Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
217.177(1), (4), Chapter
258, Chapter 321, 321.207, 321.351
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
321.207(1) requires the
Kentucky Board of Veterinary Examiners to authorize an animal control agency,
which the board determines to be qualified, to apply for a registration
certificate by the United States Drug Enforcement Administration (DEA) to
euthanize animals. KRS 321.207(2)
requires an applicant agency to comply with administrative regulations that
establish standards for the proper storage and handling of drugs, including
procurement, management, and disposal of drugs the board has authorized for
use, and other provisions that may be necessary to ensure that the drugs are
used safely and solely for the purpose of euthanizing animals.
KRS
321.235(1)(a) and (b)
require the board to promulgate administrative regulations to implement KRS
Chapter 321. KRS
321.235(2)(b) 3. authorizes
the board to promulgate administrative regulations to establish standards in
veterinary medicine, medical records, and other matters pertaining to
veterinarians, veterinary technicians, animal control agencies, animal
euthanasia specialists, designated on-site mangers, allied animal health
professionals, veterinary facilities, AAHP facilities, veterinarian managers,
AAHP managers, registered responsible parties, or unlicensed persons. This
administrative regulation establishes the application, renewal, and
reinstatement requirements for certification of an animal shelter as an animal
control agency, and the requirements for board inspections at certified animal
control agencies.
Section 1.
Definitions.
(1) "Animal control agency" means
an animal shelter fulfilling the duties required pursuant to KRS Chapter 258,
and the animal shelter is either owned, contracted with, or in service on
behalf of a county or municipality.
(2)
(a)
"Animal shelter" means a public agency or private humane society, society for
the prevention of cruelty to animals, animal protection shelter or control
agency, or other facility that provides shelter and care for homeless, stray,
unwanted, or injured animals.
(b)
An "animal shelter" shall not include:
1.
Shelter or care of wildlife; or
2.
Premises of a Kentucky Department of Fish and Wildlife Resources credentialed:
a. Certified wildlife
rehabilitator;
b. Commercial
nuisance wildlife control operator;
c. Captive wildlife holder; or
d. Wildlife transporter.
(3) "Certified animal
control agency" means an animal shelter that is certified under the provisions
of KRS Chapter 321 and 201 KAR Chapter 16.
(4) "Designated on-site manager" means a
person who registers with the board to assume responsibility for the
procurement, management, and disposal of drugs at a board-certified animal
control agency.
(5) "Dispose" means
to destroy or transfer.
(6)
"Manage" means to administer, dispense, or inventory.
(7) "Procure" means to order, purchase, or
receive.
Section 2.
Application and Renewal Requirements.
(1) An
applicant animal shelter shall apply to the board for authorization to operate
as a certified animal control agency and to apply to the federal Drug
Enforcement Administration (DEA) for a Controlled Substance Registration as
established by KRS
321.207.
(2) A complete application to the board shall
include:
(a) A completed Application for
Certification as an Animal Control Agency form or online equivalent form,
including all required attachments;
(b) Identification of the agency designated
on-site manager;
(c) A complete and
current list of all individuals performing euthanasia or related activities at
the animal shelter, whether or not each individual holds a credential from the
board;
(d) An animal control agency
verification letter signed by the governing body within the county or
municipality, including a statement about the animal shelter's role as an
animal control agency or contractor pursuant to
KRS
258.195;
(e) A list of all Kentucky counties which are
provided service by the animal shelter; and
(f) Payment of the fee in accordance with
201 KAR
16:514.
(3) Prior to the board's issuance of the
animal control agency certificate, an applicant shall undergo an inspection of
the facility by the board, its inspector, or other designee of the board in
accordance with Section 5 of this administrative regulation.
(4) Following board application approval, an
applicant shall apply to the DEA for registration as a practitioner and
designate "animal shelter" on the appropriate DEA application form.
(5) A certified animal control agency shall
submit to inspection by a board representative at any time, with or without
advanced notice.
(6) A certified
animal control agency shall identify a designated on-site manager in accordance
with 201 KAR 16:552.
(a) The agency shall notify the board in
writing within ten (10) days of any change in the designated on-site manager of
the certified animal control agency by submitting a completed Request for a New
Designated On-site Manager form or online equivalent form, including all
required attachments.
(b) The
designated on-site manager shall be responsible for complying with all state
and federal laws related to the ordering, purchase, storage, tracking,
management, and disposal of the drugs obtained under the DEA controlled
substances registration.
(7) Background checks. Pursuant to
KRS
321.189, the board shall conduct a national
or jurisdictional level background check on each designated on-site manager.
The check shall be processed by a board approved background check provider, and
shall include a copy of the designated on-site manager's fingerprints captured
at a board approved location.
(a) The board
may accept the results of a state-wide employment background check in lieu of a
state or federal background check if the background check results are not more
than ninety (90) days old from the date of application.
(b) The board may reject background checks
that do not have an official seal or watermark, or that are more than ninety
(90) days old.
(c) The board may
impose additional administrative or safety requirements as a condition of
certification for the animal control agency or deny certification following the
board's review of findings from a background check.
Section 3. Renewal Requirements
for a Certified Animal Control Agency.
(1) A
board-certified animal control agency shall renew the board certification
annually in accordance with
201 KAR 16:572.
(2) Failure to renew the certificate for an
animal control agency shall result in the following actions by the board:
(a) The animal control agency certificate
shall be moved to expired status;
(b) Each "active" status certified animal
euthanasia specialist under the employment of the expired certified animal
control agency shall be moved to "inactive" status;
(c) The DEA shall be notified of the lapse in
certification; and
(d) The board
shall conduct a closeout inspection within six (6) months of the date of
expiration of the certificate to ensure that the controlled substances and
other drugs on-site are properly disposed of. An animal shelter with an expired
certificate shall continue to maintain the drugs in accordance with
201 KAR 16:552, and the Kentucky
Veterinary Medicine Practice Act (KRS Chapter 321), and 201 KAR Chapter 16,
until the drugs are transferred in accordance with state and federal laws, or
disposed of in accordance with
201 KAR 16:552, Section
7.
Section 4.
Reinstatement Requirements for Certified Animal Control Agencies.
(1) An animal control agency with an expired
certificate shall have five (5) years to reinstate their certificate by
submitting a completed Reinstatement Application for Animal Control Agencies
form or online equivalent form, including all required attachments and payment
of the reinstatement application fee pursuant to
201 KAR 16:514.
(2) The animal control agency shall undergo
inspection by an authorized representative of the board in accordance with
Section 5(3) of this administrative regulation prior to the reinstatement of a
certificate.
(3) After five (5)
years of the date of the expiration of the certificate, the agency shall not
reinstate the certificate and the animal control agency shall be required to
apply for a new certificate in accordance with 201 KAR Chapter 16.
Section 5. Inspection
Requirements.
(1) A certified animal control
agency shall be subject to inspection by the board, its investigator, or a
board representative.
(2) An
inspection may occur at any time, with or without advance notice. The
designated on-site manager shall make themselves available to provide access
and information during the inspection.
(3) An inspection shall be required:
(a) Prior to the approval of a new
Application for Certification as an Animal Control Agency;
(b) Prior to the approval of a Reinstatement
Application for Animal Control Agencies, if the last inspection was completed
more than twelve (12) months prior to the date of the application;
(c) Periodically on a schedule set by the
board, not more routinely than every ten (10) months, and at least once every
two (2) years;
(d) As needed due to
staff turnover at the animal control agency;
(e) Under suspicion of probable cause for
violation of KRS Chapter 321 or 201 KAR Chapter 16; and
(f) Following the expiration, termination,
suspension, or surrender of the certificate in accordance with Section 3(2)(d)
of this administrative regulation.
Section 6. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Application for Certification
as an Animal Control Agency", 7/2023;
(b) "Reinstatement Application for Animal
Control Agencies", 7/2023; and
(c)
"Request for a New Designated On-site Manager", 7/2023.
(2) This material may be inspected, copied,
or obtained, subjected to applicable copyright law, at the Kentucky Board of
Veterinary Examiners, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday
through Friday, 8:30 a.m. to 4:30 p.m. This material may also be obtained at
www.kybve.com.
STATUTORY AUTHORITY:
KRS
321.207(1) - (3),(5)-(8),
321.235(1)(a), (b), (2)(b)3
