S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4170
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1.  Subdivision  13  of  section 6705 of the education law is
 REPEALED.
   § 2. Paragraph (d) of subdivision 1 of  section  3305  of  the  public
 health law, as amended by chapter 635 of the laws of 1997, is amended to
 read as follows:
   (d)  to  a  duly  authorized  agent of an incorporated society for the
 prevention of cruelty to animals or a municipal animal control  facility
 for  the limited purpose of buying, possessing, and dispensing to regis-
 tered and certified [personnel] LICENSED EUTHANASIA  TECHNICIANS,  keta-
 mine hydrochloride to anesthetize animals and/or sodium pentobarbital to
 euthanize  animals,  including  but  not  limited  to dogs and cats. The
 department shall, consistent with the  public  interest,  register  such
 duly authorized agent and such agent shall file, on a quarterly basis, a
 report of purchase, possession, and use of ketamine hydrochloride and/or
 sodium pentobarbital, which report shall be certified by the society for
 the prevention of cruelty to animals or municipal animal control facili-
 ty  as to its accuracy and validity. This report shall be in addition to
 any other record keeping and reporting requirements of state and federal
 law and regulation.  The department shall adopt  rules  and  regulations
 providing  for  the  registration  and certification of any [individual]
 LICENSED EUTHANASIA TECHNICIAN who, under  the  direction  of  the  duly
 authorized  and  registered  agent  of  an  incorporated society for the
 prevention of cruelty to animals, or municipal animal control  facility,
 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
 
 barbital to euthanize animals, including but not  limited  to  dogs  and
 cats.  The department may also adopt such other rules and regulations as
 shall provide for the safe and efficient use of  ketamine  hydrochloride
 and/or sodium pentobarbital by incorporated societies for the prevention
 of  cruelty  to  animals  and animal control facilities. Nothing in this
 paragraph shall be deemed to waive  any  other  requirement  imposed  on
 incorporated  societies  for  the  prevention  of cruelty to animals and
 animal control facilities by state and federal law and regulation.
   § 3. Subdivision 3 of section 374 of the agriculture and markets  law,
 as  added  by  chapter  479  of  the laws of 2009, is amended to read as
 follows:
   3. a. Except as provided in subdivision four of this section, euthana-
 sia of animals pursuant to this section shall be accomplished solely  by
 means  of  injection  of  sodium  pentobarbital  or sodium pentobarbital
 solution administered by a [certified] LICENSED euthanasia technician, a
 licensed veterinarian or a licensed veterinary technician.    Euthanasia
 by  intracardiac injection of sodium pentobarbital or sodium pentobarbi-
 tal solution shall be performed  only  upon  animals  that  are  heavily
 sedated, anesthetized, or comatose. However, only a licensed veterinari-
 an  may perform euthanasia by intracardiac injection of sodium pentobar-
 bital or sodium pentobarbital solution upon animals that are not heavily
 sedated, anesthetized or comatose and only when such licensed  veterina-
 rian  determines  that  such  intracardiac  injection is the most humane
 option available. Whenever a cardiac injection of  sodium  pentobarbital
 or sodium pentobarbital solution is administered by a licensed veterina-
 rian  upon  an animal that is not heavily sedated, anesthetized or coma-
 tose, such veterinarian must document, in writing, the administration of
 such injection and the reason for its administration. Such documentation
 shall be retained for at least three years. Under no circumstances shall
 intracardiac injection be performed on  animals  that  are  not  heavily
 sedated,  anesthetized or comatose where such animals are under the care
 of any duly incorporated  society  for  the  prevention  of  cruelty  to
 animals, animal shelter, humane society or pound.
   b. No animal shall be left unattended between the time that the eutha-
 nasia procedure begins and the time when death is confirmed. The body of
 a  euthanized  animal shall not be disposed of in any manner until death
 is confirmed by a licensed veterinarian, a [certified] LICENSED euthana-
 sia technician or a licensed veterinary technician. Violations  of  this
 paragraph shall be punishable by a civil penalty of not [more] LESS than
 five hundred dollars.
   The department of health shall promulgate regulations deemed necessary
 for  implementation  of  the  provisions  of this subdivision, including
 regulations governing [the training and]  certification  of  [certified]
 LICENSED euthanasia technicians.
   § 4. This act shall take effect immediately.