NECESSITY, FUNCTION, AND CONFORMITY:
321.207(1) permits the
Kentucky Board of Veterinary Examiners to authorize an animal control agency to
apply for a registration certificate by the United States Drug Enforcement
Administration (DEA) to euthanize animals.
321.207(2) requires the
applicant agency to comply with administrative regulations that establish
standards for the proper storage and handling of the drugs the board has
authorized for use, and other provisions that may be necessary to ensure that
the drugs are used safely and solely for the purpose of euthanizing animals.
authorize the board to promulgate administrative regulations to implement KRS
Chapter 321. This administrative regulation establishes the certification
requirements, standards for proper drug storage, and drugs that may be used by
certified animal control agencies and the certified animal euthanasia
specialists they employ.
(1) The applicant
animal control agency shall apply to the board for authorization as established
A complete application to the board shall
include the following components:
completed Application for Certification as an Animal Control Agency form or
online equivalent form, including all required attachments;
(b) Identification of the agency designated
(c) A complete and
current list of all individuals preforming euthanasia activities at the animal
control facility; and
(3) Prior to the board's issuance of the
certificate of authorization, the applicant shall undergo an inspection of the
facility by the board inspector or other designee of the board.
(4) Following board application approval, the
applicant shall apply to DEA for registration as a practitioner and designate
"animal shelter" on the appropriate DEA form.
(5) A certified animal control agency shall
submit to inspection by a board representative at any time, with or without
(6) A certified
animal control agency shall designate an onsite manager of the shelter. The
agency shall notify the board in writing within ten (10) days of any change in
the onsite manager of the shelter.
(7) Background checks. The board may conduct
a national or jurisdictional level background check on each designated shelter
manager. The check shall be processed by a board approved background check
provider, and may include a copy of the designated manager's fingerprints
captured at a board approved location. The board may reject background checks
that do not have an official seal or watermark, or that are more than ninety
(90) days old. The board may impose additional requirements as a condition of
certification for the animal control agency or deny certification following the
board's review of findings from a background check.
Animal control agency certificate renewal
An animal control agency
shall renew the board certification annually in accordance with
Failure to renew the certificate for an
animal control agency shall result in the following actions by the board:
1. The animal control agency certificate
shall be moved to expired status;
2. All certified animal euthanasia
specialists under the employment of the formerly certified animal control
agency shall be moved to inactive status; and
3. The DEA shall be notified of the lapse in
An animal control agency with an expired
certificate shall have five (5) years to reinstate their certificate by
submitting a completed Reinstatement Application for Animal Control Agencies
form or online equivalent form, including all required attachments and payment
of the application fee pursuant to
2. The animal control agency shall undergo
inspection by an authorized representative of the board in accordance with
subsection (3) of this section prior to the reinstatement of a
After five (5)
years, the agency shall apply for a new certificate in accordance with this
administrative regulation and
Section 2. Approved Drugs. A certified animal
control agency shall be restricted to the purchase of sodium pentobarbital and
other euthanasia drugs currently approved by the American Veterinary Medical
Association (AVMA) for the purpose of euthanizing animals. DEA's Schedule II
order forms (titled "DEA-222") shall be used for each purchase of sodium
pentobarbital or other AVMA approved euthanasia drugs.
(1) A certified animal control agency shall
maintain records of purchases and administration of sodium pentobarbital and
other AVMA approved euthanasia drugs for a period of not less than two (2)
administration shall include, at a minimum, the following information:
(a) The date of use;
(b) Identification of the animal;
(c) The amount of the drug used;
(d) The signature of the person administering
(e) The signature of the
onsite manager certifying the accuracy of the administration of sodium
pentobarbital and other AVMA approved euthanasia drugs not less than once per
(f) The signature of the
onsite manager certifying to the accuracy of the records.
(3) Records of purchase and destruction of
sodium pentobarbital and other AVMA approved euthanasia drugs shall be
maintained in a separate file from the records of administration of those
(4) The records of
purchase, destruction, and administration may be audited by representatives of
the DEA or authorized designees of the board to determine adequacy, accuracy,
and validity of the recordkeeping. The board may impose restrictions and
administrative penalties on certificate holders as a result of substandard
controls or records of the drugs.
(5) The records of purchase, destruction, and
administration shall be maintained at the location of the agency.
(1) Sodium pentobarbital and other AVMA
approved euthanasia drugs shall be stored in a securely locked cabinet within a
locked storage room or other enclosure at the certified animal control
(2) Schedule II order forms
shall be stored in a securely locked cabinet, separate from the storage
location of the drugs, within a locked storage room or other enclosure at the
certified animal control agency.
Section 5. Disposal of Needles and Medical
Waste. All needles generated in the process of euthanizing animals shall be
disposed of pursuant to
Section 6. Disciplinary Action. An animal
control agency and its employees shall be subject to disciplinary action
321.351 for a violation of state or federal
statutes or administrative regulations.
Incorporation by Reference.
The following material is incorporated by
(a) "Application for Certification
as an Animal Control Agency", 3/2020; and
(b) "Reinstatement Application for Animal
Control Agencies", 3/2020.
This material may be inspected, copied,
or obtained, subjected to applicable copyright law, at the Kentucky Board of
Veterinary Examiners, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday
through Friday, 8:00 a.m. to 4:30 p.m. This material may also be obtained at