HOUSE BILL 265

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

W. Ken Martinez

AN ACT

RELATING TO ANIMALS; PROHIBITING THE USE OF GAS CHAMBERS FOR THE EUTHANASIA OF CERTAIN ANIMALS; AMENDING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 77-1-12 NMSA 1978 (being Laws 1901, Chapter 105, Section 5, as amended) is amended to read:

     "77-1-12. LOCAL CONTROL BY ORDINANCE--DOGS AND CATS RUNNING AT LARGE.--Each municipality and each county shall make provision by ordinance for the seizure and disposition of dogs and cats running at large and not kept or claimed by any person on [their] the person's premises; provided, however, that the ordinance does not conflict with the provisions of the Animal Sheltering Services Act."

     Section 2. Section 77-1B-8 NMSA 1978 (being Laws 2007, Chapter 60, Section 8) is amended to read:

     "77-1B-8. EUTHANASIA AGENCIES--INSPECTIONS--EXEMPTIONS.--

          A. The board shall have authority over the licensing of euthanasia agencies. All euthanasia agencies shall be licensed by the board prior to euthanasia being performed by that agency.

          B. The board shall adopt rules governing the procedures for administering euthanasia; provided that the use of carbon monoxide gas chambers shall be prohibited for the euthanasia of cats and dogs.

          C. The board shall establish rules for inspecting a facility holding or claiming to hold a license as a euthanasia agency in this state.  

          D. The board shall establish policies and procedures for record keeping and for securing, using and disposing of euthanasia drugs in accordance with requirements of the Controlled Substances Act, the [federal] United States drug enforcement [agency] administration's Controlled Substances Act and the rules of the board of pharmacy.

          E. Euthanasia agencies using controlled substances shall have on staff or under contract a supervising veterinarian and a consulting pharmacist as that position is defined in the Pharmacy Act.

          F. A supervising veterinarian is not required to be on the premises of a euthanasia agency when euthanasia is performed.

          G. Nothing in the Animal Sheltering Services Act shall be construed as allowing a licensed euthanasia provider or a certified euthanasia instructor to engage in the practice of veterinary medicine when performing the duties set forth in that act.

          H. Nothing in the Animal Sheltering Services Act shall be construed as preventing a certified euthanasia instructor from euthanizing animals during a board-approved course on euthanasia instruction.

          I. Nothing in the Animal Sheltering Services Act affects wildlife rehabilitators working under the auspices of the department of game and fish.

          J. A veterinary clinic serving as a euthanasia agency pursuant to a contract with a local government is exempt from the provisions of the Animal Sheltering Services Act; provided that the veterinary clinic is subject to licensure and rules adopted pursuant to the Veterinary Practice Act.

          K. A municipal facility that is a zoological park is exempt from the provisions of the Animal Sheltering Services Act."

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