PART 1. DEPARTMENT OF STATE HEALTH SERVICES
SUBCHAPTER D. STANDARDS FOR ALLOWABLE METHODS OF EUTHANASIA FOR ANIMALS IN THE CUSTODY OF AN ANIMAL SHELTER
The Executive Commissioner of the Health and Human Services Commission, on behalf of the Department of State Health Services (department), proposes amendments to §169.81 and §169.82, new §169.83 and §169.84, and the repeal of §169.83, concerning the standards for allowable methods of euthanasia for animals in the custody of an animal shelter.
BACKGROUND AND PURPOSE
The amendments, repeal, and new sections are necessary to comply with Health and Safety Code, Chapter 821, Subchapter C, "Euthanasia of Animals," which provides the Executive Commissioner of the Health and Human Services Commission with the authority to administer the chapter and adopt rules necessary to effectively administer the program.
Government Code, §2001.039, requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Sections 169.81 - 169.83 have been reviewed and the department has determined that reasons for adopting the sections continue to exist because rules on this subject are mandated.
Specifically, the sections cover purpose, definition, animal identification and owner notification, and allowable methods of euthanasia.
After carefully considering the alternatives, the department believes the rules as amended, repealed, and the new sections added are the best method of implementing the statute to protect the public health with rules on the standards for allowable methods of euthanasia for animals in the custody of an animal shelter in the State of Texas.
SECTION-BY-SECTION SUMMARY
The amendment to §169.81 provides clarification and modifies the language to make it more concise. The amendment to §169.82 provides clarification of the term "animal shelter." The repeal and new §169.83 adds new language to provide instruction to animal shelter personnel on attempts to identify animal ownership and notifying owners prior to euthanasia. The new §169.84 is the renumbered §169.83 that was moved for better flow of the rules and reorganized for clarity; and the new §169.84 updates euthanasia standards to be in compliance with the revised American Veterinary Medical Association Guidelines on Euthanasia.
The proposed revisions to the sections update and clarify language to enable those subject to the sections to more readily comply. The rules promote humane euthanasia for these animals and promote public health and safety.
FISCAL NOTE
Adolfo Valadez, M.D., MPH, Division Director, Prevention and Preparedness Services, has determined that for each year of the first five-year period that the sections will be in effect, there will be no fiscal implications to state or local governments as a result of enforcing and administering the sections as proposed, because the procedures for administering euthanasia have not substantively changed.
SMALL AND MICRO-BUSINESS ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS
Dr. Valadez has also determined that there will be no adverse impact on small businesses or micro-businesses required to comply with the sections as proposed. This was determined by interpretation of the rules that animal shelters are not operated by small businesses and micro-businesses and, therefore, they will not be required to alter their business practices in order to comply with the sections. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no anticipated impact on local employment. Therefore, an economic impact statement and regulatory flexibility analysis for small and micro-businesses are not required.
PUBLIC BENEFIT
In addition, Dr. Valadez has also determined that for each year of the first five years the sections are in effect, the public will benefit from adoption of the sections. The public benefit anticipated as a result of clarifying language in the sections will be to promote humane euthanasia of animals and to promote public health and safety.
REGULATORY ANALYSIS
The department has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
The department has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Government Code, §2007.043.
PUBLIC COMMENT
Comments on the proposal may be submitted to Tom Sidwa, DVM, Department of State Health Services, Community Preparedness Section, Zoonosis Control Branch, MC 1956, P.O. Box 149347, Austin, Texas 78714-9347, or by email to Tom.Sidwa@dshs.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Lisa Hernandez, certifies that the proposed rules have been reviewed by legal counsel and found to be within the state agencies' authority to adopt.
STATUTORY AUTHORITY
The proposed amendments and new rules are authorized by Health and Safety Code, Chapter 821, "Euthanasia of Animals," §821.053, which requires the Executive Commissioner of the Health and Human Services Commission to establish the requirements and procedures for administering sodium pentobarbital to euthanize an animal in the custody of an animal shelter; §821.054, which requires the Executive Commissioner of the Health and Human Services Commission to establish standards for a carbon monoxide chamber used to euthanize an animal in the custody of an animal shelter and the requirements and procedures for administering commercially compressed carbon monoxide to euthanize an animal in the custody of an animal shelter; and Government Code, §531.0055, and Health and Safety Code, §1001.075, which authorize the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services by the department and for the administration of Health and Safety Code, Chapter 1001. Review of the rules implements Government Code, §2001.039.
The amendments and new rules affect Health and Safety Code, Chapters 821 and 1001; and Government Code, Chapter 531.
§169.81.Purpose.
The purpose of these sections is to set standards for allowable
methods of euthanasia for an animal(s) [animals]
in the custody of an animal shelter, in accordance with the Texas
Health and Safety Code, Chapter 821.
§169.82.Definition.
In this chapter, animal [The following term,
when used in these rules, shall have the following meaning, unless
the context clearly indicates otherwise: Animal] shelter,
unless the context clearly indicates otherwise, means a [--A
] facility that collects, impounds, or keeps stray, homeless, abandoned,
or unwanted animals.
§169.83.Animal Identification and Owner Notification.
Prior to euthanasia, each animal should first be scanned for microchip identification and searched for identification tattoos. If identification is located on an animal or the animal is wearing a tag(s), reasonable efforts to locate and notify the animal's owner shall be made prior to euthanasia.
§169.84.Allowable Methods of Euthanasia.
(a) Only sodium pentobarbital or commercially compressed carbon monoxide gas may be used to euthanize a dog or cat in the custody of an animal shelter.
(b) When sodium pentobarbital is used to euthanize an animal, the following requirements apply.
(1) Persons administering sodium pentobarbital must be thoroughly trained in the proper methods and techniques for euthanizing animals. A person has until the 120th day following the date of initial employment to complete this training.
(2) The routes of injections of sodium pentobarbital, listed in the order of preference, shall be:
(A) intravenous injection by hypodermic needle;
(B) intraperitoneal injection by hypodermic needle; or
(C) intracardiac injection by hypodermic needle.
(3) Any injection must be administered using an undamaged sterilized hypodermic needle of a size suitable for the size and species of the animal.
(4) Injection shall be conducted in an area out of public view and out of the view of another animal; additionally, the carcass of any animal(s) shall be removed from the euthanasia area prior to a live animal entering that area.
(5) The area used for injection shall have sufficient lighting to allow for visual accuracy during the injection process.
(6) A dose of sodium pentobarbital appropriate for the animal's weight shall be administered to that animal.
(7) Each animal given sodium pentobarbital by intraperitoneal injection must be given 3 to 4 times the intravenous dose.
(8) Each animal given sodium pentobarbital by intraperitoneal injection shall be placed in a quiet area, separated from physical contact with any other animal(s) during the dying process.
(9) Intracardiac injection may not be used unless the animal is heavily sedated, unconscious, or anesthetized.
(10) The carcass of any animal(s) euthanized by sodium pentobarbital must be stored and disposed of in a manner that minimizes the potential for scavenging by animals or humans.
(c) When commercially compressed carbon monoxide gas is used to euthanize an animal(s), the following requirements apply.
(1) It must be performed in a commercially manufactured carbon monoxide chamber or one designed and constructed, at a minimum, to equal the effectiveness of a commercially manufactured chamber.
(2) The chamber must be located outdoors or in a well-ventilated room.
(3) The chamber must be airtight and equipped with the following:
(A) an exhaust fan for indoor chambers which is capable of evacuating all gas from the chamber prior to the chamber being opened and is connected by a gas-type duct to the outdoors;
(B) a gas flow regulator and flow meter for the canister;
(C) a gas concentration gauge;
(D) an accurate temperature gauge for monitoring the interior of the chamber;
(E) if located indoors, a carbon monoxide monitor on the exterior of the chamber that is connected to an audible alarm system, which will sound in the room containing the chamber;
(F) explosion-proof electrical equipment if equipment is exposed to carbon monoxide;
(G) a view-port with either internal lighting or external lighting sufficient to allow visual surveillance of any animal(s) within the chamber; and
(H) if designed to euthanize more than one animal at a time, independent sections or cages to separate individual animals.
(4) The gas concentration process must achieve at least a 6% carbon monoxide gas concentration not to exceed 10% due to flammability and explosiveness throughout the chamber within 5 minutes after the introduction of carbon monoxide into the chamber is initiated.
(5) The ambient temperature inside the chamber should not exceed 85 degrees Fahrenheit (29.4 degrees Celsius) when it contains a live animal(s).
(6) All equipment, as specified in paragraph (3)(A) - (H) of this subsection, must be in proper working order and used at all times during the operation of the chamber.
(7) An animal(s) must not be removed from the chamber until at least 5 minutes after cessation of respiratory movement.
(8) The chamber must be thoroughly vented prior to removing any carcasses.
(9) The chamber must be thoroughly cleaned after the completion of each cycle. Chamber surfaces must be constructed and maintained so they are impervious to moisture and can be readily sanitized.
(10) Persons operating the chamber must be thoroughly trained in the proper methods and techniques for euthanizing animals. A person has until the 120th day following the date of initial employment to complete this training.
(11) Operation, maintenance, and safety instructions and guidelines must be displayed prominently in the area containing the chamber.
(12) Carbon monoxide shall not be used to euthanize any animal reasonably presumed to be less than 16 weeks of age. Carbon monoxide shall also not be used to euthanize any animal that could be anticipated to have decreased respiratory function, such as the elderly, sick, injured, or pregnant. Such animals are resistant to the effects of carbon monoxide and the time required to achieve death in these animals may be significantly increased. In animals with decreased respiratory function, carbon monoxide levels rise slowly, making it more likely that these animals will experience elevated levels of stress.
(13) Only compatible animals of the same species may be placed in the chamber simultaneously.
(14) No live animal(s) may be placed in the chamber with a dead animal(s).
(d) Any animal other than cats and dogs, including birds and reptiles, in the custody of an animal shelter shall be humanely euthanized only in accordance with the methods, recommendations, and procedures prepared by the American Veterinary Medical Association (AVMA) and set forth in the AVMA Guidelines on Euthanasia (June 2007) applicable to each species of animal.
(e) When using any of the allowable methods of euthanasia, each animal must be monitored between the time euthanasia procedures have commenced and the time death occurs, and the animal's body must not be disposed of until death is confirmed by examination of the animal for cessation of vital signs.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 29, 2008.
TRD-200806715
Lisa Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: February 8, 2009
For further information, please call: (512) 458-7111 x6972
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Department of State Health Services or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The proposed repeal is authorized by Health and Safety Code, Chapter 821, "Euthanasia of Animals," §821.053, which requires the Executive Commissioner of the Health and Human Services Commission to establish the requirements and procedures for administering sodium pentobarbital to euthanize an animal in the custody of an animal shelter; §821.054, which requires the Executive Commissioner of the Health and Human Services Commission to establish standards for a carbon monoxide chamber used to euthanize an animal in the custody of an animal shelter and the requirements and procedures for administering commercially compressed carbon monoxide to euthanize an animal in the custody of an animal shelter; and Government Code, §531.0055, and Health and Safety Code, §1001.075, which authorize the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services by the department and for the administration of Health and Safety Code, Chapter 1001. Review of the rule implements Government Code, §2001.039.
The repeal affects Health and Safety Code, Chapters 821 and 1001; and Government Code, Chapter 531.
§169.83.Allowable Methods of Euthanasia.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 29, 2008.
TRD-200806716
Lisa Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: February 8, 2009
For further information, please call: (512) 458-7111 x6972