Statute in Full:
§ 455.1. Short title
§ 455.2. Findings
§ 455.3. Legislative intent
§ 455.4. Definitions
§ 455.5. Statewide system for rabies control
§ 455.6. Powers and duties of department
§ 455.7. Testing
§ 455.8. Vaccination required; certificate and tag
§ 455.9. Antirabies clinics
§ 455.9a. Veterinarians participating in low-cost rabies clinics
§ 455.10. Powers and duties of department relating to wildlife
§ 455.11. Penalty
§ 455.12. Disposition of fines and penalties
§ 455.1. Short title
This act shall be known and may be cited as the Rabies Prevention and Control in Domestic Animals and Wildlife Act.
CREDIT(S)
1986, Dec. 15, P.L. 1610, No. 181, § 1, effective in 60 days.
§ 455.2. Findings
(a) Incidence of rabies.--The incidence of rabies throughout this Commonwealth has increased over the past six years in alarming proportions. In 1985, 450 laboratory-confirmed rabies cases were reported in this Commonwealth, as compared to only 16 confirmed cases in 1979. Furthermore, the epidemic is spreading across the State. In 1981, only nine counties reported cases of rabies, whereas, in 1985, rabies cases were reported in almost half the counties of this Commonwealth.
(b) Impact of rabies epidemic.--The socioeconomic impact of the epidemic is frightening. Not only is the postexposure treatment costly, but the protocol surrounding a single suspected rabid animal requires the expenditure of both monetary and human resources.
CREDIT(S)
1986, Dec. 15, P.L. 1610, No. 181, § 2, effective in 60 days.
§ 455.3. Legislative intent
It is the intent of the General Assembly to provide a comprehensive rabies control program involving research, prevention and education which will protect the citizens of this Commonwealth from an unnecessary and harmful rabies epidemic.
CREDIT(S)
1986, Dec. 15, P.L. 1610, No. 181, § 3, effective in 60 days.
§ 455.4. Definitions
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Cat.” A carnivorous mammal scientifically known as Felis Catus which spends any part of any 24-hour day in a residence inhabited by a human being.
“Department.” The Department of Agriculture of the Commonwealth.
“Rabies.” In man and animal, hydrophobia, an acute viral disease of the central nervous system usually transmitted to man through the injection of saliva by an animal bite.
“Secretary.” The Secretary of Agriculture of the Commonwealth.
CREDIT(S)
1986, Dec. 15, P.L. 1610, No. 181, § 4, effective in 60 days.
§ 455.5. Statewide system for rabies control
The department, in cooperation with the Pennsylvania Game Commission and the Department of Health, shall establish a Statewide system for the prevention and control of rabies in both wild and domestic animals. The system will encompass both a comprehensive research program aimed at ending the rabies epidemic in the wild and a rabies control program which includes standardized procedures to follow in this Commonwealth.
CREDIT(S)
1986, Dec. 15, P.L. 1610, No. 181, § 5, effective in 60 days.
§ 455.6. Powers and duties of department
The department shall have the following powers and duties:
(1) Monitor, in cooperation with the Department of Health and the Pennsylvania Game Commission, the confirmed incidences of rabies in both domestic and wild animals.
(2) Determine, based on the number of confirmed cases, the number of projected incidences, the probability of human contact and the rapidity of the spread of the rabies, where a public risk may exist.
(3) Institute the relevant actions outlined in this act, as well as others determined by the department until it is determined that the threat of the rabies epidemic no longer exists.
(4) Institute an intensive public education campaign on rabies through newspapers, radio and television announcements.
CREDIT(S)
1986, Dec. 15, P.L. 1610, No. 181, § 6, effective in 60 days.
§ 455.7. Testing
All testing and other necessary or appropriate rabies control conducted upon rabid or suspected rabid animals appropriate to protect human life and safety shall be conducted free of charge at State laboratories or other facilities designated by the secretary.
CREDIT(S)
1986, Dec. 15, P.L. 1610, No. 181, § 7, effective in 60 days.
§ 455.8. Vaccination required; certificate and tag
(a) Requirement.--Every person living in this Commonwealth, owning or keeping a dog or cat over three months of age, shall cause that dog or cat to be vaccinated against rabies. Rabies vaccine shall be administered by a licensed veterinarian or under the supervision of a licensed veterinarian. The Commonwealth shall recognize the three-year rabies vaccine as the vaccine to be used. Those animals vaccinated after one year of age shall get booster vaccinations every three years thereafter. Those animals vaccinated prior to one year of age will be considered protected for only one year and shall receive a booster vaccination one year later on the anniversary date of the original vaccination and shall be vaccinated every three years thereafter.
(b) Other persons.--
(1) Owners of State-licensed private or breeding kennels and operators of State-licensed nonprofit kennels who have been examined and certified by the department under this subsection may administer rabies vaccine to animals which are either owned by the private or breeding kennel or which are in the possession of the nonprofit kennel.
(2) The department shall develop, implement and administer a comprehensive rabies vaccination instruction program encompassing a written examination, which, if successfully completed, will lead to departmental certification. The department may assess a fee for the program and examination. All fees received and all costs incurred shall be deposited in or expended from the Dog Fund. The department shall promulgate all rules and regulations necessary to implement this subsection.
(3) State-licensed kennel owners and operators of State-licensed nonprofit kennels who obtain the required certification shall:
(i) Purchase and administer an inactivated rabies vaccine for vaccination of dogs and cats only from a licensed veterinarian or a source approved by the department.
(ii) Administer the vaccine in an approved manner.
(iii) Maintain detailed records for at least three years which indicate:
(A) The name, type, lot number, date of purchase and date of administration of the rabies vaccine.
(B) A detailed description of the animal vaccinated.
(C) The name, address and telephone number of the person who administered the vaccine.
(c) Certificate and tag of vaccination.--Every licensed veterinarian who vaccinates a dog or cat against rabies shall issue a vaccination certificate and tag provided by the manufacturer to the owner. Information contained in rabies vaccination records shall not be used for the purpose of licensing animals or for taxation of individuals for owning animals. For the purposes of this section, each licensed veterinarian may select a vaccine of his choice and use the procedures for administering it as are consistent with the recommendations of the Federal agency which licenses the vaccine.
(d) Enforcement.--It shall be the duty of every police officer or State dog warden or the designated municipal animal control officer to issue a citation to every person who owns a dog or cat which is not vaccinated pursuant to subsection (a) or (b).
(e) Animals received by nonprofit kennels.--Notwithstanding any provision of this act, a nonprofit kennel is not required to vaccinate an animal received by the kennel for a period of ten days.
CREDIT(S)
1986, Dec. 15, P.L. 1610, No. 181, § 8, effective in 60 days. Amended 1987, July 1, P.L. 184, No. 23, § 1, imd. effective.
§ 455.9. Antirabies clinics
The department shall assist in the establishment of low-cost antirabies clinics. These clinics shall be offered at locations and on dates as appropriate. The department shall establish vaccination procedures for cats and dogs to be used at the clinics. In assisting in the establishment of antirabies clinics, the department shall cooperate with local veterinarians and other local organizations.
CREDIT(S)
1986, Dec. 15, P.L. 1610, No. 181, § 9, effective in 60 days.
§ 455.9a. Veterinarians participating in low-cost rabies clinics
(a) General rule.--Except as otherwise provided in this section, no veterinarian or an assistant under the direction of the veterinarian shall be liable to any person for civil damages as a result of any acts or omissions committed as a participant in a low-cost rabies clinic established under section 9, unless the conduct of the veterinarian falls below the standards generally practiced and accepted in like circumstances by veterinarians performing the same or similar acts, and unless it is shown that the veterinarian did an act or omitted the doing of an act which the veterinarian was under a recognized duty to another to do, knowing or having reason to know that the act or omission created a risk of actual harm to the person or property of another. It shall be insufficient to impose liability to establish only that the conduct of the veterinarian fell below ordinary standards of care.
(b) Exception.--Nothing in this section shall be construed as affecting or modifying any existing legal basis for determining the liability, or any defense thereto, of a veterinarian set forth in the act of December 27, 1974 (P.L. 995, No. 326), known as the Veterinary Medicine Practice Act. [FN1]
CREDIT(S)
1986, Dec. 15, P.L. 1610, No. 181, § 9.1, added 1987, July 1, P.L. 184, No. 23, § 2, imd. effective.
[FN1] 63 P.S. § 485.1 et seq.
§ 455.10. Powers and duties of department relating to wildlife
(a) Powers and duties.--The department shall develop, administer and enter into a contract with Wistar Institute for a comprehensive multiyear wildlife vaccine research program, which may include, but not be limited to, the following:
(1) The identification of an appropriate wildlife vaccine.
(2) The development of effective bait attractants for wildlife in the field.
(3) Assessment of the duration of the immunity of the animal, once vaccinated, as well as the effects of the vaccine on wildlife, its safety and stability, and the economics of vaccine production.
(4) The identification and development of a distribution system for the dissemination of the bait in rural and urban environment.
(b) Monitoring and reporting of research activity.--
(1) Annually, the department in conjunction with the Wistar Institute shall provide to the General Assembly a status report of the research activity conducted from the prior year. The status report shall contain a summary of the research and the dollars expended.
(2) Prior to the distribution of the bait in rural and urban environments, a comprehensive report outlining the distribution procedure must be submitted to the General Assembly for review.
(c) Commission cooperation.--The Pennsylvania Game Commission shall cooperate with the department in carrying out the research activities required by this section.
CREDIT(S)
1986, Dec. 15, P.L. 1610, No. 181, § 10, effective in 60 days.
§ 455.11. Penalty
A person who violates any provision of this act commits a summary offense and shall, upon conviction, be sentenced to pay a fine not exceeding $300 for each violation. Each day of violation shall constitute a separate offense.
CREDIT(S)
1986, Dec. 15, P.L. 1610, No. 181, § 11, effective in 60 days.
§ 455.12. Disposition of fines and penalties
If a prosecution pursuant to this act is initiated by a State dog warden, employee of the department or State Police officer, all fines forfeited, recognizances and other forfeitures imposed, lost or forfeited under this act shall be payable through the Department of Agriculture into the State Treasury for credit to the Dog Law Restricted Account. If a prosecution pursuant to this act is initiated by a local police officer or designated animal control officer, all fines forfeited, recognizances and other forfeitures imposed, lost or forfeited under this act shall be payable to the political subdivision which employs such local police officer or designated animal control officer.
CREDIT(S)
1986, Dec. 15, P.L. 1610, No. 181, § 12, effective in 60 days.
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