PRIOR PRINTER'S NO. 2949 PRINTER'S NO. 3427
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. 19860H2164B3427 - 2 -
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 19860H2164B3427 - 3 -
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. 19860H2164B3427 - 4 -
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 19860H2164B3427 - 6 -
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 19860H2164B3427 - 7 -
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. B4L35RZ/19860H2164B3427 - 8 -