1.1. Scope. -- This rule establishes guidelines for the training,
examination and procedures by which animal euthanasia technicians may be
certified by the West Virginia Board of Veterinary Medicine and
establishes approved methods of animal euthanasia and expands as well as
defines qualifications for certified animal euthanasia.
1.2. Authority. -- W. Va. Code §30-10-6.
1.3. Filing Date. -- April 23, 2018.
1.4. Effective Date. -- July 1, 2018.
1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on July 1, 2028.
2.1. Before any person may take the examination for
certification in the state of WV, he or she shall submit an application
along with the non-refundable fees to the Board. The application shall
contain the following information, which shall be retained in the
applicant’s file:
2.1.a. Applicant’s name, address, and certified copy
of the applicant’s birth certificate or official record of birth;
2.1.b. Verification of US citizenship or documentation
of applicant’s authority to reside and work in the United States;
2.1.c. Proof of high school diploma or equivalent;
2.1.d. Certified written verification of name changes;
2.1.e. A current photograph. Applicant shall be alone in the photo;
2.1.f. Applicant shall indicate whether he or she
has ever been denied a certification or had a certification restricted
or disciplined in any other state or jurisdiction with the name of the
state or jurisdiction;
2.1.g. Verification of applicant’s status as a
certification from each state or jurisdiction where he or she now holds
or ever held a certificate;
2.1.h. The applicant shall tender the required fees as contained in the Schedule of Fees with the application;
2.1.i. The applicant shall certify that he or she will
abide by the laws of this State regulating the practice of animal
euthanasia technology and that he or she will abide by the rules of the
Board;
2.1.j. The application shall be signed by the applicant.
2.2. An applicant furnishing false information in an
application shall be denied the right to take the examination. If the
applicant has been certified before the Board becomes aware of the
falseness of the information, the certificate is subject to disciplinary
action including, but not limited to, suspension, and or revocation.
2.3. Once the application is complete and all fees have been
received, the Board will notify the applicant of their eligibility to
take the written practical, practical skills, and jurisprudence
examinations.
2.4. If an applicant is found not qualified to
take the examination, the Board shall notify the applicant in writing
at the applicant's address as listed on the application, of the finding
and the grounds upon which the finding is based. An applicant found not
qualified may demand a hearing. The application fee of any applicant
found not qualified to take the examination is non-refundable.
3.1. The Board may formulate and administer programs to
teach applicants the legal, safety and practical information necessary
to perform the duties of a certified animal euthanasia technician. The
Board may also approve programs sponsored by professional training
organizations to provide the training for certified animal euthanasia
technicians.
3.2. The administration of the program sponsored by a
professional training organization shall be in accordance with the laws,
rules, practices, policies, or procedures prescribed by the Board or
its designees.The Certified Animal Euthanasia Technician Training Manual
is incorporated by reference.
3.3. The Board shall annually appoint a minimum of 1 or a
maximum of 2 board members who are veterinarians for the purpose of
administering the practical skills examination to applicants for
certification as an animal euthanasia technician, or may assign
administration of the examination to a veterinarian or veterinarians
licensed to practice in this state.
3.4. The Board member or members, or authorized veterinarian
shall conduct the practical skills examination to determine the
applicants’ ability in meeting the requirements for animal euthanasia
technology in the State of WV.
3.5. The Board member or members or authorized veterinarian
who administer the practical examination shall determine failure or
passing of the practical examination.
3.6. The Board shall offer the certified animal euthanasia
technician training program and the written and practical skills
examination at least once a year.
4.1. Jurisprudence examinations shall cover the laws
governing animal euthanasia technology in the State of West Virginia.
4.2. Examinations are the property of the Board and shall not be duplicated in any form.
5.1. The Board shall issue a certificate to a qualified
candidate who passes the examinations and meets the requirements of the
Board to practice the profession of animal euthanasia technology and
upon payment of the certification fee. If any certified animal
euthanasia technician desires that a duplicate registration be issued,
the Board shall issue a duplicate registration upon payment of the fee
as set forth in the Schedule of Fees.
5.2. The certificate issued by the Board shall include the
certificate holder’s full name, registration number, the Board seal, the
effective date and the expiration date and shall bear the signatures of
the Chairperson and Secretary-Treasurer of the Board.
6.1. The Board shall notify each certified animal euthanasia
technician that his or her certification will expire on December 31 but
failure to receive the notification does not exempt a certificate
holder from meeting the requirements of this rule.
6.2 A certified animal euthanasia technician who desires to
continue to be certified shall, starting October 1 through December 31
of each year, renew his or her certification by completing the required
certification renewal, paying the annual renewal fee as specified in the
Schedule of Fees, and certify to the Board that he or she has completed
all continuing education requirements.
6.3. A certified animal euthanasia technician who desires to
continue his or her certification in good standing to practice animal
euthanasia technology shall undertake at least 6 (50 minute) units of
Board approved continuing education units in the field of animal
euthanasia technology during each calendar year. Classroom or online
courses will be permitted. No periods may be accumulated, carried
forward, or held over past the calendar year in which the hours of
continuing education were completed.
6.4. The Board may provide a continuing education course
annually for certified animal euthanasia technicians as specified in the
Schedule of Fees.
6.5. Certificate holders are required to maintain original
documents verifying the date and subject of the program or course, the
number of continuing education hours or credits, and certification from
an approved sponsor. Original documents must be maintained for a period
of two years following renewal.
6.6. The Board may grant continuing education hardship
extensions by request of the certificate holder. The Board shall only
consider hardship extensions from certificate holders who the Board
determines were prevented from completing the required continuing
education hours within the year due to verified medical emergencies or
military obligations beyond the certificate holder’s control. Requests
for a hardship extension must be received in the Board’s office by
December 15.
6.7. If an extension is granted by the Board for completion
of approved continuing education hours, the technician shall file the
renewal application with the renewal fee. The Board shall renew the
certificate contingent upon the certificate holder completing the
mandatory continuing education within a period determined by the Board
from the current year’s expiration date of December 31.
6.8. The renewal certificate in hardship extension, shall be
issued for the period required to complete the mandatory continuing
education, and shall be extended to December 31 upon receipt of
acceptable written documentation of completing the continuing education.
The continuing education hours completed during the extension period
shall not be applied toward satisfaction of continuing education in the
year completed and shall be separate from continuing education
requirements for current year renewals.
6.9. An animal euthanasia technician issued a hardship
extension for completion of continuing education shall submit
documentation of completion prior to the end of the Board approved
extension period. Continued practice past the authorized extension
period without a written renewal certificate from the Board constitutes
the practice of animal euthanasia technology without a certificate.
6.10. Upon receipt of the completed renewal
application and fee, the Board shall issue a renewal certificate bearing
the number of the certification, the period for which the certification
is renewed, and any other information the Board considers necessary.
6.11. Certifications issued by the Board shall be posted in a
place conspicuous to the public at the establishment where animal
euthanasia technology is being provided.
6.12. Certified animal euthanasia technicians shall notify
the Board of any change of address, and forward the notice to the Board
no later than the effective date of the change of address.
7.1. Chemical Restraint Drugs are those drugs approved by
the Board for administration prior to lethal injection of an animal to
reduce aggressiveness and/or mobility of the animal being euthanized.
7.2. Recordkeeping requirements for approved chemical
restraint drugs shall be identical to the recordkeeping requirements for
animal euthanasia drugs.
8.1. The Board may deny, suspend or revoke a certification,
impose a civil penalty, place a person’s certificate on probation,
reprimand a certificate holder, refuse to examine an applicant or issue a
certification or renew a certification, as provided by law and as
provided by this rule if it finds an applicant or certificate holder:
8.1.a. Has presented to the Board false or fraudulent
evidence of qualification or has been found to be guilty of fraud or
deception in the process of securing a certificate;
8.1.b. Is chronically or habitually intoxicated, has a chemical dependency or is addicted to drugs;
8.1.c. Has engaged in dishonest,
unethical, or illegal practices in or connected with the practice of
animal euthanasia technology, or has been convicted of a misdemeanor
related to the practice of animal euthanasia technology or animal abuse
or neglect;
8.1.d. Has been convicted of a felony under the laws
of state, jurisdiction, or federal government of the United States or
any other crime involving moral turpitude;
8.1.e. Has engaged in practices or conduct in
connection with the practice of animal euthanasia technology which
violate the standards of professional conduct as established by the
Board;
8.1.f. Has permitted or allowed another to use his or
her certification to practice animal euthanasia in this or any other
state;
8.1.g. Has committed fraud in the application or record keeping of any animal;
8.1.h. Has failed to maintain records at the place
of business of the certified animal euthanasia technician which shall
include, but not be limited to those specified in Section 9 of this
rule;
8.1.i. Has performed unnecessary or unauthorized treatment;
8.1.j. Has participated in any unlawful, unethical or inhumane act[I5] ;
8.1.k. Used Sodium Pentobarbital, Sodium
Pentobarbital compounds or any other Board approved euthanasia
solutions, sedatives, or tranquilizers for pre-euthanasia administration
for any purpose other than humane animal euthanasia or that the
permitted facility has failed to abide by the rules for the safe and
efficient purchase, possession, or administration of Board approved
euthanasia solutions, sedatives, or tranquilizers for pre-euthanasia
administration; or
8.1.l. Has received disciplinary action in another
jurisdiction, including the suspension, probation or revocation of a
certificate holder as an animal euthanasia technician issued by another
jurisdiction.
8.2. The Board may also suspend or revoke the certificate
of a certificate holder who is found to be mentally incompetent by a
court of competent jurisdiction. If the certificate holder is later
determined to be mentally competent by a court, the Board may reinstate
the certificate.
8.3. On conviction of or determination of conviction of a
person certified by the Board of a felony, the Board may, after an
administrative hearing in which the facts of conviction are determined,
suspend or revoke the person's certificate. The Board may not reinstate
or reissue a certificate holder to a person whose certification is
suspended or revoked under this section except on an express
determination of the Board based on substantial evidence contained in an
investigative report, indicating that the reinstatement or reissuance
of the certificate holder is in the best interests of the public and of
the person whose certification has been suspended or revoked.
8.4. If a person violates this rule in a manner that
constitutes grounds for disciplinary action by the Board, the Board may
assess the costs of the investigation, hearing, hearing examiner, legal
fees, and all other reasonable and necessary costs incurred by or on
behalf of the Board to the certificate holder who was the subject of the
disciplinary action.
8.5. The Board may inspect an animal control facility,
animal shelter or humane society which employs a certified animal
euthanasia technician to determine if it complies with the requirements
for possession, administration, purchase or storage of approved
euthanasia solutions, or sedatives or tranquilizers for pre-euthanasia
administration, as established by the Board.
9.1. Certified animal euthanasia technicians that have a
Federal Drug Enforcement Administration (DEA) number and administer
controlled substances shall comply with the federal and state laws
pertaining to the usage of controlled substances; including maintaining a
register, which shall indicate the following:
9.1.a. Identification of the animals euthanized;
9.1.b. Method utilized for the euthanasia of each animal;
9.1.c. Drugs administered, including dosage;
9.1.d. Date of euthanasia;
9.1.e. Method of sanitary disposal of animal’s remains; and
9.1.f. An inventory of all receipts, administrations
and distributions of all euthanasia solutions, sedatives and
tranquilizers.
9.2. The certified animal euthanasia technician and the
administrators of the animal control facility, humane society or animal
shelter shall maintain the records on the business premises for a period
of 3 years.
9.3. In the case of the cancellation of certification of an
animal euthanasia technician, the records shall be maintained by the
facility’s administrators.
10.1. The certified animal euthanasia technician shall
maintain all controlled substances, sedatives and tranquilizers under
his or her authority in a properly secured and locked storage container when the Certified Animal Euthanasia Technician is not in the same room with the drug.
10.2. Only the certified animal euthanasia technician shall have access to the drug storage container.
10.3. The manufacturers’ instructions shall be followed in
the preparation of all lethal injections or chemical restraint drugs.
10.4. Needles shall be of medical quality, and shall not be
used if they are dirty, clogged, barbed, or might otherwise cause
unnecessary discomfort for the animal. Needles may not be used more than
5 times.
10.5. Syringes shall be of medical quality. They may be reused if they are properly cleaned.
10.6. Needles and syringes shall be kept in the same secure storage as the lethal drugs and chemical restraint drugs.
10.7. Needles and syringes shall be disposed of in a proper container, as required by state law.
11.1. A new animal euthanasia facility shall submit a
facility registration application along with the non-refundable required
fee to the Board.
11.2. A registered animal euthanasia facility that is
euthanizing animals shall be inspected by the Board on a rotating basis
every 2 years, except when the Board requires a re-inspection due to the
facility not meeting all requirements for that type of facility at the
routine inspection. Additionally, the Board may inspect a facility at
any time for just cause after the Board determines that the facility
meets the respective provisions for operation under this rule may it
lawfully operate.
11.3. A registered animal euthanasia facility operating
shall complete and file annually, on or before June 30, on a form
approved by the Board, an annual animal euthanasia facility
registration, and shall pay the animal euthanasia facility annual permit
fee, as prescribed in the Schedule of Fees.
11.4. The Board shall not issue a renewal certificate to an
animal euthanasia technician of an animal euthanasia facility that has
not filed an annual facility registration, or that has refused to allow a
representative of the Board to inspect the euthanasia facility during
the facility’s regular business hours.
11.5. The Board may revoke or suspend a facility registration for not being in compliance with this Rule.
12.1. Certified animal euthanasia technicians who cease
employment with the animal control facility or humane society listed on
their DEA registration shall notify the Board in writing immediately,
regardless of the reason.
13.1. Beginning July 1, 2018, and in addition to all of the
requirements for certification, an applicant for an initial
certification to practice as an animal euthanasia technician in West
Virginia shall request and submit to the Board the results of a state
and a national criminal history record check.
13.2. The purpose of the criminal history record check is to
assist the Board in obtaining information that may relate to the
applicant's fitness for certification.
13.3. In addition to the State Police, the Board may contract
with and designate a company specializing in the services required by
this section instead of requiring the applicant to apply directly to the
West Virginia State Police or similar out-of-state agency for the
criminal history records checks; provided, that any such company must
utilize protocols consistent with standards established by the Federal
Bureau of Investigation and the National Crime Prevention and Privacy
Compact.
13.4. The applicant shall furnish to the State Police, or
other organization designated by the Board, a full set of fingerprints
and any additional information required to complete the criminal history
record check.
13.5. The applicant is responsible for any fees required by
the State Police, or other organization duly designated by the Board,
for the actual costs of the fingerprinting and the actual costs of
conducting a complete criminal history record check.
13.6. The Board may require the applicant to obtain a
criminal history records check from a similar Board approved agency or
organization in the state of the applicant's residence, if outside of
West Virginia.
13.7. The applicant shall authorize the release of all records
obtained by the criminal history record check to the Board.
13.8. A criminal history record check submitted in support of
an application for certification must have been requested by the
applicant no earlier than twelve (12) months immediately prior to the
Board's receipt of the application for certification.
13.9. An initial certification application is not complete
until the Board receives the results of a state and a national criminal
history record check conducted by the State Police or another entity
duly authorized by the Board. The Board shall not grant an application
for certification submitted by any applicant who fails or refuses to
submit the criminal history record check required by this section.
13.10. Should criminal offenses be reported on an applicant’s
criminal history record check, the board will consider the nature,
severity, and recency of offenses, as well as rehabilitation and other
factors on a case by case basis for certification. Criminal history
record checks shall be verified by a source acceptable to the Board,
other than the applicant.
13.11. The results of the state and national criminal history
record check may not be released to or by a private entity except:
13.11.a. To the individual who is the subject of the criminal history record check;
13.11.b. With the written authorization of the
individual who is the subject of the criminal history record check; or
13.11.c. Pursuant to a court order.
13.12. Criminal history record checks and related records are
not public records for the purposes of chapter 29B of the West Virginia
Code.