Wyoming Administrative Rules 013 — Animal Euthanasia Technician Certification Board

264 Animal Euthanasia Technician Certification Board

Chapter 0 Appendix A

Wyo. Code R. 013.0001.0.05112007 Appendix A

APPENDIX A

Animal Euthanasia Technicians Board Act of 2003

33-30-216. Definitions.

(a) As used in this act:

(i) "Board" means the Wyoming animal euthanasia technician certification board;

(ii) "Certified animal euthanasia technician" means a person who is employed or sponsored by a law enforcement agency whose duties include euthanizing unwanted, sick, injured or dangerous animals;

(iii) "Euthanasia" or "euthanizing" means the act or practice of providing a humane death for animals through the use of euthanizing drugs;

(iv) Euthanizing drugs" means any pentobarbital-based drug labeled by the manufacturer for the purpose of euthanizing animals, with the exception of Schedule I drugs as defined in W.S. 35-7-1013 and 35-7-1014;

(v) "This act" means W.S. 33-30-216 through 33-30-222.

33-30-217. Animal euthanasia technician certification board created; composition; terms of office.

(a) There is created the animal euthanasia technician certification board. The board shall consist of five (5) members appointed by the governor. Initial board members shall be appointed upon the recommendation of the Wyoming state board of veterinary medicine. Thereafter, the animal euthanasia technician certification board shall make recommendations to the governor after receiving the recommendation of the Wyoming state board of veterinary medicine.

(b) The initial membership of the board shall include at least one (1) licensed veterinarian, one (1) actively employed animal control officer, one (1) law enforcement official whose duties include supervision of animal control and one (1) citizen from the public at large. Thereafter, members of the board shall be certified euthanasia technicians, veterinarians licensed in this state or certified peace officers.

(c) Members of the board shall serve terms of three (3) years. The initial board shall have staggered terms of one (1) member for one (1) year, two (2) members for two (2) years and two (2) members for three (3) years.

33-30-218. Duties and powers of board.

(a) The board shall:

(i) Grant, suspend or revoke the certification of any animal euthanasia technician. The board shall examine the credentials of applicants for certification and current certificate holders and may grant, suspend or revoke certification on the basis of the credentials or upon other cause as specified by the rules of the board. In addition, the board may require oral interviews and practical demonstrations;

(ii) Examine and approve available animal euthanasia training and testing programs for use by applicants for certification. In the absence of available animal euthanasia training and testing programs, the board shall develop a program for use by animal euthanasia technicians in this state. A program approved or developed pursuant to this paragraph shall include:

(A) Methods of humanely euthanizing injured, sick, homeless or unwanted animals;

(B) Security precautions;

(C) Record keeping; and

(D) Other skills as determined necessary by the board.

(iii) Promulgate rules and regulations in accordance with the Wyoming Administrative Procedure Act necessary for the implementation of this act, including the establishment of fees provided for by this act and rules relating to professional conduct which establish ethical and professional standards of practice;

(iv) Conduct investigations and hearings pursuant to the Wyoming Administrative Procedure Act.

33-30-219. Certified animal euthanasia technicians; eligibility; surrender or revocation of certificate; fees; other requirements.

(a) Any person applying for a certification as an animal euthanasia technician shall be employed or sponsored by a law enforcement agency. An applicant shall make a written application to the board which shall include:

(i) A fee in the amount established pursuant to rules and regulations not to exceed one hundred dollars ($100.00);

(ii) Proof that the applicant:

(A) Is a citizen of the United States or is lawfully admitted to remain and work in the United States;

(B) Is employed or sponsored by a law enforcement agency;

(C) Has not been convicted of a felony or any criminal violation relating to cruelty to animals or animal neglect; and

(D) Has completed an animal euthanasia training and testing program approved or developed by the board.

(iii) Proof that the employing sponsoring agency has obtained any required federal permits;

(iv) A criminal history background check required pursuant to W.S. 7-19-106(a)(x);

(v) Any other information required by the board.

(b) A certification issued pursuant to this section shall be for a two (2) year period unless surrendered by the certified animal euthanasia technician or revoked or suspended by the board for cause. The certified animal euthanasia technician shall renew the certificate every two (2) years. Application for renewal shall be accompanied by:

(i) A fee in the amount established pursuant to rules and regulations not to exceed one hundred dollars ($100.00);

(ii) Proof of current employment or sponsorship by a law enforcement agency; and

(iii) Proof of a minimum of eight (8) hours of board approved training during the previous two (2) year period.

(c) The fees received under subsection (a) or (b) of this section shall be deposited with the state treasurer who shall credit the money to an account within the special revenue fund. All monies credited to the account shall be expended only upon appropriation by the legislature to defray costs and expenses incurred in the administration of this act.

(d) In addition to other requirements of this act, a certified animal euthanasia technician shall register with the Wyoming board of pharmacy to purchase, possess and administer euthanizing drugs.

(e) If at any time there is a change in employment or sponsorship of a certified animal euthanasia technician by a law enforcement agency, the law enforcement agency shall immediately notify the board of the change. The board shall adopt rules relating to changes in employment or sponsorship by law enforcement agencies for the purposes of this act. For the purposes of this subsection, "change" or "changes" includes transfer to another division or part of the law enforcement agency as well as firing, termination or other release of employment or sponsorship by the law enforcement agency.

33-30-220. Compensation of board members.

Board members shall receive no compensation for their services but shall receive per diem and travel expenses in the manner and amount provided for state employees by W.S. 9-3-102 and 9-3-103.

33-30-221. Prohibited acts; penalties.

Any person employed or sponsored by a law enforcement agency who euthanizes an animal by injection of euthanizing drugs as defined in this act without being certified according to the provisions of this act is guilty of a misdemeanor punishable by a fine of not more that seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.

33-30-222. Animal euthanasia technician certification; limitations.

Nothing in this act shall apply to veterinarians licensed pursuant to W.S. 33-30-101 et seq. or to any wildlife or predator control officer in the performance of their duties.

History

• Effective 2007-05-11

Chapter 1 General Provisions

Wyo. Code R. 013.0001.1.05112007 General Provisions

CHAPTER 1

GENERAL PROVISIONS

Section 1. Purpose. The Wyoming Animal Euthanasia Technician Certification Board Rules and Regulations are set forth for the purpose of interpreting and implementing W.S. 33-30-216 through 222 establishing the Board, and conferring upon it responsibility for certification of animal euthanasia technicians and regulation of the practice of animal euthanasia in the State of Wyoming.

Section 2. Statutory Authority. The Wyoming Animal Euthanasia Technician Certification Board hereafter referred to as the "Board" was created by the Animal Euthanasia Technician Board Act of 2003, W.S. 33-30-216 through 33-30-222, herein after referred to as the "Act".

Section 3. Severability. If any provisions of these regulations or the application thereof to any person or circumstance is invalid, such invalidity shall not affect other provisions or application of these regulations which can be given effect without the invalid provision or application, and to this end the provisions of these regulations are declared to be severable.

Section 4. Purpose of These Rules. The purpose of these rules shall be to develop procedures and establish requirements for:

(a) Election of officers, establishment of Board organization, and codification of rules and procedures for Board meetings;

(b) Standards and qualifications requisite in the issuance of certifications;

(c) Evaluation of qualifications of individuals applying for certification;

(d) Issuance and renewal of certification to persons qualified in animal euthanasia in the State of Wyoming;

(e) Setting fees necessary for the administration of this act;

(f) Establishing criteria for actions against certificate holders, including but not limited to:

(i) Investigation and conduct of hearings on complaints of violations of the Act;

(ii) Proceedings to enjoin, restrain or bring suit against persons violating this act;

(iii) Revocation or suspension of certifications; and,

(g) Codification of a code of ethics.

Section 5. Terms Defined by Statute. Terms defined in W.S. 33-30-216 through 33-30-222 shall have the same meanings when used in these regulations unless the context or subject matter clearly requires a different interpretation.

Section 6. Terms Defined Herein. As used in these regulations, the following terms shall have the following meanings unless the context or subject matter clearly requires a different interpretation.

(a) Application Date- The date an application for certification was received by the Board.

(b) Certified Animal Euthanasia Technician- A person, who is employed or sponsored by a Law Enforcement Agency, whose duties include euthanizing unwanted, sick, injured or dangerous animals.

(c) DEA- The Federal Drug Enforcement Administration or its successor agency.

(d) Designated Agent- A Certified Euthanasia Technician who is responsible for the withdrawal and return of euthanizing drugs from the drug storage cabinet.

(e) Euthanasia or Euthanizing- The act or practice of providing a humane death for animals through the use of euthanizing drugs.

(f) Euthanizing Drugs- Any pentobarbital based drug labeled by the manufacture for the purpose of euthanizing animals with the exception of schedule 1 drugs as defined in Wyoming State Statutes 35-7-1013 and 35-7-1014.

History

• Effective 2007-05-11

Chapter 2 Organization & Procedures of the Board

Wyo. Code R. 013.0001.2.05112007 Organization & Procedures of the Board

CHAPTER 2

ORGANIZATION AND PROCEDURES OF THE BOARD

Section 1. Structure of the Board. The Board shall consist of five (5) persons, certified euthanasia technicians, veterinarians or certified peace officers. Appointments and removal of board members shall be governed by W.S. 33-30-217 and W.S. 9-1-202.

Section 2. Establishment of Certification Standards. The state professional organization representing animal euthanasia technicians may recommend to the Board the specific requirements, rules, and procedures appropriate for certifying persons in that field and suggest changes to the rules and regulations.

Section 3. Officers. Officers of the Board shall be elected each year by a majority vote of the Board, and be comprised of a chair and a vice chair.

Section 4. Meetings of the Board. Meetings shall be open to the public and held in accordance with the Wyoming Administrative Procedures Act. The Board has the right to call executive sessions pursuant to W.S. 16-4-405.

(a) The Board shall meet at least twice each year at a date, place and time established by the Chair with special meetings held as requested by the Chair or by a majority of the members.

(b) Meeting dates and times shall be made known to Board members at least twenty (20) days prior to such meeting except for special meetings which may be held upon emergency notice to all Board members.

(c) The Chair may conduct meetings and Board business by telephone as a means of conserving funds and expediting appropriate business.

(d) A quorum shall consist of three (3) members, and a majority vote of those Board members present and voting is required to approve Board actions.

History

• Effective 2007-05-11

Chapter 3 Certification Requirements & Application Procedures

Wyo. Code R. 013.0001.3.05112007 Certification Requirements & Application Procedures

CHAPTER 3

CERTIFICATION REQUIREMENTS AND APPLICATION PROCEDURES

Section 1. Requirements for Certification. A license shall not be issued until the applicant has provided satisfactory evidence to the Board that the applicant;

(a) Is a citizen of the United States or is lawfully admitted to remain and work in the United States; and

(b) Is employed or sponsored by a law enforcement agency; and

(c) Has no felony convictions or any criminal violation relating to cruelty to animals or animal neglect; and

(d) Has completed an animal euthanasia training and testing program approved or developed by the board. The training must have been conducted within five (5) years of the application date. Exemptions to the five (5) year limit may be granted by the Board if consistent with the public interest. A Certificate of completion from an approved training program or a signed form from a Veterinarian licensed in the State of Wyoming shall be considered proof that the applicant has completed the training course.

Section 2. Animal Euthanasia Training. The Board recognizes the following training programs as being approved for use by applicants for certification:

(a) National Animal Control Association Euthanasia Training Course.

(b) The Humane Society of the United States Euthanasia Training, hands on course only.

(c) American Humane Association Euthanasia Training.

(d) The Board, upon submission of a course outline, which includes a practical exercise, may recognize a training course as provided by a Veterinarian licensed in the State of Wyoming. The course shall include each of the following subjects:

(i) The theory of euthanasia;

(ii) Animal anatomy;

(iii) Dosage of approved euthanasia drugs;

(iv) Effects of approved euthanasia drugs;

(v) Verification of death;

(vi) Methods of humanely euthanizing injured, sick, homeless or unwanted animals;

(vii) Security precautions;

(viii) Record keeping;

(ix) A practical examination administered by the Veterinarian.

Section 3. Application Procedures.

(a) All documents submitted in support of the application must contain an original signature and be submitted directly to the Board office from the respondent and not forwarded through the applicant.

(b) The Board will not accept faxed or photocopied documents.

(c) The applicant must document completion of all requirements within six (6) months of the application date or the application will be deemed abandoned and the file closed.

(d) Each applicant must file with the Board their current home and professional mailing addresses and telephone numbers and must report to the Board in writing any change of addresses or telephone numbers, giving both old and new addresses and telephone numbers.

Section 4. Application Documents. Applicants for certification must submit a complete and legible application form and provide the following items;

(a) A non-refundable fee of $100.00

(b) Acceptable proof of U.S. citizenship or legal presence in the U.S.

(c) A certificate of completion of an approved animal euthanasia training and testing program as defined in Section 2, or

(i) If the training was provided by a veterinarian licensed in the State of Wyoming, an Affidavit of Training on the form provided by the Board.

(d) A criminal history background check along with a fingerprint card completed by a law enforcement agency. The criminal history background check shall include copies of all law enforcement agency records relating to the applicant for a period of fifteen (15) years prior to the application date. Any fees incurred with obtaining this information shall be paid by the applicant.

(e) Official verification of certification from jurisdictions where the applicant holds or has held certification as an animal euthanasia technician.

Section 5. Issuance and Expiration of Certificate. The Board shall issue a wall certificate and a wallet identification card to the successful applicant bearing the full name of the holder, certificate number, date of issuance, expiration date, and appropriate seal. The certificate shall expire two (2) years from the date it was issued unless surrendered, revoked or suspended by the Board for cause.

Section 6. Change in Employment or Sponsorship. If at any time there is a change in employment or sponsorship of a certified animal euthanasia technician by a law enforcement agency, the law enforcement agency shall immediately notify the Board of the change.

(a) Change or changes in employment or sponsorship shall mean the transfer to another division or part of the law enforcement agency. It shall also mean the firing, termination or other release of employment or sponsorship by the law enforcement agency.

(b) The sponsoring law enforcement agency shall send notification of a change to the Board's address upon letterhead of the sponsoring agency. This notification shall be made within ten (10) days of the change in sponsorship.

Section 7. Notification of Applicants and Right of Appeal. If the applicant is denied certification on the basis of initial application materials, the reasons shall be communicated in writing. The applicant shall have the right of reconsideration based on submission of new information and/or an appearance before the Board with the opportunity to demonstrate the applicant meets the certification requirements.

Section 8. Release of Confidential Records.

(a) Release of records shall be governed by W.S. 16-4-201 et seq., Public Records Act.

(b) Applications for certification are confidential.

(c) Any applicant, certificate holder, or others with proper notarized written consent may personally inspect the contents of a Board file with the exception of information specifically prohibited by the Public Records Act and these rules.

(d) Record inspection shall take place under the following conditions:

(i) An appointment must be made to review the file between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday at the offices of the Board.

(ii) Record inspection must take place in the presence of a member of the Board or a representative of its administrative staff.

(iii) Original documents must remain with the Board but may be copied at the Board offices for a reasonable fee.

Section 9. Correction and Amendment. Any applicant may clarify erroneous, inaccurate or misleading information in their file by submitting a written statement to the Board which will be placed in their file.

3-4

History

• Effective 2007-05-11

Chapter 4 Fees

Wyo. Code R. 013.0001.4.05112007 Fees

CHAPTER 4

FEES

Section 1. Fees. This fee schedule is adopted by the Board.

(a) Application fee $100.00

(b) Bi-annual renewal fee $100.00

(c) Written license verification $25.00

(d) Replacement or duplicate wall certificate $25.00

(e) Replacement or duplicate wallet identification cards (2) $5.00

(f) For checks returned unpaid in accord with W.S. 1-1-115.

Section 2. Refunds.

(a) Fees shall be paid in advance in the exact amount. Application fees shall be paid by money order, cashier's check, or governmental issued check. All other fees may be paid by personal or business check.

(b) All fees collected by the Board are non-refundable.

Section 3. Applications Unaccompanied by Fees. Application shall not be considered by the Board unless accompanied by the appropriate fee.

Section 4. Duplicate or Replacement Certificate and Wallet Card. Duplicate or replacement wall certificates and wallet cards may be issued by the Board. All requests for duplicate or replacement certificates and wallet cards must be in writing and must be accompanied by the appropriate fee.

Section 5. Change of Name, Address or Telephone Number.

(a) Certificate Holders must register with the Board any change in their legal name, must submit documentation demonstrating the change of name, appropriate fee and must surrender the old wall certificate and a new wall certificate shall be issued by the Board.

(b) Each applicant and certificate holder must file with the Board their current home and professional mailing addresses and telephone numbers and must report to the Board in writing any change of addresses or telephone numbers, giving both old and new addresses and telephone numbers.

4-1

History

• Effective 2007-05-11

Chapter 5 Certificate Renewal & Continuing Education

Wyo. Code R. 013.0001.5.05112007 Certificate Renewal & Continuing Education

CHAPTER 5

CERTIFICATE RENEWAL AND CONTINUING EDUCATION

Section 1. Bi-annual Renewal.

(a) Certificates shall expire two (2) years after the date of issue. There is no grace period for renewal of a certificate. A certificate shall be renewable by providing the Board with the following, post marked on or prior to the license expiration date:

(i) Payment of the renewal fee;

(ii) Complete application for renewal;

(iii) Verification of compliance with the continuing education requirements as set out below.

(b) Each Certificate Holder shall earn a minimum of eight (8) contact hours of Board approved training during the twenty-four (24) months immediately proceeding the license expiration date.

(i) Contact hours for purposes of this section shall be the actual number of hours during which instruction was received. A minimum of fifty (50) minutes constitutes a contact hour. For academic courses, one (1) semester credit equals fifteen (15) contact hours. One (1) CEU credit is equal to ten (10) contact hours.

(ii) Excess continuing education credit hours acquired in one twenty-four (24) month period may not be carried forward to the next period.

(iii) The following standards shall govern acceptability of continuing education activities:

(A) These activities shall have significant intellectual or practical content, and the primary objective shall be to increase the participant's competence in the practice of animal euthanasia.

(B) These activities shall constitute an organized program of learning dealing with matters directly related to the practice, professional responsibility or ethical obligations of animal euthanasia technicians.

(C) Presenters of these activities should be experts in animal euthanasia. The scope of practice in these rules and regulations may be used as a basis of what knowledge and skills are acceptable to the Board as continuing education activities.

(D) Continuing education programs sponsored by the following organizations, which are germane to practice of animal euthanasia, are approved by the board:

(I) Humane Society of the United States

(II) National Animal Control Association

(III) American Veterinarian Medial Association

(IV) American Humane Association.

(E) Continuing education programs not sponsored by the above organizations may be submitted for review and approval by the Board. The course outline or course synopsis along with the Instructor credentials must be submitted to the Board at least thirty (30) days prior to course. Failure to provide the Board with the course outline or synopsis within the thirty (30) day limit may disqualify the course from being considered as continuing education.

(vi) Certificate Holders shall attest to the number of continuing education hours completed.

(vii) Certificate Holders shall list their continuing education activities on the form provided by the Board.

(A) In addition to the listing, the Certificate Holders shall attach copies of any certificates of attendance, letters certifying attendance, transcripts, or any other official documents which show attendance.

(B) Proof of attendance shall contain the activity title, dates, contact hours attended, sponsor, presenter, and the name of the Certificate Holder.

(viii) Certificate Holders are responsible for maintaining their own continuing education documentation.

(ix) Approximately sixty (60) days prior to the renewal date the Board will send a renewal application to the address of record.

(x) Renewal applications will not be accepted more than one hundred twenty (120) days prior to the expiration date.

(xi) Renewal applications received which are postmarked after the certificate expiration date, or after the next business day in cases when the certificate expiration date falls on a weekend or official holiday, will not be processed and the certificate will expire.

(xii) Failure to receive an application for renewal from the Board does not excuse a Certificate Holder from the requirement for renewal under the Act and these rules.

Section 2. Waiver of Continuing Education Requirements. Upon written request received prior to the license expiration date, the Board may waive the continuing education requirement for renewal of a license for good cause. Good cause is hereby defined as:

(a) A severe physical disability, illness or other extenuating circumstance exceeding one hundred and eighty (180) consecutive days in any calendar year which substantially interferes with a certificate holder's ability to meet the continuing education requirement prior to the deadline.

The licensee shall provide supporting documentation from a third party acceptable to the Board.

(b) A civilian called to active duty in the armed forces of the United States for a period of time exceeding one hundred and eighty (180) consecutive days in any calendar year. The exemption shall be for a maximum of four (4) PDUs for each calendar year that the licensee is performing active duty.

Section 3. Reinstatement. An expired certificate may be reinstated by the Board. Request for reinstatement must be made in writing and post marked within thirty (30) calendar days of the expiration date. The applicant must submit,

(a) The renewal application,

(b) The eight (8) hours of continuing education which were required for renewal, and

(c) An amount equal to double the license renewal fee.

History

• Effective 2007-05-11

Chapter 6 Standards of Conduct & Code of Ethics

Wyo. Code R. 013.0001.6.05112007 Standards of Conduct & Code of Ethics

CHAPTER 6

STANDARDS OF CONDUCT AND CODE OF ETHICS

Section 1. Standards for Euthanasia Area. The area used for euthanasia shall:

(a) Be a room that is separated from the rest of the agency by a wall, barrier or other divider or an area that is not used for other purposes while an animal is being euthanized;

(b) Have bright and even lighting;

(c) Have adequate ventilation to prevent the accumulation of odors;

(d) Have a table or work area where an animal can be handled while being euthanized;

(e) Have the following materials in the area used for euthanasia:

(i) OSHA approved first aid kit;

(ii) At least one tourniquet;

(iii) Control pole for handling dogs;

(iv) Net or cat tongs for handling cats;

(v) Squeeze cage

(vi) Stethoscope

(vii) Standard electric clippers

(viii) An adequate supply of medical quality needles and syringes.

(ix) OSHA approved eye wash station

(x) Have holding cages/crates available to hold an animal while waiting for the drug to take effect;

(xi) Have a cabinet, table or workbench where the drug, needle and syringe can be placed. This surface shall be separate from the area where the animal is being handled.

(xii) Have all equipment in good working order and stored so that it does not create a safety hazard for the personnel.

Section 2. Standards for the Handling of Euthanasia Drugs. All approved euthanasia drugs shall be prepared according to the manufacture's instructions.

(a) All approved euthanasia drugs shall be stored according to DEA Regulations including but not limited to the following:

(i) When no certified animal euthanasia technician is on duty or euthanasia is planned, proper storage shall consist of a locked metal storage cabinet or safe, which is securely attached to the building in which it is housed. The temperature and environment in the storage cabinet or safe shall be adequate to assure the proper keeping of the drugs.

(ii) When a certified animal euthanasia technician is on duty and when animals are being euthanized throughout the workday, approved euthanasia drugs may be kept in a temporary storage cabinet. The cabinet shall be constructed of any strong material and shall be securely locked. The key shall only be available to certified animal euthanasia technicians;

(b) Proper record keeping concerning approved euthanasia drugs shall include:

(i) Shipment records showing receipt of the approved euthanasia drugs shall be maintained and include all information required by federal law, the date the shipment was received, the amount received, the source and the invoice number;

(ii) Administration records showing the date an approved drug was administered, species of animal, dosage of drug administered for euthanasia and identification of the person who dispensed the approved drug. This information shall be recorded in a record book, which has sequentially numbered non-removable pages;

(iii) Records of wastage shall be maintained and signed by the person administering the approved euthanasia drugs;

(iv) A weekly record of the approved drugs on hand, less the amount withdrawn for application shall be maintained;

(v) Disposal records of any expired or unwanted approved euthanasia drugs shall be maintained;

(vi) All records shall be filed in chronological order and be kept for a period of three (3) years from the last calendar date on the record.

Section 3. Carcass Disposal. All carcasses shall be stored and disposed of in a manner according to law and facility procedures.

Section 4. Ethical Standards. The protection of the public health, safety and welfare and the best interest of the public shall be the primary guide in determining the appropriate professional conduct of persons whose activities are regulated by the Board. The following ethical standards are adopted and incorporated herein by the Board. Persons certified by the Board shall:

(a) Abide by all local, county and state statutes/ordinances as they relate to the euthanasia and disposal of unwanted, sick, injured or dangerous animals.

(b) Insure that all animals entrusted into their care for euthanasia are:

(i) Treated in the appropriate humane manner.

(ii) Euthanized in a humane manner consistent with current approved methods of the American Veterinary Medical Association, American Humane Association, Humane Society of the United States, or National Animal Control Association.

(c) Keep current on the latest approved methods of euthanasia.

(d) Insure that all animals euthanized will be euthanized according to Board approved methods.

(e) Insure that needless and undue suffering will be avoided when euthanizing an animal.

(f) Insure that once the euthanasia is completed, the animal does in fact die. If additional euthanasia serum is needed to insure death, it shall be administered.

(g) Abide by and follow the rules and regulations adopted and approved by the Wyoming Animal Euthanasia Certification board.

History

• Effective 2007-05-11

Chapter 7 Disciplinary Action

Wyo. Code R. 013.0001.7.05112007 Disciplinary Action

CHAPTER 7

DISCIPLINARY ACTION

Section 1. Board Authorization. The Board is authorized to refuse to renew, or may deny, suspend or revoke the certificate of any person violating provisions of the Act pursuant to W.S. 33- 30-218.

Section 2. Grounds. The Board may also take action for unprofessional conduct which is knowingly engaging in conduct of a character likely to deceive or defraud the public. Unprofessional conduct shall include, but is not limited to:

(a) Violation of any provision of the Act;

(b) Violation of any provision of these Rules;

(c) Violation of any provision of the adopted Ethical Standards as set forth in Chapter 6 of these Rules.

(d) Being convicted by a court of competent jurisdiction in this state or any other state of:

(i) A felony as defined by Wyoming State Statutes.

(ii) Any criminal violation relating to cruelty to animals or animal neglect.

(e) Being adjudged mentally incompetent by a court of competent jurisdiction.

(f) Performing any act specifically authorized for an animal euthanasia technician or functioning as an animal euthanasia technician in Wyoming without a current certification issued by the Board.

(g) Representation of oneself as certified to engage in the practice of animal euthanasia without a certificate;

(h) Aiding, abetting or assisting any other person in the violation or circumvention of any law or rule or regulation intended to guide the conduct of an animal euthanasia technician.

(i) Knowingly submitting false information to the Board.

(j) Obtaining or attempting to obtain a certification or documents of any form as an animal euthanasia technician by fraud or deception.

(k) Knowingly employing, directing, or supervising an individual in the performance of animal euthanasia who is not authorized to administer animal euthanasia.

(l) Allowing uncertified individuals to provide services as regulated by this Act.

(m) Failing to make timely application for certification renewal.

(n) Supplying misleading, incomplete or false information relative to continuing education.

(o) Practicing the profession under a false name or name other than the name under which the certification is held.

(p) Failure to cooperate in any material respect with a lawful investigation conducted by the Board.

(q) Violation of any provision(s) of an action, stipulation, agreement or order of the Board.

(r) Failure to report through proper channels the unsafe or illegal practice of any person who is administering animal euthanasia.

(s) Filing a complaint with, or providing information to the board which the certificate holder knows or ought to know is false or misleading. This provision does not apply to any filing of complaint or providing information to the board when done in good faith.

(t) The revocation, suspension, limitation or subjection of a license, certificate or registration or any other disciplinary action by another state or U.S. jurisdiction or voluntary surrender of a license, certificate or registration by virtue of which one is license, certified or registered to practice as a certified animal euthanasia technician in that state or jurisdiction on grounds other than nonpayment of the renewal fee. A certified copy of the disciplinary order shall be conclusive evidence.

(u) Unauthorized possession and use of illegal or controlled substances or pharmacologic agents without lawful authority or prescription by an authorized and licensed independent practitioner of the state of Wyoming, or abuse of any chemical substance by:

(i) Selling or giving chemical substances away;

(ii) Stealing chemical substances;

(iii) Using illegal chemical substances;

(iv) Abetting anyone in the forgoing activities.

(v) Habitually intemperate or addicted use of any drug, chemical or substance which could result in behavior that interferes with the administration of animal euthanasia and the responsibilities of the certificate holder.

(w) Conviction of a violation of the Wyoming Controlled Substance Act.

(x) Failure to provide sanitary facilities or apply unsanitary procedures for the euthanizing of any animal.

(y) Euthanizing animals in a manner that endangers the health and welfare of the public. A certified animal euthanasia technician shall not euthanize animals if his/her ability to practice with reasonable skill and safety is adversely affected by reason of illness, excessive use of alcohol, drugs, narcotics, chemicals or any other substance or as a result of any mental or physical disability.

(z) Gross ignorance, incompetence, negligence or inefficiency in the euthanizing of animals as determined by, but not limited to, the practices generally and currently followed and accepted by persons certified to practice as certified animal euthanasia technicians in this State.

(aa) Failure to provide humane handling and treatment of the animal to be euthanized.

(bb) Swearing falsely in any testimony or affidavits relating to practicing as a certified animal euthanasia technician.

(cc) Preparing and administering approved euthanasia drugs contrary to manufacturer's instructions.

(dd) Failure to Maintain Law Enforcement Agency sponsorship/employment.

(ee) Failure to possess a State of Wyoming Pharmacy Board License.

History

• Effective 2007-05-11

Chapter 8 Complaints: Practice and Procedure

Wyo. Code R. 013.0001.8.05112007 Complaints: Practice and Procedure

CHAPTER 8

COMPLAINTS: PRACTICE AND PROCEDURE

Section 1. Complaints. All complaints shall be filed with the Board in writing and shall contain:

(a) Name and address of Certificate Holder;

(b) Name, address and telephone number of complainant;

(c) Nature of alleged violations;

(d) A short and concise statement of facts relating to the alleged violations; and

(e) Signature of complaint.

Section 2. Investigation.

(a) The Board shall assign an investigation committee comprised of one (1) or two (2) Board members or other individuals with assistance from a representative of the Attorney General's Office.

(b) Upon completion of the investigation, the committee may:

(i) Prepare and file a formal complaint and notice of hearing with the Board, setting the matter for a contested case hearing;

(ii) Recommend to the Board that a reprimand be given to the Certificate Holder; or

(iii) Recommend to the Board that the complaint be dismissed.

(c) The Board may resolve a complaint at any time by:

(i) Sending a written letter of reprimand/warning to the Certificate Holder;

(ii) Accepting a voluntary surrender of a certificate;

(iii) Accepting conditional terms for settlement;

(iv) Dispensing with it in an informal manner; or

(v) Dismissal.

Section 3. Service of Notice and Formal Complaint. Notice and Complaint shall be served by mail at least twenty (20) days prior to the date set for hearing. It shall be sent by certified or registered mail with return receipt thereof to the Certificate Holder's last known address.

Section 4. Docket. A contested case shall be assigned a number when a complaint is filed with the Board. A separate file shall be established for each docketed case, in which shall be systematically placed all papers, pleadings, documents, transcripts, evidence and exhibits.

Section 5. Answer or Appearance. The Certificate Holder shall file an Answer or Notice of Appearance, which shall be received by the Board at least three (3) working days prior to the date set for hearing in the matter.

Section 6. Default in Certificate Holder Answering or Appearing. In the event of the failure of a Certificate Holder to answer or otherwise appear within the time allowed, a default may be entered and the allegations as set forth in the Notice and Complaint shall be taken as true and an Order of the Board entered accordingly.

Section 7. Discovery. In all contested cases coming before the Board, the taking of depositions and discovery shall be available to the parties.

Section 8. Subpoenas. Subpoenas for appearance and to produce testimony, books, papers, documents, or exhibits may be issued by the Board or hearing officer on behalf of any party to the contested case.

Section 9. Contested Case Hearing. All issues and matters set forth in the Notice and Complaint shall be presented to the Board. A Certificate Holder may be represented by an attorney, licensed to practice law in this State or otherwise associated at the hearing with an attorney licensed to practice law in this State.

Section 10. Hearing Officer. The Board may employ and secure a hearing officer to assist and advise the Board in the conduct of a hearing and the preparation of recommended findings of fact, conclusions of law and order.

Section 11. Order of Procedure. As nearly as may be, hearings shall be conducted in accordance with the following order of procedure:

(a) The Board or hearing officer shall announce that the hearing is convened upon the call of the docket number and title of the matter and case to be heard, and thereupon the Board or hearing officer shall incorporate all pleadings into the record and shall note for the record all subpoenas issued and all appearances of record;

(b) All persons testifying at the hearing shall be administered the standard oath;

(c) The attorney or representative of the State shall thereupon proceed to present the State's evidence. Witnesses may be cross-examined by the Certificate Holder or attorney if represented. Redirect examination may be permitted;

(d) The Certificate Holder shall be heard in the same manner as the State's evidence. The State shall have the opportunity of cross-examination and redirect examination may be permitted;

(e) Opening statements may be made;

(f) Closing statements, at the conclusion of the presentation of evidence, may be made by parties or attorneys. A rebuttal statement may be made by the State. The time for oral argument may be limited by the Board or hearing officer;

(g) After all proceedings have been concluded, the Board or hearing officer shall dismiss and excuse all witnesses and declare the hearing closed. Any party who may wish or desire to tender written briefs of law unto the Board may do so. The Board may take the case under advisement and shall declare unto each of the parties that the decision of the Board shall be announced within due and proper time following consideration of all the matters presented at the hearing; and

(h) The Board and hearing officer shall retain the right and opportunity to examine any witness upon the conclusion of all testimony offered by a particular witness.

Section 12. Rules of Civil Procedure to Apply. The rules of practice and procedure contained in the Wyoming Rules of Civil Procedure insofar as they are applicable and not inconsistent with the matters before the Board and applicable to the rules and orders promulgated by the Board shall apply.

Section 13. Attorneys. The filing of an answer or other appearance by an attorney constitutes an appearance for the party for whom the pleading is filed. The Board and all parties shall be notified in writing of any withdrawal. Any person appearing before the Board at a hearing in a representative capacity shall be precluded from examining or cross-examining any witness unless the person is an attorney licensed to practice law in this State, or associated with an attorney licensed to practice law in this State. This rule shall not be construed to prohibit any Certificate Holder from representing themselves in any hearing before the Board, but any Certificate Holder appearing in their own behalf shall not be relived of abiding by all rules established for the hearing proceedings.

Section 14. Attorney General to be Present. In all hearings held upon formal action brought before the Board, a representative of the Office of the Attorney General of Wyoming shall appear on behalf of the State, and shall present all evidence, testimony and legal authority in support of the Notice and Complaint to be considered by the Board.

Section 15. Record of Proceedings. When the denial, revocation or suspension of any certificate or certification is the subject for hearing, it shall be regarded as a contested case and the proceedings, including all testimony, shall be reported verbatim by a court reporter or other adequate recording device.

Section 16. Decision, Findings of Fact and Conclusions of Law and Order.

(a) The Board shall, with the assistance of the hearing officer, following the full and complete hearing, make and enter a written decision and order containing findings of fact and conclusions of law. The decision and order shall be filed with the Board and shall, without further action, become the decision and order as a result of the hearing.

(b) No member, staff or agent of the Board who participated or advised in the investigation or presentation of evidence at the hearing shall participate or advise in the decision.

(c) Upon entry and filing, the Board shall mail copies of the decision to each Certificate Holder and attorneys of record.

Section 17. Appeals to District Court. Appeals from Board decisions shall be taken to the district court having jurisdiction  and proper venue in accordance with applicable statutes and the Wyoming Rules of Appellate Procedure.

Section 18. Transcript in Case of Appeal. In the case of an appeal to the district court, the appellant shall pay and arrange for the transcript of the testimony. The transcript shall be verified by the oath of the reporter who took the testimony as a true and correct transcript of the testimony and other evidence in the case.

History

• Effective 2007-05-11

Chapter 9 Reinstatement of Certificate After Disciplinary Action

Wyo. Code R. 013.0001.9.05112007 Reinstatement of Certificate After Disciplinary Action

REINSTATEMENT OF CERTIFICATE AFTER DISCIPLINARY ACTION

Section 1. Reinstatement After Disciplinary Action. A person whose certification has been revoked, suspended, or has had limitations placed thereon may petition the Board for reinstatement of the certificate.

Section 2. Procedures for Reinstatement.

(a) A petition for reinstatement shall be accompanied by at least two (2) recommendations from law enforcement personnel and by at least two (2) recommendations from citizens each having personal knowledge of the activities of the petitioner since the disciplinary action was ordered.

(b) A petition for reinstatement may be considered at the next meeting of the Board held more than sixty (60) days after the petition is filed.

(c) Any petition for reinstatement of a certificate shall be conclusively acted upon by the Board within one hundred and eighty (180) days after the filing of a complete petition and all necessary accompanying documents with the Board.

(d) There shall be no right to a formal hearing on any petition for reinstatement.

Section 3. Certificate Renewal. The certificate shall not be reinstated until a renewal application together with the proper renewal fee is received by the Board.

History

• Effective 2007-05-11