S T A T E   O F   N E W   Y O R K
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                                  7589

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, HOOPER, WEISENBERG, COOK -- Multi-
  Sponsored by -- M. of A. ARROYO, GABRYSZAK, GIBSON, GOTTFRIED, MOSLEY,
  MOYA,  PEOPLES-STOKES,  PERRY,  RIVERA,  ROBINSON  --  read  once  and
  referred to the Committee on Agriculture

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:

  Section 1. Short title. This act shall be known and may  be  cited  as
"Sir Henry's law".
  S  2.  The  agriculture  and  markets  law  is amended by adding a new
section 353-f to read as follows:
  S 353-F.  HUMANE  EUTHANASIA  OF  COMPANION  ANIMALS;  OWNER  INFORMED
CONSENT.  1.  PRIOR TO THE HUMANE EUTHANASIA OF A COMPANION ANIMAL WHICH
IS NOT LOST, STRAYED, HOMELESS OR ABANDONED, THE VETERINARIAN, WHO  WILL
PERFORM  SUCH  PROCEDURE UPON THE ANIMAL, SHALL EXPLAIN TO THE COMPANION
ANIMAL OWNER, WHO GRANTS CONSENT TO HAVING THE COMPANION ANIMAL  EUTHAN-
IZED, IN A TRUTHFUL AND EASY TO UNDERSTAND MANNER:
  (A)  THE  VARIOUS  METHODS WHICH CAN BE UTILIZED TO HUMANELY EUTHANIZE
THE COMPANION ANIMAL;
  (B) THE BENEFITS AND RISKS OF EACH SUCH METHOD;
  (C) THE NEGATIVE IMPACTS UPON THE ANIMAL OF EACH SUCH METHOD;
  (D) THE ALTERNATIVE METHOD OF HUMANE EUTHANASIA TO BE UTILIZED IF  THE
PREFERRED  METHOD  CANNOT BE HUMANELY UTILIZED, AND THE NEGATIVE IMPACTS
AND RISKS OF THE ALTERNATIVE METHOD; AND
  (E) FULLY ANSWER ANY QUESTIONS THE COMPANION  ANIMAL  OWNER  HAS  WITH
REGARD TO EUTHANIZING THE OWNER'S PET.
  2.  NO  COMPANION ANIMAL WHICH IS NOT LOST, STRAYED, HOMELESS OR ABAN-
DONED SHALL BE EUTHANIZED BY MEANS OF INTRACARDIAC INJECTION UNLESS  THE
ANIMAL IS HEAVILY SEDATED, ANESTHETIZED OR COMATOSE. HOWEVER, A LICENSED
VETERINARIAN  MAY  PERFORM  EUTHANASIA  BY  INTRACARDIAC  INJECTION UPON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10023-03-3
              

A. 7589                             2

ANIMALS THAT ARE NOT HEAVILY SEDATED, ANESTHETIZED OR COMATOSE ONLY WHEN
SUCH LICENSED VETERINARIAN DETERMINES THAT SUCH  INTRACARDIAC  INJECTION
IS  THE  MOST  HUMANE  OPTION AVAILABLE. WHENEVER A CARDIAC INJECTION IS
ADMINISTERED BY A LICENSED VETERINARIAN UPON AN ANIMAL THAT IS NOT HEAV-
ILY SEDATED, ANESTHETIZED OR COMATOSE, SUCH VETERINARIAN SHALL DOCUMENT,
IN  WRITING, THE ADMINISTRATION OF SUCH INJECTION AND THE REASON FOR ITS
ADMINISTRATION. SUCH DOCUMENTATION SHALL BE RETAINED FOR AT LEAST  THREE
YEARS.
  3.  THE  OWNER OF A COMPANION ANIMAL THAT IS HUMANELY EUTHANIZED SHALL
BE ALLOWED TO REMAIN WITH HIS OR HER PET DURING THE  ENTIRE  PROCESS  OF
EUTHANASIA, INCLUDING WHEN DEATH IS CONFIRMED.
  4.  BOTH THE VETERINARIAN, WHO HUMANELY EUTHANIZES A COMPANION ANIMAL,
AND THE OWNER OF SUCH ANIMAL SHALL  SIGN  A  FORM,  ESTABLISHED  BY  THE
DEPARTMENT,  STATING THAT THE PROVISIONS OF THIS SECTION HAVE BEEN FULLY
COMPLIED WITH, THAT ALL HUMANE EUTHANASIA METHODS HAVE  BEEN  CONSIDERED
AND EXPLAINED, AND ALL QUESTIONS RELATING TO THE EUTHANASIA PROCESS HAVE
BEEN ANSWERED TO THE OWNER'S SATISFACTION.
  5.  THE  DEPARTMENT MAY PROMULGATE ANY RULES AND REGULATIONS NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that, effective immediately, any  actions  necessary  to  implement  the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.