02 NCAC 52J .0419          GROUNDS FOR DISCIPLINE - CERTIFIED EUTHANASIA TECHNICIANS

The Department may refuse to issue, renew, or reinstate the certification of a Euthanasia Technician, or may deny, revoke, suspend, sanction, place on probation, or impose other forms of discipline upon any Certified Euthanasia Technician for any of the following reasons:

(1)           Failure to Carry Out Duties. Failure to carry out the duties of a Certified Euthanasia Technician prescribed in 02 NCAC 52J .0418;

(2)           Abuse of Chemical Substances. Improper use of any drug or chemical substance by:

(a)           Selling, diverting or giving away drugs or chemical substances;

(b)           Stealing drugs or chemical substances;

(c)           Misusing chemical substances by using them for any use other than it's intended use as prescribed by the America Veterinary Medical Association Euthanasia Guidelines and the Humane Society of the United States Euthanasia Reference Manual; or

(d)           Abetting anyone in the foregoing activities;

(3)           Euthanizing animals without supervision as required by this Subchapter;

(4)           Enabling or abetting the euthanasia of animals by uncertified individuals except in extraordinary circumstances pursuant to 02 NCAC 52J .0702;

(5)           Fraud, misrepresentation, or deception in obtaining certification;

(6)           Unethical or Unprofessional Conduct. Unethical or unprofessional conduct includes:

(a)           engaging in fraud, misrepresentation, or deception in the performance of Euthanasia Technician duties;

(b)           working in conjunction with any organization or person illegally practicing as a Certified Euthanasia Technician;

(c)           failing to provide sanitary facilities or apply sanitary procedures for the euthanizing of any animal;

(d)           euthanizing animals in a manner that endangers the health or welfare of the public, for example, improper handling, transport or storage of drugs related to the sedation or euthanasia of animals, or improper handling or disposal of the body of a euthanized animal;

(e)           ignorance or incompetence in the euthanizing of animals;

(f)            intentionally performing a duty, task or procedure involved in the euthanizing of animals for which the individual is not certified;

(g)           swearing falsely in any testimony or affidavits relating to practicing as a Certified Euthanasia Technician; or

(h)           failing to provide requested information or the provision of inaccurate or misleading information during an investigation or inspection by the Animal Welfare Section;

(7)           Conviction of a criminal offense;

(8)           Improper Record Keeping. Failure to follow proper record keeping procedures as outlined in the rules in this Subchapter and/or entering of inaccurate or misleading information into the records of a certified facility;

(9)           Improper Security and Storage for Chemical Agents. Failure to provide and maintain proper security and storage for euthanasia and restraint drugs as established under applicable United States Drug Enforcement Administration and North Carolina Department of Health and Human Services statutes and rules;

(10)         Improper Disposal of Chemical Agents and Equipment. Failure to dispose of drugs and the containers, instruments and equipment in a manner permitted by this Subchapter;

(11)         Improper Labeling of Approved Chemical Agents. Failure to properly label approved euthanasia and restraint chemical agents;

(12)         Revocation, Suspension or Limitation. The revocation, suspension, limitation of a license or certificate or registration or any other disciplinary action by another state or United States jurisdiction or voluntary surrender of a license, certificate or registration by virtue of which one is licensed, certified or registered to practice as a Certified Euthanasia Technician in that state or jurisdiction on grounds other than nonpayment of the renewal fee; and

(13)         Failure of any applicant or certificate holder to be truthful with the North Carolina Department of Agriculture and Consumer Services during any investigation or inspection.

History Note:        Authority G.S. 19A-24;

Eff. March 23, 2009;

Readopted Eff. October 1, 2022.