New Mexico Register / Volume XXIII, Number 7 / April 16, 2012

This is an amendment to 16.24.2 NMAC, Section 8, 9 and 15, effective 4/28/12.

16.24.2.8 PRACTICING WITHOUT A LICENSE OR CERTIFICATE:

A. It is a violation of the act for a person, other than a veterinarian licensed to practice in New Mexico, to perform euthanasia for a euthanasia agency in this state unless the individual is licensed by the board pursuant to the act, Section 77-1B-6 NMSA 1978.

B. It is a violation of the act for an entity other than a veterinary [facility] clinic to perform euthanasia unless the agency is licensed by the board pursuant to the act, Section 77-1B-8 NMSA 1978.

[16.24.2.8 NMAC - N, 07/01/09; A, 4/28/12]

16.24.2.9 LICENSURE OR CERTIFICATION EXEMPTIONS:

A. The act does not apply to veterinarians licensed in New Mexico.

B. The act does not apply to wildlife rehabilitators working under the auspices of the department of game and fish.

C. A [for profit] veterinary [facility] clinic serving as a euthanasia agency pursuant to a contract with a local government is exempt from the provisions of the act; provided that the veterinary [facility] clinic is subject to licensure and rules adopted pursuant to the Veterinary Practice Act, Section 61-14-1 et. seq. NMSA 1978.

D. A municipal facility that is a zoological park is exempt from the provisions of the act.

E. A commissioned law enforcement officer is exempt from the act when conducting emergency field euthanasia or in situations where the public’s health or safety is at risk or the animal is irremediably suffering.

F. The board may exempt a euthanasia instructor from the required euthanasia technician testing based upon review of the applicant’s credentials and practical experience in shelter euthanasia. The applicant shall be required to obtain a euthanasia instructor certificate and is subject to the required certified euthanasia instructor duties.

[16.24.2.9 NMAC - N, 07/01/09; A, 4/28/12]

16.24.2.15 APPLICATION FOR LICENSURE AS A EUTHANASIA AGENCY: All agencies that will provide euthanasia services on or after January 1, 2010, shall be licensed by the board by January 1, 2010, or before performing euthanasia services if the agency does not begin performing euthanasia services until a later date. In order to obtain a license as a euthanasia agency, the applicant shall submit the following documentation and a competed application on a form provided by the board, which may be online, accompanied by the required fee:

A. unless euthanasia is performed by a licensed veterinarian, the agency shall have at least one licensed euthanasia technician on staff who shall at all times be assisted by a trained assistant as specified in Subsection I of 16.24.3.11 NMAC for each method of humane euthanasia;

B. the agency shall provide the names of their current licensed euthanasia technicians at the time of application or renewal for licensure and shall notify the board when there is a change in licensed euthanasia technicians at the agency within 30 days;

C. the agency shall have a written contingency plan for providing euthanasia in the event the agency is without a licensed euthanasia technician;

D. the agency shall notify the board in the event it no longer has a licensed euthanasia technician on staff within 72 hours of the technician’s departure;

E. the agency shall keep accurate controlled substance and dangerous drug logs, in compliance with applicable state controlled substances laws, which shall be inspected quarterly according to the guidelines of the New Mexico pharmacy board and shall be made available to the board approved euthanasia agency inspector;

F. the agency shall identify and describe any contracts with a supervising veterinarian, a consulting pharmacist and any holder of DEA licenses;

G. the agency shall comply with board requests for inspections;

H. the agency shall pay the license fee established by the board; and

I. the agency shall provide any other information or verifications the board may request.

[16.24.2.15 NMAC - N, 07/01/09; A, 4/28/12]