Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
321.200(1)(p),
321.207,
321.208,
321.235
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
321.207(1) requires the
Kentucky Board of Veterinary Examiners to permit qualified animal control
agencies in the Commonwealth of Kentucky to apply for a registration
certificate from the United States Drug Enforcement Administration (DEA) to
purchase, manage, and utilize the specific drugs approved by the board for the
purpose of euthanizing animals.
KRS
321.207(4) requires the
board to issue certificates to those persons who are deemed to be qualified to
work as animal euthanasia specialists.
KRS
321.235(1)(c) requires the
board to promulgate administrative regulations as it may deem necessary and
proper to effectively carry out and enforce the provisions of KRS Chapter 321,
including to establish authorized fees. This administrative regulation
establishes fees for animal control agencies and animal euthanasia
specialists.
Section 1. Payment and
Submission of Fees.
(1) Fees to the board
shall be paid by check or money order, or, if available, online payment by
debit or credit card. Checks and money orders shall be made payable to the
Kentucky State Treasurer.
(2) All
fees shall be nonrefundable.
Section
2. Application Fees.
(1) The
application fee for issuance of a board certificate authorizing an animal
control agency to apply for a restricted controlled substance registration with
the United States Drug Enforcement Administration (DEA) shall be $300. The fee
shall be attached to the completed Application for Certification as an Animal
Control Agency form as found in
201 KAR 16:550 or online
equivalent form, including all required attachments. The animal control agency
shall undergo inspection by an authorized representative of the board in
accordance with
201 KAR 16:550, Section 1(3)
prior to the issuance of a certificate.
(2) The application fee for a certified
animal euthanasia specialist shall be fifty (50) dollars. The fee shall be
attached to the completed Application for Certification as an Animal Euthanasia
Specialist form as found in
201 KAR 16:560 or online
equivalent form, including all required attachments.
Section 3. Renewal Fees for Animal Control
Agencies.
(1) The renewal deadline shall be
March 1 of each year. The renewal period shall be the time period beginning the
day after the renewal deadline to the next renewal deadline.
(2) Except as established in subsection (4)
of this section, a certified animal control agency shall annually pay to the
board a renewal fee as established in paragraphs (a) through (c) of this
subsection for the renewal of the certificate.
(a) Until June 29, 2026, the renewal fee
shall be ninety (90) dollars.
(b)
Between June 30, 2026, and June 30, 2028, the renewal fee shall be
$115.
(c) After June 30, 2028, the
renewal fee shall be $150.
(3) The animal control agency shall submit
the complete Renewal Application for Animal Control Agencies form as found in
201 KAR 16:572 or online
equivalent form, including all required attachments, and fee payment to the
board.
(4) The renewal fee for the
first renewal shall be waived for a certificate issued 120 days prior to the
end of the renewal period.
(5)
Utilization of Renewal Grace Period.
(a) A
sixty (60) day grace period shall be allowed after March 1, during which time
the animal control agency may continue to function as though certified until a
late renewal application is submitted to the board.
(b) The late fee for renewal shall be
seventy-five (75) dollars in addition to the renewal fee established in
subsection(2) of this section. The late fee for renewal, if applicable, shall
not be reduced or waived without board authorization.
(c) The animal control agency shall submit
the complete Renewal Application for Animal Control Agencies form as found in
201 KAR 16:572 or online
equivalent form, including all required attachments, and fee payment, to the
board between March 2 and April 30 of the grace period.
(6) An animal control agency restricted
controlled substance registration certificate shall expire if a renewal
package, and late fee if applicable, is not submitted to the board annually by
April 30.
(7) If not more than five
(5) years have elapsed since the last date of certificate expiration, an animal
control agency that has an expired restricted controlled substance registration
certificate may be reinstated upon the submission of a completed Reinstatement
Application for Animal Control Agencies form as found in
201 KAR 16:550 or online
equivalent form, including all attachments, and the payment of a reinstatement
fee of $300. The animal control agency shall undergo inspection by an
authorized representative of the board in accordance with
201 KAR 16:550, Section 5 prior
to the reinstatement of a certificate. An animal control agency shall not apply
for a new certificate during this five (5) year window; a reinstatement
application shall be required.
(8)
If more than five (5) years have elapsed since the last date of certificate
expiration, an animal control agency shall reapply to obtain a board
certificate authorizing restricted controlled substance registration with the
DEA.
Section 4. Renewal
Fees for Animal Euthanasia Specialists.
(1)
The renewal deadline shall be March 1 of each year. The renewal period shall be
the time period beginning the day after the renewal deadline to the next
renewal deadline.
(a) Except as established
in paragraph (b) of this subsection, a certified animal euthanasia specialist
shall annually, on or before March 1, pay to the board a renewal fee of fifty
(50) dollars for the renewal of the certificate. The animal euthanasia
specialist shall submit the complete Renewal Application for Animal Euthanasia
Specialists form as found in
201 KAR 16:572 or online
equivalent form, including all required attachments, and fee payment to the
board.
(b) The renewal fee for the
first renewal shall be waived for a certificate issued 120 days prior to the
end of the renewal period.
(2) A sixty (60) day grace period shall be
allowed after March 1, during which time the certified animal euthanasia
specialist may continue to function as though certified until a late renewal
application is submitted to the board. The late fee for renewal shall be fifty
(50) dollars in addition to the renewal fee established in subsection (1) of
this section. The animal euthanasia specialist shall submit the complete
Renewal Application for Animal Euthanasia Specialists form as found in
201 KAR 16:572 or online
equivalent form, including all required attachments and fee payments, to the
board between March 2 and April 30 of the renewal period. The late fee for
renewal, if applicable, shall not be reduced without board
authorization.
(3) An animal
euthanasia specialist certificate shall expire if a renewal package, and late
fee if applicable, is not submitted to the board annually by April
30.
(4) If not more than five (5)
years have elapsed since the last date of certificate expiration, an animal
euthanasia certificate that has expired may be reinstated upon the submission
of a completed Reinstatement Application for Animal Euthanasia Specialists form
as found in
201 KAR 16:560 or online
equivalent form, including all attachments, and the payment of a reinstatement
fee of seventy-five (75) dollars. An animal euthanasia specialist shall not
apply for a new certificate during this five (5) year window; a reinstatement
application shall be required.
(5)
If more than five (5) years have elapsed since the last date of certificate
expiration, an individual shall reapply to obtain a certificate as an animal
euthanasia specialist in the Commonwealth of Kentucky.
Section 5. Inactive Status for Animal
Euthanasia Specialists.
(1)
(a) A certified animal euthanasia specialist
may request to be moved to inactive status, or be moved to inactive licensure
status by the board in accordance with
201 KAR 16:580. There shall not
be a fee.
(b) There shall not be a
renewal fee for a certified animal euthanasia specialist with inactive
licensure status.
(2)
(a) A certified animal euthanasia specialist
shall reinstate their certificate to active status in accordance with
201 KAR 16:580.
(b) There shall be a reinstatement fee of
fifty (50) dollars only if the certificate was placed in inactive status as a
result of:
1. The certificate holder's
request; or
2. By severing
employment with the affiliated animal control agency on record with the
board.
STATUTORY AUTHORITY:
KRS
321.207,
321.208,
321.235(1)(c),
321.320