201 KAR 16:080. Certified animal control agencies.

 

      RELATES TO: KRS 321.207

      STATUTORY AUTHORITY: KRS 321.207(2), 321.235(3)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 321.207(3) authorizes the board to certify an animal control agency who has been issued a registration certificate by the federal Drug Enforcement Agency to euthanize animals. KRS 321.207(2) requires the applicant to comply with administrative regulations that establish standards for the proper storage and handling of the drugs the board has authorized for use, and other provisions that may be necessary to ensure that the drugs are used safely and solely for the purpose of euthanizing animals. This administrative regulation establishes the certification requirements, standards for proper drug storage, and drugs that may be used by animal control agencies.

 

      Section 1. General Requirements. (1) The applicant shall apply to the board for a certificate as a certified animal control agency as defined by KRS 321.207.

      (2) The applicant shall pay the initial certification fee as set forth in 201 KAR 16:015.

      (3) The applicant shall apply to the Drug Enforcement Administration, United States Department of Justice, for registration as a practitioner and designate "animal shelter" on the appropriate DEA form.

      (4) The applicant shall undergo an inspection of the facility by a person authorized by the board prior to issuance of the certificate.

      (5) Upon request, a certified animal control agency shall submit to inspection by a person authorized by the board upon request.

      (6) A certified animal control agency shall designate an on-site manager of the shelter. The agency shall notify the board within ten (10) days of any change in the on-site manager of the shelter.

 

      Section 2. Approved Drugs. A certified animal control agency shall be restricted to the purchase of sodium pentobarbital and sodium pentobarbital with lidocaine for the purpose of euthanizing animals. Federal Schedule II order forms (DEA-222) are required for the purchase of sodium pentobarbital.

 

      Section 3. Records. (1) A certified animal control agency shall maintain records of purchases and administration of sodium pentobarbital and sodium pentobarbital with lidocaine for a period of not less than two (2) years.

      (2) Records of administration shall include:

      (a) The date of use;

      (b) Identification of the animal;

      (c) The amount of the drug used;

      (d) The signature of the person administering the drug;

      (e) The signature of the on-site manager certifying the accuracy of the administration of sodium pentobarbital and sodium pentobarbital with lidocaine not less than once per month; and

      (f) The signature of the on-site manager certifying to the accuracy of the records.

      (3) Records of purchases of sodium pentobarbital and sodium pentobarbital with lidocaine shall be maintained in a separate file from the records of administration.

      (4) The records of purchases and administration records are subject to audit by the Drug Enforcement Administration or authorized employees of the board to determine adequacy, accuracy, and validity of the recordkeeping.

      (5) The records of purchases and administration shall be maintained at the location of the agency.

 

      Section 4. Storage. (1) Sodium pentobarbital and sodium pentobarbital with lidocaine shall be stored in a securely locked cabinet within a locked storage room.

      (2) Schedule II order forms shall be stored in a securely locked cabinet within a locked storage room.

 

      Section 5. Disposal of Needles and Medical Waste. All needles generated in the process of euthanizing animals shall be disposed of pursuant to KRS 217.177(6).

 

      Section 6. Disciplinary Action. A certified animal control agency shall be subject to disciplinary action pursuant to KRS 321.235(7) for a violation of applicable statutes or administrative regulations. (26 Ky.R. 498; Am. 997; eff. 10-15-99.)