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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2013

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Notice is hereby given that a public comment period for proposed 906 Euthanasia of Animals in Shelters Regulations will open on April 1, 2013 and close on April 30, 2013. The purpose of the public comment period is to provide the public time to consider the proposed regulation; 906 Euthanasia of Animals in Shelters Regulations and to make comment with regard to the adoption of said regulations. These proposed regulations have been developed pursuant to 3 Del.C. §8004. The proposed regulations govern the acceptable methods of euthanasia, as well as the standards for sanitation and ventilation of the euthanasia areas, for animals held animal shelters. These regulations were developed by the Poultry and Animal Health Section of the Delaware Department of Agriculture in consultation with the Delaware Board of Veterinary Medicine, Division of Professional Regulation.
The proposed regulations are posted on the Delaware Department of Agriculture website (www.dda.delaware.gov). Hard copies of the proposed regulations may be obtained from the Delaware Department of Agriculture. Comments may be submitted in writing and/or e-mail to Heather Hirst (Heather.Hirst@state.de.us) at the Delaware Department of Agriculture, on or before April 30, 2013. A public hearing on these regulations will NOT be held unless the Secretary of Agriculture receives a request within 30 days from this notice, or if the Secretary determines that a public hearing is in the public interest. A request for a hearing shall be in writing and shall state the nature of the issues to be raised at the hearing. It must show familiarity with the proposal and a reasoned statement of the proposed regulations impact. It is requested that written comments or requests for a hearing be addressed to:
These regulations have been developed pursuant to 3 Del.C. §8004, by the Poultry and Animal Health Section of the Delaware Department of Agriculture in consultation with the Board of Veterinary Medicine, Division of Professional Regulation (DPR). This statutory and regulatory authority establishes the requirement that animals held in shelters are euthanized humanely by trained and certified persons. The Delaware Department of Agriculture (DDA) will manage these regulations in conjunction with the Board of Veterinary Medicine, DPR. In general, the DPR will oversee training requirements for those persons performing euthanasia in animal shelters, as provided in these regulations. The certified lay person must be trained according to the guidance provided in these regulations. The "certified lay person" designation will be phased out over time. All individuals performing euthanasia in animal shelters shall be a licensed veterinarian or a licensed euthanasia technician, as of [18 months from the effective date of this Rule].Euthanasia technicians will be trained and licensed in accordance with Title 24.
1.1 Authority. These regulations are promulgated pursuant to the authority provided by 3 Del.C. §8004. The State Veterinarian or her or his designee shall have the authority to administer these regulations and shall be responsible for making the determinations required herein.
"Animal shelter" means a public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals and that is operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. "Animal shelter" shall not include individuals providing temporary foster care to animals in their home or to animal rescue groups sheltering animals on an individual's private property.
"Certified Lay Person" is the designation to be used for the individual defined according to 3 Del.C. §8004(d)(3c). "Certified lay person" means a person certified by a licensed veterinarian, after passing both a written and practical examination, as proficient to perform euthanasia. The certified lay person designation will be phased out. All individuals performing euthanasia in animal shelters shall be a licensed veterinarian or a licensed euthanasia technician, as of [18 months from the effective date of this Rule].
"Licensed Euthanasia Technician" is the designation to be used for the individual defined according to 3 Del.C. §8004(d)(3b). "Licensed euthanasia technician" means an individual licensed as a euthanasia technician pursuant to Title 24. The licensed euthanasia technician is only permitted to perform euthanasia within an animal shelter of employment.
"Policy and Procedure Manual" means a manual, or part of an animal shelter's policy and procedure manual, developed in conjunction with a shelter's consulting or staff veterinarian, which explains each shelter's protocol for euthanasia.
Last Updated: December 31 1969 19:00:00.
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