TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 24 SHELTERING
PROVIDERS
PART 1 GENERAL PROVISIONS
16.24.1.1 ISSUING
AGENCY: New Mexico Board of Veterinary Medicine.
[16.24.1.1
NMAC - N, 7/1/18]
16.24.1.2 SCOPE:
This part applies to applicants, licensees, certificate holders and
persons or agencies within the jurisdiction of the board.
[16.24.1.2
NMAC - N, 7/1/18]
16.24.1.3 STATUTORY
AUTHORITY: Section 61-14-5 NMSA 1978.
[16.24.1.3
NMAC - N, 7/1/18]
16.24.1.4 DURATION:
Permanent.
[16.24.1.4
NMAC - N, 7/1/18]
16.24.1.5 EFFECTIVE
DATE: July 1, 2018 unless a later date is cited at
the end of a section.
[16.24.1.5
NMAC - N, 7/1/18]
16.24.1.6 OBJECTIVE: To define terms relevant to
animal sheltering, euthanasia, circumstances under which a license is required,
persons exempted from licensing, custody and alteration of a license,
transferability, display of license, notification of changes, local
regulations, and professional ethical standards, and to set forth standards for
the operation, meeting and record keeping requirements of the board.
[16.24.1.6
NMAC - N, 7/1/18]
16.24.1.7 DEFINITIONS:
A. Words starting with
the letter A:
(1) “Act” means the Veterinary Practice
Act, Subsections B of Sections 77-1-1 through 77-1-12 NMSA 1978.
(2) “Animal” means any animal, except
humans, not defined as "livestock" in Subsection T of this section.
(3) “Animal shelter” means:
(a) a county or municipal facility that provides shelter to
animals on a regular basis; and
(b) a
private humane society or a private animal shelter that temporarily houses
stray, unwanted or injured animals through administrative or contractual
arrangements with a local government agency; and
(c) does not include a municipal zoological park.
B. Words starting with
the letter B: “Board” means the
board of veterinary medicine.
C. Words starting with
the letter C:
(1) “Companion animal” means any vertebrates commonly
kept as domestic pets, excluding man, and those under the jurisdiction of the
New Mexico department of game and fish and those under the jurisdiction of the
New Mexico livestock board.
(2) “Consulting pharmacist” means a
pharmacist whose services are engaged on a routine basis by a euthanasia agency
and who is responsible for the distribution, receipt and storage of drugs
according to the state and federal regulations.
D. Words starting with
the letter D:
(1) “Dangerous drug” means a drug, other than a
controlled substance enumerated in schedule I of the Controlled Substances Act,
that because of a potentiality for harmful effect or the method of its use or
the collateral measures necessary to its use is not safe, except under the
supervision of a practitioner licensed by law to direct the use of such drug
and hence for which adequate directions for use cannot be prepared. ‘Adequate
directions for use’ means directions under which the layperson can use a drug
or device safely and for the purposes for which it is intended.
(2) “DEA” means United States drug
enforcement administration.
(3) “Disposition” means the adoption of an
animal; return of an animal to the owner; release of an animal to a rescue
organization; release of an animal to another animal shelter or to a rehabilitator
licensed by the department of game and fish or the United States fish and
wildlife service; or euthanasia of an animal.
E. Words starting with
E:
(1) “Emergency field euthanasia” means the process defined by rule
of the board to cause the death of an animal in an emergency situation when the
safe and humane transport of the animal is not possible.
(2) “Euthanasia” means to produce the
humane death of an animal by standards deemed acceptable to the board as set
forth in its rules.
(3) “Euthanasia agency” means a facility
licensed by the board that provides shelter to animals on a regular basis,
including a humane society or a public or private shelter facility that
temporarily houses stray, unwanted or injured animals, and that performs euthanasia.
(4) “Euthanasia drugs” means non-narcotic
schedule II or schedule III substances and chemicals as set forth in the
Controlled Substances Act, Section 30-31-1 et. seq. NMSA 1978, that
are used for the purposes of euthanasia and pre-euthanasia of animals.
(5) “Euthanasia instructor” means a
euthanasia technician or a veterinarian certified by the board to instruct
other individuals in euthanasia techniques.
(6) “Euthanasia
technician” means a person licensed by the board to euthanize animals for a
euthanasia agency.
(7) “Exotic”
means any vertebrate animals, excluding man, wild animals, livestock and
companion animals.
F. Words starting with
F: “FDA” means United States food
and drug administration.
G. Words staring with
G: [Reserved]
H. Words starting with
H: “Humanely” means actions marked
by compassion, sympathy or consideration, especially for the prevention of the
suffering of the animal.
I. Words starting with
I: [Reserved]
J. Words starting with
J: [Reserved]
K. Words starting with
K: [Reserved]
L. Words starting with
L: “Livestock” means all domestic or
domesticated animals that are used or raised on a farm or ranch and exotic
animals in captivity and includes horses, asses, mules, cattle, sheep, goats, swine,
bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae
but does not include canine or feline animals.
M. Words starting with
M: [Reserved]
N. Words starting with
N: “Non-livestock” means any animal
not covered under the definition of livestock in Subsection L of Section
77-1B-2 NMSA 1978.
O. Words starting with
O: [Reserved]
P. Words starting with
P: [Reserved]
Q. Words starting with
Q: [Reserved]
R. Words starting with
R: “Rescue organization” means an
organization that rescues animals and is not involved in the breeding of
animals.
S. Words starting with
S:
(1) “Sharps” means any discarded article that may cause
punctures or cuts. Such wastes may
include, but are not limited to needles, scalpel blades, glass slides, glassware,
suture needles and trocars.
(2) Supervising
veterinarian” means a person who is a New Mexico-licensed veterinarian, who
holds both a valid New Mexico controlled substance license and a valid federal
drug enforcement agency license and who approves the drug protocols and the
procurement and administration of all pharmaceuticals at a euthanasia agency.
T. Words starting with T:
[Reserved]
U. Words starting with
U: [Reserved]
V. Words starting with
V:
(1) “Veterinarian”
means a person who is licensed as a doctor of veterinary medicine by the
board of veterinary medicine pursuant to the Veterinary Practice Act, Section
61-14-1 et. seq. NMSA 1978.
(2) “Veterinary facility” means any building, mobile unit,
vehicle or other location where services included within the practice of
veterinary medicine are provided.
W. Words starting with W: “Wild animal” means any
vertebrate animals under the jurisdiction of the New Mexico game and fish
department.
X. Words starting with X: [Reserved]
Y. Words starting with
Y: [Reserved]
Z. Words starting with
Z: [Reserved]
[16.24.1.7
NMAC - N, 7/1/18]
16.24.1.8 NON-PUBLIC
RECORDS: The following records are considered
confidential and are not subject to public inspection:
A. letters of
reference;
B. medical reports
or records of chemical dependency, physical or mental examinations or
treatment;
C. the contents of
any examination used to test for an individual's knowledge or competence;
D. investigative
files if disclosure would impede the investigation;
E. written
communication relating to actual or potential disciplinary action, including
complaints, until the board acts or declines to act; and
F. matters of
opinion in personnel files.
[16.24.1.8
NMAC - N, 7/1/18]
16.24.1.9 SAVINGS
CLAUSE: If any provision of these rules or the
application thereof to any person or circumstances shall be held to be invalid
or unconstitutional, the remainder of these rules and the application of such
provisions to other persons or circumstances shall not be affected thereby.
[16.24.1.9
NMAC - N, 7/1/18]
HISTORY OF 16.24.1 NMAC:
History of Repealed Material:
16.24.1
NMAC, General Provisions, filed 05/14/2009 - Duration expired 7/21/2012.
16.24.1 NMAC,
General Provisions, filed 2/5/2014, repealed by Animal Sheltering Board,
effective 6/30/2018