08 LC 21 9642

House Bill 1060

By: Representatives Watson of the 91^st, Lindsey of the 54^th, Hembree of the 67^th, Williams of the 165^th, Stephenson of the 92^nd, and others

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 define a certain term; to provide for methods for euthanasia of animals; to provide for training and certification of certain persons authorized to euthanize animals; to provide for the reporting of certain information; to provide for enforcement; 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 adding a new paragraph to Code Section 4-11-2, relating to definitions, to read as follows:

"(7.1) 'Public shelter agency' means any facility operated by or under contract with the state or any political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals. Such term shall include any veterinarian or veterinary clinic which operates for such purpose in addition to its customary practice."

SECTION 2.

Said article is further 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 as follows:

(1) The preferred method of injection of all animals shall be by intravenous injection by hypodermic needle using venipuncture of a superficial vein. The cephalic or lateral saphenous vein should be used wherever possible. Such method shall be used on all dogs and cats except animals too small to allow the effective performance of a venipuncture, animals in which superficial venous pressure is insufficient for effective venipuncture, and intractable or dangerous animals;

(2) If the method described in paragraph (1) of this subsection 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, animals in which superficial venous pressure is insufficient for effective venipuncture, and intractable or dangerous animals; and

(3) Intracardial injection by hypodermic needle; provided, however, that intracardial injection by thoracic cavity penetration shall only be used on unconscious or comatose animals.

(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

(1)(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 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 has successfully completed a euthanasia technician certification course in accordance with subsection (g) of this Code section. 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.

(g)(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. The Department of Agriculture shall develop and implement a euthanasia technician certification course for lay persons who perform euthanasia as provided in subsection (d) of this Code section. Such course of training shall include, without limitation, knowledge of animal anatomy, behavior, and physiology; animal restraint and handling as it pertains to euthanasia; the pharmacology, proper dosages, administration techniques of euthanasia solution, verification of death techniques, laws regulating the storage, security, and accountability of euthanasia solutions; euthanasia technician stress management; and the proper disposal of euthanized animals.

(h) A lay person performing euthanasia as provided in subsection (d) of this Code section prior to July 1, 2008, who previously passed an approved euthanasia technician certification course will be accepted as qualified under this article to perform euthanasia on nonlivestock animals. Any other lay person seeking to perform euthanasia as provided in subsection (d) of this Code section on or after July 1, 2008, must obtain certification prior to performing any such euthanasia."

SECTION 3.

Said article is further amended by adding a new Code section to read as follows:

"4-11-5.2.

(a) All public sheltering agencies shall not later than the tenth day of each month report to the Department of Agriculture and shall publish on the agency website, on the county website, or in the county organ, and shall maintain at the agency and make freely available to the public during normal operating hours, the following information, by species type, for the preceding calendar month:

(1) The total number of animals impounded;

(2) The number of animals acquired by the agency as stray animals;

(3) The number of animals acquired by the agency as surrendered animals;

(4) The number of impounded animals sterilized by the agency or by an outside veterinarian pursuant to contract or agreement with the agency;

(5) The number of animals euthanized by the agency or by an outside veterinarian pursuant to contract or agreement with the agency;

(6) The number of animals which died, were lost, or were stolen while in the direct or constructive custody of the agency;

(7) The number of animals returned to or reclaimed by their owners;

(8) The number of animals adopted;

(9) The number of animals transferred to another organization for adoption; and

(10) The number of animals transferred or sold to another organization or individual for purposes other than adoption and the name of the receiving organization.

(b) All animal shelters or other facilities or organizations which are operated for the collection and care or placement for adoption of stray, neglected, abandoned, or unwanted animals shall not later than the tenth day of January of each year report to the Department of Agriculture and shall publish on the shelter, facility, or organization website, or the county website, or in the county organ, and shall maintain and make freely available to the public during normal operating hours a summary of the information specified in subsection (a) of this Code section for the preceding calendar year."

SECTION 4.

Said article is further amended by adding a new Code section to read as follows:

"4-11-19.

Any resident of the county in which the animal shelter is located may compel a public sheltering agency to follow the mandates of this article through a lawsuit asking a court of competent jurisdiction to grant declaratory and injunctive relief, including, but not limited to, restraining orders, preliminary injunctions, injunctions, writs of mandamus and prohibition, and other appropriate remedies at law which will compel compliance with this article."

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.