The Department may refuse to issue, renew, or reinstate the certification of a Euthanasia Technician, or may deny, revoke, suspend, sanction, or place on probation, impose other forms of discipline, and enter into consent agreements and negotiated settlements with Certified Euthanasia Technician pursuant to the procedures set forth in G.S. 150B, Article 3, for any of the following reasons:

(1)           Failure to Carry Out Duties.  Failure to carry out the duties of a Certified Euthanasia Technician;

(2)           Abuse of Chemical Substances.  Abuse 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; or

(d)           Abetting anyone in the foregoing activities;

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

(4)           Allowing uncertified individuals to euthanize animals;

(5)           Allowing probationary Euthanasia Technicians to euthanize animals outside of the Certified Euthanasia Technician's personal presence;

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

(7)           Unethical or Unprofessional Conduct.  Unethical or unprofessional conduct means to knowingly engage in conduct of a character likely to deceive or defraud the public.  Such conduct includes working in conjunction with any agency or person illegally practicing as a Certified Euthanasia Technician; failing to provide sanitary facilities or apply sanitary procedures for the euthanizing of any animal; euthanizing animals in a manner that endangers the health or welfare of the public; gross ignorance, incompetence or inefficiency in the euthanizing of animals as determined by the practices generally and currently followed and accepted as approved by the American Veterinary Medical Association, the Humane Society of the United States or the American Humane Association; intentionally performing a duty, task or procedure involved in the euthanizing of animals for which the individual is not qualified; and swearing falsely in any testimony or affidavits relating to practicing as a Certified Euthanasia Technician;

(8)           Conviction of any criminal offense as described in this Section;

(9)           Improper Record Keeping.  Failure to follow proper record keeping procedures as outlined in the rules in this Subchapter;

(10)         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;

(11)         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;

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

(13)         Revocation, Suspension or Limitation.  The revocation, suspension, limitation, of a license, 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;

(14)         Failure of any applicant or certificate holder to cooperate 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.