PRIOR PRINTER'S NO. 2949                      PRINTER'S NO. 3427

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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

        AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MAY 5, 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; AND MAKING APPROPRIATIONS.                         <--

     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.  APPROPRIATIONS.                                      <--
     5  Section 14 15.  Repeals.                                          <--
     6  Section 15 16.  Effective date.                                   <--
     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9  Section 1.  Short title.
    10     This act shall be known and may be cited as the Rabies
    11  Prevention and Control in Domestic Animals and Wildlife Act.
    12  Section 2.  Findings.
    13     (a)  Incidence in rabies.--The incidence of rabies throughout
    14  this Commonwealth has increased over the past six years in
    15  alarming proportions. In 1985, 450 laboratory-confirmed rabies
    16  cases were reported in this Commonwealth, as compared to only 16
    17  confirmed cases in 1979. Furthermore, the epidemic is spreading
    18  across the State. In 1981, only nine counties reported cases of
    19  rabies, whereas, in 1985, rabies cases were reported in almost
    20  half the counties of this Commonwealth.
    21     (b)  Impact of rabies epidemic.--The socioeconomic impact of
    22  the epidemic is frightening. Not only is the postexposure
    23  treatment costly but the protocol surrounding a single suspected
    24  rabid animal requires the expenditure of both monetary and human
    25  resources.
    26  Section 3.  Legislative intent.
    27     It is the intent of the General Assembly to provide a
    28  comprehensive rabies control program involving research,
    29  prevention and education which will protect the citizens of this
    30  Commonwealth from an unnecessary and harmful rabies epidemic.
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     1  Section 4.  Definitions.
     2     The following words and phrases when used in this act shall
     3  have the meanings given to them in this section unless the
     4  context clearly indicates otherwise:
     5     "Commission."  The Pennsylvania Game Commission.
     6     "Department."  The Department of Health of the Commonwealth.
     7     "Designated risk area."  A region of the State within
     8  geographic boundaries fixed by the department where the
     9  occurrence of rabies poses a grave health risk to human or
    10  animal population.
    11     "Local health agency."  An agency of the Commonwealth, or one
    12  recognized by the Commonwealth, located in each county
    13  responsible for overseeing the provisions of this act.
    14     "Secretary."  The Secretary of Health of the Commonwealth.
    15  Section 5.  Statewide system for rabies control.
    16     The department, in cooperation with the commission and the
    17  Department of Agriculture, shall establish a Statewide system
    18  for the prevention and control of rabies in both wild and
    19  domestic animals. The system will encompass both a comprehensive
    20  research program aimed at ending the rabies epidemic in the wild
    21  and a rabies control program which includes standardized
    22  procedures to follow in regions of this Commonwealth which have
    23  been declared as designated risk areas by the secretary.
    24  Section 6.  Powers and duties of department.
    25     The department shall have the following power and duties:
    26         (1)  Monitor, in cooperation with the Department of
    27     Agriculture and the commission, the confirmed incidences of
    28     rabies in both domestic and wild animals.
    29         (2)  Determine, based on the number of confirmed cases,
    30     the number of projected incidences, the probability of human
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     1     contact and the rapidity of the spread of the rabies, where a
     2     public risk may exist.
     3         (3)  Declare regions of the State as designated risk
     4     areas, after notification of the counties involved, and
     5     institute the relevant actions outlined in this act, as well
     6     as others determined by the department which shall be
     7     implemented, until it is determined that the threat of the
     8     rabies epidemic no longer exists.
     9         (4)  In designated risk areas, institute an intensive
    10     public education campaign on rabies through newspapers, radio
    11     and television announcements.
    12  Section 7.  Powers and duties of local health agencies.
    13     The local health agencies, or designees shall have the
    14  following powers and duties:
    15         (1)  Furnish information to the department concerning the
    16     prevalence of rabies within its jurisdiction whenever or as
    17     often as requested to do so by the department.
    18         (2)  Notify the appropriate State health official or
    19     public health veterinarian of incidents reported under the
    20     provisions of section 9(1) and (2).
    21         (3)  In designated risk areas, cooperate in the
    22     establishment of antirabies clinics according to section
    23     11(b) and (c).
    24  Section 8.  Testing.
    25     All testing and other necessary or appropriate rabies control
    26  conducted upon rabid or suspected rabid animals appropriate to
    27  protect human life and safety shall be conducted free of charge
    28  at State laboratories or other facilities designated by the
    29  secretary.
    30  Section 9.  Reports of possible rabies cases.
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     1     Any one of the following incidents shall be immediately
     2  reported to the local health agency, or its designee.
     3         (1)  Knowledge that a dog, cat or other animal has
     4     bitten, scratched or otherwise exposed an individual to a
     5     possible rabies infection.
     6         (2)  Suspicion that an animal has rabies.
     7         (3)  The number of human rabies vaccines which have been
     8     administered.
     9  Section 10.  Vaccination of dogs.
    10     (a)  Vaccination required.--Each person who owns or keeps a
    11  dog that is three months of age or older shall have the dog
    12  vaccinated adequately against rabies by a currently licensed
    13  veterinarian.
    14     (b)  Certificate and tag of vaccination.--Every licensed
    15  veterinarian who vaccinates a dog against rabies shall issue a
    16  vaccination certificate and tag to the owner or person in charge
    17  of the dog.
    18     (c)  Proof of vaccination.--A county may SHALL not register    <--
    19  or license a dog unless the owner or person in charge of the dog
    20  submits, with the application for registration or license, proof
    21  that the dog has been vaccinated with a rabies vaccine of a type
    22  approved by and administered in accordance with the annually
    23  adopted Compendium of Animal Rabies Vaccines.
    24     (d)  Use of records.--The information in a rabies vaccination
    25  record shall not be used for the purpose of taxing the
    26  individuals for owning the animals.
    27     (e)  Distribution of rabies certificates and tags.--The
    28  department shall supply certificates and tags free of charge to
    29  licensed veterinarians for their use.
    30     (f)  Enforcement.--It shall be the duty of every police
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     1  officer or State dog warden or animal control officer to issue a
     2  citation to every owner or person in charge of a dog that is not
     3  vaccinated pursuant to subsection (a).
     4  Section 11.  Designated risk areas.
     5     (a)  Vaccination of cats.--When the secretary deems that a
     6  designated risk area exists within one or more regions of this
     7  Commonwealth and so informs the affected counties and so
     8  declares publicly, all of the provisions of section 10 shall
     9  also apply to all owners or persons in charge of domesticated
    10  cats.
    11     (b)  Antirabies clinics.--In designated risk areas and in
    12  conjunction with local health agencies, or designees, the
    13  department shall provide for the establishment of low-cost,
    14  self-financing antirabies clinics in each county. The clinics
    15  shall be offered at locations and on dates as the department and
    16  the respective local health agency, or designee, shall
    17  determine. The vaccination procedures shall be in accordance
    18  with the directions of the manufacturer, as approved by the
    19  Federal Government. The local health agency, or its designee,
    20  may charge such fees as may be required to cover its costs for
    21  material and services provided. In establishing antirabies
    22  clinics, the department shall cooperate with local veterinarians
    23  and other local organizations. The department shall purchase and
    24  supply, at cost, the necessary quantities of vaccine at each
    25  established antirabies clinic.
    26     (c)  Subsidized antirabies clinics.--When the secretary
    27  determines that certain designated risk areas would meet the
    28  eligibility criteria of need derived pursuant to this act,
    29  subsidized antirabies clinics may be established in counties of
    30  the designated risk areas. The subsidized antirabies clinics
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     1  shall provide all services pursuant to subsection (b) at no
     2  charge to the owner or person in charge of the animal.
     3  Section 12.  Powers and duties of commission.
     4     (a)  Powers and duties.--The commission shall develop and
     5  administrate a comprehensive multiyear wildlife vaccine research
     6  program, which may include, but not be limited to, the
     7  following:
     8         (1)  The identification of an appropriate wildlife
     9     vaccine.
    10         (2)  The development of effective bait attractants for
    11     wildlife in the field.
    12         (3)  Assessment of the duration of the immunity of the
    13     animal, once vaccinated, as well as the effects of the
    14     vaccine on wildlife, its safety and stability, and the
    15     economics of vaccine production.
    16         (4)  The identification and development of a distribution
    17     system for the dissemination of the bait in rural and urban
    18     environment.
    19     (b)  Monitoring and reporting of research activity.--
    20         (1)  Annually, the commission shall provide to the
    21     General Assembly a status report of the research activity
    22     conducted from the prior year. The status report shall
    23     contain a summary of the research and the dollars expended.
    24         (2)  Prior to the distribution of the bait in rural and
    25     urban environments, a comprehensive report outlining the
    26     distribution procedure must be submitted to the General
    27     Assembly for review.
    28  Section 13.  Penalty.
    29     A person who violates any provision of this act commits a
    30  misdemeanor and shall, upon conviction, be sentenced to pay a
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     1  fine not exceeding $300 for each violation. Each day of
     2  violation shall constitute a separate offense.
     3  SECTION 14.  APPROPRIATIONS.                                      <--
     4     (A)  DEPARTMENT OF HEALTH.--THE SUM OF $250,000, OR AS MUCH
     5  THEREOF AS MAY BE NECESSARY, IS HEREBY APPROPRIATED TO THE
     6  DEPARTMENT OF HEALTH FOR THE FISCAL YEAR JULY 1, 1986, TO JUNE
     7  30, 1987, FOR THE ADMINISTRATION OF THE PROVISIONS OF THIS ACT.
     8     (B)  PENNSYLVANIA GAME COMMISSION.--THE SUM OF $273,000, OR
     9  AS MUCH THEREOF AS MAY BE NECESSARY, IS HEREBY APPROPRIATED TO
    10  THE PENNSYLVANIA GAME COMMISSION FOR THE FISCAL YEAR JULY 1,
    11  1986, TO JUNE 30 1987, FOR THE DEVELOPMENT AND ADMINISTRATION OF
    12  A COMPREHENSIVE MULTIYEAR WILDLIFE RABIES VACCINE RESEARCH
    13  PROGRAM.
    14  Section 14 15.  Repeals.                                          <--
    15     All acts and parts of acts are repealed insofar as they are
    16  inconsistent with this act.
    17  Section 15 16.  Effective date.                                   <--
    18     This act shall take effect in 60 days.








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