250-RICR-40-05-2
250-RICR-40-05-2. Rules and Regulations Governing the Prevention, Control, and Suppression of Rabies Within the State of Rhode Island (version Technical Revision, 02/25/2016 to 02/25/2016)
2.1 Authority
These rules and regulations
are promulgated pursuant to authority provided under Chapters 4-13,
42-17.1 and 42-35 of the R.I. Gen. Laws for the purpose of carrying
out the functions required to prevent, control and/or suppress
rabies.
2.2 Administrative Findings
Rhode Island had its first
confirmed case of rabies January 26, 1994 in a raccoon which was
killed after attacking a pet cat in Burrillville. Subsequently,
surveillance has confirmed that every community in Rhode Island has
been impacted by the Mid-Atlantic Epizootic of raccoon rabies. The
infection of a human with rabies is invariably fatal. Rabies
vaccination of companion and livestock animals is the most effective
method for protecting humans from rabies. Proper disposition of
suspect rabid animals and their bite victims is also essential for
the diagnosis and treatment of rabies where necessary. Rabies
testing can only be performed by testing brain tissue therefore,
euthanasia is, at times, necessary in an effort to diagnose and
prevent the spread of rabies. To avoid the destruction of domestic
animals and pets, quarantines are necessary to avoid further
exposures to rabies, thereby preventing the spread of rabies.
Quarantine will allow the incubating rabies infection to become
clinically apparent and, at the same time, prevent any further
exposures by the suspect animal. Therefore, for the reasons stated
above and pursuant to the powers vested in the Rhode Island
Department of Environmental Management by Chapters 4-13, 42-17.1, and
42-35 of the R.I. Gen. Laws, the Rhode Island Department of
Environmental Management hereby adopts these regulations for the
purpose of rabies diagnosis and prevention among domestic animals and
for the purpose of allowing timely rabies treatment for those humans
exposed to rabies.
2.3 Purpose
The purpose of these rules
and regulations is to suppress and control rabies found within the
state and to prevent the spread of rabies when rabies appears in any
area within the State of Rhode Island and its appearance creates a
threat of infection to animals or humans.
2.4 Definitions
A. As used in these rules and
regulations, the following terms shall, where the context permits, be
construed as follows:
1. "Animal control
officer" or "ACO" means any person(s) employed by a
city or town as a canine control officer, a dog or animal warden or a
police officer responsible for animal control delegated authority by
the Rhode Island Rabies Control Board.
2. "Cat" means any
member of Felis catus (excluding hybrids with wild felines).
3. "Compendium"
means the most recent Compendium of Animal Rabies Control as
published by the National Association of State Public Health
Veterinarians, Inc.
4. "Currently vaccinated"
means administration of a vaccine that has been properly stored and
subsequently injected by or under the direct supervision of a
licensed veterinarian with a rabies vaccine licensed for use in that
species by the U.S. Department of Agriculture (USDA) and satisfying
the following criteria:
a. For dogs, cats and ferrets:
(1) the manufacturer's
protocol with regards to minimum age of animal as well as frequency
and intervals of vaccination(s) was followed; and
(2) at least thirty (30) days
have elapsed since the initial vaccination; and
(3) not more than twelve (12)
months have elapsed since the last vaccine if last vaccine was the
initial vaccination or the animal is a ferret, or if the vaccine has
an annual booster recommendation. Dogs, cats, and ferrets shall be
considered currently vaccinated if the last booster was administered
within the time frame specified by the most current Compendium
regarding frequency and interval of vaccination for the particular
product used and for the specific species that the product was used
in.
(4) Dogs, cats, and ferrets
that were previously vaccinated but are not considered currently
vaccinated, either one of the following must apply:
(AA) Dogs, cats, and ferrets
presented for vaccination that are overdue at the time of booster
vaccination by any timeframe for a booster on a one-year certificate,
or are overdue by more than six-months on a three-year (or longer)
certificate, are required to receive a booster vaccination with the
resultant vaccination certificate having an expiration date no
greater than one year from the date of administration of this
vaccine.
(BB) Dogs, cats, and ferrets
presented for vaccination that are overdue at the time of vaccination
by less than six months as determined by the expiration date on a
three-year (or longer) certificate may be issued a certificate up to
the duration of immunity stated on the product label upon
vaccination.
(5) Vaccine status will be
determined from the dates on the most recent rabies vaccination
certificate. It will be the responsibility of the animal owner to
maintain and produce that document as proof of vaccine status.
b. For all other species for
which there exists an unconditionally licensed rabies vaccine, the
animals must be vaccinated against rabies in accordance with the most
current Compendium of Animal Rabies Control.
c. NOTE: Failure or inability
by the owner/keeper of a dog, cat or ferret to present or make
available a rabies certificate or a copy thereof to an ACO
investigating a possible rabies exposure shall result in
classification of the animal in question as not currently vaccinated
against rabies.
5. "Director" means
the director of the Department of Environmental Management or his/her
duly authorized designee.
6. "Dog" means any
member of Canis familiaris (excluding hybrids with wild
canids).
7. "Domestic animal"
means animals which, through extremely long association with humans,
have been bred to a degree which has resulted in genetic changes
affecting the temperament, color, conformation or other attributes of
the species to the extent that makes them unique and distinguishable
from wild individuals of their species. This includes, but is not
limited to, the following:
a. Domestic dog ( Canis
familiaris );
b. Domestic cat ( Felis
catus );
c. Domestic horse ( Equus
caballus );
d. Domestic cattle ( Bos
taurus and Bos indicus );
e. Domestic sheep ( Ovis
aries )
8. "Environmental police
officer" means any commissioned environmental police officer for
the Department of Environmental Management, Division of Law
Enforcement.
9. "Euthanasia"
means the humane destruction of an animal accomplished by a method
that involves nearly instantaneous loss of consciousness followed
immediately by death or by a method that involves anesthesia produced
by an agent which causes painless and rapid loss of consciousness and
death during that period of unconsciousness. All methods of
euthanasia must comply with Rhode Island General Laws and with the
most current American Veterinary Medical Association Guideline on
Euthanasia.
10. "Exposure" means
the possible exposure to the rabies virus via a direct bite or
scratch, which results in a break in the skin of the victim, or
contact between infectious material (i.e., saliva or Central Nervous
System (CNS) tissue and fluid) and the eye, inside the nose or mouth,
or a pre-existing break in the skin.
11. "Ferret" means
any member of the family Mustela putorius or Common European
Ferret.
12. "Manual" means
the current State of Rhode Island and Providence Plantations Manual
for Rabies Management and Protocols.
13. "Owner/keeper"
means any person or agency keeping, harboring or having charge or
control of or responsibility for control of an animal or any person
or agency which permits any dog, cat, ferret, or domestic animal to
habitually be fed within that person's yard or premises. This term
shall not apply to veterinary facilities, any licensed boarding
kennel, municipal pound, pet shop, or animal shelter. (See R.I. Gen.
Laws § 4-13-1.2)
14. "Person(s)"
means an individual, firm, joint stock company, partnership,
association, private or municipal corporation, trust, estate, state,
commission, political subdivision, any interstate body, the federal
government or any agency or subdivision of the federal government,
other government entity, or other legal entity.
15. "Quarantine"
means the removal, isolation, close confinement or related measures
of an animal under conditions and for time periods that are in
conformance with the guidelines set out in the Manual.
16. “Strict confinement”
means the act of confining an animal at the home of the animal in a
manner that the animal is not allowed to run free and is not allowed
to come into contact with any person or animal that does not reside
at that location. This type of action may be done in lieu of
quarantine at the discretion of the Animal Control Officer and only
when the animal being held in strict confinement is currently
vaccinated against rabies (as defined above) and is not considered a
high risk to escape, and the person in control of the animal is
considered by the Animal Control Officer to be certain to adhere to
the order for strict confinement.
17. "Target species"
means those animals at high risk for incubating rabies, including,
but not limited to, raccoons, foxes, skunks, bats and woodchucks.
2.5 Compulsory Rabies Vaccination
and Rabies Risk Signage
A. Animals Residing within
Rhode Island
Any owner or keeper of a dog,
cat, or ferret that is three (3) months of age or older and which
resides in Rhode Island shall have such dog, cat or ferret currently
vaccinated against rabies.
B. Animals Exhibiting within
Rhode Island
Any owner/keeper of any
animal species for which United States Department of Agriculture
(USDA) licensed unconditionally approved rabies vaccine exists, and
who uses such animals for show or exhibit purposes, or who allows
such animals, to come into direct physical contact with the public
shall keep such animals currently vaccinated against rabies,
(including, but not limited to: petting zoos, nature centers, riding
stables, fairs, shows, exhibitions, pony rides and educational
programs).
C. Posting of SIGNAGE for
Dogs, Cats, and Ferrets Maintained At Municipal or Private
Facility(s)
1. Dogs, cats, and ferrets
maintained at facilities (municipal or private) where animal/public
contact is allowed must be either:
a. Currently vaccinated
against rabies; or
b. If not currently vaccinated
against rabies due to any lawful reason must be:
(1) Separated from the public
by sufficient means so as to disallow direct animal/public contact;
and
(2) Identified as possible
rabies carrier by conspicuously posted and readily legible signs
stating: RHODE ISLAND RABIES CONTROL BOARD NOTICE: FEED AND TOUCH
THESE ANIMALS AT YOUR OWN RISK.
2. Facilities subject to this
regulation shall include but not be limited to the following: pet
shops, dog pounds, and animal shelters. Lawful reasons for keeping
animals that are not currently vaccinated include but are not limited
to animals that are too young to vaccinate or animals that have been
vaccinated but thirty (30) days have not lapsed since the
vaccination.
D. Posting of SIGNAGE for
Animals for Which No USDA Licensed Unconditionally Approved Vaccine
Exists
1. Animals which are used for
public display exhibition or show must be either:
a. Separated from the public
by sufficient means so as to disallow direct animal/public contact;
and
b. Identified as possible
rabies carriers by conspicuously posted and readily legible signs
stating: RHODE ISLAND RABIES CONTROL BOARD NOTICE: FEED AND TOUCH
THESE ANIMALS AT YOUR OWN RISK.
2. Facilities subject to this
regulation shall include but not be limited to the following: show,
petting zoos, zoos, nature centers, fairs, exhibitions, or
educational programs involving animals.
E. Exemptions
Low risk rabies species,
including, but not limited to, rodents, reptiles, birds, and those
rabbits which can be documented as being born and raised indoors need
not be isolated from direct physical contact with the public nor have
posted any public notice of rabies risk.
F. Variances
1. Any person seeking
exception to § 2.5(A) through § 2.5(D) of this Part, inclusive,
shall apply in writing to the Rhode Island Rabies Control Board for
such variance. The Rabies Control Board, may, if satisfied that the
variance conditions do not constitute a threat to public health or
safety, grant said variance. The Rabies Control Board will meet from
time to time to consider any variances that have been received. The
Rabies Control Board will meet no less frequently than once per year
for this purpose, but may, at the discretion of the State
Veterinarian, meet more frequently. The Rabies Control Board may
seek an opinion from municipal officials regarding granting of a
variance. The Rabies Control Board may issue stipulations and/or
conditions to any variance granted that will decrease the public
health risk of an owner keeping an unvaccinated animal. If a
variance is granted, the owner of the animal and the Animal Control
Officer with authority in the jurisdiction where the animal for which
the variance is granted will be notified in writing of the variance.
If the animal is relocated to another municipality within the state,
the State Veterinarian must be notified a minimum of fourteen (14)
days prior to relocation so that the ACO of the municipality that the
animal is being relocated to can be notified of the relocation.
Failure of the owner to maintain any of the stipulations and/or
conditions of these Regulations or of the specific variance may
result in penalties as set forth in these regulations. The Animal
Control Officer with authority in the jurisdiction where the animal
for which a variance is granted is kept shall have the responsibility
of ensuring that the stipulations and/or conditions of the variance
have been maintained.
2. The application for a
variance shall demonstrate that:
a. strict adherence to the
regulation causes undue hardship or the impossibility of performance;
and
b. the procedures to be
followed if the variance is granted are as protective as the section
from which relief is requested.
2.6 Rabies Vaccination Protocol
A. Vaccine Administration
For animals to be considered
Currently Vaccinated, rabies vaccinations shall be administered by or
under the direct supervision of a licensed veterinarian. All rabies
vaccine must be stored, handled, and administered in strict
accordance with the vaccine manufacturer’s labeled directions.
B. Record Keeping and Tag
Issuance
1. The Veterinarian must
maintain a record identifying the vaccinated animal, the owner's name
and address, the rabies tag number issued (if applicable) as well as
the date of inoculation and the date the next booster is due. Such
records must be maintained for five (5) years following vaccination.
2. The licensed veterinarian
or person working under the direct supervision of a licensed
veterinarian who administered a rabies vaccination must issue a
rabies tag to the owner/keeper of any dog or cat that (s)he
vaccinates against rabies. Such tags shall clearly identify the
veterinary hospital/clinic at which the animal was vaccinated, the
telephone number of that clinic, the year of rabies vaccination, and
also contain an identification number unique to that animal.
C. Rabies Certificates
The licensed veterinarian or
person directed by a licensed veterinarian must issue a rabies
vaccination certificate to the animal's owner or keeper:
1. If the animal vaccinated is
a dog, cat, ferret or horse, the rabies vaccination certificate shall
include, but not be limited to, the following items:
a. Name of the licensed
veterinarian, his/her practice name, practice address and state
veterinary license number.
b. The Animal Owner or
Keeper's name and address;
c. The animal's name,
species, breed, age, sex and coloration;
d. The name of the rabies
vaccine manufacturer, the brand name of the product used, the vaccine
serial number;
e. The date of rabies
inoculation and the date when the next rabies booster shall be
administered;
f. If a dog or cat, number of
the rabies tag issued; and
g. Signature, or authorized
use of a signature stamp or electronic signature, of the licensed
veterinarian who administered or supervised the administration of the
rabies vaccine.
2. If the animal vaccinated is
a bovine, sheep or domestic animal other than a dog, cat, horse or
ferret for which a species-approved rabies vaccine exists; the rabies
vaccination certificate shall include, but not be limited to, the
following items:
a. Name of licensed
veterinarian who gave or directed rabies vaccine administration,
his/her practice name, and state veterinary license number;
b. Animal owner/keeper's
names and address;
c. The animal's
individualized eartag number, breed registration number, microchip
number, or individualized tattoo number;
d. The animal's species,
breed, age and sex;
e. The name of the rabies
vaccine manufacturer, the brand name of the product used, the vaccine
serial number;
f. The date of rabies
inoculation and the date when the next rabies booster shall be
administered;
g. The signature, or
authorized use of a signature stamp or electronic signature, of the
licensed veterinarian who administered or supervised the
administration of the rabies vaccine.
D. The owner/keeper of a
rabies vaccinated animal shall keep such certificate or a copy
thereof stating that such animal has been vaccinated and shall make
such certificate or copy available to an ACO or Department of
Environmental Management or Department of Health personnel upon
request.
E. NOTE: A Rabies Vaccination
Certificate is the only official proof of vaccination.
F. Failure to Present Rabies
Certificate
Failure or inability by the
owner/keeper of an animal to present or make available such rabies
certificate or a copy thereof to Animal Control Personnel, police
personnel, Department of Environmental Management, or Department of
Health personnel upon request shall result in classification of the
animal in question as not currently vaccinated against rabies. Such
animal may then be seized and placed in quarantine or euthanized at
owner's expense for rabies testing according to Rabies Manual
recommendations.
G. Release of Information
Veterinarians, shall, upon
request from any ACO, Police Department, Department of Environmental
Management, or Department of Health personnel investigating a
possible rabies exposure, release any and all requested patient
information pertinent to such investigation. Such information may
include, but is not limited to: Animal's species, name, breed, sex,
coloration, age, date of last rabies vaccination, the date when the
next rabies booster is due, eartag, registration, and/or tattoo
number, owner/keeper's name, address, and telephone number(s), the
rabies tag number, the name of the rabies vaccine manufacturer, and
the name of the Veterinarian who administered the most recent rabies
vaccination. The release of such information by a veterinarian to
said officials investigating a possible rabies exposure shall be
considered in the interest of public health.
2.7 Importation of Domestic
Animals: Health Certificates
A. Imported Dogs, Cats,
Ferrets
Any dog, cat or ferret
transported into the State of Rhode Island must be accompanied by an
official Certificate of Health signed by a duly licensed veterinarian
from the State of Origin stating that the animal is not showing signs
of infectious, contagious and/or communicable disease, did not
originate within an area under quarantine for rabies or any other
communicable disease, and has not been exposed to rabies.
1. For all dogs, cats, and
ferrets three (3) months of age or older, the health certificate must
also show proof of rabies vaccination administration in accordance
with the most current Compendium of Animal Rabies Control prior to
entry into Rhode Island.
2. For all dogs, cats, and
ferrets over six (6) months of age that have no proof of prior
vaccination, a period of thirty (30) days must lapse between
vaccination and entry into Rhode Island. (See also Rules and
Regulations Governing the Importation of Animals, 250-RICR-40-05-1)
B. Other Imported Species
All age appropriate domestic
animals other than dogs and cats and ferrets for which
species-approved rabies vaccine is available and which are being
imported into Rhode Island for exhibition or show purposes must be
accompanied by proof of rabies immunization administered in
accordance with the most current Compendium of Animal Rabies Control
prior to entry into Rhode Island. The certificate must also state
that the animal did not originate within an area under quarantine for
rabies or any other communicable disease, and has not been exposed to
rabies.
C. Vaccine Administration
All rabies vaccines described
within this section must be administered by or under the direct
supervision of a licensed veterinarian.
2.8 Adoptions and Sales
A. Notice to New Owner of
Rabies Vaccination Requirement
It shall be unlawful for any
pound, protection league, animal shelter, kennel, pet store, humane
society, or any other duly licensed facility to sell, give away, or
adopt out any dog, cat or ferret without providing the new owner with
a form indicating that inoculation against rabies is required, under
R.I. Gen. Laws § 4-13-4.1, within thirty (30) days of adoption for
all such animals three (3) months of age or older.
B. Signing of Register by New
Owner
The pound, protection league,
animal shelter, kennel, pet store, humane society or other duly
licensed facility shall require the new dog, cat or ferret owner to
sign a register indicating that the new owner has received such a
form and such register shall also contain the name, address, and
signature of the new owner and shall be permanently maintained by the
facility.
2.9 Rabies Exposure
A. Exposures from Domestic
Animals
In the event that any human
being or domestic animal receives an exposure from any domestic
animal, the individual exposed or the owner of the domestic animal
that was exposed must:
1. Immediately contact the ACO
in the city or town within whose borders the exposure occurred.
2. Upon report of an exposure
involving a dog, cat or ferret, the ACO shall make a site visit
within twenty-four (24) hours and make a report including but not
limited to, facts surrounding the exposure, description of the
attacking animal, proof of most recent rabies vaccination for animal
that was exposed, proof of most recent rabies vaccination for the
attacking animal, the attacking animal owner's name and address,
victim's name and address or exposed animal owner's name and address
along with the ACO's recommendations and/or order of disposition of
the attacking animal.
B. Investigation
1. During the course of the
ACO's site visit and investigation, he/she shall make an order
concerning:
a. euthanasia,
b. quarantine,
c. strict confinement,
d. close observation and/or
e. rabies immunization of any
dog, cat, or ferret involved, either the exposing (attacking) animal
or the one exposed (victim).
2. Such order shall be in
accordance with the guidelines set forth in the Manual. The person
exposed and/or the owner or keeper of a suspect rabid dog, cat or
ferret shall be notified by the ACO within twenty-four (24) hours of
the disposition of the exposing/exposed animal.
a. All recommendations and
orders shall be consistent with the most recent Manual.
b. If the exposure occurs
during an animal attack and the attacking dog, cat or ferret is
killed during the course of the attack, the ACO may, pending specimen
approval, require the head of the attacking animal to be submitted
for examination and testing to the Department of Health Laboratory.
c. Canines belonging to
State/Municipal police departments that bite during the course of
their police duties may not necessarily be placed under quarantine
provided such animals are current on their rabies immunization. Such
animals, if not quarantined, must be examined by a veterinarian
fourteen (14) days following any such exposure incident and be
certified in writing to be free from signs of rabies.
d. If the suspect rabid
animal(s) reside in a municipality other than that where the exposure
occurred, the responding ACO shall notify the ACO of the city or town
where the suspect animal resides. The ACO for the municipality where
the animal resides, shall then be responsible for ensuring that the
conditions of confinement/quarantine are met.
e. If the suspect rabid animal
resides in a state other than RI or if the ACO has good cause to
believe that the owner of the animal will not comply with any action
to protect the health of the victim of an exposure, whether that
victim is a person or domestic animal, then the ACO may hold the
suspect animal under quarantine in the municipality where the
exposure occurred. The conditions of the quarantine will be
consistent with the current Manual. Any expense related to
quarantine as described will be the financial responsibility of the
suspect animal’s owner.
C. Humans Exposed by a Target
Species
In the event that any human
being is exposed by a target species for rabies or any other wild
mammal, the individual exposed must call an ACO in the city or town
within which the exposure occurred within 24 hours of the exposure.
1. The target species or other
wild mammal may be ordered euthanized by an ACO.
2. The euthanized animal's
head shall be submitted to DOH Laboratory for rabies testing.
3. The ACO must notify the
Department of Health of all potential and documented animal exposures
to humans.
D. Domestic Animals Exposed by
a Target Species
In the event that any dog,
cat, ferret or other domestic animal is exposed or attacked by a
target species for rabies or any other wild mammal, the owner of the
dog, cat or ferret shall contact an ACO in the city or town within
which the exposure occurred within 24 hours of the exposure.
1. The target species or other
wild mammal may be ordered euthanized by an ACO and the head may be
submitted to the Rhode Island Department of Health Laboratory for
rabies testing.
2. If the exposed animal is
domestic and other than a dog, cat or ferret, the responding ACO
shall notify the State Veterinarian.
3. If the exposed animal is
non-domestic (i.e. wild or exotic animal), the ACO shall contact the
State Veterinarian.
4. If the exposed animal is a
dog or cat, the responding ACO shall make an order concerning
euthanasia, quarantine, strict confinement, close observation and/or
rabies immunization of the exposed animal.
5. If the suspect rabid
animal(s) reside in a municipality other than that where the exposure
occurred, the responding ACO shall notify the ACO of the city or town
where the animal resides. The ACO for the municipality where the
animal resides shall then be responsible for ensuring that the
conditions of confinement/quarantine are met.
6. If the suspect rabid animal
resides in a state other than RI or if the ACO has good cause to
believe that the owner of the animal will not comply with any action
to protect the health of the victim of a exposure, whether that
victim is a person or domestic animal, then the ACO may hold the
suspect animal under quarantine by the municipality where the
exposure occurred. The conditions of the quarantine will be
consistent with the current Manual. Any expense related to
quarantine as described will be the financial responsibility of the
suspect animal’s owner.
2.10 Rabies Testing
A. Domestic animal testing:
No suspect rabid animal shall be euthanized without being tested for
rabies. Any suspect rabid animal that dies during quarantine shall be
tested for rabies at a State approved laboratory.
B. Wild animal testing: The
decision whether to test wild animals will be made on a case-by-case
basis. The State Veterinarian or the Department of Health will have
the authority to authorize testing of wild animals.
2.11 Quarantine
A. An ACO may order
euthanasia, quarantine, strict confinement, close observation and/or
rabies immunization consistent with the most recent Manual for any
dog or cat suspected of rabies incubation or exposure. Any order for
strict confinement shall specifically enumerate all conditions of
such confinement. A copy of such order shall be sent to the State
Veterinarian within seven (7) days of issuance. Off premises
quarantine must only occur at a facility approved for that purpose by
the State Veterinarian or his/her agent.
B. Suspect Rabid Animal
Any suspect rabid animal
which cannot safely be maintained in a secure off premise quarantine,
and which does not meet the criteria of § 2.11(D) of this Part for
Strict Confinement, may be euthanized and tested for rabies.
C. Quarantine Not Maintained
If, in the opinion of the
State Veterinarian, the quarantined animal cannot humanely be
maintained for the required quarantine period, the animal may be
euthanized and tested for rabies prior to the completion of the
quarantine period.
D. Strict Confinement
An ACO may allow Strict
Confinement for any suspect rabid dog, cat or ferret if the following
criteria can be met:
1. The suspect animal is
currently vaccinated against rabies and;
2. The ACO or a licensed
veterinarian shall, at the owner's expense, observe and certify in
writing that the animal is free of signs of rabies on at least the
first and last day of the quarantine period. If the animal becomes
ill, escapes, exposes a person or other domestic animal, or has an
additional rabies exposure during the quarantine or strict
confinement period, the local ACO shall immediately be notified by
the person having possession of the animal. At the end of the
quarantine period, the release from quarantine must be accomplished
in writing by the ACO or licensed veterinarian examining the animal
at the close of the quarantine period.
E. Refusal of Strict
Confinement
1. The ACO may refuse Strict
Confinement based on but not limited to the following factors:
a. The owner's past history of
non-compliance with regard to animal control
ordinances/regulations/statutes;
b. An inspection of the
proposed home confinement area which reveals lack of availability of
suitable confinement facilities;
c. Evidence of probable
non-compliance (intentional or otherwise) to an order of quarantine;
2. If, in the opinion of the
State Veterinarian, a suspect rabid animal cannot be safely
quarantined off premise, the State Veterinarian may at his/her
discretion allow Strict Confinement, the conditions of § 2.11(D) of
this Part notwithstanding.
F. Owner or Keeper Strict
Confinement
In the event that the suspect
rabid dog, cat or ferret with a known owner or keeper is ordered by
the ACO to be held in Strict Confinement:
1. The owner/keeper must
strictly abide by the order of Strict Confinement as issued by the
ACO;
2. Such order of Strict
Confinement must include specific instructions regarding manner of
confinement, frequency of observation of the suspect rabid animal,
characteristics to be aware of and what to do in the event of
illness, behavioral change, escape, the animal exposes a person or
other domestic animal, or the animal has an additional rabies
exposure.
3. Said animal must be
examined by a veterinarian or ACO on the last day of Strict
Confinement and certified in writing to be free of signs of rabies.
4. Failure by the owner to
abide by the specific instructions of Strict Confinement will result
in seizure of the animal and euthanasia and rabies testing or
completion of the quarantine off premise at the owner's expense.
G. Off Premises Quarantine
In the event that the
owner/keeper of a suspect rabid dog or cat chooses to quarantine
their animal instead of euthanizing said animal for rabies testing,
and the conditions of § 2.11(D) of this Part cannot be met with the
result that the animal is quarantined away from the owner/keeper's
premises, the owner or keeper shall be responsible for all costs
resulting from such ordered quarantine, including, but not limited
to, a specified amount per day for the care and feeding of the
quarantined animal as specified by the facility, and any and all
additional fees required by the quarantining veterinarian, animal
hospital, pound and/or kennel arising out of the quarantine. In order
to be released from quarantine, any suspect rabid animal quarantined
on or off premises must be examined by an ACO or Veterinarian on or
after the last day of quarantine and certified in writing to be free
from signs of rabies.
H. Illness or Behavioral
Change
In the event that the suspect
rabid dog or cat quarantined off premises becomes ill or displays a
behavioral change during the course of the quarantine period, the ACO
shall cause said animal to be examined by a licensed veterinarian. If
the veterinarian concludes that the animal shows signs compatible
with a diagnosis of rabies, the animal shall be euthanized and tested
for rabies.
H. Strays
In the event that the dog or
cat has no apparent owner and the ACO orders quarantine, the dog or
cat shall be held a minimum of five (5) days in accordance with R.I.
Gen. Laws § 4-13-15.
1. In order to allow the
owner/keeper an opportunity to claim the animal, a reasonable attempt
to notify the owner/keeper of the seizure and quarantine of the
animal shall be made. Such notice may be limited to posting the
animals description at the place of quarantine and/or the office of
the city or town clerk.
2. After the five (5) day
minimum holding period, the dog or cat may be euthanized by a duly
licensed veterinarian.
3. If euthanasia of said
animal is conducted and if the animal euthanized is known to have
exposed an animal or human, the head shall be submitted for
examination and rabies testing.
4. If the dog or cat with no
apparent owner and/or keeper dies at any time during the quarantine
and said animal is known to have exposed an animal or a human, the
animal shall be decapitated and the head shall be submitted for
examination and rabies testing.
5. If the dog or cat with no
apparent owner/or keeper becomes ill at any time during the
quarantine and said animal is known to have exposed an animal or a
human, the animal shall be examined by a licensed veterinarian.
6. If the veterinarian
determines that said animal shows signs compatible with a diagnosis
of rabies, the animal shall be euthanized and the head submitted for
examination and rabies testing.
I. Ferrets
Due to the lack of an
established incubation period, if the suspect rabid animal is a
ferret, the ACO shall handle the animal according to the
recommendations of the most current Compendium. The ACO shall also
make an order concerning euthanasia, restraint, quarantine or
disposal of a ferret as deemed necessary and consistent with the
Manual and/or the most current Compendium. The ACO shall cause a copy
of any order he/she issues to be sent to the State Veterinarian.
J. Livestock and Non-Domestic
Animals
1. If the suspect rabid animal
is domestic and other than a dog, cat, or ferret, the disposition of
said animal will be determined by the State Veterinarian;
2. If the suspect rabid animal
is a non-domestic species the disposition of said animal will be
determined by the State Veterinarian.
2.12 Record Keeping
A. All ACO's shall maintain a
record of all animals placed under quarantine and the final
disposition of the animal following the termination of the quarantine
or rabies examination;
B. Any order of quarantine
shall be made on forms provided by the DEM, Division of Agriculture.
A copy of any order of quarantine so issued shall be sent to the
State Veterinarian, Animal Health Program, Division of Agriculture,
and Department of Environmental Management;
C. In the event that any ACO
orders a dog, cat, or ferret euthanized for the purpose of Rabies
Diagnosis, the head shall be examined and tested for rabies by a
State approved laboratory;
D. The ACO will inform the
Center for Epidemiology of the Department of Health of such a
submission.
2.13 Violations
Any person, who violates any
provision of these regulations may be subject to fines not to exceed
five hundred dollars ($500) per offense, and/or, if applicable
criminal prosecution under R.I. Gen. Laws § 4-13-29.3.
2.14 Enforcement
Any ACO with authority in the
jurisdiction where a violation occurred, any officer of a municipal
or state police department, the Rhode Island State Veterinarian, or
any officer of DEM Environmental Police has the authority to enforce
any of the provisions of these regulations.
2.15 Applicability
These Regulations shall apply
to any owner or keeper of a domestic or non-domestic animal kept or
housed within the State of Rhode Island.
2.16 Severability
If any section or provision
of these Regulations is held invalid by a court of competent
jurisdiction, the remaining sections or provisions of the Regulations
shall not be affected thereby.
2.17 Consistency
No provision of these
Regulations shall be construed to prevent enforcement of any other
state, federal or local laws and regulations duly adopted for the
purpose of protecting the public health.