Senate Bill S1177A

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

                                 1177--A
    Cal. No. 365

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Agriculture  --  reported
  favorably  from  said  committee,  ordered to first report, amended on
  first report, ordered  to  a  second  report  and  ordered  reprinted,
  retaining its place in the order of second report

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-g to read as follows:
  S 353-G.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD04268-03-5

S. 1177--A                          2

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-
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.