SENATE BILL NO. 314
INTRODUCED BY S. DOHERTY
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING FOR THE REGULATION AND CERTIFICATION OF
PERSONS AND ENTITIES THAT EUTHANIZE ANIMALS; ALLOWING A CERTIFIED PRACTITIONER AGENCY
OR A CERTIFIED EUTHANASIA TECHNICIAN TO APPLY FOR REGISTRATION TO POSSESS, DISPENSE, AND
ADMINISTER CONTROLLED SUBSTANCES FOR THE PURPOSE OF EUTHANIZING ANIMALS UNDER THE
PRACTITIONER'S AGENCY'S OR TECHNICIAN'S LAWFUL POSSESSION WHEN THE PRACTITIONER
AGENCY OR TECHNICIAN IS CERTIFIED BY THE BOARD OF VETERINARY MEDICINE; PROVIDING AN
EXEMPTION FOR CERTIFIED PRACTITIONERS AGENCIES AND CERTIFIED EUTHANASIA TECHNICIANS
FROM OVERSIGHT BY THE BOARD OF PHARMACY WHEN DISPENSING ADMINISTERING APPROVED
CONTROLLED SUBSTANCES FOR EUTHANASIA; PROVIDING AN EXEMPTION TO THE PRACTICE OF
VETERINARY MEDICINE FOR CERTIFIED PRACTITIONERS AGENCIES AND CERTIFIED EUTHANASIA
TECHNICIANS WHO ARE PRACTICING ANIMAL EUTHANASIA; AND AMENDING SECTIONS 37-7-103 AND
37-18-104, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Definition. In [sections 1 through 5], the following definitions apply:
(1) "Certified euthanasia technician" means an agent of a certified practitioner AGENCY or a person that WHO is
working under the direct supervision of a licensed veterinarian and that WHO has been certified by the board to administer
a controlled substance approved by the board for the purpose of euthanasia.
(2) "Certified practitioner AGENCY" means a person, that is not otherwise a licensed veterinarian, LAW
ENFORCEMENT AGENCY, PUBLIC OR PRIVATE ANIMAL CONTROL AGENCY, OR A HUMANE SOCIETY
ORGANIZED FOR THE PREVENTION OF CRUELTY TO ANIMALS that has been certified by the board to possess
controlled substances approved for the purposes of euthanasia.
(3) "Controlled substance" means all drugs or other substances regulated under federal or state law.
(4) "Euthanasia" means the act or practice of ending the life of an animal in order to end suffering or for some other humane purpose.
(5) "Person" means an individual, corporation, partnership, government or governmental subdivision or agency, trust, estate, or any other legal entity.
NEW SECTION. Section 2. Powers of board -- euthanasia. The board may:
(1) establish qualifications and prescribe the application format for certification as a practitioner CERTIFIED
AGENCY or euthanasia technician, review each application for compliance with the certification requirements, and issue
certifications;
(2) examine and determine the qualifications and fitness of applicants to operate as a certified practitioner AGENCY in
the state or as a certified euthanasia technician IN THE STATE;
(3) issue, renew, reinstate, deny, suspend, require voluntary surrender of, or revoke any certifications or temporary
permits or impose other forms of discipline and enter into consent agreements and negotiated settlements with certified
practitioners AGENCIES OR EUTHANASIA TECHNICIANS consistent with the provisions of this chapter and rules
adopted pursuant to this chapter;
(4) establish a schedule of fees for certifying practitioners AGENCIES and euthanasia technicians;
(5) establish a list of controlled substances approved for the purpose of euthanasia;
(6) ADOPT RULES FOR THE STORAGE AND HANDLING OF CONTROLLED SUBSTANCES BY CERTIFIED AGENCIES AND EUTHANASIA TECHNICIANS AND PROVIDE FOR THE INSPECTION OF CERTIFIED AGENCIES' STORAGE, HANDLING, AND ACCOUNTING PROCEDURES FOR CONTROLLED SUBSTANCES; and
(6)(7) adopt any other rules that the board or department determines are necessary for the implementation of [sections 1
through 5].
NEW SECTION. Section 3. Certified practitioner AGENCY. (1) A person may not possess controlled substances
for the purposes of euthanasia without first becoming a LICENSED VETERINARIAN OR A certified practitioner
AGENCY under rules adopted by the board.
(2) Certified practitioners may AGENCIES SHALL apply for registration with the applicable state or federal agency to
possess and dispense ADMINISTER controlled substances approved by the board for the purposes of euthanasia.
(3) Certified practitioners AGENCIES shall comply with all state and federal laws regarding the storage, care, and
dispensing ADMINISTRATION of controlled substances. Failure to comply with these laws must result in the immediate
revocation of the certification in addition to any other civil or criminal penalties provided under any other statute.
(4) A certified practitioner who intends to administer controlled substances for the purposes of euthanasia must also be
a certified euthanasia technician.
NEW SECTION. Section 4. Certified euthanasia technician. (1) A person may not administer controlled substances for euthanasia purposes without first becoming a LICENSED VETERINARIAN OR A certified euthanasia technician under rules adopted by the board.
(2) A certified euthanasia technician may use controlled substances only for euthanasia purposes unless the certified euthanasia technician is under the direct supervision of a licensed veterinarian.
NEW SECTION. Section 5. Disposition of fees. Any fees collected under [sections 1 through 5] must be deposited in a state special revenue account to offset costs incurred by the board or department in carrying out [sections 1 through 5].
Section 6. Section 37-7-103, MCA, is amended to read:
"37-7-103. Exemptions. Subject only to 37-7-401 and 37-7-402, this chapter does not:
(1) subject a person who is licensed in this state to practice medicine, dentistry, or veterinary medicine to inspection by the board, prevent the person from compounding or using drugs, medicines, chemicals, or poisons in the person's practice, or prevent a person who is licensed to practice medicine from furnishing to a patient drugs, medicines, chemicals, or poisons that the person considers proper in the treatment of the patient;
(2) prevent the sale of drugs, medicines, chemicals, or poisons at wholesale;
(3) prevent the sale of drugs, chemicals, or poisons either at either wholesale or retail for use for commercial purposes
or in the arts; or
(4) changes change any of the provisions of this code relating to the sale of insecticides and fungicides,;
(5) and does not prevent the sale of common household preparations and other drugs if the stores selling them are
licensed under the terms of this chapter;
(4)(6) apply to or interfere with manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles,
cosmetics, perfumes, spices, and other commonly used household articles of a chemical nature for use for nonmedicinal
purposes;
(5)(7) prevent a registered nurse employed by a family planning clinic under contract with the department of public
health and human services from dispensing factory prepackaged oral contraceptives if the dispensing is in accordance with
a physician's written protocol specifying the circumstances under which dispensing is appropriate and is in accordance with
the board of pharmacy's board's requirements for labeling, storage, and recordkeeping of drugs.; or
(8) prevent a certified practitioner AGENCY or certified euthanasia technician from possessing, dispensing, or
administering any controlled substance authorized by the board of veterinary medicine for the purpose of euthanasia
pursuant to [sections 1 through 5]."
Section 7. Section 37-18-104, MCA, is amended to read:
"37-18-104. Exemptions -- rules. (1) This chapter does not apply to:
(a) veterinarians in the performance of their official duties, either civil or military, in the service of the United States unless they engage in the practice of veterinary medicine in a private capacity;
(b) laboratory technicians and veterinary research workers, as distinguished from veterinarians, in the employ of this state or the United States and engaged in labors in laboratories under the direct supervision of the board of livestock, Montana state university-Bozeman, or the United States;
(c) lawfully qualified veterinarians from other states or a foreign country meeting legally licensed and registered Montana veterinarians in this state in consultation;
(d) a veterinarian residing on a border of a neighboring state and authorized under the laws of that state to practice veterinary medicine, who is actually called to attend cases in this state but who does not open an office or appoint a place to meet patients or receive calls in this state, if veterinarians licensed and registered in this state are extended a like privilege to engage in the practice of veterinary medicine to the same extent in the neighboring state;
(e) the employment of veterinary medical students who have successfully completed 3 years of the professional curriculum in veterinary medicine at a college having educational standards equal to those approved by the American veterinary medical association, if the students are employed by and work under the immediate supervision of a veterinarian licensed and registered under this chapter; or
(f) a person advising with respect to or performing acts that the board defines by rule as accepted livestock management practices.
(2) The operations known and designated as castrating or dehorning of cattle, sheep, horses, and swine are not the practice of veterinary medicine within the meaning of this chapter.
(3) Nonsurgical embryo transfers in bovines may be performed under the supervision of a veterinarian licensed and residing in Montana. At a minimum, board rules regarding nonsurgical embryo transfers in bovines must address:
(a) minimum education requirements;
(b) minimum requirements of practical experience;
(c) continuing education requirements;
(d) limitations on practices and procedures that may be performed by certified individuals;
(e) the use of specific drugs necessary for safe and proper practice of certified procedures;
(f) content and administration of the certification test, including written and practical testing;
(g) application and reexamination procedures; and
(h) conduct of certified individuals, including rules for suspension, revocation, and denial of certification.
(4) This chapter does not prohibit a person from caring for and treating the person's own farm animals or being assisted in this treatment by the person's full-time employees, as defined in 2-18-601, employed in the conduct of the person's business or by other persons whose services are rendered gratuitously in case of emergency.
(5) This chapter does not prohibit the selling of veterinary remedies and instruments by a registered pharmacist at the pharmacist's regular place of business.
(6) This chapter does not prohibit an employee of a licensed veterinarian from performing activities determined by board rule to be acceptable, when performed under the supervision of the employing veterinarian.
(7) This chapter does not prohibit an employee of a licensed veterinarian from rendering care for that veterinarian's animal patients in cases of emergency. Permissible emergency employee activities under this subsection include activities determined by board rule to be acceptable but do not include the performance of surgery or the rendering of diagnoses.
(8) This chapter does not prohibit certified practitioners AGENCIES or certified euthanasia technicians from possessing
or administering controlled substances authorized by the board for the purposes of euthanasia as provided in [sections 1
through 5]."
NEW SECTION. Section 8. Codification instruction. [Sections 1 through 5] are intended to be codified as an integral part of Title 37, chapter 18, and the provisions of Title 37, chapter 18, apply to [sections 1 through 5].
- END -
Latest Version of SB 314 (SB0314.03)
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