shall have certified in writing to the board that the technician is employed by the agency.

(6) Certified animal control agencies and certified animal euthanasia technicians shall be required to renew their certificates at such intervals, upon such conditions and upon the payment of such fees as may be established by the board.

SECTION 2. Section 73-39-9, Mississippi Code of 1972, is amended as follows:

73-39-9. The board shall elect from their members a president, vice president and secretary-treasurer. The board is authorized:

(a) To adopt reasonable rules governing the practice of veterinary medicine as are necessary to enable it to carry out and make effective the purpose and intent of this chapter. Such rules shall be adopted and promulgated in accordance with the provisions of this chapter.

(b) To adopt rules of professional conduct appropriate to establish and maintain a high standard of integrity, skills and practice in the profession of veterinary medicine. In prescribing such rules of professional conduct, the board may be guided by the principles of veterinary medical ethics adopted by the American Veterinary Medical Association and the Mississippi Veterinary Medical Association.

(c) To have its rules printed which shall be distributed to all licensed veterinarians.

(d) To bring proceedings in courts for the enforcement of this chapter or any rules made pursuant thereto.

(e) To hold at least one (1) regular meeting on the third Tuesday in June each year in the City of Jackson at such time and location as fixed by the board, for the purpose of conducting examinations of applicants for license to practice veterinary medicine, the election of officers and to consider any other business that may properly come before the board. Other meetings may be held upon the call of the president and secretary of the board.

(f) To pass upon the qualifications of applicants for a license to practice veterinary medicine in this state, or for a certificate as an animal technician.

(g) To prescribe the subjects, character, manner, time and place of holding examinations and the filing of applications for examinations and to conduct the examinations.

(h) To issue temporary permits to practice to duly qualified applicants which shall be signed by the secretary.

(i) To provide for, regulate and require all persons licensed in accordance with the provisions of this chapter to renew their license annually; to require as a condition precedent to such annual renewal the payment of the annual renewal fee as provided herein; to issue annual renewal licenses to such persons and to suspend or revoke the license of such persons who fail, refuse or neglect to renew same or pay such fees.

(j) To conduct investigations and hearings upon complaints calling for discipline of a licensee or applicant for license.

(k) To take testimony on any matter under its jurisdiction and any member thereof may administer oaths.

(l) To issue summons and subpoenas, including subpoenas duces tecum, for any witness in connection with any matter within the jurisdiction of the board, which shall be signed by either the president or the secretary-treasurer of the board.

(m) To adopt such forms as it may deem necessary.

(n) To adopt rules and regulate the certification of animal control agencies and animal euthanasia technicians in accordance with Section 73-39-43.

SECTION 3. The following shall be codified as Section 73-39-44, Mississippi Code of 1972.

73-39-44. After a hearing held as set out in this chapter, the board may revoke or suspend the certificate of a certified animal euthanasia technician or certified animal control agency and place the technician or agency on probation conditioned on future good conduct and compliance with rules and regulations of the board. The suspension or revocation may be imposed for any of the following reasons:

(a) The employment of fraud, misrepresentation, or deception in obtaining a certificate.

(b) Unprofessional or unethical conduct as defined in regulations adopted by the board.

(c) Conviction of violation of any federal or state law regulating the possession, distribution, or use of any narcotic drug or any drug considered a controlled substance under state or federal law.

(d) Obtaining or procuring, or attempting to obtain or procure, by misrepresentation, fraud, deception, or subterfuge any narcotic or drug classified as a controlled substance.

(e) Being guilty of any dishonorable or unethical conduct likely to deceive, defraud, or harm the public.

(f) Refusing to permit the board or any legal representative of the board to inspect the business premises of the certified agency during regular business hours.

(g) Failure to renew certificates or pay renewal fees at the intervals prescribed by the board.

SECTION 4. This act shall take effect and be in force from and after July 1, 2000.