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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsFebruary 2015

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(16 Del.C. §§3004F(d) & and 3008F9(a))
On February 1, 2015, the Department of Health and Social Services, Division of Public Health, Office of Animal Welfare, plans to publish proposed regulations for Animals Held in Shelter and hold them out for public comment per Delaware law.
These regulations are promulgated by the Delaware Department of Health and Social Services pursuant to 16 Del.C. §§3004F(d) and 3008F(a) pertaining to animals held in shelter and shall apply to any animal shelter in Delaware.
Copies of the proposed regulation are available for review in the February 1, 2015 edition of the Delaware Register of Regulations, accessible online at: http://regulations.delaware.gov/default.shtml or by calling the Office of Animal Welfare Section at 302-255-4626.
Email: christina.motoyoshi@state.de.us
1.1 These regulations are promulgated by the Delaware Department of Health and Social Services pursuant to 16 Del.C. §§3004F(d) and 3008F(a) pertaining to animal shelter standards and shall apply to any animal shelter as defined in Section 2.0.
"Adoption" means the permanent transfer of ownership/guardianship of a companion animal from a shelter to a new owner/guardian.
"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.
"Applicant" means a person that has submitted an application for certification as an euthanasia technician in an animal shelter for which they work.
"Certified euthanasia technician" is the designation to be used for the individual defined according to 16 Del.C. §3004F(d)(4d). "Certified euthanasia technician" means a person certified by a licensed veterinarian and the Office of Animal Welfare, after passing both a written and practical examination, as proficient to perform euthanasia in an animal shelter setting.
"Department'' means the Department of Health and Social Services or its duly authorized representatives.
"Euthanasia" is the act of inducing painless death.
"Euthanasia rate" is the number of animals in custody of an animal shelter that have been euthanized. This shall not include euthanasia of privately owned pets.
"Intake rate" means the number of live animals for which an animal shelter assumes responsibility and are admitted for temporary shelter and care.
"Licensed veterinarian" means a veterinarian licensed to practice veterinary medicine pursuant to Title 24.
"Licensed veterinary technician" means an individual licensed as a veterinary technician pursuant to Title 24.
"Office" means the Office of Animal Welfare or its duly authorized representatives.
"Pre-euthanasia anesthetics" means drugs administered prior to the administration of the euthanasia drug, which render an animal unconscious, immobilized, and with total loss of ability to perceive pain while retaining functions vital for life.
3.2 Individuals seeking certification as a euthanasia technician shall submit a written application documenting their qualifications to the Office of Animal Welfare, Carvel Building, 1901 N. Dupont Highway, New Castle, DE 19720.
15.1.2 The Department or its duly authorized representative(s) shall have the power to enter at all reasonable times, during ordinary business hours, for the purpose of determining whether or not there is compliance with or violations of 16 Del.C. §3008F. If violations outside the scope of authority of the Department are discovered, such as violations that could be considered crimes under Title 9, the Department will notify the proper authorities.
Last Updated: December 31 1969 19:00:00.
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