STATE OF NEW YORK
________________________________________________________________________
4170
2021-2022 Regular Sessions
IN ASSEMBLY
February 1, 2021
___________
Introduced by M. of A. SCHMITT -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the public health law and the agriculture and markets
law, in relation to euthanasia technicians; and to repeal certain
provisions of the education law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 13 of section 6705 of the education law is
2 REPEALED.
3 § 2. Paragraph (d) of subdivision 1 of section 3305 of the public
4 health law, as amended by chapter 635 of the laws of 1997, is amended to
5 read as follows:
6 (d) to a duly authorized agent of an incorporated society for the
7 prevention of cruelty to animals or a municipal animal control facility
8 for the limited purpose of buying, possessing, and dispensing to regis-
9 tered and certified [personnel] licensed euthanasia technicians, keta-
10 mine hydrochloride to anesthetize animals and/or sodium pentobarbital to
11 euthanize animals, including but not limited to dogs and cats. The
12 department shall, consistent with the public interest, register such
13 duly authorized agent and such agent shall file, on a quarterly basis, a
14 report of purchase, possession, and use of ketamine hydrochloride and/or
15 sodium pentobarbital, which report shall be certified by the society for
16 the prevention of cruelty to animals or municipal animal control facili-
17 ty as to its accuracy and validity. This report shall be in addition to
18 any other record keeping and reporting requirements of state and federal
19 law and regulation. The department shall adopt rules and regulations
20 providing for the registration and certification of any [individual]
21 licensed euthanasia technician who, under the direction of the duly
22 authorized and registered agent of an incorporated society for the
23 prevention of cruelty to animals, or municipal animal control facility,
24 uses ketamine hydrochloride to anesthetize animals and/or sodium pento-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06892-01-1
A. 4170 2
1 barbital to euthanize animals, including but not limited to dogs and
2 cats. The department may also adopt such other rules and regulations as
3 shall provide for the safe and efficient use of ketamine hydrochloride
4 and/or sodium pentobarbital by incorporated societies for the prevention
5 of cruelty to animals and animal control facilities. Nothing in this
6 paragraph shall be deemed to waive any other requirement imposed on
7 incorporated societies for the prevention of cruelty to animals and
8 animal control facilities by state and federal law and regulation.
9 § 3. Subdivision 3 of section 374 of the agriculture and markets law,
10 as added by chapter 479 of the laws of 2009, is amended to read as
11 follows:
12 3. a. Except as provided in subdivision four of this section, euthana-
13 sia of animals pursuant to this section shall be accomplished solely by
14 means of injection of sodium pentobarbital or sodium pentobarbital
15 solution administered by a [certified] licensed euthanasia technician, a
16 licensed veterinarian or a licensed veterinary technician. Euthanasia
17 by intracardiac injection of sodium pentobarbital or sodium pentobarbi-
18 tal solution shall be performed only upon animals that are heavily
19 sedated, anesthetized, or comatose. However, only a licensed veterinari-
20 an may perform euthanasia by intracardiac injection of sodium pentobar-
21 bital or sodium pentobarbital solution upon animals that are not heavily
22 sedated, anesthetized or comatose and only when such licensed veterina-
23 rian determines that such intracardiac injection is the most humane
24 option available. Whenever a cardiac injection of sodium pentobarbital
25 or sodium pentobarbital solution is administered by a licensed veterina-
26 rian upon an animal that is not heavily sedated, anesthetized or coma-
27 tose, such veterinarian must document, in writing, the administration of
28 such injection and the reason for its administration. Such documentation
29 shall be retained for at least three years. Under no circumstances shall
30 intracardiac injection be performed on animals that are not heavily
31 sedated, anesthetized or comatose where such animals are under the care
32 of any duly incorporated society for the prevention of cruelty to
33 animals, animal shelter, humane society or pound.
34 b. No animal shall be left unattended between the time that the eutha-
35 nasia procedure begins and the time when death is confirmed. The body of
36 a euthanized animal shall not be disposed of in any manner until death
37 is confirmed by a licensed veterinarian, a [certified] licensed euthana-
38 sia technician or a licensed veterinary technician. Violations of this
39 paragraph shall be punishable by a civil penalty of not [more] less than
40 five hundred dollars.
41 The department of health shall promulgate regulations deemed necessary
42 for implementation of the provisions of this subdivision, including
43 regulations governing [the training and] certification of [certified]
44 licensed euthanasia technicians.
45 § 4. This act shall take effect immediately.