<-1Amending the act of December 15, 1986 (P.L.1610, No.181),
2entitled "An act providing for the establishment and
3operation of a Statewide system for the prevention and
4control of rabies; imposing additional powers and duties on
5the Departments of Agriculture and Health; providing for
6emergency declarations; fixing penalties for violations; and
7making an appropriation," further providing for vaccination
8required.

<-9Amending the act of December 15, 1986 (P.L.1610, No.181),
10entitled "An act providing for the establishment and
11operation of a Statewide system for the prevention and
12control of rabies; imposing additional powers and duties on
13the Departments of Agriculture and Health; providing for
14emergency declarations; fixing penalties for violations; and
15making an appropriation," further providing for findings, for
16legislative intent, for definitions, for Statewide system for
17rabies control, for powers and duties of department, for
18testing, for vaccination required and certificate and tag,
19for antirabies clinics, for veterinarians participating in
20low-cost rabies clinics and for powers and duties of
21department relating to wildlife.

22The General Assembly of the Commonwealth of Pennsylvania
23hereby enacts as follows:

<-24Section 1. Section 8(a) and (d) of the act of December 15,
251986 (P.L.1610, No.181), known as the Rabies Prevention and
26Control in Domestic Animals and Wildlife Act, amended July 1,
271987 (P.L.184, No.23), are amended and the section is amended by

1adding a subsection to read:

2Section 8. Vaccination required; certificate [and], tag and
3exemption.

4(a) Requirement.--[Every] Except as provided for in
5subsection (f), every person living in this Commonwealth, owning
6or keeping a dog or cat over three months of age, shall cause
7that dog or cat to be vaccinated against rabies. Rabies vaccine
8shall be administered by a licensed veterinarian or under the
9supervision of a licensed veterinarian. The Commonwealth shall
10recognize the three-year rabies vaccine as the vaccine to be
11used. Those animals vaccinated after one year of age shall get
12booster vaccinations every three years thereafter. Those animals
13vaccinated prior to one year of age will be considered protected
14for only one year and shall receive a booster vaccination one
15year later on the anniversary date of the original vaccination
16and shall be vaccinated every three years thereafter.

17* * *

18(d) Enforcement.--[It shall be the duty of every] Every
19police officer or State dog warden or the designated municipal
20animal control officer [to] shall issue a citation to every
21person who owns a dog or cat which is not vaccinated pursuant to
22subsection (a) [or], (b) or (f).

23* * *

24(f) Exemption.--

25(1) An exemption from vaccination against rabies for a
26dog or cat pursuant to subsection (a) may be granted if a
27licensed veterinarian has examined the animal and determines
28that it would be medically contraindicated to vaccinate the
29animal due to an infirmity, other physical condition or
30regimen of therapy.

1(2) The department shall develop an exemption form which
2must be completed and signed by the veterinarian and animal
3owner.

4(3) A rabies vaccination exemption shall be valid for a
5period of up to one year after which the animal shall be re-
6examined. At that time the animal shall either be vaccinated
7against rabies or, if exemption status still applies, a new
8certificate of exemption shall be issued.

9(4) The veterinarian shall maintain the signed exemption
10as part of the animal's medical records and provide a copy to
11the owner.

12Section 2. This act shall take effect in 60 days.

<-13Section 1. Sections 2 and 3 of the act of December 15, 1986
14(P.L.1610, No.181), known as the Rabies Prevention and Control
15in Domestic Animals and Wildlife Act, are amended to read:

16Section 2. Findings.

17(a) Incidence of rabies.--[The incidence of rabies
18throughout this Commonwealth has increased over the past six
19years in alarming proportions. In 1985, 450 laboratory-confirmed
20rabies cases were reported in this Commonwealth, as compared to
21only 16 confirmed cases in 1979. Furthermore, the epidemic is
22spreading across the State. In 1981, only nine counties reported
23cases of rabies, whereas, in 1985, rabies cases were reported in
24almost half the counties of this Commonwealth.] Each year 
25several hundred cases of rabies in animals are reported in this 
26Commonwealth. The animals include wild animals, livestock and 
27domestic pets. Human exposure can occur through contact with 
28rabid animals.

29(b) Impact of rabies epidemic.--The socioeconomic impact of
30[the epidemic is frightening. Not only is the postexposure

1treatment costly, but the] rabies in animals and humans is 
2significant. Infection by the rabies virus is almost always 
3fatal. The protocol surrounding a single suspected rabid animal
4requires the expenditure of both monetary and human resources by 
5the department, and the human postexposure prophylaxis is 
6expensive.

7Section 3. Legislative intent.

8It is the intent of the General Assembly to provide a
9comprehensive rabies control program involving [research]
10control, prevention and education [which will protect the
11citizens of this Commonwealth from an unnecessary and harmful
12rabies epidemic].

13Section 2. The definition of "rabies" in section 4 of the
14act is amended and the section is amended by adding definitions
15to read:

16Section 4. Definitions.

17The following words and phrases when used in this act shall
18have the meanings given to them in this section unless the
19context clearly indicates otherwise:

20* * *

21"Certificate of vaccination." A certificate verifying
22vaccination against rabies, containing information consistent
23with the current version of the National Association of State
24Public Health Veterinarians Rabies Compendium.

25* * *

26"Direct veterinary supervision." Occurs when a veterinarian
27is on the premises and has given either oral or written
28instructions to a certified veterinary technician or
29noncertified employee and is easily and quickly available to
30assist the certified veterinary technician or the noncertified

1employee.

2"Dog Law." The act of December 7, 1982 (P.L.784, No.225),
3known as the Dog Law.

4"Rabies." [In man and animal, hydrophobia, an acute viral
5disease of the central nervous system usually transmitted to man
6through the injection of saliva by an animal bite.] A viral 
7disease affecting the central nervous system of a mammal that is
8transmitted through contact with saliva or other potentially 
9infectious material such as neural tissue from an infected 
10animal, including, but not limited to, a bite, scratch and 
11contact of saliva or other infectious material with broken skin, 
12an eye or mucous membrane.

13"Rabies vaccine." A product used to stimulate an immune
14response to rabies, licensed by the United States Department of
15Agriculture and listed in the current version of the National
16Association of State Public Health Veterinarians Rabies
17Compendium.

18* * *

19"Suspected of having rabies." A mammal exhibiting behavior
20that is suggestive of infection with rabies in the opinion of a
21veterinarian, public health official or official representative
22of the department, the Department of Health or the pennsylvania
23Game Commission.

24"Vaccinated against rabies." The status of an animal that:

25(1) has undergone:

26(i) administration by a licensed veterinarian; or

27(ii) direct veterinary supervision of a rabies
28vaccine in accordance with the specifications of the
29vaccine manufacturer; and

30(2) is a member of an animal species for which the

1rabies vaccine has been approved for use and, regarding the
2duration of vaccination immunity as established by the
3vaccine manufacturer, has not expired.

4The term also describes the status of a dog or cat that is
5vaccinated against rabies with a rabies vaccine in accordance
6with the vaccine specifications of the manufacturer by a kennel
7owner or operator certified by the department to administer the
8rabies vaccine provided the dog or cat is kept on the licensed
9kennel premises.

10Section 3. Sections 5, 6 and 7 of the act are amended to
11read:

12Section 5. Statewide system for rabies control.

13The department, in cooperation with the Pennsylvania Game
14Commission and the Department of Health, shall establish a
15Statewide system for the prevention and control of rabies in
16both wild and domestic animals. The system will encompass [both
17a comprehensive research program aimed at ending the rabies
18epidemic in the wild and] a rabies control program which
19includes standardized procedures to follow in this Commonwealth.

20Section 6. Powers and duties of department.

21The department shall have the following powers and duties:

22(1) Monitor, in cooperation with the Department of
23Health and the Pennsylvania Game Commission, the confirmed
24incidences of rabies in both domestic and wild animals.

25(2) [Determine, based on the number of confirmed cases,
26the number of projected incidences, the probability of human
27contact and the rapidity of the spread of the rabies, where a
28public risk may exist.] Coordinate and cooperate with 
29Federal, State and local health or animal regulatory 
30authorities as necessary to perform its responsibilities 

1under this act. This includes the authority to enter into 
2agreements to facilitate the distribution of rabies vaccine-
3impregnated animal baits to wildlife within this Commonwealth 
4by Federal or local health or animal regulatory authorities, 
5and to otherwise effectively allocate responsibilities, 
6equipment, expertise and manpower in furtherance of the 
7objectives of this act.

8(3) Institute the relevant actions outlined in this act,
9as well as others determined by the department until it is
10determined that the threat of the rabies epidemic no longer
11exists.

12(4) [Institute an intensive public education campaign on
13rabies through newspapers, radio and television
14announcements.] (Reserved).

15Section 7. Testing.

16All testing [and other necessary or appropriate rabies
17control] conducted upon rabid or suspected rabid animals
18appropriate to protect human life and safety shall be conducted
19[free of charge] at State laboratories or other facilities
20designated by the secretary.

21Section 4. Section 8 of the act, amended July 1, 1987
22(P.L.184, No.23), is amended to read:

23Section 8. Vaccination required; certificate and tag.

24(a) [Requirement.--Every person living in this Commonwealth,
25owning or keeping a dog or cat over three months of age, shall
26cause that dog or cat to be vaccinated against rabies. Rabies
27vaccine shall be administered by a licensed veterinarian or
28under the supervision of a licensed veterinarian. The
29Commonwealth shall recognize the three-year rabies vaccine as
30the vaccine to be used. Those animals vaccinated after one year

1of age shall get booster vaccinations every three years
2thereafter. Those animals vaccinated prior to one year of age
3will be considered protected for only one year and shall receive
4a booster vaccination one year later on the anniversary date of
5the original vaccination and shall be vaccinated every three
6years thereafter.] Vaccination against rabies required.--

7(1) A PERSON OWNING OR KEEPING A DOG OR A CAT THAT
8SPENDS A PART OF A 24-HOUR DAY IN A KENNEL OR COLONY FACILITY
9OR IN A RESIDENCE INHABITED BY A HUMAN BEING IN THIS
10COMMONWEALTH MUST HAVE THE DOG OR CAT VACCINATED AGAINST
11RABIES WITHIN FOUR WEEKS AFTER THE DATE THE DOG OR CAT
12ATTAINS 12 WEEKS OF AGE.

13(2) A PERSON OWNING OR KEEPING A DOG OR CAT THAT IS
14REQUIRED TO BE VACCINATED AGAINST RABIES SHALL PRODUCE EITHER
15PROOF OF VACCINATION OR EXEMPTION STATUS UNDER SUBSECTION (F)
16WITHIN 48 HOURS AFTER A POLICE OFFICER, STATE DOG WARDEN,
17DEPARTMENT OFFICIAL OR DESIGNATED MUNICIPAL ANIMAL CONTROL
18OFFICER REQUESTS THE PROOF. A DOG OR CAT LESS THAN 12 WEEKS
19OF AGE MAY BE VACCINATED AGAINST RABIES ACCORDING TO VACCINE
20MANUFACTURER INSTRUCTIONS IF THERE IS A RABIES VACCINE
21LICENSED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE AND
22LISTED IN THE CURRENT VERSION OF THE NATIONAL ASSOCIATION OF
23STATE PUBLIC HEALTH VETERINARIANS RABIES COMPENDIUM THAT IS
24LABELED FOR USE IN A DOG OR CAT LESS THAN 12 WEEKS OF AGE.

25(a.1) Revaccination.--Unless otherwise indicated by the
26directions of the vaccine manufacturer, a booster vaccination
27must be administered between 12 and 14 months from the date of
28the initial vaccination regardless of the age of the animal at
29initial vaccination. The animal must be subsequently
30revaccinated in accordance with the directions of the vaccine

1manufacturer.

2(b) [Other persons] Limited certificate to vaccinate.--

3(1) [Owners of State-licensed private or breeding
4kennels and operators of State-licensed nonprofit kennels who
5have been examined and certified by the department under this
6subsection may administer rabies vaccine to animals which are
7either owned by the private or breeding kennel or which are
8in the possession of the nonprofit kennel.] An owner of a 
9kennel, other than a commercial kennel, that is licensed 
10under the Dog Law or an operator of a nonprofit kennel that 
11is licensed under the Dog Law may apply to the department for 
12a limited certificate authorizing the person to whom it is 
13issued to vaccinate a dog or cat that is owned and kept in 
14the licensed kennel or the possession of the licensed 
15nonprofit kennel.

16(2) The department shall develop, implement and
17administer a comprehensive rabies vaccination instruction
18program encompassing a written examination, which, if
19successfully completed, will lead to [departmental
20certification.] issuance of a limited certificate as 
21described in paragraph (1). A person seeking a limited 
22certificate shall provide the department written verification 
23that was issued by a licensed veterinarian and confirms the 
24applicant was provided a demonstration of rabies vaccination 
25procedures by the licensed veterinarian, and the applicant 
26demonstrated competence in administering vaccinations against 
27rabies. The department may assess a fee for the program and
28examination. All fees received and all costs incurred shall
29be deposited in or expended from the Dog [Fund] Law 
30Restricted Account. The department shall promulgate all rules

1and regulations necessary to implement this subsection.

2(3) [State-licensed kennel owners and operators of
3State-licensed nonprofit kennels who obtain the required
4certification] A person to whom a limited certificate under 
5paragraph (1) is issued shall:

6(i) Purchase and administer [an inactivated] a
7rabies vaccine for vaccination of dogs and cats only from
8a licensed veterinarian or a source approved by the
9department.

10(ii) Administer the vaccine in an approved manner so 
11the dog or cat is properly vaccinated against rabies.

12(iii) Maintain detailed records for at least three
13years which indicate:

14(A) The name, type, lot number, date of purchase
15and date of administration of the rabies vaccine.

16(B) A detailed description of the [animal] dog 
17or cat vaccinated. The description must include the 
18breed, age, color, markings, sex and any permanent 
19identification markers such as a microchip or tattoo.

20(C) The full name, address, certification number
21and telephone number of the person who administered
22the vaccine.

23(iv) Provide immediate access to the records
24described in subparagraph (iii) upon the request of the
25department.

26(c) Certificate and tag of vaccination.--Every licensed
27veterinarian who vaccinates a dog or cat against rabies shall
28issue a vaccination certificate and tag [provided by the
29manufacturer] to the owner. Information contained in rabies
30vaccination records shall not be used for the purpose of

1licensing animals or for taxation of individuals for owning
2animals. For the purposes of this section, each licensed
3veterinarian may select a vaccine of his choice and use the
4procedures for administering it as are consistent with the
5recommendations of the Federal agency which licenses the
6vaccine.

7(d) Enforcement.--[It shall be the duty of every] A police
8officer or State dog warden or the designated municipal animal
9control officer [to] shall issue a citation to every person who
10owns a dog or cat which is not either:

11(1) vaccinated pursuant to subsection (a), (a.1) or (b); 
12or

13(2) exempt from the vaccination requirement pursuant to 
14subsection (f).

15(e) Animals received by nonprofit kennels.--Notwithstanding
16any provision of this act, a nonprofit kennel is not required to
17vaccinate an animal received by the kennel for a period of ten
18days.

19(f) Exemption.--

20(1) An exemption from vaccination against rabies for a
21dog or cat under subsection (a) may be granted if a licensed
22veterinarian examined the dog or cat and determines that it
23would be medically contraindicated to vaccinate.

24(2) An exemption statement must be completed and signed
25by the veterinarian and dog or cat owner and must contain the
26following information in order to be valid:

27(i) the signature of the veterinarian and the
28veterinarian's license number;

29(ii) the date;

30(iii) the name and address of the veterinary

1practice, office or clinic;

2(iv) an explanation of the medical reason
3contraindicating vaccination; and

4(v) a description of the dog or cat that includes:

5(A) breed;

6(B) sex;

7(C) age;

8(D) color and markings;

9(E) whether the dog or cat is intact, neutered
10or spayed; and

11(F) the current license number of the dog that
12includes any tattoo or microchip identification, if
13applicable.

14(vi) The signature of the owner of the dog or cat 
15and the address of the owner. If there is more than one 
16owner, and the owners are living at separate locations 
17where the dog or cat may be housed, the signature and 
18address of both owners is required.

19(3) A rabies vaccination exemption is valid for a period
20of up to one calendar year after which the dog or cat must be
21reexamined. At the reexamination, the dog or cat must either
22be vaccinated against rabies or, if exemption status still
23applies, a new certificate of exemption must be issued.

24(4) The veterinarian shall maintain the signed exemption
25as part of the medical records and provide two copies to the
26owner. The owner of the dog or cat shall maintain one copy of
27the signed exemption for their records and forward one copy
28to the Pennsylvania Department of Agriculture, Office of Dog
29Law Enforcement, 2301 North Cameron Street, Harrisburg, PA
3017110.

1Section 5. Section 9 of the act is amended to read:

2Section 9. [Antirabies clinics.

3The department shall assist in the establishment of low-cost
4antirabies clinics. These clinics shall be offered at locations
5and on dates as appropriate. The department shall establish
6vaccination procedures for cats and dogs to be used at the
7clinics. In assisting in the establishment of antirabies
8clinics, the department shall cooperate with local veterinarians
9and other local organizations.] (Reserved).

10Section 6. Section 9.1 of the act, added July 1, 1987
11(P.L.184, No.23), is amended to read:

12Section 9.1. [Veterinarians participating in low-cost rabies
13clinics.

14(a) General rule.--Except as otherwise provided in this
15section, no veterinarian or an assistant under the direction of
16the veterinarian shall be liable to any person for civil damages
17as a result of any acts or omissions committed as a participant
18in a low-cost rabies clinic established under section 9, unless
19the conduct of the veterinarian falls below the standards
20generally practiced and accepted in like circumstances by
21veterinarians performing the same or similar acts, and unless it
22is shown that the veterinarian did an act or omitted the doing
23of an act which the veterinarian was under a recognized duty to
24another to do, knowing or having reason to know that the act or
25omission created a risk of actual harm to the person or property
26of another. It shall be insufficient to impose liability to
27establish only that the conduct of the veterinarian fell below
28ordinary standards of care.

29(b) Exception.--Nothing in this section shall be construed
30as affecting or modifying any existing legal basis for

1determining the liability, or any defense thereto, of a
2veterinarian set forth in the act of December 27, 1974 (P.L.995,
3No.326), known as the Veterinary Medicine Practice Act.]
4(Reserved).

5Section 7. Section 10 of the act is amended to read:

6Section 10. [Powers and duties of department relating to
7wildlife.

8(a) Powers and duties.--The department shall develop,
9administer and enter into a contract with Wistar Institute for a
10comprehensive multiyear wildlife vaccine research program, which
11may include, but not be limited to, the following:

12(1) The identification of an appropriate wildlife
13vaccine.

14(2) The development of effective bait attractants for
15wildlife in the field.

16(3) Assessment of the duration of the immunity of the
17animal, once vaccinated, as well as the effects of the
18vaccine on wildlife, its safety and stability, and the
19economics of vaccine production.

20(4) The identification and development of a distribution
21system for the dissemination of the bait in rural and urban
22environment.

23(b) Monitoring and reporting of research activity.--

24(1) Annually, the department in conjunction with the
25Wistar Institute shall provide to the General Assembly a
26status report of the research activity conducted from the
27prior year. The status report shall contain a summary of the
28research and the dollars expended.

29(2) Prior to the distribution of the bait in rural and
30urban environments, a comprehensive report outlining the

1distribution procedure must be submitted to the General
2Assembly for review.

3(c) Commission cooperation.--The Pennsylvania Game
4Commission shall cooperate with the department in carrying out
5the research activities required by this section.] (Reserved).

6Section 8. This act shall take effect in 60 days.