Bill Text: NY S01177 | 2015-2016 | General Assembly | Amended

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Bill Title: Enacts "Sir Henry's law" to require the informed consent of the owner of a companion animal prior to euthanizing such animal.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-07 - REPORTED AND COMMITTED TO RULES [S01177 Detail]

Download: New_York-2015-S01177-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1177--A
           Cal. No. 365
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 9, 2015
                                      ___________
       Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
         printed to be committed to the Committee on  Agriculture  --  reported
         favorably  from  said  committee,  ordered to first report, amended on
         first report, ordered  to  a  second  report  and  ordered  reprinted,
         retaining its place in the order of second report
       AN ACT to amend the agriculture and markets law, in relation to informed
         consent of owners for euthanasia of a pet
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  "Sir Henry's law".
    3    S  2.  The  agriculture  and  markets  law  is amended by adding a new
    4  section 353-g to read as follows:
    5    S 353-G.  HUMANE  EUTHANASIA  OF  COMPANION  ANIMALS;  OWNER  INFORMED
    6  CONSENT.  1.  PRIOR TO THE HUMANE EUTHANASIA OF A COMPANION ANIMAL WHICH
    7  IS NOT LOST, STRAYED, HOMELESS OR ABANDONED, THE VETERINARIAN, WHO  WILL
    8  PERFORM  SUCH  PROCEDURE UPON THE ANIMAL, SHALL EXPLAIN TO THE COMPANION
    9  ANIMAL OWNER, WHO GRANTS CONSENT TO HAVING THE COMPANION ANIMAL  EUTHAN-
   10  IZED, IN A TRUTHFUL AND EASY TO UNDERSTAND MANNER:
   11    (A)  THE  VARIOUS  METHODS WHICH CAN BE UTILIZED TO HUMANELY EUTHANIZE
   12  THE COMPANION ANIMAL;
   13    (B) THE BENEFITS AND RISKS OF EACH SUCH METHOD;
   14    (C) THE NEGATIVE IMPACTS UPON THE ANIMAL OF EACH SUCH METHOD;
   15    (D) THE ALTERNATIVE METHOD OF HUMANE EUTHANASIA TO BE UTILIZED IF  THE
   16  PREFERRED  METHOD  CANNOT BE HUMANELY UTILIZED, AND THE NEGATIVE IMPACTS
   17  AND RISKS OF THE ALTERNATIVE METHOD; AND
   18    (E) FULLY ANSWER ANY QUESTIONS THE COMPANION  ANIMAL  OWNER  HAS  WITH
   19  REGARD TO EUTHANIZING THE OWNER'S PET.
   20    2.  NO  COMPANION ANIMAL WHICH IS NOT LOST, STRAYED, HOMELESS OR ABAN-
   21  DONED SHALL BE EUTHANIZED BY MEANS OF INTRACARDIAC INJECTION UNLESS  THE
   22  ANIMAL IS HEAVILY SEDATED, ANESTHETIZED OR COMATOSE. HOWEVER, A LICENSED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04268-03-5
       S. 1177--A                          2
    1  VETERINARIAN  MAY  PERFORM  EUTHANASIA  BY  INTRACARDIAC  INJECTION UPON
    2  ANIMALS THAT ARE NOT HEAVILY SEDATED, ANESTHETIZED OR COMATOSE ONLY WHEN
    3  SUCH LICENSED VETERINARIAN DETERMINES THAT SUCH  INTRACARDIAC  INJECTION
    4  IS  THE  MOST  HUMANE  OPTION AVAILABLE. WHENEVER A CARDIAC INJECTION IS
    5  ADMINISTERED BY A LICENSED VETERINARIAN UPON AN ANIMAL THAT IS NOT HEAV-
    6  ILY SEDATED, ANESTHETIZED OR COMATOSE, SUCH VETERINARIAN SHALL DOCUMENT,
    7  IN WRITING, THE ADMINISTRATION OF SUCH INJECTION AND THE REASON FOR  ITS
    8  ADMINISTRATION.  SUCH DOCUMENTATION SHALL BE RETAINED FOR AT LEAST THREE
    9  YEARS.
   10    3. THE OWNER OF A COMPANION ANIMAL THAT IS HUMANELY  EUTHANIZED  SHALL
   11  BE  ALLOWED  TO  REMAIN WITH HIS OR HER PET DURING THE ENTIRE PROCESS OF
   12  EUTHANASIA, INCLUDING WHEN DEATH IS CONFIRMED.
   13    4. BOTH THE VETERINARIAN, WHO HUMANELY EUTHANIZES A COMPANION  ANIMAL,
   14  AND  THE  OWNER  OF  SUCH  ANIMAL  SHALL SIGN A FORM, ESTABLISHED BY THE
   15  DEPARTMENT, STATING THAT THE PROVISIONS OF THIS SECTION HAVE BEEN  FULLY
   16  COMPLIED  WITH,  THAT ALL HUMANE EUTHANASIA METHODS HAVE BEEN CONSIDERED
   17  AND EXPLAINED, AND ALL QUESTIONS RELATING TO THE EUTHANASIA PROCESS HAVE
   18  BEEN ANSWERED TO THE OWNER'S SATISFACTION.
   19    5. THE DEPARTMENT MAY PROMULGATE ANY RULES AND  REGULATIONS  NECESSARY
   20  TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   21    S  3. This act shall take effect on the first of January next succeed-
   22  ing the date on which it shall have become  a  law;  provided,  however,
   23  that,  effective  immediately,  any  actions  necessary to implement the
   24  provisions of this act on its effective date are authorized and directed
   25  to be completed on or before such date.