Act to amend the Uniform Controlled Substances Act and Chapter Title 10 of the Guam Code (P.L. 28-34)

I MINA’BENTE OCHO NA LIHESLATURAN GUÅHAN file:///D/HTML/gum68359.htm[15.01.2025 17:38:03] Public Law 28-34 I MINA'BENTE OCHO NA LIHESLATURAN GUÅHAN 2005 (FIRST) Regular Session Bill No. 56 (EC) As substituted by the Committee and further substituted on the Floor. Introduced by: R.J. Respicio J. M.S. Brown R. Klitzkie F. B. Aguon, Jr. Edward J.B. Calvo B. J.F. Cruz Mike Cruz Mark Forbes L. F. Kasperbauer L. A. Leon Guerrero J. A. Lujan A. B. Palacios Ray Tenorio A. R. Unpingco J. T. Won Pat AN ACT TO AMEND SUBSECTIONS (2) AND (29) OF §67.100 OF ARTICLE 1 AND TO ADD NEW SUBSECTIONS (g), (h), and (i) TO §67.302 OF ARTICLE 3 OF CHAPTER 67 OF TITLE 9 OF THE GUAM CODE ANNOTATED (THE UNIFORM CONTROLLED SUBSTANCES ACT), AND TO ADD A NEW §121906 TO ARTICLE 19 OF CHAPTER 12, DIVISION 1, PART 1 OF TITLE 10 OF THE GUAM CODE ANNOTATED, TO ALLOW POSSESSION OF APPROVED CONTROLLED SUBSTANCES AT THE GOVERNMENT OR GOVERNMENT CONTRACTED ANIMAL SHELTER FOR THE HUMANE EUTHANASIA OF ANIMALS AND TO PROVIDE FOR LICENSED ANIMAL EUTHANASIA TECHNICIANS UNDER THE GUAM BOARD OF ALLIED HEALTH EXAMINERS. BE IT ENACTED BY THE PEOPLE OF GUAM: Section 1. Legislative Statement. I Liheslaturan Guåhan finds that amendments to the Guam Uniform Controlled Substances Act (Chapter 67 of Title 9 of the Guam Code Annotated) should be made to allow animal euthanasia technicians licensed by the Guam Allied Health Board to administer sodium pentobarbital or Xylazine which are recognized by the American Veterinary Medical Association for the purpose of humane euthanasia animals. By way of background, on February 17, 2000, Guam Animals in Need, Inc. (GAIN), a Guam humane society, and Guam Department of Health and Social Services (DPHSS) entered into a six-year contract wherein GAIN would provide all animal care services for cats and dogs delivered to the DPHSS Animal Shelter, Yigo, in accordance with the laws and regulations concerning such care set forth in Articles 1 and 2 of Chapter 34 of Title 10, Guam Code Annotated. These services include the humane euthanasia of sick, injured or unwanted cats and dogs. Humane Euthanasia includes the administration of the controlled substances sodium pentobarbital and other controlled substances used to sedate animals before euthanasia. Guam’s Uniform Controlled Dangerous Substances Act presently prohibits the purchase, possession, or administration to animals of controlled substances by any person other than a veterinarian registered under the Allied Health Practices Act, Chapter 12 et seq. of Title 10 of the Guam Code Annotated. Thus, animal euthanasia at the Shelter can only be performed by a veterinarian who holds a registration through the DPHSS and the Drug Enforcement Administration (DEA), and who is licensed by I MINA’BENTE OCHO NA LIHESLATURAN GUÅHAN file:///D/HTML/gum68359.htm[15.01.2025 17:38:03] the Guam Board of Allied Health Examiners. The present law does not allow GAIN to purchase, possess, or administer such animal euthanasia drugs through its own DPHSS and DEA registration. I Liheslatura finds the restrictions of the present law result in animal suffering, in that sick, injured and unweaned animals brought to the Shelter must be transported to a veterinarian for euthanasia, thereby prolonging the animal’s suffering. If the animal is brought to the Shelter on a weekend, it is likely that its suffering will be prolonged until a weekday or until a veterinarian can be located who will agree to euthanize the animal. As well, many registered veterinarians on Guam are reluctant to perform animal euthanasia. When the veterinarians who are willing to provide such services are not on Guam, it is difficult for GAIN to find veterinarians who are available and willing to provide such services. I Liheslatura finds that thirty-one (31) other states have successfully amended their controlled substance laws to allow the purchase, possession, and administration of such euthanasia drugs by animal control shelters and animal pounds, and that these amendments have had a positive impact on reducing animal suffering without causing any danger to the general public. It is I Liheslatura’s intent to allow the government animal shelter duly licensed on Guam and recognized by the Department of Agriculture to apply for licensing to purchase, possess, and administer euthanasia drugs for the specific purpose of humane euthanasia of animals, and to limit the personnel who may perform such animal euthanasia to those individuals specifically trained in animal euthanasia procedures by a registered veterinarian as provided for under the Guam Board of Allied Health Examiners. Section 2. Amendment to definition of “administer” in Guam Uniform Controlled Substances Act. The first paragraph of Subsection (2) of §67.100 of Chapter 67 of Title 9 of the Guam Code Annotated is hereby amended to read: “(2) Administer, unless the context otherwise requires, means to apply a controlled substance, whether by injection, inhalation, ingestion or any other means, directly to the body of a patient, an animal, or research subject by:” Section 3. Amendment to definition of “practitioner” in Guam Uniform Controlled Substances Act. Subsection (29) of §67.100 of Chapter 67 of Title 9 of the Guam Code Annotated is hereby amended to read: “(29) Practitioner means a physician, dentist, veterinarian, scientific investigator, pharmacist, pharmacy, hospital, government operated or government contracted animal shelter, or other person licensed, registered, or otherwise permitted, by Guam, to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.” Section 4. Exception for purposes of animal euthanasia. §67.302 of Article 3 of the Uniform Controlled Dangerous Substances Act, Title 9 of the Guam Code Annotated, is hereby amended by the addition of the following Subsections (g) and (h): “(g) A government operated or government contracted animal shelter recognized by the Department of Agriculture is authorized to purchase, possess, and administer sodium pentobarbital and Xylazine for the purpose of humane euthanasia of animals provided that a U.S. Drug Enforcement Administration controlled substance permit is also secured. The possession and administering of sodium pentobarbital and Xylazine for euthanasia pursuant to Subsections I MINA’BENTE OCHO NA LIHESLATURAN GUÅHAN file:///D/HTML/gum68359.htm[15.01.2025 17:38:03] (g) and (h) of this Section is restricted solely to the premises of a government operated or government contracted animal shelter recognized by the Department of Public Health and Social Services. (h) Agents of a government operated or government contracted animal shelter recognized by the Department of Public Health and Social Services shall possess a current animal euthanasia technician license issued by the Guam Board of Allied Health Examiners to administer sodium pentobarbital and Xylazine for the euthanasia of animals. The requirements for the issuance of an animal euthanasia technician license shall be determined and developed by the Guam Board of Allied Health Examiners.” Section 5. Animal Euthanasia Technician Certification. §121906 of Article 19 of Chapter 12 of Division 1, Part 1 of Title 10 of the Guam Code Annotated, is added to read: “§121906. Trained Persons Performing Animal Euthanasia. Notwithstanding any other provision of this Chapter 12, agents or employees of a government operated or government contracted animal shelter may lawfully possess and administer, under the supervision of a Guam licensed veterinarian, sodium pentobarbital or Xylazine for the purpose of euthanasia of animals; provided, that the agents or employees of the licensed government operated or government contracted animal shelter have successfully completed an animal euthanasia technician certification course approved by the Board of Allied Health Examiners. This training shall be conducted by a veterinarian currently registered on Guam, and shall include the following areas: knowledge of federal and Guam laws regarding the proper storage, inventory and handling of controlled substances, the potential hazards of such controlled substances, the use and administration of such controlled substances, humane animal euthanasia procedures, and other subjects as shall be required by the Guam Board of Allied Health Examiners. Upon certification by the veterinarian that a person has successfully completed the course, the Guam Board of Allied Health Examiners may issue an animal euthanasia technician license to said person, subject to annual renewal. The Board may revoke or suspend the license at any time for good cause.”