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Info for Animal Control & Field Officers
Info for District Attorneys & Judges |
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Animal Protection of New Mexico, Inc.
Chairman and Board January 17, 2003
Dear Chairman and Board, In a letter dated 7/15/02, Tamara Spooner, on the board's behalf, brought provisions of the Veterinary Practice Act as well as sections of the Rules and Regulations regarding euthanasia to our attention. I want you to know I very much appreciate the information and the perspective of the Board on this issue. As you know, the euthanasia of homeless unwanted animals in the shelter environment is an unpleasant task at best. An estimated 10,000,000 animals are euthanized each year in shelters across the Unites States, with approximately 90,000 animals dying in New Mexico shelters. Because of the gross pet overpopulation and the need to use humane methods exclusively when euthanizing animals, I'm writing today to ask the Board to consider amending the Practice Act and the Rules and Regulations in three areas. 1) In regard to NM Board of Veterinary Medicine Practice Act 61-14-2 B [The Practice of Veterinary Medicine is defined as] "1) administration of any drug." To my knowledge, only two states still consider administration of a drug the practice of veterinary medicine, Rhode Island (which prohibits the use of hypodermics by non-veterinarians) and New Mexico. If you could amend the Veterinary Practice Act to "exempt lethal injection of sodium pentobarbital and pre-euthanasia drugs for the limited purpose of euthanizing animals in a recognized non-profit or city/county contracted/funded animal shelter facility", it would relieve a tremendous burden from the under-resourced and invaluable animal shelters in the state, working day in and day out to protect animals and serve our communities.
Because of the overwhelming number of animals and the lack of funds, it is a tremendous financial burden to non-profit shelters to have a supervising veterinarian on site during euthanasia as required under the Rules and Regulations16.25.9.20. Because the Practice Act already exempts city or county employees from adhering to section 61-14-14 A. we're asking that you broaden the exemption to include city and county contracted facilities, which normally include humane societies or non-profit animal shelters. Historically, these agencies have the best of interest of the animals as a top priority and would not willingly or knowingly jeopardize a professional relationship allowing them to provide humane euthanasia to homeless or unwanted animals. Suggested language for this modification is: "64-14-14 F. Any county or municipal animal control agency or any humane society registered with the NM Secretary of State/Attorney General for the purpose of performing humane euthanasia of injured, sick, homeless or abandoned domestic or wild animals in the lawful possession of the agency."
3) Currently, 33 states have laws or regulations allowing "direct licensing" or "mid-level practitioner" status for those performing euthanasia in a shelter environment. This is extremely important in providing our stray, homeless and unwanted shelter animals a humane death via sodium pentobarbital. It would also relieve veterinarians from being part of the euthanasia of surplus and often healthy animals who are very adoptable, but for whom no homes exist. We often hear veterinarians cite the conflict they feel when having to participate in this unpalatable process as well as expressing a reluctance to become engaged in shelter management. To my knowledge no veterinarian has ever lost his or her license due to drug diversion in the shelter environment but we understand the added stress of managing an off-site facility and would like to help relieve the veterinary community of this burden. Additionally, many areas of our state do not offer veterinary services or offer only limited veterinary services, making access to sodium pentobarbital through a supervising veterinarian a significant obstacle. (A list of other states offering mid-level practioner licensing is enclosed for your review.)
Using the information provided as a guide to what is successful in other areas, we ask the Board to amend the aforementioned sections of the Practice Act, as well as the Rules and Regulations, making humane euthanasia an achievable reality in our state. If we can offer further information to aid in discussion regarding licensing mid-level practioners in New Mexico, so that trained and certified individuals will have more practical access to the controlled substances needed to perform humane euthanasia. I hope we may count on your support and cooperation of the issues cited in this letter that may also require the assistance of the New Mexico Board of Pharmacy and/or the New Mexico Legislature. Please don't hesitate to contact me for additional assistance, or, if I can be of help with any animal issue. Very Truly Yours, Michele Rokke Animal Control and Law Enforcement Program Director
Encl.
cc: New Mexico Board of Pharmacy
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