08 LC 21
9642
House
Bill 1060
By:
Representatives Watson of the
91st,
Lindsey of the
54th,
Hembree of the
67th,
Williams of the
165th,
Stephenson of the
92nd,
and others
A
BILL TO BE ENTITLED
AN ACT
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.