PRINTER'S NO. 2949
No. 2164 Session of 1986
INTRODUCED BY LETTERMAN, PUNT, MORRIS, COY, CARLSON, BROUJOS, ROEBUCK, HASAY, GEORGE, PIEVSKY, D. R. WRIGHT, GEIST, BORTNER, DOMBROWSKI, HERMAN, COLAFELLA, DISTLER, LLOYD, BOWLEY, SHOWERS, GRUPPO, RUDY, BLACK, LIVENGOOD, SEMMEL, FEE, G. M. SNYDER, STUBAN, SALOOM, COLE, HALUSKA, STABACK, BALDWIN, TRELLO, KASUNIC, McCALL, LAUGHLIN, ITKIN, WAMBACH, PRESTON AND DAWIDA, FEBRUARY 12, 1986
REFERRED TO COMMITTEE ON GAME AND FISHERIES, FEBRUARY 12, 1986
AN ACT 1 Providing for the establishment and operation of a Statewide 2 system for the prevention and control of rabies; imposing 3 additional powers and duties on the Departments of Health and 4 Agriculture and the Pennsylvania Game Commission; providing 5 for emergency declarations; and fixing penalties for 6 violations. 7 TABLE OF CONTENTS 8 Section 1. Short title. 9 Section 2. Findings. 10 Section 3. Legislative intent. 11 Section 4. Definitions. 12 Section 5. Statewide system for rabies control. 13 Section 6. Powers and duties of department. 14 Section 7. Powers and duties of local health agencies. 15 Section 8. Testing. 16 Section 9. Reports of possible rabies cases. 17 Section 10. Vaccination of dogs.
1 Section 11. Designated risk areas. 2 Section 12. Powers and duties of commission. 3 Section 13. Penalty. 4 Section 14. Repeals. 5 Section 15. Effective date. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Short title. 9 This act shall be known and may be cited as the Rabies 10 Prevention and Control in Domestic Animals and Wildlife Act. 11 Section 2. Findings. 12 (a) Incidence in rabies.--The incidence of rabies throughout 13 this Commonwealth has increased over the past six years in 14 alarming proportions. In 1985, 450 laboratory-confirmed rabies 15 cases were reported in this Commonwealth, as compared to only 16 16 confirmed cases in 1979. Furthermore, the epidemic is spreading 17 across the State. In 1981, only nine counties reported cases of 18 rabies, whereas, in 1985, rabies cases were reported in almost 19 half the counties of this Commonwealth. 20 (b) Impact of rabies epidemic.--The socioeconomic impact of 21 the epidemic is frightening. Not only is the postexposure 22 treatment costly but the protocol surrounding a single suspected 23 rabid animal requires the expenditure of both monetary and human 24 resources. 25 Section 3. Legislative intent. 26 It is the intent of the General Assembly to provide a 27 comprehensive rabies control program involving research, 28 prevention and education which will protect the citizens of this 29 Commonwealth from an unnecessary and harmful rabies epidemic. 30 Section 4. Definitions. 19860H2164B2949 - 2 -
1 The following words and phrases when used in this act shall 2 have the meanings given to them in this section unless the 3 context clearly indicates otherwise: 4 "Commission." The Pennsylvania Game Commission. 5 "Department." The Department of Health of the Commonwealth. 6 "Designated risk area." A region of the State within 7 geographic boundaries fixed by the department where the 8 occurrence of rabies poses a grave health risk to human or 9 animal population. 10 "Local health agency." An agency of the Commonwealth, or one 11 recognized by the Commonwealth, located in each county 12 responsible for overseeing the provisions of this act. 13 "Secretary." The Secretary of Health of the Commonwealth. 14 Section 5. Statewide system for rabies control. 15 The department, in cooperation with the commission and the 16 Department of Agriculture, shall establish a Statewide system 17 for the prevention and control of rabies in both wild and 18 domestic animals. The system will encompass both a comprehensive 19 research program aimed at ending the rabies epidemic in the wild 20 and a rabies control program which includes standardized 21 procedures to follow in regions of this Commonwealth which have 22 been declared as designated risk areas by the secretary. 23 Section 6. Powers and duties of department. 24 The department shall have the following power and duties: 25 (1) Monitor, in cooperation with the Department of 26 Agriculture and the commission, the confirmed incidences of 27 rabies in both domestic and wild animals. 28 (2) Determine, based on the number of confirmed cases, 29 the number of projected incidences, the probability of human 30 contact and the rapidity of the spread of the rabies, where a 19860H2164B2949 - 3 -
1 public risk may exist. 2 (3) Declare regions of the State as designated risk 3 areas, after notification of the counties involved, and 4 institute the relevant actions outlined in this act, as well 5 as others determined by the department which shall be 6 implemented, until it is determined that the threat of the 7 rabies epidemic no longer exists. 8 (4) In designated risk areas, institute an intensive 9 public education campaign on rabies through newspapers, radio 10 and television announcements. 11 Section 7. Powers and duties of local health agencies. 12 The local health agencies, or designees shall have the 13 following powers and duties: 14 (1) Furnish information to the department concerning the 15 prevalence of rabies within its jurisdiction whenever or as 16 often as requested to do so by the department. 17 (2) Notify the appropriate State health official or 18 public health veterinarian of incidents reported under the 19 provisions of section 9(1) and (2). 20 (3) In designated risk areas, cooperate in the 21 establishment of antirabies clinics according to section 22 11(b) and (c). 23 Section 8. Testing. 24 All testing and other necessary or appropriate rabies control 25 conducted upon rabid or suspected rabid animals appropriate to 26 protect human life and safety shall be conducted free of charge 27 at State laboratories or other facilities designated by the 28 secretary. 29 Section 9. Reports of possible rabies cases. 30 Any one of the following incidents shall be immediately 19860H2164B2949 - 4 -
1 reported to the local health agency, or its designee. 2 (1) Knowledge that a dog, cat or other animal has 3 bitten, scratched or otherwise exposed an individual to a 4 possible rabies infection. 5 (2) Suspicion that an animal has rabies. 6 (3) The number of human rabies vaccines which have been 7 administered. 8 Section 10. Vaccination of dogs. 9 (a) Vaccination required.--Each person who owns or keeps a 10 dog that is three months of age or older shall have the dog 11 vaccinated adequately against rabies by a currently licensed 12 veterinarian. 13 (b) Certificate and tag of vaccination.--Every licensed 14 veterinarian who vaccinates a dog against rabies shall issue a 15 vaccination certificate and tag to the owner or person in charge 16 of the dog. 17 (c) Proof of vaccination.--A county may not register or 18 license a dog unless the owner or person in charge of the dog 19 submits, with the application for registration or license, proof 20 that the dog has been vaccinated with a rabies vaccine of a type 21 approved by and administered in accordance with the annually 22 adopted Compendium of Animal Rabies Vaccines. 23 (d) Use of records.--The information in a rabies vaccination 24 record shall not be used for the purpose of taxing the 25 individuals for owning the animals. 26 (e) Distribution of rabies certificates and tags.--The 27 department shall supply certificates and tags free of charge to 28 licensed veterinarians for their use. 29 (f) Enforcement.--It shall be the duty of every police 30 officer or State dog warden or animal control officer to issue a 19860H2164B2949 - 5 -
1 citation to every owner or person in charge of a dog that is not 2 vaccinated pursuant to subsection (a). 3 Section 11. Designated risk areas. 4 (a) Vaccination of cats.--When the secretary deems that a 5 designated risk area exists within one or more regions of this 6 Commonwealth and so informs the affected counties and so 7 declares publicly, all of the provisions of section 10 shall 8 also apply to all owners or persons in charge of domesticated 9 cats. 10 (b) Antirabies clinics.--In designated risk areas and in 11 conjunction with local health agencies, or designees, the 12 department shall provide for the establishment of low-cost, 13 self-financing antirabies clinics in each county. The clinics 14 shall be offered at locations and on dates as the department and 15 the respective local health agency, or designee, shall 16 determine. The vaccination procedures shall be in accordance 17 with the directions of the manufacturer, as approved by the 18 Federal Government. The local health agency, or its designee, 19 may charge such fees as may be required to cover its costs for 20 material and services provided. In establishing antirabies 21 clinics, the department shall cooperate with local veterinarians 22 and other local organizations. The department shall purchase and 23 supply, at cost, the necessary quantities of vaccine at each 24 established antirabies clinic. 25 (c) Subsidized antirabies clinics.--When the secretary 26 determines that certain designated risk areas would meet the 27 eligibility criteria of need derived pursuant to this act, 28 subsidized antirabies clinics may be established in counties of 29 the designated risk areas. The subsidized antirabies clinics 30 shall provide all services pursuant to subsection (b) at no 19860H2164B2949 - 6 -
1 charge to the owner or person in charge of the animal. 2 Section 12. Powers and duties of commission. 3 (a) Powers and duties.--The commission shall develop and 4 administrate a comprehensive multiyear wildlife vaccine research 5 program, which may include, but not be limited to, the 6 following: 7 (1) The identification of an appropriate wildlife 8 vaccine. 9 (2) The development of effective bait attractants for 10 wildlife in the field. 11 (3) Assessment of the duration of the immunity of the 12 animal, once vaccinated, as well as the effects of the 13 vaccine on wildlife, its safety and stability, and the 14 economics of vaccine production. 15 (4) The identification and development of a distribution 16 system for the dissemination of the bait in rural and urban 17 environment. 18 (b) Monitoring and reporting of research activity.-- 19 (1) Annually, the commission shall provide to the 20 General Assembly a status report of the research activity 21 conducted from the prior year. The status report shall 22 contain a summary of the research and the dollars expended. 23 (2) Prior to the distribution of the bait in rural and 24 urban environments, a comprehensive report outlining the 25 distribution procedure must be submitted to the General 26 Assembly for review. 27 Section 13. Penalty. 28 A person who violates any provision of this act commits a 29 misdemeanor and shall, upon conviction, be sentenced to pay a 30 fine not exceeding $300 for each violation. Each day of 19860H2164B2949 - 7 -
1 violation shall constitute a separate offense. 2 Section 14. Repeals. 3 All acts and parts of acts are repealed insofar as they are 4 inconsistent with this act. 5 Section 15. Effective date. 6 This act shall take effect in 60 days. B4L35RZ/19860H2164B2949 - 8 -