NY State Senate Bill 2015-S1177A

Senate Bill S1177A

2015-2016 Legislative Session

Requires the informed consent of the owner of a companion animal prior to euthanizing such animal

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2016	reported and committed to rules
Jan 06, 2016	referred to agriculture
Jun 25, 2015	committed to rules
Apr 27, 2015	advanced to third reading
Apr 23, 2015	2nd report cal. amended 1177a
Apr 22, 2015	1st report cal.365
Jan 09, 2015	referred to agriculture

Votes

- Jun 7, 2016 - Agriculture Committee Vote
  S1177A
  
  10
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: Jun 7, 2016
      
      aye (10)
      
      Comrie
      
      Funke
      
      Gallivan
      
      Hamilton
      
      Montgomery
      
      O'Mara
      
      Ritchie
      
      Serrano
      
      Valesky
      
      Young
      
      nay (1)
      
      Ranzenhofer
      
      aye wr (2)
      
      Panepinto
      
      Seward
  Apr 22, 2015 - Agriculture Committee Vote
  S1177A
  
  11
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: Apr 22, 2015
      
      aye (11)
      
      Comrie
      
      Funke
      
      Gallivan
      
      Hamilton
      
      Montgomery
      
      O'Mara
      
      Panepinto
      
      Ritchie
      
      Serrano
      
      Valesky
      
      Young
      
      nay (1)
      
      Ranzenhofer
      
      aye wr (1)
      
      Seward

Bill Amendments

Original

A (Active)

2015-S1177 - Details

See Assembly Version of this Bill:: A2356
Current Committee:: Senate Rules
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §353-g, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6218, A7589
2017-2018: S3090, A6611
2019-2020: S1555, A5699
2021-2022: S6209

2015-S1177 - Summary

Enacts "Sir Henry's law" to require the informed consent of the owner of a companion animal prior to euthanizing such animal.

2015-S1177 - Sponsor Memo

                                BILL NUMBER:S1177

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to informed consent of owners for euthanasia of a pet

PURPOSE OR GENERAL IDEA OF THE BILL:  This bill would require Owner
informed consent prior to euthanasia of a companion animal.

SUMMARY OF PROVISIONS:  Adds a new section 353-f to the agriculture
and markets law regarding informed consent of owners for euthanasia of
a pet. The new section includes the following provisions:  1)
Veterinarian administering euthanasia procedure shall explain to
companion animal owner in truthful and easy to understand manner:

a. various methods of humane euthanasia

b. benefits and risks of each method

c. negative impacts on the animal of each method; and

d. fully answer any questions the companion animal owner has with
regard to euthanasia of the owner's pet

2) Prohibits euthanasia by means of intracardiac injection unless the
animal is heavily sedated, anesthetized or comatose. However, allows
for intracardiac injection on animals that are not heavily sedated,

anesthetized or comatose only when intracardiac injection is the most
humane option available.

3) Allows owners of a companion animal that is euthanized to remain
with pet during entirety of euthanasia procedure.

4) Requires both the veterinarian and companion animal owner to sign a
form acknowledging the provisions of the law have been fully complied
with.

JUSTIFICATION:  The loss of a beloved companion animal can be a
traumatic experience for pet owners, particularly when circumstances
force the pet owner to have a veterinarian euthanize the animal. Full
knowledge of the various humane euthanasia methods, effects of each
euthanasia procedure on a companion animal, as well as -having an
opportunity to ask questions and receive answers from the veterinarian
performing the procedure can help the owner get through the traumatic
experience.

The American Veterinarian Medical Association (AVMA) provides
guidelines for the euthanasia of animals. In situations of euthanasia
for companion animals the AVMA recommends that, "Owners should be
fully informed about the process they are about to observe including
the potential for excitation during anesthesia and other possible
complications" (AVMA Guidelines for Euthanasia of Animals: 2013
Edition). However, since these are only guidelines, veterinarians are


not required by law to follow them in order to ensure companion animal
owners are fully informed about the euthanasia procedure.

LEGISLATIVE HISTORY:  2013-14: S6218- Referred to Agriculture

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the first of January
next succeeding the date on which it shall have become a law, with
provisions.

2015-S1177 - Bill Text download pdf

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

                                  1177

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed 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
ANIMALS THAT ARE NOT HEAVILY SEDATED, ANESTHETIZED OR COMATOSE ONLY WHEN
SUCH  LICENSED  VETERINARIAN DETERMINES THAT SUCH INTRACARDIAC INJECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04268-01-5

S. 1177                             2

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.

2015-S1177A (ACTIVE) - Details

See Assembly Version of this Bill:: A2356
Current Committee:: Senate Rules
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §353-g, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6218, A7589
2017-2018: S3090, A6611
2019-2020: S1555, A5699
2021-2022: S6209

2015-S1177A (ACTIVE) - Summary

Enacts "Sir Henry's law" to require the informed consent of the owner of a companion animal prior to euthanizing such animal.

2015-S1177A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1177A

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to informed consent of owners for euthanasia of a pet

PURPOSE OR GENERAL IDEA OF THE BILL:

This bill would require Owner informed consent prior to euthanasia of a
companion animal.

SUMMARY OF PROVISIONS:

Adds a new section 353-G to the agriculture and markets law regarding
informed consent of owners for euthanasia of a pet. The new section
includes the following provisions: 1) Veterinarian administering eutha-
nasia procedure shall explain to companion animal owner in truthful and
easy to understand manner:

a. various methods of humane euthanasia

b. benefits and risks of each method

c. negative impacts on the animal of each method; and

d. fully answer any questions the companion animal owner has with regard
to euthanasia of the owner's pet

2) Prohibits euthanasia by means of intracardiac injection unless the
animal is heavily sedated, anesthetized or comatose. However, allows for
intracardiac injection on animals that are not heavily sedated, anesthe-
tized or comatose only when intracardiac injection is the most humane
option available.

3) Allows owners of a companion animal that is euthanized to remain with
pet during entirety of euthanasia procedure.

4) Requires both the veterinarian and companion animal owner to sign a
form acknowledging the provisions of the law have been fully complied
with.

JUSTIFICATION:

The loss of a beloved companion animal can be a traumatic experience for
pet owners, particularly when circumstances force the pet owner to have
a veterinarian euthanize the animal. Full knowledge of the various
humane euthanasia methods, effects of each euthanasia procedure on a
companion animal, as well as -having an opportunity to ask questions and
receive answers from the veterinarian performing the procedure can help
the owner get through the traumatic experience.

The American Veterinarian Medical Association (AVMA) provides guidelines
for the euthanasia of animals. In situations of euthanasia for companion

animals the AVMA recommends that, "Owners should be fully informed about
the process they are about to observe including the potential for exci-
tation during anesthesia and other possible complications" (AVMA Guide-
lines for Euthanasia of Animals: 2013 Edition). However, since these are
only guidelines, veterinarians are not required by law to follow them in
order to ensure companion animal owners are fully informed about the
euthanasia procedure.

LEGISLATIVE HISTORY:

2013-14: S6218- Referred to Agriculture

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become a law, with provisions.

2015-S1177A (ACTIVE) - Bill Text download pdf

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

                                 1177--A
    Cal. No. 365

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Agriculture  --  reported
  favorably  from  said  committee,  ordered to first report, amended on
  first report, ordered  to  a  second  report  and  ordered  reprinted,
  retaining its place in the order of second report

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-g to read as follows:
  S 353-G.  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

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

                                                           LBD04268-03-5

S. 1177--A                          2

VETERINARIAN  MAY  PERFORM  EUTHANASIA  BY  INTRACARDIAC  INJECTION UPON
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.

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