09 LC
14 0056
Senate
Bill 232
By:
Senators Henson of the 41st and Orrock of the 36th
A
BILL TO BE ENTITLED
AN ACT
To
amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia
Annotated, relating to general provisions relative to animal protection, so as
to provide for methods for euthanasia of animals; to provide for training of
certain persons authorized to euthanize animals; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating
to general provisions relative to animal protection, is amended by revising Code
Section 4-11-5.1, relating to euthanasia for dogs and cats by animal shelters or
facilities operated for the collection of stray, neglected, abandoned, or
unwanted animals, as follows:
"4-11-5.1.
(a)
The
Except as
provided in subsection (b) of this Code section,
the use of sodium pentobarbital or a
derivative of it shall be the exclusive method for euthanasia of dogs and cats
by animal shelters or other facilities which are operated for the collection and
care of stray, neglected, abandoned, or unwanted animals. A lethal solution
shall be used
in the
following order of preference
as
follows:
(1)(A)
Intravenous
injection by hypodermic needle
The preferred
method of injection of all animals shall be intravenous injection by hypodermic
needle using venipuncture of a superficial vein. The lateral saphenous vein
should be used whenever possible on dogs, and the cephalic or femoral vein
should be used whenever possible on cats. Such method shall be used on all dogs
and cats except animals too small to allow the effective performance of a
venipuncture or animals in which superficial venous pressure is insufficient for
effective venipuncture;
(2)
Intraperitoneal injection by hypodermic needle;
or
(B) If the
method described in subparagraph (A) of this paragraph cannot be used, injection
may be intraperitoneal injection by hypodermic needle, injecting not less than
three times the recommended intravenous dosage into the abdominal cavity through
the mid-abdominal region. This method may be used upon dogs and cats only in
animals too small to allow the effective performance of a venipuncture or
animals in which superficial venous pressure is insufficient for effective
venipuncture; and
(3)
Intracardial
(C) If the
method described in subparagraph (A) of this paragraph cannot be used, injection
may be intracardial injection by
hypodermic
needle;
provided, however, that intracardial injection by thoracic cavity penetration
shall only be used on anesthetized unconscious or comatose animals that are too
small to allow the effective performance of a venipuncture or in which
superficial venous pressure is insufficient for effective venipuncture;
or
(2)
By oral ingestion of powdered sodium pentobarbital in capsules mixed with food,
with the animal remaining separated from other animals until
dead.
(b)
Notwithstanding subsection (a) of this Code section:
(1)
A chamber
using commercially bottled carbon monoxide gas which was used on July 1, 1990,
for euthanasia of dogs and cats by any animal shelter or other facility may
continue to be used for such purposes by such animal shelter or facility if such
animal shelter or facility notifies the Commissioner of Agriculture, in writing,
on or before August 1, 1990, that such a chamber was in use by such animal
shelter or facility on July 1, 1990. However, a chamber which causes a change in
body oxygen by means of altering atmospheric pressure or which is connected to
an internal combustion engine and uses the engine exhaust for euthanasia
purposes shall not be permitted under any circumstances; and
(2)
Any substance which is clinically proven to be as humane as sodium pentobarbital
and which has been officially recognized as such by the American Veterinary
Medical Association
as of the
effective date of this subsection or by later rule or regulation of the
Commissioner may be used in lieu of sodium
pentobarbital to perform euthanasia
by
injection on dogs and cats, but
succinylcholine chloride, curare, curariform mixtures, or any substance which
acts as a neuromuscular blocking agent may not be used on a dog or cat in lieu
of sodium pentobarbital for euthanasia
purposes;
and
(2)
A chamber using commercially bottled carbon monoxide gas or a chamber which
causes a change in body oxygen by means of altering atmospheric pressure or
which is connected to an internal combustion engine and uses the engine exhaust
for euthanasia purposes shall not be permitted under any
condition.
(c)
In addition
to the exceptions provided for in subsection (b) of this Code section, in cases
of extraordinary circumstance where the dog or cat poses an extreme risk or
danger to the veterinarian, physician, or lay person performing euthanasia, such
person shall be allowed the use of any other substance or procedure that is
humane to perform euthanasia on such dangerous dog or cat.
(d)
A dog or cat may be tranquilized with an approved and humane substance before
euthanasia is performed.
(d)(e)
Euthanasia shall be performed by a licensed veterinarian or physician or a lay
person who is properly trained in the proper and humane use of a method of
euthanasia;
provided, however, that any such lay person shall have successfully completed a
euthanasia technician certification course approved by the American Humane
Association, American Veterinary Medical Association, or the Humane Society of
the United States as of the effective date of this subsection or approved by
later rule or regulation of the
Commissioner. Such lay person shall
perform euthanasia under supervision of a licensed veterinarian or physician.
This shall not be construed so as to require that a veterinarian or physician be
present at the time euthanasia is performed.
(e)(f)
No dog or cat may be left unattended between the time euthanasia procedures are
first begun and the time death occurs, nor may its body be disposed of until
death is confirmed by a qualified person.
(f)(g)
The supervising veterinarian or physician shall be subject to all record-keeping
requirements and inspection requirements of the State Board of Pharmacy
pertaining to sodium pentobarbital and other drugs authorized under subsection
(b) of this Code section and may limit the quantity of possession of sodium
pentobarbital and other drugs authorized to ensure compliance with the
provisions of this Code section.
(h)
This Code section shall not apply to any animal shelter or other facility
located in a county having a population of 25,000 or less according to the most
recent United States decennial
census."
SECTION
2.
This
Act shall become effective on the first day of the month following the month in
which it is approved by the Governor or becomes law without such
approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.