Senate Bill 1878

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    Florida Senate - 1999                                  SB 1878

    By Senator Jones





    40-1214-99

  1                      A bill to be entitled

  2         An act relating to euthanasia of animals;

  3         amending s. 828.058, F.S.; revising the agents

  4         and method of administering agents used to

  5         euthanize animals; limiting who may perform

  6         such procedures; specifying training and

  7         continuing education requirements for such

  8         persons; providing criteria for euthanasia

  9         procedures; providing limitations on the

10         storage and transportation of euthanasia

11         agents; amending s. 828.065, F.S.; revising

12         euthanasia guidelines for the euthanasia of

13         animals sold by pet shops; providing an

14         effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Section 828.058, Florida Statutes, is

19  amended to read:

20         828.058  Euthanasia of animals dogs and cats.--

21         (1)  Commercially prepared sodium pentobarbital, whose

22  only indication is for euthanasia of animals a sodium

23  pentobarbital derivative, or another other agent the Board of

24  Veterinary Medicine may approve by rule shall be the only

25  methods used for euthanasia of dogs and cats by public or

26  private agencies, animal shelters, or other facilities that

27  which are operated for the collection and care of stray,

28  neglected, abandoned, or unwanted animals.  A lethal solution

29  shall be administered by any of the following methods or

30  combinations of methods, by a person who is humane and

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    Florida Senate - 1999                                  SB 1878
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  1  proficient in the method used used in the following order of

  2  preference:

  3         (a)  Intravenous injection by hypodermic needle;

  4         (b)  Intraperitoneal injection by hypodermic needle;

  5         (c)  Intracardial injection by hypodermic needle; or

  6         (d)  As a last option, a solution or powder given

  7  orally added to food.

  8         (2)  Any animal A dog or cat may be tranquilized,

  9  sedated, or anesthetized with an approved and humane substance

10  before euthanasia is performed. When administering an

11  intracardial injection, an animal must first be unconscious or

12  deeply anesthetized. A feral or fractious dog or cat that

13  cannot be handled humanely using an acceptable level of

14  restraint must be deeply anesthetized before being euthanized.

15         (3)  When euthanizing an animal other than a dog or

16  cat, procedures approved in the most recent report of the AVMA

17  panel on euthanasia must be followed. The person performing

18  the euthanasia must be humane and proficient in the method

19  chosen.

20         (4)(a)(3)  Succinylcholine chloride, curare, curariform

21  mixtures, any substance which acts as a neuromuscular blocking

22  agent, or a chamber which causes a change in body oxygen may

23  not be used on a dog or cat for any purpose.

24         (b)  When However, whenever an emergency situation

25  exists which requires the immediate euthanasia of an injured,

26  diseased, or dangerous animal, a law enforcement officer, a

27  veterinarian, or an agent of a local animal control unit, or

28  any society or association for the prevention of cruelty to

29  animals or the designee of such an agent may humanely destroy

30  the animal, as provided in s. 828.05.

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    Florida Senate - 1999                                  SB 1878
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  1         (5)(4)(a)  Euthanasia shall be performed only by a

  2  licensed veterinarian, a certified veterinary technician, or

  3  an employee or agent of a public or private agency, animal

  4  shelter, or other facility that is operated for the collection

  5  and care of stray, neglected, abandoned, or unwanted animals,

  6  provided the employee or agent has successfully completed a

  7  24-hour 16-hour euthanasia technician certification course and

  8  has maintained the continuing education course requirements in

  9  euthanasia.  The curriculum for such course must be approved

10  by the Board of Veterinary Medicine and must include, at a

11  minimum, the pharmacology, proper administration, and storage

12  of euthanasia solutions; federal and state laws regulating the

13  storage and accountability of euthanasia solutions; euthanasia

14  technician stress management; and proper disposal of

15  euthanized animals, and must require actual performance of

16  euthanasia. For persons who attend euthanasia certification

17  workshops to be certified through the Florida Animal Control

18  Association, the person teaching the course must first be

19  approved by and certified through the Florida Animal Control

20  Association Board of Directors.  An employee or agent

21  performing euthanasia before October 1, 1993, must obtain

22  certification by October 1, 1994.  An employee or agent who

23  begins performing euthanasia on or after October 1, 1993, must

24  obtain certification before performing any euthanasia.

25  However, a certified veterinarian technician who is an

26  employee or agent as defined in the subsection, may perform

27  euthanasia without completing the certification course

28  required by this subsection. Euthanasia must be performed in a

29  humane and proficient manner.

30         (b)  Effective October 1, 1999, persons who are

31  certified as euthanasia technicians in accordance with

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    Florida Senate - 1999                                  SB 1878
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  1  previous statutory requirements for 16-hour certification must

  2  obtain, by October 1, 2000, an additional 8 hours of

  3  certification training that requires actual performance of

  4  euthanasia.

  5         (c)  Effective October 1, 1999, euthanasia technicians

  6  must obtain a minimum of 8 hours of continuing education

  7  pertaining to euthanasia every 2 years in order to maintain

  8  current certification status.

  9         (d)  A minimum of two persons must attend to the

10  routine euthanasia of a dog or cat. However, only the person

11  administering the drug must be certified.

12         (e)  In emergencies, in order to prevent unnecessary

13  suffering of an animal, euthanasia may be performed by one

14  person.

15         (f)(b)  No animal dog or cat may be left unattended

16  between the time euthanasia procedures are first begun,

17  beginning with the administration of any tranquilizers,

18  sedatives, or anesthetics, and the time death is confirmed

19  occurs, nor may its body be disposed of until death is

20  confirmed by a qualified person. Death must be confirmed by

21  the presence of rigor mortis; the absence of a heart beat,

22  determined through the use of a stethoscope, accompanied by

23  the absence of corneal reflex; or the absence of a heart beat

24  determined by cardiac puncture.

25         (6)  A certified euthanasia technician may transport,

26  but may not store, sodium pentobarbital in authorized vehicles

27  for the purpose of emergency field euthanasia, if the drug is

28  kept in a securely locked and substantially constructed box

29  that is secured to the vehicle chassis and is inside the cab

30  or operator section of the vehicle and if the drug is removed

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    Florida Senate - 1999                                  SB 1878
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  1  from the vehicle and stored in the designated place whenever

  2  the technician is off duty.

  3         (7)(5)  The state attorney may bring an action to

  4  enjoin any violation of this act.

  5         (8)(6)  Any person who violates the provisions of this

  6  act is guilty of a misdemeanor of the first degree, punishable

  7  as provided in s. 775.082 or s. 775.083.

  8         Section 2.  Section 828.065, Florida Statutes, is

  9  amended to read:

10         828.065  Euthanasia of animals offered for sale by pet

11  shops.--

12         (1)(a)  An A warm-blooded animal, except one held as

13  food for another animal, offered for sale, or obtained for

14  sale by a pet shop may be euthanized only by administering

15  commercially prepared sodium pentobarbital whose only

16  indication is for euthanasia of animals, or another agent the

17  Board of Veterinary Medicine approves, by rule, a sodium

18  pentobarbital derivative, or a substance or procedure which

19  acts on the central nervous system and is clinically proven to

20  be humane.

21         (b)  A lethal solution must be administered by any of

22  the following methods or combinations of methods in the

23  following order of preference:

24         1.  By intravenous injection by hypodermic needle;

25         2.  By intraperitoneal injection by hypodermic needle;

26         3.  By intracardial injection by hypodermic needle; or

27         4.  As a last option, by solution or powder given

28  orally added to food.

29         (2)  An animal may be tranquilized, sedated, or

30  anesthetized with an approved and, humane substance before

31  euthanasia is performed. An animal must be unconscious or

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    Florida Senate - 1999                                  SB 1878
    40-1214-99




  1  deeply anesthetized before being given an intracardial

  2  injection.

  3         (3) When euthanizing any animal other than a dog or

  4  cat, procedures approved in the most recent report of the AVMA

  5  panel on euthanasia must be followed. The person performing

  6  the euthanasia must be humane and proficient in the method

  7  chosen.

  8         (4)(3)  Succinylcholine chloride, curare, a curariform

  9  mixture, a substance which acts as a neuromuscular blocking

10  agent, or a chamber which causes a change in body oxygen,

11  except a chamber which uses commercially bottled carbon

12  monoxide gas, may not be used on an a warm-blooded animal.

13         (5)(4)(a)  Euthanasia must be performed by a licensed

14  veterinarian, a certified veterinary technician, or a

15  certified euthanasia technician or layperson who is humane and

16  proficient in the method used.

17         (b)  An animal may not be left unattended between the

18  time euthanasia procedures are commenced, beginning with the

19  administration of any tranquilizers, sedatives, or

20  anesthetics, and the time death is confirmed occurs, nor may

21  its body be disposed of until death is confirmed by a licensed

22  veterinarian, a certified veterinary technician, or a

23  certified euthanasia technician qualified person.

24         (6)(5)  The state attorney may bring an action to

25  enjoin a violation of this section.

26         (7)(6)  A person who violates this section is guilty of

27  a misdemeanor of the first degree, punishable as provided in

28  s. 775.082 or s. 775.083, or is guilty of felony animal

29  cruelty, in violation of s. 828.12, punishable as provided in

30  s. 775.082 or s. 775.083.

31         Section 3.  This act shall take effect July 1, 1999.

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    Florida Senate - 1999                                  SB 1878
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  2                          SENATE SUMMARY

  3    Revises provisions relating to the euthanasia of animals.
      Revises the types of agents permitted and the permitted
  4    methods of administering those agents. Limits the persons
      who may euthanize animals and specifies training and
  5    continuing education requirements for such persons.
      Provides limitations on the storage and transportation of
  6    such euthanasia agents. Also revises such provisions
      relating to the euthanasia of animals sold by pet shops.
  7    (See bill for details.)

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