NY State Senate Bill 2021-S6209

Senate Bill S6209

2021-2022 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 Agriculture 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
Jan 05, 2022	referred to agriculture
Jun 10, 2021	committed to rules
Apr 28, 2021	advanced to third reading
Apr 27, 2021	2nd report cal.
Apr 26, 2021	1st report cal.739
Apr 15, 2021	referred to agriculture

Votes

- Apr 26, 2021 - Agriculture Committee Vote
  S6209
  
  6
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: Apr 26, 2021
      
      aye (6)
      
      Biaggi
      
      Brisport
      
      Comrie
      
      Hinchey
      
      May
      
      Ramos
      
      nay (1)
      
      Jordan
      
      aye wr (2)
      
      Borrello
      
      Helming

2021-S6209 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §353-g, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6218
2015-2016: S1177
2017-2018: S3090
2019-2020: S1555

2021-S6209 (ACTIVE) - Summary

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

2021-S6209 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6209

SPONSOR: SERRANO
 
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 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, 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

2015-16: S1177A - Referred to Agriculture; Reported & Committed to Rules

2017-18: S3090 - Referred to Agriculture

2019-20: S1555 - Passed Senate in 2019, referred to Agriculture in 2020.

 
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.

2021-S6209 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6209
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2021
                                ___________
 
 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".
   § 2. The agriculture and markets  law  is  amended  by  adding  a  new
 section 353-g to read as follows:
   §  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
 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.

                                                            LBD03299-01-1

 S. 6209                             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.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 any  actions  necessary  to  implement the provisions of this act on its
 effective date are authorized to be made and completed on or before such
 date.

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