2011-2012 Bill 3114: Euthanasia - South Carolina Legislature Online

1 South Carolina General Assembly 2 119th Session, 2011-2012 3 4 H. 3114 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Huggins, Bingham, Long and Knight 10 Document Path: l:\council\bills\swb\5027cm11.docx 11 12 Introduced in the House on January 11, 2011 13 Currently residing in the House Committee on Agriculture, Natural Resources and Environmental 14 Affairs 15 16 Summary: Euthanasia 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 12/7/2010 House Prefiled 23 12/7/2010 House Referred to Committee on Agriculture, Natural Resources and Environmental 24 Affairs 25 1/11/2011 House Introduced and read first time ( House Journalpage 50) 26 1/11/2011 House Referred to Committee on Agriculture, Natural Resources and Environmental 27 Affairs ( House Journalpage 50) 28 1/19/2012 House Member(s) request name added as sponsor: Long 29 3/7/2012 House Member(s) request name added as sponsor: Knight 30 31 32 VERSIONS OF THIS BILL 33 34 12/7/2010 35 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 473420, AS AMENDED, CODE OF 12 LAWS OF SOUTH CAROLINA, 1976, RELATING TO 13 METHODS OF EUTHANASIA THAT MAY BE USED TO 14 KILL ANIMALS IMPOUNDED OR QUARANTINED IN 15 ANIMAL SHELTERS, SO AS TO PROVIDE THAT THE USE 16 OF BARBITURIC ACID DERIVATIVES, AND CARBON 17 MONOXIDE GAS ARE NOT ALLOWABLE METHODS OF 18 EUTHANASIA AND TO PROVIDE THAT THE USE OF 19 SODIUM PENTOBARBITAL AND OTHER SUBSTANCES OR 20 PROCEDURES THAT ARE HUMANE MAY BE USED TO 21 PERFORM EUTHANASIA. 22 23 Be it enacted by the General Assembly of the State of South 24 Carolina: 25 26 SECTION 1. Section 473420 of the 1976 Code, as last amended 27 by Act 293 of 2000, is further amended to read: 28 29 “Section 473420. (A) Only the following methods of 30 euthanasia may be used to kill animals impounded or quarantined 31 in animal shelters, and the procedure applicable to the method 32 selected must be strictly followed: 33 (1) Barbituric acid derivatives Sodium pentobarbital or a 34 derivative of it: 35 (a) intravenous or intracardial injection by hypodermic 36 needle of a lethal solution; 37 (b) intraperitoneal injection by hypodermic needle of 38 lethal solution when location of an injection into the vein is 39 difficult or impossible; 40 (c) oral ingestion of powdered barbituric acid derivatives 41 in capsules mixed with food or by manual administration of a

[3114] 2 1 solution intracardial injection by hypodermic needle if the dog or 2 cat is unconscious; 3 (d) intravenous injection of these solutions must be 4 specifically injected according to the directions of the 5 manufacturers for intravenous injections; 6 (e) intracardial injection of these solutions must only be 7 administered if the animal has been tranquilized with an approved, 8 humane substance and the animal, at the time of the intracardial 9 injection, is anesthetized or comatose an animal may be 10 tranquilized with an approved and humane substance before 11 euthanasia is performed; 12 (f) the solutions may not be administered via 13 intraperitoneal, intrathoracic, intrapulmonary, subcutaneous, 14 intramuscular, intrarenal, intrasplenic, or intrathecal routes or in 15 any other nonvascular injection route except as provided above; 16 (g) administration of injections must be done only by a 17 licensed veterinarian or by a euthanasia technician or Department 18 of Natural Resources employee, trained and certified for this 19 purpose in a euthanasia training class taught by a licensed South 20 Carolina veterinarian, which must include training in tranquilizing 21 animals. A person certified pursuant to this subitem must continue 22 to maintain his proficiency by successfully completing a training 23 course taught by a licensed South Carolina veterinarian every five 24 years; 25 (h) all injections must be administered using an 26 undamaged hypodermic needle of a size suitable for the size and 27 species of animal; 28 (i) an animal shelter, governmental animal control 29 agency, or the Department of Natural Resources (department) may 30 obtain a barbituric acid pentobarbital or a derivative or 31 tranquilizing agent by direct licensing. The animal shelter, 32 governmental animal control agency, or department must apply for 33 a Controlled Substance Registration Certificate from the federal 34 Drug Enforcement Administration (DEA) and a State Controlled 35 Substances Registration from the Department of Health and 36 Environmental Control (DHEC). If an animal shelter, 37 governmental animal control agency, or the department is issued a 38 certificate by the DEA and a registration by DHEC pursuant to this 39 subitem, the animal shelter, governmental animal control agency 40 director or his designee, and the department’s applicant are 41 responsible, for maintaining their respective records regarding the 42 inventory, storage, and administration of controlled substances. 43 An animal shelter, governmental animal control agency and its

[3114] 3 1 certified euthanasia technician, and the department and its certified 2 employees are subject to inspection and audit by DHEC and the 3 DEA regarding the recordkeeping, inventory, storage, and 4 administration of controlled substances used under authority of this 5 article. 6 (2) Carbon monoxide gas: 7 (a) dogs and cats, except animals under sixteen weeks of age, may 8 be killed by bottled carbon monoxide gas administered in a tightly 9 enclosed chamber. The chamber must be equipped with: 10 (i) internal lighting and a window providing direct visual 11 surveillance of the collapse and death of any animal within the 12 chamber; 13 (ii) the gas concentration process must be adequate to achieve a 14 carbon monoxide gas concentration throughout the chamber of at 15 least six percent within five minutes after any animal is placed in 16 the chamber. The chamber must have a functioning gas 17 concentration gauge attached to the chamber and a strong airtight 18 seal must be maintained around the door; 19 (iii) the unit shall include an exhaust fan connected by a gastight 20 duct to the outdoors capable of completely evacuating the gas from 21 the chamber before it is opened after each use, except that this 22 provision does not apply to chambers located outofdoors; 23 (iv) animals must be left in the chamber for a period of no less than 24 fifteen minutes from the time the gas concentration throughout the 25 chamber reaches six percent. 26 (b) no person may euthanize an animal by gas emitted from any 27 engine exhaust system. 28 (c) in all instances where a carbon monoxide chamber is used: 29 (i) no incompatible or hostile animals, or animals of different 30 species, may be placed in any chamber simultaneously; 31 (ii) every chamber must be thoroughly cleaned after the 32 completion of each full cycle. No live animals may be placed in 33 the chamber with dead animals; 34 (iii) all animals must be examined by a veterinarian or certified 35 euthanasia technician to ensure they are dead upon removal from 36 the chamber; 37 (iv) all chambers must be inspected quarterly by an independent, 38 qualified technician who is thoroughly knowledgeable with the 39 operation and maintenance of the particular euthanasia chamber 40 being used; 41 (v) an operational guide and maintenance instructions must be 42 displayed in the room with the euthanasia chamber. A substance 43 which is clinically proven to be as humane as sodium pentobarbital

[3114] 4 1 and which has been officially recognized as such by the American 2 Veterinary Medical Association may be used in lieu of sodium 3 pentobarbital to perform euthanasia on dogs and cats, but 4 succinylcholine chloride, curate, curariform mixtures, or any 5 substance which acts as a neuromuscular blocking agent may not 6 be used on a dog or cat in lieu of sodium pentobarbital for 7 euthanasia purposes. 8 (3) Shooting: Shooting may be used as a means of 9 euthanasia only in an emergency situation to prevent extreme 10 suffering or in which the safety of people or other animal life is 11 threatened or where it is considered necessary by the South 12 Carolina Department of Natural Resources to eliminate or control 13 the population of feral animals. 14 (4) In cases of extraordinary circumstance where a dog or 15 cat poses an extreme risk or danger to veterinarian, physician, or 16 lay person performing euthanasia, the person is allowed the use of 17 any other substance or procedure that is humane to perform 18 euthanasia on a dangerous dog or cat. 19 (B) In any of the previously listed methods, an animal may not 20 be left unattended between the time euthanasia procedures have 21 commenced and the time death occurs, and the animal’s body may 22 not be disposed of until death is confirmed by a certified 23 euthanasia technician. 24 (C) Under no circumstance shall a chamber using commercially 25 bottled carbon monoxide gas or other lethal gas or a chamber 26 which causes a change in body oxygen by means of altering 27 atmospheric pressure or which is connected to an internal 28 combustion engine and uses the engine exhaust for euthanasia 29 purposes be permitted.” 30 31 SECTION 2. This act takes effect upon approval by the 32 Governor. 33 XX 34

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