Senate Bill S6218

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6218

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to informed
  consent of owners for euthanasia of a pet

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
"Sir Henry's law".
  S 2. The agriculture and markets  law  is  amended  by  adding  a  new
section 353-f to read as follows:
  S  353-F.  HUMANE  EUTHANASIA  OF  COMPANION  ANIMALS;  OWNER INFORMED
CONSENT. 1. PRIOR TO THE HUMANE EUTHANASIA OF A COMPANION  ANIMAL  WHICH
IS  NOT LOST, STRAYED, HOMELESS OR ABANDONED, THE VETERINARIAN, WHO WILL
PERFORM SUCH PROCEDURE UPON THE ANIMAL, SHALL EXPLAIN TO  THE  COMPANION
ANIMAL  OWNER, WHO GRANTS CONSENT TO HAVING THE COMPANION ANIMAL EUTHAN-
IZED, IN A TRUTHFUL AND EASY TO UNDERSTAND MANNER:
  (A) THE VARIOUS METHODS WHICH CAN BE UTILIZED  TO  HUMANELY  EUTHANIZE
THE COMPANION ANIMAL;
  (B) THE BENEFITS AND RISKS OF EACH SUCH METHOD;
  (C) THE NEGATIVE IMPACTS UPON THE ANIMAL OF EACH SUCH METHOD;
  (D)  THE ALTERNATIVE METHOD OF HUMANE EUTHANASIA TO BE UTILIZED IF THE
PREFERRED METHOD CANNOT BE HUMANELY UTILIZED, AND THE  NEGATIVE  IMPACTS
AND RISKS OF THE ALTERNATIVE METHOD; AND
  (E)  FULLY  ANSWER  ANY  QUESTIONS THE COMPANION ANIMAL OWNER HAS WITH
REGARD TO EUTHANIZING THE OWNER'S PET.
  2. NO COMPANION ANIMAL WHICH IS NOT LOST, STRAYED, HOMELESS  OR  ABAN-
DONED  SHALL BE EUTHANIZED BY MEANS OF INTRACARDIAC INJECTION UNLESS THE
ANIMAL IS HEAVILY SEDATED, ANESTHETIZED OR COMATOSE. HOWEVER, A LICENSED
VETERINARIAN MAY  PERFORM  EUTHANASIA  BY  INTRACARDIAC  INJECTION  UPON
ANIMALS THAT ARE NOT HEAVILY SEDATED, ANESTHETIZED OR COMATOSE ONLY WHEN
SUCH  LICENSED  VETERINARIAN DETERMINES THAT SUCH INTRACARDIAC INJECTION
IS THE MOST HUMANE OPTION AVAILABLE. WHENEVER  A  CARDIAC  INJECTION  IS
ADMINISTERED BY A LICENSED VETERINARIAN UPON AN ANIMAL THAT IS NOT HEAV-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD10023-03-3

S. 6218                             2

ILY SEDATED, ANESTHETIZED OR COMATOSE, SUCH VETERINARIAN SHALL DOCUMENT,
IN  WRITING, THE ADMINISTRATION OF SUCH INJECTION AND THE REASON FOR ITS
ADMINISTRATION. SUCH DOCUMENTATION SHALL BE RETAINED FOR AT LEAST  THREE
YEARS.
  3.  THE  OWNER OF A COMPANION ANIMAL THAT IS HUMANELY EUTHANIZED SHALL
BE ALLOWED TO REMAIN WITH HIS OR HER PET DURING THE  ENTIRE  PROCESS  OF
EUTHANASIA, INCLUDING WHEN DEATH IS CONFIRMED.
  4.  BOTH THE VETERINARIAN, WHO HUMANELY EUTHANIZES A COMPANION ANIMAL,
AND THE OWNER OF SUCH ANIMAL SHALL  SIGN  A  FORM,  ESTABLISHED  BY  THE
DEPARTMENT,  STATING THAT THE PROVISIONS OF THIS SECTION HAVE BEEN FULLY
COMPLIED WITH, THAT ALL HUMANE EUTHANASIA METHODS HAVE  BEEN  CONSIDERED
AND EXPLAINED, AND ALL QUESTIONS RELATING TO THE EUTHANASIA PROCESS HAVE
BEEN ANSWERED TO THE OWNER'S SATISFACTION.
  5.  THE  DEPARTMENT MAY PROMULGATE ANY RULES AND REGULATIONS NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that, effective immediately, any  actions  necessary  to  implement  the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.