Senate Bill 1878c1

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    Florida Senate - 1999                           CS for SB 1878

    By the Committee on Agriculture and Consumer Services; and
    Senator Jones




    303-2041A-99

  1                      A bill to be entitled

  2         An act relating to euthanasia of animals;

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

  4         requirements for euthanasia of animals;

  5         requiring anesthetizing under certain

  6         circumstances; providing for procedures

  7         required for euthanasia of animals other than

  8         dogs and cats; authorizing agents of societies

  9         or associations for the prevention of cruelty

10         to animals to humanely destroy an animal under

11         emergency situations; revising requirements for

12         euthanasia technician certification; requiring

13         the presence of at least two persons to perform

14         euthanasia except in emergency situations;

15         specifying methods for confirmation of death;

16         authorizing certified euthanasia technicians to

17         transport sodium pentobarbital for emergency

18         field euthanasia and providing requirements

19         with respect thereto; providing for

20         applicability of provisions relating to cruelty

21         to animals and the penalties attached thereto;

22         repealing s. 828.065, F.S., relating to

23         euthanasia of animals offered or obtained for

24         sale by pet shops, to conform; providing an

25         effective date.

26

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

28

29         Section 1.  Section 828.058, Florida Statutes, is

30  amended to read:

31         828.058  Euthanasia of animals dogs and cats.--

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    Florida Senate - 1999                           CS for SB 1878
    303-2041A-99




  1         (1)(a)  Commercially prepared sodium pentobarbital

  2  whose only indication is for euthanasia of animals, a sodium

  3  pentobarbital derivative, or other agent the Board of

  4  Veterinary Medicine may approve by rule shall be the only

  5  methods used for euthanasia of animals dogs and cats by public

  6  or private agencies excluding the Department of Agriculture

  7  and Consumer Services, animal shelters, or other facilities

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

  9  neglected, abandoned, or unwanted animals and for euthanasia

10  of animals offered or obtained for sale by pet shops.

11         (b)  A lethal solution shall be administered by means

12  of used in the following order of preference:

13         (a)  intravenous, injection by hypodermic needle;

14         (b)  intraperitoneal, or injection by hypodermic

15  needle;

16         (c)  intracardial injection by hypodermic needle, or

17  any combination of such methods.; or

18         (d)  However, as a last option, a lethal solution or

19  powder may be given orally added to food.

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

21  sedated, or anesthetized with an approved and humane substance

22  before euthanasia is performed. However, any animal to be

23  administered an intracardial injection must be unconscious or

24  deeply anesthetized prior to the injection, and a feral or

25  fractious dog or cat that cannot be handled humanely using an

26  acceptable level of restraint must be deeply anesthetized

27  prior to euthanasia.

28         (3)  When euthanizing any animal, procedures

29  established by the Board of Veterinary Medicine by rule for

30  such purpose must be followed.

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    Florida Senate - 1999                           CS for SB 1878
    303-2041A-99




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

  2  mixtures, any substance which acts as a neuromuscular blocking

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

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

  5         (b)  However, Whenever an emergency situation exists

  6  which requires the immediate euthanasia of an injured,

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

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

  9  society or association for the prevention of cruelty to

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

11  the animal, as provided in s. 828.05.

12         (5)(4)(a)  Euthanasia shall be performed only by a

13  licensed veterinarian or an employee or agent of a public or

14  private agency, animal shelter, or other facility that is

15  operated for the collection and care of stray, neglected,

16  abandoned, or unwanted animals., provided The employee or

17  agent must have has successfully completed a 16-hour

18  euthanasia technician certification course. The curriculum for

19  such course must be approved by the Board of Veterinary

20  Medicine, must require actual performance of euthanasia, and

21  must include, at a minimum, the pharmacology, proper

22  administration, and storage of euthanasia solutions; federal

23  and state laws regulating the storage and accountability of

24  euthanasia solutions; euthanasia technician stress management;

25  and proper disposal of euthanized animals. In order for

26  persons who attend euthanasia certification workshops to be

27  certified through the Florida Animal Control Association, the

28  person teaching the course must be licensed or certified as

29  provided in this paragraph and approved by the association's

30  board of directors. An employee or agent must obtain

31  certification before performing any euthanasia before October

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    Florida Senate - 1999                           CS for SB 1878
    303-2041A-99




  1  1, 1993, must obtain certification by October 1, 1994. An

  2  employee or agent who begins performing euthanasia on or after

  3  October 1, 1993, must obtain certification before performing

  4  any euthanasia. However, a certified veterinarian technician

  5  who is an employee or agent as defined in the subsection, may

  6  perform euthanasia without completing the certification course

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

  8  humane and proficient manner.

  9         (b)  Any person who on October 1, 1999, was a

10  euthanasia technician certified under the previous

11  requirements of paragraph (a) need not comply with this

12  section.

13         (6)  Euthanasia on an animal under this section must be

14  performed in a humane and efficient manner and must be

15  performed by at least two persons, of whom only the person

16  administering the drug must be licensed or certified in

17  accordance with the provisions of paragraph (5)(a). However,

18  in emergency situations, in order to prevent the unnecessary

19  suffering of an animal, euthanasia may be performed solely by

20  a person licensed or certified in accordance with the

21  provisions of paragraph (5)(a).

22         (7)(b)  An animal No dog or cat may not be left

23  unattended between the time euthanasia procedures are first

24  begun, including the time of induction if tranquilizers,

25  sedatives, or anesthetics are administered, and the time death

26  is confirmed; occurs, nor may its body be disposed of until

27  death is confirmed by a licensed veterinarian or a certified

28  euthanasia technician qualified person. Death must be

29  confirmed by the presence of rigor mortis or by the absence of

30  a heart beat, determined through the use of a stethoscope

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    Florida Senate - 1999                           CS for SB 1878
    303-2041A-99




  1  accompanied by the absence of corneal reflex or through

  2  cardiac puncture.

  3         (8)  A certified euthanasia technician may transport

  4  sodium pentobarbital in an authorized vehicle for the purpose

  5  of emergency field euthanasia, provided the drug is kept in a

  6  substantially constructed and securely locked box which is

  7  inside the cab or operator section of the vehicle and secured

  8  to the vehicle chassis. However, when the certified euthanasia

  9  technician is off duty, the drug must be removed from the

10  vehicle and stored in its designated place.

11         (9)  Each public or private agency, animal shelter, or

12  other facility that is operated for the collection and care of

13  stray, neglected, abandoned, or unwanted animals shall have on

14  premise, available for inspection, written protocol pertaining

15  to euthanasia. This protocol must be initially, and at least

16  once a year thereafter, reviewed and approved by a

17  veterinarian licensed to practice in this state.

18         (10)  Each public or private agency, animal shelter, or

19  other facility that is operated for the collection and care of

20  stray, neglected, abandoned, or unwanted animals is

21  responsible for ensuring that written protocol pertaining to

22  euthanasia which complies with the rules of the Board of

23  Veterinary Medicine is followed.

24         (11)(5)  The state attorney may bring an action to

25  enjoin any violation of this section act.

26         (12)(6)  Any person who violates the provisions of this

27  section commits act is guilty of a misdemeanor of the first

28  degree, punishable as provided in s. 775.082 or s. 775.083.

29  However, this section does not preclude the filing of

30  misdemeanor or felony charges for cruelty to animals under s.

31  828.12.

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    Florida Senate - 1999                           CS for SB 1878
    303-2041A-99




  1         Section 2.  Section 828.065, Florida Statutes, is

  2  repealed.

  3         Section 3.  This act shall take effect October 1, 1999.

  4

  5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  6                         Senate Bill 1878

  7

  8  Committee Substitute for Senate Bill 1878 is different from
    Senate Bill 1878 in that it:
  9
    -     Exempts the Department of Agriculture and Consumer
10        Services from the provisions of the bill.

11  -     Requires pet shops to be subject to the provisions of
          this bill.
12
    -     Repeals section 828.065, Florida Statutes, Euthanasia of
13        animals offered for sale by pet shops.

14  -     Requires procedures established by the Board of
          Veterinary Medicine rules to be followed when
15        euthanizing any animal.

16  -     Deletes the provision requiring newly hired animal
          control officers to complete an additional eight hours
17        of certification.

18  -     Requires public or private agency, animal shelter or
          other facility that collects and cares for stray,
19        neglected, abandoned or unwanted animals to have a
          written protocol that:
20
         --     Pertains to euthanasia and is available for
21              inspection;

22       --     Complies with rules of the Board of the Veterinary
                Medicine; and
23
         --     Is reviewed and approved by a licensed
24              veterinarian of this state, initially and at least
                once a year.
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