senate Bill S6218

2013-2014 Legislative Session

Requires the informed consent of the owner of a companion animal prior to euthanizing such animal

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to agriculture

S6218 - Bill Details

See Assembly Version of this Bill:
A7589
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §353-f, Ag & Mkts L

S6218 - Bill Texts

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Enacts "Sir Henry's law" to require the informed consent of the owner of a companion animal prior to euthanizing such animal.

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BILL NUMBER:S6218

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to informed consent of owners for euthanasia of a pet

PURPOSE OR GENERAL IDEA OF THE BILL:

This bill would require Owner informed consent prior to euthanasia of
a companion animal.

SUMMARY OF PROVISIONS:

Adds a new section 353-f to the agriculture and markets law regarding
informed consent of owners for euthanasia of a pet. The new section
includes the following provisions:

1) Veterinarian administering euthanasia procedure shall explain to
companion animal owner in truthful and easy to understand manner:
a. various methods of humane euthanasia
b. benefits and risks of each method
c. negative impacts on the animal of each method; and
d. fully answer any questions the companion animal owner has with
regard to euthanasia of the owner's pet

2) Prohibits euthanasia by means of intracardiac injection unless the
animal is heavily sedated, anesthetized or comatose. However, allows
for intracardiac injection on animals that are not heavily sedated,
anesthetized or comatose only when intracardiac injection is the most
humane option available.

3) Allows owners of a companion animal that is euthanized to remain
with pet during entirety of euthanasia procedure.

4) Requires both the veterinarian and companion animal owner to sign a
form acknowledging the provisions of the law have been fully complied
with.

JUSTIFICATION:

The loss of a beloved companion animal can be a traumatic experience
for pet owners, particularly when circumstances force the pet owner to
have a veterinarian.euthanize the animal. Full knowledge of the
various humane euthanasia methods, effects of each euthanasia
procedure on a companion animal, as well as having an opportunity to
ask questions and receive answers from the veterinarian performing the
procedure can help the owner get through-the traumatic experience.

The American Veterinarian Medical Association (AVMA) provides
guidelines for the euthanasia of animals. In situations of euthanasia
for companion animals the AVMA recommends that, "Owners should be
fully informed about the process they are about to observe including
the potential for excitation during anesthesia and other possible
complications" (AVMA Guidelines for Euthanasia of Animals: 2013
Edition). However, since these are only guidelines, veterinarians are
not required by law to follow them in order to ensure companion animal
owners are fully informed about the euthanasia procedure.


LEGISLATIVE HISTORY:

New legislation

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE: This act shall take effect on the first of January
next succeeding the date on which it shall have become a law, with
provisions.

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                    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.

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