Common use of Euthanasia Clause in Contracts

Euthanasia. Once an animal has been determined to be unadoptable by the ACO, in accordance with the processes/funding requirements in Section 2(c) “Funding” of this MOU, including veterinary consultation and giving FOSAS the option to adopt, the ACO may proceed with euthanasia in accordance with the SGC and applicable State laws. The Parties acknowledge that current SGC allows for the ACO to “destroy” unclaimed animals after the 3/5 day minimum holding period.10 Removing ACO discretion on this matter would require a code change. However, the Parties also acknowledge that ACO discretion is constrained by state law provisions on humane euthanasia, including AS 08.02.050 regarding euthanasia of domestic animals using controlled substances, and 18 AAC 36.500 General Care Standards, including subsection (d) requiring humane euthanasia and subsection (f) which adopts by reference the American Veterinary association’s (AVMA) Guidelines for the Euthanasia of Animals 2020 Edition. State law requires the ACO to exercise his/her discretion within the bounds of state law. The Parties also acknowledge that as of the date of this MOU, Alaska Statute 08.02.050 regarding the certification of euthanasia technicians, per the State’s own admission, is impossible to follow.11 The Parties agree that at present, the State’s alternative methods of licensing of euthanasia technicians are acceptable, per State guidance, despite being technically out-of- compliance with the law. The Parties acknowledge that State law will likely change, that any superseding State laws regarding euthanasia must be complied with, and that any superseding statute/s would strike any conflicting provisions of this MOU without invalidating the MOU as a whole. 10 SGC § 08.05.040

Euthanasia. Once an animal has been determined to be unadoptable by the ACO, in accordance with the processes/funding requirements in Section 2(c) “Funding” of this MOU, including veterinary consultation and giving FOSAS the option to adopt, the ACO may proceed with euthanasia in accordance with the SGC and applicable State laws. The Parties acknowledge that current SGC allows for the ACO to “destroy” unclaimed animals after the 3/5 day minimum holding period.10 Removing ACO discretion on this matter would require a code change. However, the Parties also acknowledge that ACO discretion is constrained by state law provisions on humane euthanasia, including AS 08.02.050 regarding euthanasia of domestic animals using controlled substances, and 18 AAC 36.500 General Care Standards, including subsection (d) requiring humane euthanasia and subsection (f) which adopts by reference the American Veterinary association’s (AVMA) Guidelines for the Euthanasia of Animals 2020 Edition. State law requires the ACO to exercise his/her discretion within the bounds of state law. The Parties also acknowledge that as of the date of this MOU, Alaska Statute 08.02.050 regarding the certification of euthanasia technicians, per the State’s own admission, is impossible to follow.11 The Parties agree that at present, the State’s alternative methods of licensing of euthanasia technicians are acceptable, per State guidance, despite being technically out-of- compliance with the law. The Parties acknowledge that State law will likely change, that any superseding State laws regarding euthanasia must be complied with, and that any superseding statute/s would strike any conflicting provisions of this MOU without invalidating the MOU as a whole. 10 SGC § 08.05.04008.05.040 “AS 08.02.050(a)(2) requires a qualified agency to certify that it will not permit an employee to administer the drugs unless the employee has successfully completed a euthanasia technician certification course approved by the National Animal Control Association, the American Humane Association, or the Humane Society of the United States. However, since this statute was put into place, the National Animal Control Association (now called the National Animal Care and Control Association) has stopped approving courses and instead offers recommended courses; the American Humane Association (now called the American Humane) does not seem to support or certify euthanasia training; and the Humane Society of the United States does not offer or certify courses and stopped licensing trainers in 2023 – though they offer a list of previously licensed trainers on their website. As a result, we recognize it’s impossible to comply with this statute as currently written. Due to these changes since the statute was put into place, the division has determined the following certification courses will still qualify under the intent of AS 08.02.050(a)(2): • Completion of a euthanasia technician certification course recommended by the National Animal Care and Control Association; • Training under an individual who held certification as a trainer by the Humane Society of the United States when those certifications were still offered; or • Completion of the university of Florida’s Euthanasia by Injection course (parts 1 & 2), which has been recommended as an acceptable standard by the National Animal Care and Control Association and the Humane Society of the United States.”