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AN ACT
RELATING TO ANIMALS; ENACTING THE ANIMAL SHELTERING SERVICES
ACT; CREATING LICENSING PROCEDURES FOR EUTHANASIA PROVIDERS
AND EUTHANASIA AGENCIES; CREATING CERTIFICATION PROCEDURES
FOR EUTHANASIA INSTRUCTORS; PROMOTING SAFE AND HUMANE
CONDITIONS FOR ANIMALS IN ANIMAL SHELTERS; CREATING A FUND;
CREATING A BOARD; PROVIDING BOARD POWERS AND DUTIES;
PROVIDING FOR EXEMPTIONS; PROVIDING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the
"Animal Sheltering Services Act".
Section 2. DEFINITIONS.--As used in the Animal
Sheltering Services Act:
A. "animal" means any animal, except humans, not
defined as "livestock" in Subsection L of this section;
B. "animal shelter":
(1) means:
(a) a county or municipal facility that
provides shelter to animals on a regular basis, including a
dog pound; and
(b) a private humane society or a
private animal shelter that temporarily houses stray,
unwanted or injured animals through administrative or
contractual arrangements with a local government agency; and
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(2) does not include a municipal zoological
park;
C. "board" means the animal sheltering services
board;
D. "department" means the regulation and licensing
department;
E. "disposition" means adoption of an animal;
return of an animal to the owner; release of an animal to a
rescue organization; release of an animal to another animal
shelter licensed pursuant to the Animal Sheltering Services
Act or to a rehabilitator licensed by the department of game
and fish or the United States fish and wildlife service; or
euthanasia of an animal;
F. "emergency field euthanasia" means the process
defined by rule of the board to cause the death of an animal
in an emergency situation when safe and humane transport of
the animal is not possible;
G. "euthanasia" means to produce a humane death of
an animal by standards deemed acceptable by the board as set
forth in its rules;
H. "euthanasia agency" means a facility that
provides shelter to animals on a regular basis, including a
dog pound, a humane society or a public or private shelter
facility that temporarily houses stray, unwanted or injured
animals, and that performs euthanasia;
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I. "euthanasia drugs" means non-narcotic schedule
II or schedule III substances and chemicals as set forth in
the Controlled Substances Act that are used for the purposes
of euthanasia and pre-euthanasia of animals;
J. "euthanasia instructor" means a euthanasia
provider licensed and certified by the board to instruct
other individuals in euthanasia techniques;
K. "euthanasia provider" means a person licensed
by the board to euthanize animals for a euthanasia agency;
L. "livestock" means all domestic or domesticated
animals that are used or raised on a farm or ranch and exotic
animals in captivity and includes horses, asses, mules,
cattle, sheep, goats, swine, bison, poultry, ostriches, emus,
rheas, camelids and farmed cervidae but does not include
canine or feline animals;
M. "rescue organization" means an organization
that rescues animals and is not involved in the breeding of
animals;
N. "supervising veterinarian" means a person who
is a veterinarian, who holds both a valid New Mexico
controlled substance license and a valid federal drug
enforcement agency license and who approves the drug
protocols and the procurement and administration of all
pharmaceuticals; and
O. "veterinarian" means a person who is licensed
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as a doctor of veterinary medicine by the board of veterinary
medicine pursuant to the Veterinary Practice Act.
Section 3. BOARD CREATED--MEMBERS--QUALIFICATIONS--
TERMS--VACANCIES--REMOVAL.--
A. The "animal sheltering services board" is
created. The board shall consist of nine members as follows:
(1) one euthanasia agency employee with
training and education in euthanasia;
(2) one licensed veterinarian who has
provided paid or unpaid services to an animal shelter;
(3) one representative from a nonprofit
animal advocacy group;
(4) one member of the public;
(5) a manager or director of a New Mexico
facility that provides shelter to animals on a regular basis,
provided that the manager or director selected is trained in
animal shelter standards;
(6) one representative of the New Mexico
association of counties;
(7) one representative of the New Mexico
municipal league;
(8) one member of a rescue organization; and
(9) one member of the domestic pet breeder
community.
B. No more than two board members shall be
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appointed from any one county within the state. Appointments
shall be made in such manner that the terms of no more than
two board members expire on July 1 of each year.
C. The board is administratively attached to the
department.
D. The board and its operations are governed by
the Uniform Licensing Act. If the provisions of the Uniform
Licensing Act conflict with the provisions of the Animal
Sheltering Services Act, the provisions of the Animal
Sheltering Services Act shall prevail.
E. The governor shall appoint board members for
terms of four years, except in the first year of the
enactment of the Animal Sheltering Services Act, when board
members shall be appointed for staggered terms. Of the first
appointments, three board members shall be appointed for
four-year terms, two board members shall be appointed for
three-year terms, two board members shall be appointed for
two-year terms and two board members shall be appointed for
one-year terms. Subsequent appointments shall be made to
fill vacancies created in unexpired terms, but only until the
term ends or for a full four-year term when the term of a
board member expires. Board members shall hold office until
their successors are duly qualified and appointed. Vacancies
shall be filled by appointment by the governor for the
unexpired term within sixty days of the vacancy to maintain
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the required composition of the board.
F. Members of the board shall be reimbursed for
per diem and mileage as provided in the Per Diem and Mileage
Act and shall receive no other compensation, perquisite or
allowance, but shall be permitted to attend at least one
conference or seminar per year relevant to their board
position as the board's budget will allow.
G. A simple majority of the appointed board
members constitutes a quorum.
H. The board shall hold at least four regular
meetings each year and may meet at such other times as it
deems necessary.
I. A board member shall not serve more than two
full or partial terms, consecutive or otherwise.
J. A board member failing to attend three duly
noticed meetings, regular or special, within a twelve-month
period, without an excuse acceptable to the board, may be
removed as a board member.
K. The board shall elect a chair and other
officers as it deems necessary to administer its duties.
L. The department shall hire employees to execute
the daily operations of the board. One employee shall be a
veterinarian who holds both a valid New Mexico controlled
substance license and a valid federal drug enforcement agency
license, and who will be responsible for ordering,
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maintaining and dispensing euthanasia drugs as necessary in
accordance with local, state and federal laws.
Section 4. FUND CREATED--ADMINISTRATION.--
A. The "animal care and facility fund" is created
in the state treasury. All fees collected pursuant to the
Animal Sheltering Services Act shall be deposited in the
fund.
B. The animal care and facility fund shall consist
of money collected by the board pursuant to the Animal
Sheltering Services Act; income from investment of the fund;
and money appropriated to the fund or accruing to it through
fees or administrative penalties, cooperative research
agreements, income, gifts, grants, donations, bequests, sales
of promotional items, handbooks or educational materials or
any other source. Money in the fund shall not be transferred
to another fund or encumbered or expended except for
expenditures authorized pursuant to the Animal Sheltering
Services Act.
C. Money in the fund is subject to appropriation
by the legislature to the department to be used to help
animal shelters and communities defray the cost of
implementing the board's initiatives conducted pursuant to
the Animal Sheltering Services Act. The fund shall be
administered by the department to carry out the purposes of
the Animal Sheltering Services Act.
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D. A disbursement from the fund shall be made only
upon a warrant drawn by the secretary of finance and
administration pursuant to a voucher signed by the
superintendent of regulation and licensing or the
superintendent's designee.
E. Unexpended and unencumbered balances in the
fund at the end of a fiscal year shall not revert to the
general fund.
Section 5. BOARD POWERS AND DUTIES.--The board shall:
A. provide board-recommended standards regarding
the infrastructure for all animal shelters;
B. provide board-recommended operating standards
for all animal shelters;
C. adopt methods and procedures acceptable for
conducting emergency field euthanasia;
D. adopt, promulgate and revise rules necessary to
carry out the provisions of the Animal Sheltering Services
Act;
E. have authority to issue licenses and
certificates pursuant to the Animal Sheltering Services Act;
F. establish the types of licenses and
certificates that may be issued pursuant to the Animal
Sheltering Services Act and establish criteria for issuing
the licenses and certificates;
G. prescribe standards and approve curricula for
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educational programs that will be used to train and prepare
persons for licensure or certification pursuant to the Animal
Sheltering Services Act;
H. implement continuing education requirements for
licensees and certificate holders pursuant to the Animal
Sheltering Services Act;
I. conduct administrative hearings upon charges
relating to violations of provisions of the Animal Sheltering
Services Act or rules adopted pursuant to that act in
accordance with the Uniform Licensing Act;
J. provide for all examinations and for issuance
and renewal of licenses and certificates;
K. establish fees not to exceed one hundred fifty
dollars ($150) for licenses and certificates pursuant to the
Animal Sheltering Services Act;
L. establish committees as the board deems
necessary to effect the provisions of the Animal Sheltering
Services Act;
M. apply for injunctive relief to enforce the
provisions of the Animal Sheltering Services Act;
N. conduct national criminal background checks on
applicants seeking licensure or certification under the
Animal Sheltering Services Act;
O. keep a record of all proceedings;
P. make an annual report to the legislature and to
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the governor;
Q. provide for the inspection of animal shelters
and euthanasia agencies;
R. develop mechanisms to address complaints of
misconduct at animal shelters and euthanasia agencies and
noncompliance with the provisions of the Animal Sheltering
Services Act or rules adopted pursuant to that act;
S. develop mechanisms to address complaints of
licensee and certificate holder misconduct and noncompliance;
T. develop and implement comprehensive dog and cat
spay and neuter plans and community outreach plans in support
of and in conjunction with animal shelters and euthanasia
agencies;
U. disburse money from the animal care and
facility fund;
V. provide board-recommended standards for
maintaining records concerning health care and disposition of
animals; and
W. refer to national animal control association
standards in determining its regulations.
Section 6. EUTHANASIA PROVIDER--LICENSE.--
A. The board shall have authority to license
euthanasia providers.
B. A person, other than a veterinarian licensed to
practice in New Mexico, who engages in euthanasia for a
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euthanasia agency in this state shall be licensed by the
board.
C. Applicants for licensure by examination as a
euthanasia provider shall be required to pass a euthanasia
provider examination administered by the board and shall be
required to complete a training course approved by the board
in euthanasia practices.
D. The board shall adopt rules to provide for
interim placements for euthanasia agencies that have no
permanent employees who are euthanasia providers.
E. A person licensed to practice as a euthanasia
provider shall:
(1) have passed the examination to qualify
as a euthanasia provider;
(2) hold a certificate of completion in a
training course in euthanasia issued within three years of
the date that the euthanasia provider examination is
successfully completed;
(3) have attained an age of at least
eighteen years;
(4) not be guilty of fraud or deceit in
procuring or attempting to procure a license;
(5) pay the required fee to be determined by
the board, but not to exceed fifty dollars ($50.00); and
(6) comply with all other requirements
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established by the board.
F. The board may issue a license to practice as a
euthanasia provider without examination to an applicant who
meets the qualifications required for euthanasia providers in
this state as set forth in Paragraphs (3) through (6) of
Subsection E of this section. The application for a license
as a euthanasia provider shall be accompanied by proof of
completion of training in euthanasia practices, as approved
by the board.
G. A person whose euthanasia provider license
expires while the person is on active duty with a branch of
the armed forces of the United States, called into service or
training with the state militia or in training or education
under the supervision of the United States government prior
to induction into military service may have the license
restored without paying renewal fees, if within two years
after the termination of that service, training or education,
except under conditions other than honorable, the board is
furnished with satisfactory evidence that the person had been
engaged in the service, training or education.
Section 7. EUTHANASIA INSTRUCTORS--CERTIFICATION.--
A. The board shall have authority over the
certification of euthanasia instructors.
B. A person certified to practice as a euthanasia
instructor shall:
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(1) have passed the examination administered
by the board to qualify as a euthanasia instructor;
(2) have completed instructor training in
euthanasia practices, as defined by the board, within one
year preceding the date the application for certification is
submitted;
(3) have participated in the euthanasia of
animals for a minimum of three years preceding the date of
application;
(4) not have been found guilty of fraud or
deceit in procuring or attempting to procure any type of
certification; and
(5) pay the required fee.
C. The board may certify an applicant as a
euthanasia instructor without an examination if the applicant
has been certified or licensed under the laws of another
state and the applicant meets the qualifications set forth in
Paragraphs (3) through (5) of Subsection B of this section.
The application for certification shall be accompanied by
proof of completion of instructor training in euthanasia
practices, as approved by the board.
D. A person whose euthanasia instructor
certification expires while on active duty with the armed
forces of the United States, called into service or training
with the state militia or in training or education under the
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supervision of the United States government prior to
induction into military service may have the certification
restored without paying renewal fees, if within two years
after the termination of that service, training or education,
except under conditions other than honorable, the board is
furnished with satisfactory evidence that the person has been
engaged in such service, training or education.
Section 8. EUTHANASIA AGENCIES--INSPECTIONS--
EXEMPTIONS.--
A. The board shall have authority over the
licensing of euthanasia agencies. All euthanasia agencies
shall be licensed by the board prior to euthanasia being
performed by that agency.
B. The board shall adopt rules governing the
procedures for administering euthanasia.
C. The board shall establish rules for inspecting
a facility holding or claiming to hold a license as a
euthanasia agency in this state.
D. The board shall establish policies and procedures for
record keeping and for securing, using and disposing of
euthanasia drugs in accordance with requirements of the
Controlled Substances Act, the federal drug enforcement
agency Controlled Substances Act and the rules of the board
of pharmacy.
E. Euthanasia agencies using controlled substances
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shall have on staff or under contract a supervising
veterinarian and a consulting pharmacist as that position is
defined in the Pharmacy Act.
F. A supervising veterinarian is not required to
be on the premises of a euthanasia agency when euthanasia is
performed.
G. Nothing in the Animal Sheltering Services Act
shall be construed as allowing a licensed euthanasia provider
or a certified euthanasia instructor to engage in the
practice of veterinary medicine when performing the duties
set forth in that act.
H. Nothing in the Animal Sheltering Services Act
shall be construed as preventing a certified euthanasia
instructor from euthanizing animals during a board-approved
course on euthanasia instruction.
I. Nothing in the Animal Sheltering Services Act
affects wildlife rehabilitators working under the auspices of
the department of game and fish.
J. A veterinary clinic serving as a euthanasia
agency pursuant to a contract with a local government is
exempt from the provisions of the Animal Sheltering Services
Act; provided that the veterinary clinic is subject to
licensure and rules adopted pursuant to the Veterinary
Practice Act.
K. A municipal facility that is a zoological park
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is exempt from the provisions of the Animal Sheltering
Services Act.
Section 9. VIOLATIONS.--
A. Unless otherwise provided in the Animal
Sheltering Services Act, it is a violation of that act for a
person to:
(1) perform euthanasia for a euthanasia
agency or an animal shelter in this state without possessing
a valid license pursuant to the Animal Sheltering Services
Act;
(2) solicit, advertise or offer to perform
an act for which licensure or certification is required
pursuant to the Animal Sheltering Services Act, unless the
person holds a license or certification;
(3) refuse to comply with a cease and desist
order issued by the board;
(4) refuse or fail to comply with the
provisions of the Animal Sheltering Services Act;
(5) make a material misstatement in an
application for licensure or certification;
(6) intentionally make a material
misstatement to the department during an official
investigation;
(7) impersonate an official or inspector;
(8) refuse or fail to comply with rules
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adopted by the board or with a lawful order issued by the
board;
(9) aid or abet another in violating
provisions of the Animal Sheltering Services Act, or a rule
adopted by the board;
(10) alter or falsify a certificate of
inspection, license or certification issued by the board;
(11) fail to carry out the duties of a
euthanasia provider in a professional manner;
(12) abuse the use of a chemical substance
or be guilty of habitual or excessive use of intoxicants or
drugs;
(13) sell or give chemical substances used
in euthanasia procedures to an unlicensed person; and
(14) assist an unlicensed or unauthorized
person in euthanizing animals, except during a board-approved
course in euthanasia.
B. It is a violation of the Animal Sheltering
Services Act for a euthanasia agency or an animal shelter to:
(1) refuse to permit entry or inspection of
its facilities by the board or its designees;
(2) sell, offer for sale, barter, exchange
or otherwise transfer animals that are prohibited by the
department of game and fish, the United States department of
agriculture or any other regulatory agency to be kept unless
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the sale, offer for sale, bartering, exchanging or
transferring of the animal is to a facility employing
permitted rehabilitators or an individual that is a permitted
rehabilitator pursuant to the rules adopted by the department
of game and fish or another agency that has authority over
people who are permitted to receive and provide care for such
animals;
(3) allow a license or certificate issued
pursuant to the Animal Sheltering Services Act to be used by
an unlicensed or uncertified person; or
(4) make a misrepresentation or false
promise through advertisements, employees, agents or other
mechanisms in connection with the euthanasia of an animal.
C. It is a violation of the Animal Sheltering
Services Act for an employee or official of the board or a
person in the department to disclose or use for that person's
own advantage information derived from reports or records
submitted to the department or the board pursuant to that
act.
Section 10. ENFORCEMENT AND INJUNCTIONS.--
A. The board or the board's designees shall
enforce the provisions of the Animal Sheltering Services Act.
B. Whenever the board has reasonable cause to
believe a violation of a provision of the Animal Sheltering
Services Act or a rule adopted pursuant to that act has
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occurred that creates a health risk for the animals or the
community and immediate enforcement is deemed necessary, the
board may issue a cease and desist order to require a person
to cease violations. At any time after service of the order
to cease and desist, the person may request a prompt hearing
to determine whether a violation occurred. If a person fails
to comply with a cease and desist order within twenty-four
hours, the board may bring a suit for a temporary restraining
order and for injunctive relief to prevent further
violations.
C. Whenever the board possesses evidence that
indicates a person has engaged in or intends to engage in an
act or practice constituting a violation of the Animal
Sheltering Services Act or a rule adopted pursuant to that
act, the board may seek temporarily or permanently to
restrain or enjoin the act or practice. The board shall not
be required to post a bond when seeking a temporary or
permanent injunction.
Section 11. DISCIPLINARY ACTIONS--EUTHANASIA PROVIDERS,
EUTHANASIA AGENCIES AND EUTHANASIA INSTRUCTORS--HEARINGS--
PENALTIES.--
A. The provisions of the Uniform Licensing Act
apply to all disciplinary procedures and hearings of the
board.
B. The board may:
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(1) deny, suspend, revoke, reprimand, place
on probation or take other action against a license or
certificate held or applied for pursuant to the Animal
Sheltering Services Act, including imposing an administrative
penalty, upon a finding by the board that the licensee,
certificate holder or applicant has performed acts in
violation of the Animal Sheltering Services Act or a rule
adopted pursuant to that act; and
(2) impose an administrative penalty on a
person who makes a false representation as being a licensed
euthanasia provider, a certified euthanasia instructor or a
licensed euthanasia agency.
C. The board may issue letters of admonition or
deny, suspend, refuse to renew, restrict or revoke a license
or certification authorized pursuant to the Animal Sheltering
Services Act if the applicant or licensee:
(1) has refused or failed to comply with a
provision of the Animal Sheltering Services Act, a rule
adopted pursuant to that act or an order of the board;
(2) is guilty of cruelty to animals pursuant
to a statute of this state or another state;
(3) has had an equivalent license or
certificate denied, revoked or suspended by an authority;
(4) has refused to provide the board with
reasonable, complete and accurate information regarding the
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care or euthanasia of animals when requested by the board; or
(5) has falsified information requested by
the board or the board's designee.
D. In a proceeding held pursuant to this section,
the board may accept as prima facie evidence of grounds for
disciplinary action any disciplinary action taken against a
licensee from another jurisdiction, if the violation that
prompted the disciplinary action in that jurisdiction would
be grounds for disciplinary action pursuant to this section.
E. Disciplinary proceedings may be instituted by
the board or by a complaint to the board.
F. The board shall not initiate a disciplinary
action more than two years after the date that it receives a
complaint or that it begins an investigation without a filed
complaint.
G. The board may administer oaths, take statements
and compel disclosure by the witnesses of all facts known to
them relative to matters under investigation.
H. The board may impose an administrative penalty
in an amount not to exceed five hundred dollars ($500) on a
holder of a license or certificate for violations of the
Animal Sheltering Services Act.
I. A person or euthanasia agency whose license or
certificate is suspended or revoked by the board pursuant to
the provisions of this section may, at the discretion of the
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board, obtain a license or certificate at any time without
examination upon written application to the board showing
cause to justify reinstatement or renewal of the license or
certificate.
J. The board shall adopt other rules pertaining to
hearings, appeals and rehearings as it deems necessary.
K. The board shall not be required to certify a
record to the court of appeals of a decision of the board
until the proper fee has been paid to the board for a copy and
certification of the record.
L. A person engaging in acts without a license or
certificate issued by the board is guilty of a misdemeanor.
M. A person who practices, offers to practice,
attempts to practice or makes any representation as being a
euthanasia provider, a euthanasia instructor or a licensed
euthanasia agency without holding a license or certificate
issued by the board shall, in addition to any other penalty
provided in this section or any other law, pay an
administrative penalty to the board in an amount not to exceed
five hundred dollars ($500) for each offense.
Section 12. TERMINATION OF AGENCY LIFE--DELAYED
REPEAL.--The animal sheltering services board is terminated on
July 1, 2011 pursuant to the Sunset Act. The board shall
continue to operate according to the provisions of the Animal
Sheltering Services Act until July 1, 2012. Effective July 1,
pg_0023
SB 458
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2012, the Animal Sheltering Services Act is repealed.