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Pennsylvania Statutes Title 3 P.S. Agriculture § 328.304. Animal protection organization use of drugs

Current as of January 01, 2022 | Updated by FindLaw Staff

(a) Limited license.--The following apply to animal protection organizations:

(1) An animal protection organization may apply to the board for the sole purpose of being authorized to purchase, possess and administer drugs approved for euthanasia under section 302  1 in accordance with regulations promulgated under this act and the act of December 27, 1974 (P.L. 995, No. 326),  2 known as the Veterinary Medicine Practice Act.

(2) An animal protection organization authorized under paragraph (1) may not permit a person to administer drugs approved for euthanasia unless that person holds a current euthanasia technician license under subsections (b) and (c) or is a person licensed as a veterinarian under the Veterinary Medicine Practice Act.

(3) Notwithstanding any other provision of this act, if the department suspends or revokes a kennel license of an animal protection organization under the act of December 7, 1982 (P.L. 784, No. 225),  3 known as the Dog Law, the authorization to purchase, possess and administer drugs approved for euthanasia under subsection (c) shall be immediately revoked at that kennel and the department shall report the suspension or revocation to the board. The department shall report all suspected violations of this act to the board.

(b) Regulation and enforcement.--The following regulation and enforcement provisions shall apply:

(1) The board shall regulate and enforce the provisions of this act, including the authority to inspect an animal protection organization and revoke a license or authorization issued under this act.

(2) To implement this subsection, the board shall:

(i) issue a statement of policy within 120 days of the effective date of this paragraph;  4 and

(ii) promulgate regulations within 18 months of the effective date of this paragraph.

(c) Euthanasia technicians.--The following shall apply:

(1) The board may issue a euthanasia technician license to an applicant who satisfies all of the following:

(i) Meets the eligibility criteria established by the board which shall include knowledge of the Commonwealth's statutes and regulations relating to euthanasia.

(ii) Demonstrates adequate knowledge of the potential hazards and proper techniques to be used in administration of euthanasia drugs by satisfying all requirements of the board and at least one of the following:

(A) Successfully completes a euthanasia technician certification course, including at least 14 hours of instruction, which is approved by the board and administered by:

(I) the National Animal Control Association;

(II) the American Humane Association;

(III) the Humane Society of the United States;

(IV) the Pennsylvania Veterinary Medical Association;

(V) the University of Pennsylvania School of Veterinary Medicine;

(VI) the Federated Humane Societies of Pennsylvania; or

(VII) any other courses approved by the board.

(B) Is a euthanasia technician registered or licensed under the laws of another state or territory of the United States which has requirements substantially similar to the requirements of this section and presents satisfactory proof to the board of being engaged in the practice of euthanasia for a period of at least one year out of the past five years.

(C) Meets other requirements established by the board.

(2) The board shall regulate, discipline and enforce the provisions of this subsection by:

(i) issuing a statement of policy within 120 days of the effective date of this subsection;  5 and

(ii) promulgating regulations within 18 months of the effective date of this subsection.

(d) Cooperation.--For the purpose of enforcement of this act, the board may enter into a memorandum of understanding with the department and designate the department to act as its authorized agent for the limited purposes of inspecting and monitoring animal protection organizations, and persons who euthanize animals on behalf of animal protection organizations, for compliance with the applicable requirements and any implementing regulations.

1 3 P.S. § 328.302.
2 63 P.S. § 485.1 et seq.
3 3 P.S. § 459-101 et seq.
4 Subsec. (b)(2) added by 2012, Oct. 24, P.L. 1452, No. 182, § 5, effective in 180 days [April 22, 2013].
5 Subsec. (c)(2) added by 2012, Oct. 24, P.L. 1452, No. 182, § 5, effective in 180 days [April 22, 2013].
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 3 P.S. Agriculture § 328.304. Animal protection organization use of drugs - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-3-ps-agriculture/pa-st-sect-3-328-304/

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