Regulated to Death:

Planning the Humane Death of your Horse

By Denise E. Farris, Esq.

"Euthanasia is defined as the "intentional causing of a painless and easy death to a patient suffering from an incurable or painful disease". Webster's II University Dictionary 1996.

When Ernie told me this issue of Checkerboard would deal with care for the "aged equine", I was at a loss on applicable legal topics. The obvious choice was "euthanasia" and the issues surrounding the death and disposal of the horse.

However, as the owner of a 22 year old Arabian mare who, quite frankly, is responsible for my foray into equine law, I found it difficult to even consider her death, and more difficult to think about what I would need to do when it happened. Even after I started this article, I found it hard to complete. Quite frankly, I do not WANT to think about my mare dying. I do not WANT to think about what is required as to means and methods of euthanasia, or even whether or not I could bury her on our small farm. Like many owners attached to their horses, I do not want to think about it, because then I can ignore the possibility of her death. Not a good plan for any owner with a horse in its late teens and twenties, and certainly not in the best interest of the animal where such lack of planning often results in the death being much more traumatic by virtue of its surprise, location and circumstances. Looking at it this way, perhaps being unprepared is the cruelest thing we can do to our aged animals.

So saying, I bear in mind the quote from Pam Hullinger, D.V.M, and Carolyn Stull, PhD, University of California - Davis. "With a true appreciation of life comes the responsibility of ensuring a humane death". As noted by Drs. Hullinger and Stull, one of the most difficult decisions a person may make is when to end a loved animal's life. Many of these decisions must be made in very stressful and less-than-ideal situations. In particular, the death of a horse carries its own unique issues. Not only does the owner experience the loss of a beloved pet, but in many instances the sheer size of the animal compounds the problems, including potential risk of injury to surrounding animals, property or handlers; difficulty of carcass removal; and difficulty of ultimate carcass disposal. By sheer size alone, with most horses weighing over 1000 pounds, equipment will be required to remove the remains from one location to the other. Often times, an unexpected death results in the remains of the

animal being located in the most inconvenient spot for removal (i.e, the horse stall). And, contrary to anyone's desire to ignore the possibility, a horse carcass is not a problem that goes away if ignored. In fact, should the carcass not be disposed of in a reasonably immediate and statutorily compliant manner, the owner's grief may well be compounded by state and county fines relating to environmental, animal and/or county health department violations.

Thus consideration of these issues ahead of time allows the owner to investigate, learn and carefully plan to ensure the horse's death occurs in a calm and humane manner, yet also reasonably planned and convenient for the issues addressed above. So, in making this most grim but important game plan, here are some issues to consider.

1. How do I plan for my horse's death?

First, consider your animals. If you are currently caring for aged horses, what is their relative age, health and physical condition? If you feel that any horse in your care is a candidate for that "great pasture in the sky", visit with your veterinarian to explore the various euthanasia options available, and the veterinarian's recommendations as to signs indicating the decision is close at hand. In most instances, the obvious signs are either a painful incurable disease or one requiring continuous medication to alleviate pain; serious traumas such as open long bone or abdominal injuries, seizure disorders that create hazards for the horse or handlers, or the aged animal who finds it difficult to eat, walk and eventually, stand. Your veterinarian can advise as to the best method of euthanasia, and can help you plan the most humane way in which to put your animal out of its suffering.

2. What considerations do I need to bear in mind?

a. Obtain insurer's approval if necessary. Although most mortality policies do not cover aged horses, in certain instances an older horse may still carry insurance. If so, you must first contact your carrier to advise them of the situation. The insurer will typically require a veterinarian report verifying the necessity for euthanasia and stating the reasons for same.

b. Determine if your breed association requires death certifications. The veterinarian may be required to certify death on forms provided by your specific breed association. Check your breed rules and regulations, and secure the necessary forms ahead of time to be sure you comply with your association's required reports.

c. Consider and choose a safe location.

Although sounding grim, remember that even in the euthanasia process you have a legal duty to provide reasonable care for the horse, other animals in proximity to the horse, human handlers, and spectators. Also determine if the horse is or may be a hazard to itself, other animals or its handlers. Examples may be violent or uncontrollable, self-destructive thrashing behavior. Plan the location of while still maintaining a humane environment for the animal.

d. Choose an accessible area. Remember, the remains for a euthanized horse cannot simply be lifted, carried out and buried in a shoebox like your pet hamster or parakeet. Instead, you will be dealing with a 1000 pound carcass. In most instances removal will require heavy equipment which requires space to maneuver. Thus where possible, choose a location where the remains can be reached by removal equipment and also without the necessary of wall or structure removal, yet also not so remote as to cause any further pain or unnecessary suffering when moving the living horse to the euthanization area. In addition, where possible, chose a location that is reasonably private. Regardless of the kindness of the act, it may not appear so to casual passersby or to persons not understanding the process or the reasons underlying it.

e. Choose a low-risk method of euthanasia. The method of euthanasia should not put anyone at risk. Typically euthanasia is accomplished through the administration of barbituates. However, even this most humane practice can result in the horse falling and thrashing while the drugs take effect. Other methods carry their own risks. Before barbiturates were used, a quick gunshot to the head was considered the most humane method of euthanasia. In certain instances this may be the required method. If so, be sure to consider

the risks associated. For instance, consider and guard against the risk of a misfired or ricocheting bullet, or even the unpredictability of a falling or thrashing animal. Be sure to keep other animals a safe distance away, and ensure the safety of both the animal as well as any handlers or spectators in the vicinity.

3. What Happens Next?

Perhaps the most difficult decision is how to handle the remains. To a large extent, this is regulated by statute. It is important to check with your state's Animal Health Department to obtain a copy of your state's disposal requirements.

For example, the State of Kansas codifies "dead animal carcass disposal" at K.S.A. 47-1219. The statute:

1. Prohibits the disposal of animal carcasses into any water source such as wells, springs, rivers, ponds, roads, alleys, meadows or commons;

2. Classifies all violations a "misdemeanor" with a $100 fine; and

3. Permits compounding of the fine for each day the carcass remain in the prohibited area. The statute additionally requires that disposal must be accomplished by either:

1. Burial in an area segregated from water sources, roads or commons, and at a minimum depth of three feet underground;

2. Incineration, or

3. Delivery or unloading of the carcass at a disposal plant, substation, rendering plant, or place of transfer licensed by the commissioner. You can contact your state Animal Health Department to secure phone numbers for the nearest rendering plant.

Well, this is undoubtedly the most depressing article of my legal writing career.

However, it did force me to deal with an issue I've been avoiding, and to give some thought to how I will handle my horse's eventual death. As hard as it is to consider the possibilities, I think we all agree planning ahead is a much better solution that making these difficult decisions in an emergency environment without having given much thought to the factors or the ramifications. Hopefully, by feeding our horses that great Purina Equine Senior, we won't have to deal with this situation for many more years!