ADMINISTRATIVE CODE

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1248 HUMANE EUTHANASIA IN ANIMAL SHELTERS ACT

Section 1248.10 Definitions

Section 1248.20 Fees

Section 1248.30 Application for Certification as a Euthanasia Agency

Section 1248.40 Requirements of a Euthanasia Agency

Section 1248.50 Application for a Euthanasia Technician Certification

Section 1248.55 Endorsement

Section 1248.60 Duties of a Euthanasia Technician

Section 1248.70 Renewals

Section 1248.80 Restoration of a Euthanasia Technician Certification

Section 1248.90 Establishing, Relocating or Changing Ownership

Section 1248.100 Inactive Status

Section 1248.110 Granting Variances

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1248 HUMANE EUTHANASIA IN ANIMAL SHELTERS ACT
SECTION 1248.10 DEFINITIONS

Section 1248.10 Definitions

"Act" means the Humane Euthanasia in Animal Shelters Act [510 ILCS 72].

"DEA" means the United States Department of Justice Drug Enforcement Administration.

"Department" means the Department of Professional Regulation.

"Director" means the Director of the Department of Professional Regulation.

"Euthanasia agency" means an entity certified by the Department for the purpose of animal euthanasia that holds an animal control facility or animal shelter license under the Animal Welfare Act [225 ILCS 605].

"Euthanasia drugs" means Schedule II or Schedule III substances (nonnarcotic controlled substances) as set forth in the Illinois Controlled Substances Act [720 ILCS 570] that are used by a euthanasia agency for the purpose of animal euthanasia.

"Euthanasia technician" or "technician" means a person employed by a euthanasia agency or working under the direct supervision of a veterinarian and who is certified by the Department to administer euthanasia drugs to euthanize animals.

"Veterinarian" means a person holding the degree of Doctor of Veterinary Medicine who is licensed under the Veterinary Medicine and Surgery Practice Act of 1994 [225 ILCS 115].

Section 1248.20 Fees

The following fees shall be paid to the Department and are not refundable:

a) Application Fees.

1) The fee for application for certification as a euthanasia agency is $200.

2) The fee for application for a certification as a euthanasia technician is $150.

b) Renewal Fees.

1) The fee for the renewal of certification as a euthanasia agency shall be calculated at the rate of $50 per year.

2) The fee for the renewal of certification as a euthanasia technician shall be calculated at the rate of $50 per year.

c) General Fees.

1) The fee for the restoration of a certification other than from inactive status is $20 plus payment of all lapsed renewal fees not to exceed $300.

2) The fee for the issuance of a duplicate certificate, for the issuance of a replacement certificate for a certification that has been lost or destroyed, or for the issuance of a certification with a change of name or address other than during the renewal period is $20. No fee is required for name and address changes on Department records when no duplicate certificate is issued.

3) The fee for an inspection of a euthanasia agency in order to obtain a controlled substance license is $50.

4) The fee for verification of an individual’s or agency’s record for any purpose is $20.

5) The fee for a wall certificate showing certification shall be the actual cost of producing the certificate.

6) The fee for a roster of persons or agencies certified under the Act in this State shall be the actual cost of producing the roster.

7) The fee for relocating or changing ownership of a euthanasia agency is $200.

Section 1248.30 Application for Certification as a Euthanasia Agency

a) Pursuant to Section 25 of the Act, applications for certification as a euthanasia agency shall be made to the Department, in writing, on forms provided by the Department. The applications shall include:

1) Proof of holding an active and unencumbered license under the Animal Welfare Act as an animal control facility or an animal shelter;

2) The fee set forth in Section 1248.20.

b) In order to purchase, store, and possess Schedule II and Schedule III drugs for the euthanization of animals, the agency shall be required to obtain an Illinois controlled substance license in accordance with 77 Ill. Adm. Code 3100 and a federal controlled substance licensed issued by the Drug Enforcement Administration pursuant to the Federal Controlled Substances Act (21 USC 301 et seq.).

c) A euthanasia agency shall be inspected by the Department prior to the issuance of the controlled substance license.

Section 1248.40 Requirements of a Euthanasia Agency

a) Euthanasia may only be performed in a certified agency by a certified euthanasia technician, a licensed veterinarian or an instructor during an approved course in humane euthanasia.

b) The agency shall designate a person who is responsible for ordering the euthanasia drugs and who is responsible for the security of the agency's euthanasia drugs. A certified technician may only perform euthanasia in a certified euthanasia agency or under the supervision of a licensed veterinarian. The technician may not personally possess, order or administer a controlled substance except as an agent of the euthanasia agency.

c) The euthanasia agency shall notify the Department in writing within 30 days after a termination of a euthanasia technician from the agency.

d) The euthanasia agency shall notify the Department when the location of a facility is changing.

e) The agency shall comply with the requirements of the Illinois Food, Drug and Cosmetic Act [410 ILCS 620], Federal Food, Drug and Cosmetic Act (21 USC 301 et seq.), federal Controlled Substances Act (21 USC 801 et seq.) and the Illinois Controlled Substances Act [720 ILCS 570].

f) The agency shall comply with the following requirements for the handling and storage of drugs:

1) Euthanasia drugs shall be kept in a securely locked cabinet or safe.

A) Each agency shall maintain a written current list of designated certified euthanasia technicians.

B) Access to the drug storage cabinet or safe shall be limited to licensed veterinarians and certified euthanasia technicians. These persons shall be responsible for the security of the euthanasia drugs and shall allow withdrawal of the euthanasia drugs only to a person certified by the Department.

C) Needles shall be of medical quality and shall not be reused.

D) Syringes shall be of medical quality. They may be reused if they are properly cleaned.

E) Used needles and syringes shall be disposed of in a manner that makes their reuse impossible.

2) Proper Storage. When no certified euthanasia technician is on duty, proper storage for euthanasia drugs is in a secure locked storage cabinet or metal safe.

A) The cabinet shall be of such material and construction that it will withstand strong attempts to break into it.

B) The cabinet shall be securely attached to the building in which it is housed.

C) The temperature and environment in the storage cabinet or metal safe shall be adequate to assure the proper keeping of the drug.

3) Proper Labeling and Reporting

A) Shipment records showing receipt of the euthanasia drugs shall be maintained and include information required by federal law. Upon removal from the shipment carton, each individual container of a euthanasia drug shall be labeled with the drug name and strength, the date the drug was prepared, a drug hazard warning label and the name and address of the agency owning the drug.

B) Administration records showing the date a euthanasia drug was administered, weight, species of animal and dosage administered for euthanasia, identification of the person who administers the euthanasia drug and identification of the veterinarian or certified euthanasia technician who supervised the dosage administered shall be maintained.

C) The certified euthanasia agency will submit to the Department the number of dogs, cats, puppies and kittens and other species euthanized each calendar year by January 31 of the next year. For the purposes of this Section, puppies are dogs younger than 4 months of age, kittens are cats younger than 4 months of age, dogs are canines 4 months of age or older and cats are felines 4 months of age or older. The report shall also include the total amount of drugs used for the year and the amount of drugs wasted. This record shall be kept by the Department.

D) Records of wastage shall be maintained and signed by the person administering the euthanasia drug and the person responsible for security.

E) A monthly record of verification of the stock on hand, minus the amounts withdrawn for administration, signed by the person responsible for security.

F) Disposal records of any expired or unwanted euthanasia drugs shall be maintained.

4) Temporary Storage. When a certified euthanasia technician is on duty and when animals are being euthanized throughout the workday, 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 to this cabinet shall be available only to a veterinarian or certified euthanasia technician.

5) Proper Sanitation. The area shall be clean and regularly disinfected.

6) Other site conditions relevant to the proper euthanasia environment.

A) Each agency shall have a specific area designated for euthanasia. The area shall be:

i) A separate room; or

ii) An area that is physically separated from the rest of the agency by a wall, barrier, or other divider; or

iii) An area that is not used for any other purpose while animals are being euthanized.

B) The euthanasia area shall meet the following minimum standards:

i) Lighting shall be bright and even;

ii) The air temperature shall be within a reasonable comfort range for both the personnel and the animals;

iii) The area shall have adequate ventilation that prevents the accumulation of odors.

C) The euthanasia area shall have the following equipment:

i) A table or other work area where animals can be handled while being euthanized;

ii) A cabinet, table or workbench where the drugs, needles, syringes and clippers can be placed.

D) The following materials shall be kept in the euthanasia area or shall be brought to the area each time an animal is euthanized:

i) A first aid kit that meets minimum first aid supply standards;

ii) One or more tourniquets;

iii) Standard electric clippers;

iv) Animal control stick for dogs and animal net for cats. The use of control sticks, squeeze gates, nets and squeeze cages or other restraint devices shall be limited to fractious, feral, vicious or dangerous animals. Control sticks shall never be used on cats, except in such extreme cases where no other sedation methods can be used;

v) Stethoscope;

vi) Towels, sponges, disinfectant;

vii) Eyewash station.

g) All equipment shall be in good working order. Failure to comply with the requirements set forth in this Section may be grounds for discipline in accordance with Sections 65, 90, and 165 of the Humane Euthanasia in Animal Shelters Act.

Section 1248.50 Application for a Euthanasia Technician Certification

Pursuant to Section 35 of the Act, an applicant may apply for certification as a euthanasia technician by filing an application on forms provided by the Department and shall:

a) Be at least 18 years of age.

b) Be of good moral character. In determining moral character under this Section, the Department may take into consideration whether the applicant has engaged in conduct or activities that would constitute grounds for discipline under this Act.

c) Fingerprinting

1) Verification of fingerprint processing from the Illinois Department of State Police, or its approved vendor. Applicants shall contact the approved vendor for fingerprint processing.

2) Out-of-state residents unable to utilize the State Police fingerprint process may submit to the approved vendor one fingerprint card issued by the Federal Bureau of Investigation, accompanied by the fee specified by the vendor. Fingerprints shall be taken within the 60 days prior to application.

d) Hold a license or certification, issued within 3 years preceding the date of application, from one of the following:

1) American Humane Association;

2) National Animal Control Association;

3) Illinois Federation of Humane Societies; or

4) Humane Society of the United States.

Until March 1, 2005, the Department may issue a certificate to an applicant who holds a license or certification from one of these 4 organizations issued after January 1, 1997.

e) Pay the required fee set forth in Section 1248.20.

Section 1248.55 Endorsement

a) An applicant who is currently licensed under the laws of another state or territory of the United States shall file an application with the Department, together with:

1) A certification by the state or territory of original licensure, stating that the applicant has been engaged in the practice of euthanasia for a period of not less than one year;

2) Whether the file on the applicant contains any record of any disciplinary actions taken or pending;

3) Verification of fingerprint processing in accordance with Section 1248.50(c); and

4) The fee as required by Section 1248.20.

b) The Department shall examine each application to determine whether the requirements at the time of licensure in the state where the applicant was licensed were substantially equivalent to the requirements then in force in this State.

Section 1248.60 Duties of a Euthanasia Technician

The duties of a certified euthanasia technician shall include, but are not limited to:

a) Correctly identifying and preparing animals for euthanasia;

b) Scanning for microchips or other identification prior to euthanasia;

c) Understanding the needs of individual animals;

d) Using restraint measures only on fractious, feral, vicious or dangerous animals;

e) Accurately recording dosages administered and drugs wasted;

f) Ordering supplies;

g) Maintaining the security of all controlled substances and drugs;

h) Reporting to the Department violations or suspicion of violations of this Part or any abuse of drugs;

i) Humanely euthanizing animals;

j) Verification of death by using a cardiac puncture, stethoscope or by recognizing the signs of rigor mortis;

k) Proper and lawful disposal of euthanized animals.

Section 1248.70 Renewals

a) The first renewal date for certification under the Act shall be April 30, 2006. Thereafter, every certification issued under the Act shall expire on April 30 of even numbered years. The holder of a certification may renew the certification during the month preceding the expiration date by paying the required fee.

b) It is the responsibility of each certificate holder to notify the Department of any change of address. Failure to receive a renewal form from the Department shall not constitute an excuse for failure to pay the renewal fee.

c) Practice on an expired certification shall be considered unlicensed practice and shall be grounds for discipline pursuant to Section 10 of the Act.

Section 1248.80 Restoration of a Euthanasia Technician Certification

a) A person seeking restoration of a euthanasia technician certification that has expired for 5 years or less shall have the certification restored upon payment of all lapsed renewal fees.

b) A person seeking restoration of a certificate that has been placed on inactive status for 5 years or less shall have the certificate restored upon payment of the current renewal fee.

c) A person seeking restoration of a license after it has expired or been placed on inactive status for more than 5 years shall file an application, on forms supplied by the Department, including the applicant's work history since the certification expired and the fee. The person shall also submit one of the following:

1) Sworn evidence of active practice in another jurisdiction. The evidence shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the registrant was authorized to practice during the term of active practice; or

2) An affidavit attesting to military service as provided in Section 45 of the Act.

d) When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Department because of a lack of information, discrepancies or conflicts in information given or a need for clarification, the applicant seeking restoration of a license shall be requested to provide information as may be necessary.

e) Upon the recommendation of the Director, an applicant shall have the certification restored or will be notified in writing of the reason for the denial of the application.

Section 1248.90 Establishing, Relocating or Changing Ownership

a) Any person who desires to establish, relocate or change the ownership of a euthanasia agency shall file an application on forms supplied by the Department, together with the fee required in Section 1248.20.

b) Upon determination that the application is in good order, an inspection of the premises will be conducted to determine compliance with Section 25 of the Act.

Section 1248.100 Inactive Status

a) A euthanasia technician who notifies the Department, on forms provided by the Department, may place his or her certification on inactive status and shall be excused from paying renewal fees until he or she notifies the Department in writing of the intention to resume active practice.

b) Any euthanasia technician seeking restoration from inactive status shall do so in accordance with Section 1248.80.

c) Any person violating this Section shall be considered to be practicing without a certificate and shall be subject to the disciplinary provisions of the Act.

Section 1248.110 Granting Variances

The Director may grant variances from this Part in individual cases where he/she finds that:

a) The provision from which the variance is granted is not statutorily mandated;

b) No party will be injured by the granting of the variance; and

c) The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.