MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Agriculture
By: Representative Bondurant (By Request), Reynolds
AN ACT TO PROVIDE FOR CERTIFICATION OF ANIMAL EUTHANASIA TECHNICIANS AND AUTHORIZATION TO USE CERTAIN CONTROLLED SUBSTANCES FOR HUMANE DESTRUCTION OF ANIMALS; TO AMEND SECTION 97-41-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT LAW ENFORCEMENT OFFICERS, ANIMAL CONTROL OFFICERS, VETERINARIANS AND CERTAIN OTHER AGENTS SHALL NOT BE HELD LIABLE FOR THE GOOD FAITH KILLING OF ANIMALS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) For the 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 in accordance with the provisions of this section.
(b) "Certified animal euthanasia technician (CAET)" means a person who is instructed and authorized by the board in methods of humanely euthanizing animals by injecting lethal drugs, in proper security precautions and in proper record keeping and who is employed by a certified animal control agency that is authorized by the Mississippi Board of Veterinary Medicine for such use.
(c) "Sodium pentobarbital" means a compound prepared or purchased solely as a euthanasia solution for animals.
(d) "Board" means the Mississippi Board of Veterinary Medicine.
(2) The Mississippi Board of Veterinary Medicine, upon submission of a complete application and payment 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 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 fee established by the board, shall issue to any person whom 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 be performed by a licensed veterinarian, a certified veterinary technician employed by a licensed veterinarian or animal control agency 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 which the board may approve for the euthanasia of animals. Sodium pentobarbital approved by the board shall be the only drug used for the euthanasia of animals in a certified animal control agency.
(5) 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.
(6) The regulations and curriculum for such certification shall be instituted by the Mississippi Board of Veterinary Medicine with the authority to certify, set fees, discipline and revoke the certification.
SECTION 2. Section 97-41-3, Mississippi Code of 1972, is amended as follows:
97-41-3. Any law enforcement officer, animal control officer, agent of a society for the prevention of cruelty to animals or veterinarian may kill, or cause to be killed, any animal found neglected or abandoned, if in the opinion of three (3) respectable citizens it is injured or diseased past reasonable recovery efforts, or by age has become debilitated. The law enforcement officers, animal control officers, agents or veterinarians described herein who act in good faith shall not be held liable either criminally or civilly for such action.
SECTION 3. This act shall take effect and be in force from and after July 1, 2004.