Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 16 - Board of Veterinary Examiners › Section 201 KAR 16:550 - Authorization for animal control agencies to apply for a restricted controlled substances certificate from DEA

Current through Register Vol. 51, No. 1, July 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.