House Bill 0877

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    Florida House of Representatives - 1999                 HB 877

        By Representative Jacobs






  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         certain continuing education as a condition of

14         continued certification; requiring the presence

15         of at least two persons to perform euthanasia

16         except in emergency situations; specifying

17         methods for confirmation of death; authorizing

18         certified euthanasia technicians to transport

19         sodium pentobarbital for emergency field

20         euthanasia and providing requirements with

21         respect thereto; providing for applicability of

22         provisions relating to cruelty to animals and

23         the penalties attached thereto; repealing s.

24         828.065, F.S., relating to euthanasia of

25         animals offered or obtained for sale by pet

26         shops, to conform; providing an effective date.

27

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

29

30         Section 1.  Section 828.058, Florida Statutes, is

31  amended to read:

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    Florida House of Representatives - 1999                 HB 877

    542-168-99






  1         828.058  Euthanasia of animals dogs and cats.--

  2         (1)(a)  Commercially prepared sodium pentobarbital

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

  4  pentobarbital derivative, or other agent the Board of

  5  Veterinary Medicine may approve by rule shall be the only

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

  7  or private agencies, 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 other than a dog or

29  cat, procedures established by the Board of Veterinary

30  Medicine by rule for such purpose must be followed.

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    Florida House of Representatives - 1999                 HB 877

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  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, a certified veterinary technician, or

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

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

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

17  provided the employee or agent has successfully completed a

18  24-hour 16-hour euthanasia technician certification course and

19  maintained the necessary number of continuing education hours

20  pertaining to euthanasia. The curriculum for such course must

21  be approved by the Board of Veterinary Medicine, must require

22  actual performance of euthanasia, and must include, at a

23  minimum, the pharmacology, proper administration, and storage

24  of euthanasia solutions; federal and state laws regulating the

25  storage and accountability of euthanasia solutions; euthanasia

26  technician stress management; and proper disposal of

27  euthanized animals. In order for persons who attend euthanasia

28  certification workshops to be certified through the Florida

29  Animal Control Association, the person teaching the course

30  must be licensed or certified as provided in this paragraph

31  and approved by the association's board of directors. An

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    Florida House of Representatives - 1999                 HB 877

    542-168-99






  1  employee or agent performing euthanasia before October 1,

  2  1993, must obtain certification by October 1, 1994. An

  3  employee or agent who begins performing euthanasia on or after

  4  October 1, 1993, must obtain certification before performing

  5  any euthanasia. However, a certified veterinary veterinarian

  6  technician who is an employee or agent as defined in the

  7  subsection, may perform euthanasia without completing the

  8  certification course required by this subsection. Euthanasia

  9  must be performed in a humane and proficient manner.

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

11  euthanasia technician certified under the previous

12  requirements of paragraph (a), which required only a 16-hour

13  course, must obtain the additional 8 hours of certification

14  training, including the requirement of actual performance of

15  euthanasia, by October 1, 2001.

16         (c)  In order to maintain certification, a certified

17  euthanasia technician must obtain a minimum of 8 hours of

18  continuing education pertaining to euthanasia every 2 years,

19  as prescribed by the Board of Veterinary Medicine by rule.

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

21  performed in a humane and efficient manner and must be

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

23  administering the drug must be licensed or certified in

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

25  in emergency situations, in order to prevent the unnecessary

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

27  a person licensed or certified in accordance with the

28  provisions of paragraph (5)(a).

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

30  unattended between the time euthanasia procedures are first

31  begun, including the time of induction if tranquilizers,

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    Florida House of Representatives - 1999                 HB 877

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

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

  3  death is confirmed by a licensed veterinarian, a certified

  4  veterinary technician, or a certified euthanasia technician

  5  qualified person. Death must be confirmed by the presence of

  6  rigor mortis or by the absence of a heart beat, determined

  7  through the use of a stethoscope accompanied by the absence of

  8  corneal reflex or through cardiac puncture.

  9         (8)  A certified euthanasia technician may transport

10  sodium pentobarbital in an authorized vehicle for the purpose

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

12  substantially constructed and securely locked box which is

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

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

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

16  vehicle and stored in its designated place.

17         (9)(5)  The state attorney may bring an action to

18  enjoin any violation of this section act.

19         (10)(6)  Any person who violates the provisions of this

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

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

22  However, this section does not preclude the filing of

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

24  828.12.

25         Section 2.  Section 828.065, Florida Statutes, is

26  repealed.

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

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    Florida House of Representatives - 1999                 HB 877

    542-168-99






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  2                          HOUSE SUMMARY

  3
      Revises requirements for euthanasia of animals in
  4    shelters or like facilities and animals offered or
      obtained for sale by pet shops. Requires anesthetizing
  5    under certain circumstances. Provides for procedures
      required for euthanasia of animals other than dogs and
  6    cats. Authorizes agents of societies or associations for
      the prevention of cruelty to animals to humanely destroy
  7    an animal under emergency situations. Revises
      requirements for euthanasia technician certification and
  8    requires certain continuing education as a condition of
      continued certification. Requires the presence of at
  9    least two persons to perform euthanasia except in
      emergency situations. Specifies methods for confirmation
10    of death. Authorizes certified euthanasia technicians to
      transport sodium pentobarbital for emergency field
11    euthanasia and provides requirements with respect
      thereto. Provides for applicability of provisions
12    relating to cruelty to animals and the penalties attached
      thereto. See bill for details.
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