| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 4028, 4029, 4143 | PRINTER'S NO. 4221 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MAHER, PETRARCA AND FRANKEL, SEPTEMBER 21, 2012 |
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| SENATOR VOGEL, AGRICULTURE AND RURAL AFFAIRS, IN SENATE, AS AMENDED, OCTOBER 15, 2012 |
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| AN ACT |
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1 | Regulating animal euthanasia; imposing penalties; and making a | <-- |
2 | related repeal. |
3 | Amending the act of December 22, 1983 (P.L.303, No.83), entitled | <-- |
4 | "An act relating to destruction of pet animals; prohibiting |
5 | certain methods of destruction; providing for a limited |
6 | license to dispense certain drugs; providing for regulation |
7 | and enforcement; providing for use of certain surplus funds; |
8 | and providing penalties," adding definitions; further |
9 | providing for prohibited means of destroying animals, for |
10 | methods of destruction of animals, for administration of |
11 | drugs, for exclusions, for use of carbon monoxide systems and |
12 | for use of drugs by humane societies and animal shelters; |
13 | providing for disclosure; further providing for existing |
14 | devices, for surplus funds and for penalties; and making |
15 | editorial changes. |
16 | The General Assembly of the Commonwealth of Pennsylvania |
17 | hereby enacts as follows: |
18 | Section 1. Short title. | <-- |
19 | This act shall be known and may be cited as the Animal |
20 | Euthanasia Method Act. |
21 | Section 2. Definitions. |
22 | The following words and phrases when used in this act shall |
23 | have the meanings given to them in this section unless the |
24 | context clearly indicates otherwise: |
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1 | "Certified veterinary technician." As defined in section |
2 | 3(13) of the act of December 27, 1974 (P.L.995, No.326), known |
3 | as the Veterinary Medicine Practice Act. |
4 | "Licensed doctor of veterinary medicine" or "veterinarian." |
5 | A person who is currently licensed pursuant to the act of |
6 | December 27, 1974 (P.L.995, No.326), known as the Veterinary |
7 | Medicine Practice Act. |
8 | "Normal agricultural operation." As defined in 18 Pa.C.S. § |
9 | 5511 (relating to cruelty to animals). |
10 | "Society or association." As defined in 22 Pa.C.S. § 3702 |
11 | (relating to definitions). |
12 | Section 3. Prohibited means of destruction of animals. |
13 | No animal shall be destroyed by means of any of the |
14 | following: |
15 | (1) A high altitude decompression chamber or |
16 | decompression device. |
17 | (2) Carbon monoxide gas. |
18 | (3) Drowning. |
19 | (4) Chloroform, ether, halothane or fluothane for |
20 | animals under seven weeks of age when administered in an |
21 | airtight chamber or transparent plastic bag. |
22 | Section 4. Required method of destruction. |
23 | (a) Required method.--The required method of animal |
24 | destruction shall be by the use of a drug: |
25 | (1) approved by the Food and Drug Administration for |
26 | animal euthanasia; |
27 | (2) used as directed under the veterinary prescription |
28 | legend to result in a humane and painless death; and |
29 | (3) administered by a veterinarian, certified veterinary |
30 | technician or other individual under the supervision of a |
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1 | veterinarian. |
2 | (b) Veterinarian.--Except as prohibited under section 3, a |
3 | licensed doctor of veterinary medicine in clinical practice may |
4 | directly administer any method of euthanasia that is consistent |
5 | with both the standard of care as defined by the State Board of |
6 | Veterinary Medicine and the most current version of the American |
7 | Veterinary Medical Association's Guidelines on Euthanasia. |
8 | (c) Tranquilization.--An animal may be tranquilized with a |
9 | substance approved by the Food and Drug Administration before |
10 | euthanasia commences. |
11 | Section 5. Exclusions. |
12 | (a) Normal agricultural operation activity.--This act shall |
13 | not apply to activity undertaken in normal agricultural |
14 | operation. |
15 | (b) Schools and other entities.--This act shall not apply to |
16 | any of the following: |
17 | (1) A medical school. |
18 | (2) A school of veterinary medicine. |
19 | (3) A research institution affiliated with a hospital or |
20 | university. |
21 | (4) A research facility that is one of the following: |
22 | (i) Registered and inspected under the Animal |
23 | Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.). |
24 | (ii) Subject to the public health service policy on |
25 | the humane care and use of laboratory animals under the |
26 | Public Health Service Act (58 Stat. 682, 42 U.S.C. § 201 |
27 | et seq.). |
28 | (iii) Subject to the provisions of 21 CFR Pt. 58 |
29 | (relating to good laboratory practice for nonclinical |
30 | laboratory studies) or its successor regulation under the |
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1 | Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 |
2 | U.S.C. § 301 et seq.) or the Public Health Service Act. |
3 | (c) Method.--Nothing in this act shall prevent a person from |
4 | destroying a pet animal by means of firearms. This subsection |
5 | shall not apply to dogs in commercial kennels, as that term is |
6 | defined in the act of December 7, 1982 (P.L.784, No.225), known |
7 | as the Dog Law. |
8 | (d) Feral animals.--This act shall not apply to feral |
9 | animals or animals deemed dangerous. Under no circumstance shall |
10 | this exclusion apply to any cat or dog. |
11 | Section 6. Penalties. |
12 | (a) Destruction of animals.--A person or society or |
13 | association that violates section 3 shall be subject to a fine |
14 | not to exceed $500 per violation day. A person or organization |
15 | that commits a second or subsequent violation of section 3 shall |
16 | be subject to a fine not to exceed $1,000 per violation day. |
17 | (b) Other provisions.--Except as set forth in subsection |
18 | (a): |
19 | (1) A person or society or association that violates |
20 | this act shall be subject to a fine not to exceed $350 per |
21 | violation day. |
22 | (2) A person or society or association that commits a |
23 | second or subsequent violation of this act shall be subject |
24 | to a fine not to exceed $700 per violation day. |
25 | (c) Disposition of fines.--Fines collected under this |
26 | section shall be deposited into the Dog Law Restricted Account. |
27 | Section 7. Use of drugs. |
28 | A society or association may apply to the State Board of |
29 | Pharmacy for registration pursuant to the applicable law for the |
30 | sole purpose of being authorized to purchase, possess and |
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1 | administer drugs in accordance with section 4 to destroy |
2 | injured, sick, homeless or unwanted pet animals. A limited |
3 | license may be issued by the board to eligible applicants. A |
4 | society or association so registered shall administer drugs in |
5 | accordance with section 4. |
6 | Section 8. Use of methods of destruction on humans. |
7 | Nothing in this act shall be construed to permit the |
8 | performance of any methods of destruction provided for under |
9 | this act on any human. |
10 | Section 9. Repeal. |
11 | (a) Declaration.--The General Assembly finds and declares |
12 | that the repeal under subsection (b) is necessary to effectuate |
13 | this act. |
14 | (b) Action.--The act of December 22, 1983 (P.L.303, No.83), |
15 | referred to as the Animal Destruction Method Authorization Law, |
16 | is repealed. |
17 | Section 10. Effective date. |
18 | This act shall take effect in 90 days. |
19 | Section 1. The act of December 22, 1983 (P.L.303, No.83), |
20 | referred to as the Animal Destruction Method Authorization Law, |
21 | is amended by adding a chapter to read: |
22 | CHAPTER 1 |
23 | PRELIMINARY PROVISIONS |
24 | Section 101. Short title. |
25 | This act shall be known and may be cited as the Animal |
26 | Destruction Method Authorization Law. |
27 | Section 102. Definitions. |
28 | The following words and phrases when used in this act shall |
29 | have the meanings given to them in this section unless the |
30 | context clearly indicates otherwise: |
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1 | "Animal protection organization." Any of the following: |
2 | (1) A nonprofit society or association incorporated |
3 | under 15 Pa.C.S. Ch. 53 Subch. A (relating to incorporation |
4 | generally) for the purpose of the prevention of cruelty to |
5 | animals. |
6 | (2) A municipality which operates an animal shelter. |
7 | "Board." The State Board of Veterinary Medicine. |
8 | "Department." The Department of Agriculture of the |
9 | Commonwealth. |
10 | "Small domestic animals." As follows: |
11 | (1) Any of the following whose general intended purpose |
12 | is to be kept and cared for as household pets: |
13 | (i) Rabbits. |
14 | (ii) Mice. |
15 | (iii) Rats. |
16 | (iv) Hamsters. |
17 | (v) Guinea pigs. |
18 | (vi) Ferrets. |
19 | (vii) Birds. |
20 | (viii) Reptiles. |
21 | (ix) Amphibians. |
22 | (2) All cats and dogs. |
23 | Section 2. The act is amended by adding a chapter heading to |
24 | read: |
25 | CHAPTER 3 |
26 | METHODOLOGY |
27 | Section 3. Sections 1 and 2 of the act are renumbered and |
28 | amended to read: |
29 | Section [1] 301. Prohibited means of destruction of animals. |
30 | No animal shall be destroyed by means of [a] the following: |
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1 | (1) A high altitude decompression chamber or |
2 | decompression device. |
3 | (2) Unacceptable agents and methods published in the |
4 | most current version of the American Veterinary Medical |
5 | Association's Guidelines on Euthanasia. |
6 | (3) Drowning. |
7 | (4) Chloroform, ether, halothane or fluothane. |
8 | (5) Carbon monoxide gas from any source. |
9 | Section [2] 302. Methods of destruction of animals and |
10 | exclusive method for small domestic animals. |
11 | (a) Required method.--The required method of destruction |
12 | shall be [by the administration of an overdose of a barbiturate, |
13 | barbiturate combinations, drug or drug combinations approved for |
14 | this purpose by the Federal Drug Administration and in |
15 | accordance with guidelines established by the Pennsylvania |
16 | Department of Agriculture] the use of a method that is approved |
17 | for that purpose by the most current version of the American |
18 | Veterinary Medical Association's Guidelines on Euthanasia with |
19 | the exception of those agents and methods prohibited by section |
20 | 301. |
21 | (b) Authorized method.--Nothing in this act shall prevent a |
22 | person or [humane society] animal protection organization from |
23 | destroying [a pet] an animal by means of firearms. |
24 | (c) Small domestic animals.-- |
25 | (1) Except as set forth in paragraph (2), the use of |
26 | commercially available injectable euthanasia solution |
27 | approved by the Food and Drug Administration for that purpose |
28 | shall be the exclusive method for euthanasia of small |
29 | domestic animals. |
30 | (2) If euthanasia solution becomes unavailable, the |
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1 | board may issue a waiver of the requirements of this section |
2 | which would permit the use of any method of euthanasia that |
3 | is consistent with both the standard of care as defined by |
4 | the board and the most current version of the American |
5 | Veterinary Medical Association's Guidelines on Euthanasia. |
6 | (d) Exception for dangerous small domestic animals.--In |
7 | cases where a small domestic animal under the care and control |
8 | of any person or animal protection organization poses an |
9 | imminent threat to human or animal life, an alternative method |
10 | of euthanasia may be used if it is in accordance with section |
11 | 301 of this act. |
12 | (e) Tranquilization.--An animal may be tranquilized with a |
13 | substance approved by the Food and Drug Administration before |
14 | euthanasia commences. |
15 | Section 3.1. Section 3 of the act is repealed: |
16 | [Section 3. Administration of drugs. |
17 | The barbiturates, barbiturate combinations or other Federal |
18 | Drug Administration approved drugs or drug combinations shall be |
19 | administered by intravenous, intraperitoneal or intracardiac |
20 | injections or orally by a licensed veterinarian or as set forth |
21 | in section 6.] |
22 | Section 3.2. Section 4 of the act is renumbered and amended |
23 | to read: |
24 | Section [4] 303. Exclusions. |
25 | [Sections 2 and 3 of this act] (a) Agricultural |
26 | operations.-- |
27 | (1) This act shall not apply and nothing in this act |
28 | shall prevent the destruction of an animal by a means not |
29 | otherwise prohibited by law performed in the course of normal |
30 | agricultural operation. |
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1 | (2) As used in this section, the term "normal |
2 | agricultural operation" has the meaning given in section 2 of |
3 | the act of June 10, 1982 (P.L.454, No.133), referred to as |
4 | the Right-to-Farm Law, without regard to area utilized or |
5 | anticipated yearly income to result from the agricultural |
6 | operation. |
7 | (b) Specific entities.--The following exclusions apply: |
8 | (1) Section 302 shall not apply to: |
9 | (i) Except as prohibited in section 301, a person |
10 | licensed under the act of December 27, 1974 (P.L.995, |
11 | No.326), known as the Veterinary Medicine Practice Act; |
12 | (ii) a medical school [or]; |
13 | (iii) a school of veterinary medicine [or]; |
14 | (iv) a research institution affiliated with a |
15 | hospital or university[.]; or |
16 | (v) a research facility that is one of the |
17 | following: |
18 | (A) Registered and inspected under the Animal |
19 | Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et |
20 | seq.). |
21 | (B) Subject to the Public Health Service Policy |
22 | on the Humane Care and Use of Laboratory Animals |
23 | under the Public Health Service Act (58 Stat. 682, 42 |
24 | U.S.C. § 201 et seq.). |
25 | (C) Subject to the provisions of 21 CFR Pt. 58 |
26 | (relating to good laboratory practice for nonclinical |
27 | laboratory studies) under the Federal Food, Drug and |
28 | Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) |
29 | or the Public Health Service Act. |
30 | (2) (Reserved). |
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1 | Section 4. Section 5 of the act is repealed: |
2 | [Section 5. Use of carbon monoxide systems. |
3 | (1) Carbon monoxide gas may be used to destroy animals |
4 | seven weeks of age or older. |
5 | (2) Chloroform, ether, halothane or fluothane may be |
6 | used to destroy animals under seven weeks of age when |
7 | administered in an airtight chamber or transparent plastic |
8 | bag providing for segregation of animals by size and age |
9 | which is capable of permitting unobstructed visual |
10 | observation and which does not permit direct contact with any |
11 | device containing chloroform. |
12 | (3) Carbon monoxide gas systems shall consist of and be |
13 | equipped with: |
14 | (i) A tightly enclosed cabinet for the purpose of |
15 | containing the animals during the destruction process. |
16 | (ii) Internal lighting and a window for direct |
17 | visual observation in the cabinet at all times. |
18 | (iii) A gas generation capable of achieving a |
19 | concentration of carbon monoxide gas of at least 5% |
20 | throughout the cabinet. |
21 | (iv) A gauge or gas concentration indicator or |
22 | recording device. |
23 | (v) A means of separating animals from each other |
24 | within the cabinet, if the cabinet is of sufficient size |
25 | to facilitate more than one animal. |
26 | (vi) A means of fully removing the carbon monoxide |
27 | gas from the cabinet upon completion of the destruction |
28 | process. |
29 | (vii) If an internal combustion engine is used, a |
30 | means of cooling the gas to a temperature not to exceed |
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1 | 115 degrees Fahrenheit at the point of entry into the |
2 | cabinet and not to exceed 90 degrees Fahrenheit at any |
3 | point in the cabinet as determined by temperature gauges |
4 | permanently installed at point of entry and inside the |
5 | cabinet. |
6 | (viii) If the gas is generated by an internal |
7 | combustion engine, a means of removing or filtering out |
8 | all noxious fumes, irritating acids and carbon particles |
9 | from the gas before it enters the cabinet. |
10 | (ix) If an internal combustion engine is used, a |
11 | means of substantially deadening the sound and vibration |
12 | transmission from the engine to the cabinet, by placing |
13 | them in separate rooms or soundproof compartments |
14 | connecting them with flexible tubing or pipe at least 24 |
15 | inches in length, so that the noise level within the |
16 | cabinet shall not exceed 70 decibels. |
17 | (x) If an internal combustion engine is used, a |
18 | means for exhausting the internal combustion engine gas |
19 | during the period of engine warmup. |
20 | (4) Upon completion of the destruction process, animals |
21 | shall not be removed from the cabinet until the carbon |
22 | monoxide gas has been fully removed from the cabinet.] |
23 | Section 5. Section 6 of the act is renumbered and amended to |
24 | read: |
25 | Section [6] 304. [Humane societies' and animal shelters'] |
26 | Annual protection organization use of drugs. |
27 | (a) [Limited license.--On and after the effective date of |
28 | this act, a humane society organization or an animal control |
29 | organization may apply to the Pennsylvania State Board of |
30 | Pharmacy for registration pursuant to the applicable law for the |
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1 | sole purpose of being authorized to purchase, possess and |
2 | administer sodium pentobarbital to destroy injured, sick, |
3 | homeless or unwanted domestic pet animals. A limited license may |
4 | be issued by the board to eligible applicants. Any agency so |
5 | registered shall not permit a person to administer sodium |
6 | pentobarbital unless such person has demonstrated adequate |
7 | knowledge of the potential hazards and proper techniques to be |
8 | used in administering this drug.] License.--The following apply |
9 | to animal protection organizations: |
10 | (1) An animal protection organization may apply to the |
11 | board for the sole purpose of being authorized to purchase, |
12 | possess and administer drugs approved for euthanasia under |
13 | section 302 in accordance with regulations promulgated under |
14 | this act and the act of December 27, 1974 (P.L.995, No.326), |
15 | known as the Veterinary Medicine Practice Act. |
16 | (2) An animal protection organization authorized under |
17 | paragraph (1) may not permit a person to administer drugs |
18 | approved for euthanasia unless that person holds a current |
19 | euthanasia technician license under subsection (c). |
20 | (3) Notwithstanding any other provision of this act, if |
21 | the department suspends or revokes a kennel license of an |
22 | animal protection organization under the act of December 7, |
23 | 1982 (P.L.784, No.225), known as the Dog Law, the |
24 | authorization to purchase, possess and administer drugs |
25 | approved for euthanasia under subsection (c) shall be |
26 | immediately revoked. |
27 | (b) Regulation and enforcement.--The following regulation |
28 | and enforcement provisions shall apply: |
29 | (1) The [Pennsylvania Department of Agriculture] board |
30 | shall regulate and enforce the provisions of this [section.] |
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1 | act. |
2 | (2) To implement this subsection, the board shall: |
3 | (i) issue a statement of policy within 120 days of |
4 | the effective date of this paragraph; and |
5 | (ii) promulgate regulations within one year of the |
6 | effective date of this paragraph. |
7 | (c) Euthanasia technicians.--The following shall apply: |
8 | (1) The board may issue a euthanasia technician license |
9 | to an applicant who satisfies all of the following: |
10 | (i) Meets the eligibility criteria established by |
11 | the board, which shall include knowledge of the |
12 | Commonwealth's statutes and regulations relating to |
13 | euthanasia. |
14 | (ii) Demonstrates adequate knowledge of the |
15 | potential hazards and proper techniques to be used in |
16 | administration of euthanasia drugs by satisfying all |
17 | requirements of the board and at least one of the |
18 | following: |
19 | (A) Successfully completes a euthanasia |
20 | technician certification course, including at least |
21 | 14 hours of instruction, which is approved by the |
22 | board and administered by: |
23 | (I) the National Animal Control Association; |
24 | (II) the American Humane Association; |
25 | (III) the Humane Society of the United |
26 | States; |
27 | (IV) the Pennsylvania Veterinary Medical |
28 | Association; |
29 | (V) the University of Pennsylvania School of |
30 | Veterinary Medicine; |
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1 | (VI) the Federated Humane Societies of |
2 | Pennsylvania; or |
3 | (VII) any other courses approved by the |
4 | board. |
5 | (B) Is a euthanasia technician registered or |
6 | licensed under the laws of another state or territory |
7 | of the United States which has requirements |
8 | substantially similar to the requirements of this |
9 | section and presents satisfactory proof to the board |
10 | of being engaged in the practice of euthanasia for a |
11 | period of at least one year out of the past five |
12 | years. |
13 | (C) Meets other requirements established by the |
14 | board. |
15 | (2) The board shall regulate, discipline and enforce the |
16 | provisions of this subsection by: |
17 | (i) issuing a statement of policy within 120 days of |
18 | the effective date of this subsection; and |
19 | (ii) promulgating regulations within one year of the |
20 | effective date of this subsection. |
21 | (d) Cooperation.--For the purpose of enforcement of this |
22 | act, the board may enter into a memorandum of understanding with |
23 | the department and designate the department to act as its |
24 | authorized agent for the limited purposes of inspecting and |
25 | monitoring animal protection organizations, and persons who |
26 | euthanize animals on behalf of animal protection organizations, |
27 | for compliance with the applicable requirements and any |
28 | implementing regulations. |
29 | Section 5.1. The act is amended by adding a section to read: |
30 | Section 305. Disclosure. |
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1 | Upon request, any veterinarian or animal protection |
2 | organization utilizing an euthanasia method for the destruction |
3 | of small domestic animals must disclose all methods that are |
4 | utilized by the person. |
5 | Section 6. The act is amended by adding a chapter heading to |
6 | read: |
7 | CHAPTER 5 |
8 | ADMINISTRATION AND ENFORCEMENT |
9 | Section 7. Section 7 of the act is renumbered and amended to |
10 | read: |
11 | Section [7] 501. Existing devices. |
12 | Any [humane society organization or any other similar] |
13 | person, animal protection organization or other organization |
14 | which, on the effective date of this act, has in its possession |
15 | a chamber or device, the use of which is prohibited by this act, |
16 | shall, within 30 days of the effective date of this act, |
17 | dismantle and render inoperative the chamber or device. |
18 | Section 8. Section 8 of the act is repealed: |
19 | [Section 8. Surplus funds. |
20 | Whenever the Secretary of Agriculture declares that there is |
21 | a surplus of money in the Dog Law Restricted Account, he may |
22 | provide payment to those persons who qualify under rules and |
23 | regulations of the department for reimbursement of losses |
24 | sustained as a result of compliance with the provisions of this |
25 | act.] |
26 | Section 9. Section 9 of the act is renumbered and amended to |
27 | read: |
28 | Section [9] 502. Penalty. |
29 | (a) Additional penalties.--Any penalty imposed by the board |
30 | under this section shall be in addition to the civil and |
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1 | criminal penalties provided for under the act of December 27, |
2 | 1974 (P.L.995, No.326), known as the Veterinary Medicine |
3 | Practice Act. |
4 | (b) Destruction of small domestic animals.--Any person or |
5 | animal protection organization [found guilty of violating the |
6 | provisions of this act] not authorized or licensed under this |
7 | act that is found in violation of section 301 or 302(c) by the |
8 | board or the State Board of Pharmacy shall be fined not to |
9 | exceed [$250] $500 per violation day. The board or the State |
10 | Board of Pharmacy may impose an additional penalty of $1,000 per |
11 | violation for a second or subsequent violation of section 301 or |
12 | 302(c). |
13 | (c) Additional civil penalty imposed by the board.-- |
14 | (1) In addition to any other civil penalty provided for |
15 | under this act, the board may impose a civil penalty of up to |
16 | $10,000 on any current licensee or certificate holder who |
17 | violates any provision of this act or any person who |
18 | practices as a euthanasia technician without being properly |
19 | licensed under this act. |
20 | (2) The penalty under paragraph (1) may be imposed by |
21 | the board after affording the accused party the opportunity |
22 | for a hearing, as provided under 2 Pa.C.S. (relating to |
23 | administrative law and procedure). |
24 | (d) Disposition of fines.--All fines and civil penalties |
25 | imposed in accordance with this act shall be paid into the |
26 | Professional Licensure Augmentation Account. |
27 | Section 10. The act is amended by adding a chapter heading |
28 | to read: |
29 | CHAPTER 11 |
30 | MISCELLANEOUS PROVISIONS |
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1 | Section 11. Sections 10 and 11 of the act are renumbered to |
2 | read: |
3 | Section [10] 1101. Use of methods of destruction on humans. |
4 | Nothing in this act shall be construed to permit the |
5 | performance of any methods of destruction provided for herein on |
6 | any human person. |
7 | Section [11] 1102. Effective date. |
8 | This act shall take effect in six months. |
9 | Section 12. This act shall take effect as follows: |
10 | (1) The renumbering and amendment of section 1 of the |
11 | act shall take effect in 90 days. |
12 | (2) This section shall take effect immediately. |
13 | (3) The remainder of this act shall take effect in 180 |
14 | days. |
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