GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                    1

HOUSE BILL 424

Short Title:        Certified Technicians for Animal Euthanasia.		(Public)
Sponsors:	Representatives Allred and Pierce (Primary Sponsors).
Referred to:	Agriculture, if favorable, Health, if favorable, Judiciary II.

March 5, 2009

A BILL TO BE ENTITLED

AN ACT TO AUTHORIZE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO CERTIFY PERSONS TO ORDER, POSSESS, AND ADMINISTER DRUGS FOR ANIMAL EUTHANASIA AND TO AUTHORIZE ANIMAL SHELTERS that CONTRACT WITH THESE PERSONS TO APPLY FOR REGISTRATION UNDER THE FEDERAL CONTROLLED SUBSTANCES ACT.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 5 of Chapter 90 of the General Statutes is amended by adding a new section to read:

"§ 90‑102.2.  Persons authorized to acquire, store, and dispense drugs for animal euthanasia.

(a) Definitions. – The following definitions apply in this section:

(1) Animal shelter. – An animal shelter with a valid and current certificate of registration under Article 3 of Chapter 19A of the General Statutes.

(2) Certified euthanasia technician. – A person certified as a certified euthanasia technician by the Department of Agriculture and Consumer Protection under rules adopted to implement the provisions of G.S. 19A‑24(5).

(3) Midlevel practitioner. – The same meaning as in 21 Code of Federal Regulations § 1300.01(b)(28) (December 3, 2007, edition).

(b) The Department of Health and Human Services shall adopt rules to provide for determining, based upon training and job descriptions, persons not already qualified under other law who may be authorized under the law of this State to acquire, store, and administer to cats, dogs, and other nonhuman animals those solutions containing sodium pentobarbital and other drugs that have been determined by the Department to be appropriate drugs for use in euthanasia of these animals. The rules shall include application procedures for registration under this Article to acquire, store, and dispense those drugs in this State for that limited purpose and shall authorize the Secretary of Health and Human Services to register those qualified persons as certified euthanasia technicians under this subsection.

(c) A person registered under subsection (b) of this section may lawfully store and administer solutions containing sodium pentobarbital and other drugs for use in euthanizing cats, dogs, and other animals to the extent provided by the registration in conformity with this Article and the rules adopted under G.S. 90‑100. Persons registered under subsection (b) of this section are also authorized to apply for registration by the federal Drug Enforcement Agency as a midlevel practitioner.

(d) An animal shelter in this State that has employed or contracted with a veterinarian licensed in this State or that has employed or contracted with a person certified under subsection (b) of this section to provide euthanasia services as needed for animals at the animal shelter may apply for registration as a clinic under this Article to purchase, possess, and administer sodium pentobarbital and other drugs approved for use in animal euthanasia. An animal shelter that is registered under this section may apply for registration with the federal Drug Enforcement Agency under the federal Controlled Substances Act, as administered by the Drug Enforcement Agency, as a licensee authorized to acquire, store, and dispense sodium pentobarbital and other euthanasia drugs, subject to regulations of the Drug Enforcement Agency. An animal shelter's acquisition of solutions containing sodium pentobarbital and other approved euthanasia drugs shall be made by the shelter's chief operating officer or by a licensed veterinarian."

SECTION 2.  This act is effective when it becomes law.