250-RICR-60-00-1
250-RICR-60-00-1. Rules and Regulations Governing Wildlife Rehabilitation (version Amendment, 12/26/2018 to 07/12/2021)
1.1 Purpose
The proper care of orphaned
and/or injured wildlife requires special knowledge and facilities not
possessed by the general public. Specially trained individuals,
collectively called Wildlife Rehabilitators, provide for the care of
injured and orphaned wildlife so that such wildlife may be returned
to the wild. The purpose of these regulations is to establish the
standards under which such wildlife rehabilitators may be permitted
to temporarily possess wildlife protected by the Department under
R.I. Gen. Laws Chapter 20-1, in order to provide necessary aid.
1.2 Authority
These Rules and Regulations
are adopted pursuant to authority vested in the Director pursuant to
R.I. Gen. Laws Chapters 42-17.1, 42-17.6; R.I. Gen. Laws §§
20-1-4, 20-1-18, 20-1-22, 20-37-3 and in accordance with the
requirements of the Administrative Procedures Act, R.I. Gen. Laws
Chapter 42-35.
1.3 Application
The terms and provisions of
these Rules and Regulations shall be liberally construed to permit
the Department to effectuate the purposes of State law, regulations,
and policies.
1.4 Incorporated Materials
A. These regulations hereby
adopt and incorporate 50 C.F.R. § 17.11 (2017) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with these
regulations.
B. These regulations hereby
adopt and incorporate 50 C.F.R. § 17.12 (2016) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with these
regulations.
C. These regulations hereby
adopt and incorporate the "AVMA Guidelines for the Euthanasia of
Animals" (2013 Edition) published by the American Veterinary
Medical Association, by reference, not including any further editions
or amendments thereof and only to the extent that the provisions
therein are not inconsistent with these regulations.
D. These regulations hereby
adopt and incorporate the "Minimum Standards for Wildlife
Rehabilitation" (2012) published by the US National Wildlife
Rehabilitation Association and the International Wildlife
Rehabilitation Council, by reference, not including any further
editions or amendments thereof and only to the extent that the
provisions therein are not inconsistent with these regulations.
1.5 Definitions
A. Wherever used in these
Rules and Regulations the following terms shall be construed as
follows:
1. "Department" or
"DEM" means the Rhode Island Department of Environmental
Management.
2. "Director" means
the Director of the Rhode Island Department of Environmental
Management, or his/her duly authorized agent or agents.
3. "Division" means
the Division of Fish & Wildlife of the Rhode Island Department of
Environmental Management so-called in the R.I. Gen. Laws; and called
Fish and Wildlife (F&W) in regulations.
4. "Endangered species"
means those species of animals designated as threatened or endangered
according to the U.S. Fish and Wildlife Service as published in 50
C.F.R. § 17.11, incorporated above at § 1.4(A) of this
Part, and 50 C.F.R. § 17.12, incorporated above at § 1.4(B)
of this Part.
5. "Euthanasia"
means the humane destruction of an animal accomplished by a method
that involves 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.
6. "Exotic animals"
means animals not occurring naturally, either presently or
historically, within the boundaries of the State of Rhode Island
including, but not limited to: Mute Swans, Monk Parakeets,
Mudpuppies, and Red-eared sliders.
7. "Fish and Wildlife"
or "F&W" means the Fish and Wildlife Program of DEM's
Office of Natural Resources, formerly referred to as the Division.
8. "IWRC" means the
International Wildlife Rehabilitation Council.
9. "Native wildlife"
means animals occurring naturally, either presently or historically,
within the boundaries of the State of Rhode Island.
10. “Permittee”
means § 1.5(A)(22) of this Part, “Wildlife Rehabilitator”.
11. “Person” means
any individual, partnership, firm, joint stock, company, corporation,
association, trust, estate, municipality, or other government entity
or other legal entity.
12. "Sponsor" means
a person previously permitted as a Level II rehabilitator, agreeing
to assist between one and three Level I apprentices, according to the
guidelines adopted in the sponsor packet, as provided.
13. “Sharps” means
Sharps that have been used in animal or human patient care of
treatment, including sharps generated from the preparation of human
and animal remains for burial or cremation, or in medical, research,
or industrial laboratories, including, but not limited to, hypodermic
needles, syringes with or without the attached needle, pasteur
pipettes, scalpel blades, blood vials, needles with attached tubing,
glass carpules, and glass culture dishes regardless of presence of
infectious agents. Also included are other types of broken or
unbroken glassware that have been used in animal or human patient
care or treatment, such as used slides and cover slips. For the
purpose of these regulations, disposable syringes and needles are
considered regulated medical waste after one use.
14. "State list"
means currently listed wildlife species requiring a permit for
handling.
15. "State manual"
means the most current wildlife rehabilitation manual prepared by the
Division of Fish & Wildlife.
16. “Sub-permittee”
means persons authorized to assist with the rehabilitation of
wildlife under the authority of a Level ll licensee’s permit.
17. “Transporter”
means persons authorized to transport wildlife to licensed wildlife
rehabilitators.
18. "Vector species"
or "Rabies vector species" means those species that are the
most common wildlife carriers of rabies including raccoons, skunks,
bats, woodchucks and foxes.
19. "Wildlife
rehabilitation" means the practice of providing care for
injured, orphaned or sick wildlife including their capture, housing,
feeding, emergency treatment for the primary purpose of release into
the wild.
20. "Wildlife
rehabilitator" or "Permittee" means persons receiving
a special purpose scientific collectors’ permit pursuant to
these Rules and Regulations.
1.6 Severability
If any provision of these
Rules and Regulations, or application thereof to any person or
circumstances, is held invalid by a court of competent jurisdiction,
the validity of the remainder of the Rules and Regulations shall not
be affected thereby.
1.7 Violations
A. Any violation pursuant to
the provisions of R.I. Gen. Laws Title 20 and the Rules and
Regulations herein, either by a permittee or a sub-permittee working
under said permittee may be cause for imposing penalties in
accordance with the provisions of the above-mentioned statute,
removal of regulated species, as well as revocation of existing
rehabilitation permit(s) of both the sub-permittee and responsible
permittee.
B. Special Purpose Scientific
Collector Permits for Wildlife Rehabilitation may be terminated by
the Director for any of the following reasons:
1. The Wildlife Rehabilitator
has ceased to meet appropriate eligibility requirements for
appointment as set forth in these regulations.
2. The Wildlife Rehabilitator
has failed to perform duties as provided in these regulations.
3. The Level I Wildlife
Rehabilitator or sub-permittee does not meet criteria on evaluation
form and is no longer endorsed by the designated sponsors.
4. The Wildlife Rehabilitator
has ceased to have an approved wildlife rehabilitation facility
available for permittee’s use.
5. In cases where a permit is
terminated, the Director, in his/her discretion, may impose a period
of probation, recertification and testing, and/or reduce the level of
permit, or reinstate the permit.
1.8 Appeal and Hearing Procedures
A. Opportunity for Hearing
1. Denials - Any person whose
application for a permit, permit renewal, or other approval, has been
denied by the permitting agency, acting through Fish and Wildlife,
may appeal to the Administrative Adjudication Division, for review of
the decision on which the denial is based.
2. Violations - Any person who
has been issued a notice of violation of any of the provisions of
these Rules, may request a hearing from the Administrative
Adjudication Division, subject to the provisions of R.I. Gen. Laws §
42-17.1-2(u).
3. Hearings and Administrative
Procedure - Pursuant to the authority granted to the Department in
R.I. Gen. Laws § 42-17.7-9.
a. Any person who seeks an
adjudicatory hearing in order to contest an enforcement action which
alleges violation(s) of these Rules and Regulations must file said
request in writing with the clerk of Administrative Adjudication
Division, 235 Promenade Street, 3rd Floor, Providence, Rhode Island,
02908 within twenty (20) days of receipt of the contested agency
enforcement action.
b. Any person who seeks an
adjudicatory hearing relative to the denial of a permit or sub-permit
arising under these Rules and Regulations must file said request in
writing with the clerk of Administrative Adjudication Division, 235
Promenade Street, 3rd Floor, Providence, Rhode Island 02908 within
thirty (30) calendar days of receipt of the contested agency action.
1.9 Qualifications to Gain a
Permit
Criteria - Fish and Wildlife
may issue an annual special Scientific Collectors Permit to
rehabilitate native wildlife to persons meeting the criteria set
forth in these regulations. Prior to permit issuance, Fish and
Wildlife shall determine that the applicant has met the following
requirements in the categories described below.
1.9.1 Level
P-Sub-permittee:
A. Sub-permittees must pass a
written examination established by the Department. Following
satisfactory completion of the State test, as delineated in §
1.10(A)(7) of this Part, a person may qualify to assist any class of
Level ll permittees under the direct supervision of the permittee.
Sub-permittees are strictly prohibited from handling and
rehabilitating raptors or rabies vector species (RVS) at any time. In
addition, sub-permittees are strictly prohibited from handling any
category of animals for which their supervising permittee has not
been duly authorized to care for.
B. Following the completion of
not less than 25 hours of hands on activity and six (6) hours of
instructional training sufficient to demonstrate to the satisfaction
of the permittee that the sub-permittee has sufficient skills and
knowledge, the permittee shall be considered for off-site approval.
C. In order to be considered
for off-site approval, the sub-permittee must meet the following
requirements:
1. Facility must meet or
exceed the minimum standards and be inspected by the permittee on
forms provided by and submitted to DEM prior to acceptance of any
wildlife for rehabilitation.
2. The submission by the
permittee of a written policy which shall include inter alia, the
relationship to be maintained between the permittee and the
sub-permittee, frequency and extent of inspection and continuing
monitoring of the sub permittee. In no case shall the sub-permittees
facilities not be inspected by the permittees less frequently than
one (1) month interval during the season for initial year and one
visit per season for subsequent years and that the permittee submit a
report on the progress of the sub-permittee on the form provided at
thirty (30) and sixty (60) day intervals. Sub-permittees are
restricted to pre-fledged songbirds and waterfowl and un-weaned
non-RVS small mammals. Sub-permittees are permitted to temporarily
house post weaned non- RVS mammals for soft release only, restricted
to the providing of food and water limited to a period not to exceed
two weeks. Handling of soft release candidates is prohibited.
Sub-permittees must comply with all requirements set out in §
1.12 of this Part.
1.9.2 Level I –
Apprentice
A. An apprentice is authorized
to receive, rehabilitate, transfer and release all wildlife in
categories listed on the permit under the supervision of a Division
approved sponsor and under conditions specified in the regulations.
B. Applicants for licensure as
Level I rehabilitators must present a written letter of
recommendation by Level ll rehabilitator willing to serve as the
applicant's sponsor/consultant during the first year of applicant's
apprenticeship and must pass a written examination established by the
Department and successfully complete the IWRC Basic Wildlife
Rehabilitation Course.
C. Apprentices must consult
their sponsor immediately after receiving any wildlife, as well as
adhering to regulatory requirements. Level l permittees are not
authorized to sponsor or list sub-permittees on their permit.
1.9.3 Level II
A. Qualified persons are
persons who were previously licensed as a Level II rehabilitator in
Rhode Island or in another state having equivalent requirements and
offering reciprocal privileges to licensed rehabilitators of this
state, or who have currently held a Level I permit for 1 (one) year
with a letter of recommendation from a Level II sponsor and having
passed required examination, may apply for licensure by the Division
as a Level II rehabilitator.
B. Sub-permittees are
permitted to assist under the direct supervision of Level ll
permittees. Level ll permittees are directly responsible for the
action of any subpermittee acting under his /her permit. Level II
permittees shall sponsor no more than 5 sub-permittees as an
individual or 10 sub-permittees at an approved center.
1.9.4 Level II R
Persons meeting Level ll
requirements, having held a previous Level ll R permit or with a
letter of recommendation from a Level ll R sponsor.
1.9.5 Level F
Qualified persons holding a
valid Rhode Island General or Master class Falconer permit may obtain
a permit restricted to raptors. Level R permit holders are required
to adhere to all requirements set out in § 1.10 of this Part
with the exception of § 1.10(A)(7) of this Part.
1.9.6 Level T
Qualified persons are limited
to the transport only of non-rabies vector species native wildlife.
Qualified persons shall be those holding transport permits in the
past or individuals who have attended and successfully completed
class in transporting wildlife, approved by the Division.
1.9.7 Level TX
Qualified persons are limited
to the transport of non-vector species and rabies vector species. In
addition to above transport requirements in § 1.9.6 of this
Part, Level TX permit holders must abide by the conditions in §
1.14 of this Part, and Part
40-05-2 of this Title.
1.9.8 Level II V
Restricted to veterinarians
licensed in the State of Rhode Island.
1.9.9 Level II X
A. Qualification is limited to
those persons meeting Level II requirements in addition to the
conditions and requirements as described in § 1.14 of this Part
and Part
40-05-2 of this Title.
B. All wildlife rehabilitators
must follow the following protocols, and applicable provisions of
Part
40-05-2 of this Title, with Level II-X authority.
1. Level II-X - Permit Holder
must notify the Department of Health (DOH) regarding every RVS
contact with information gathered on form provided by the Division.
2. Level II-X wildlife
rehabilitators are responsible for the pick-up and transport of RVS.
No one other than Level II-X permittees can transport animals.
a. Level II-X wildlife
rehabilitators must not request or direct any person who discovers a
RVS to handle that animal.
b. Wildlife rehabilitators
must complete a "Rabies Vector Species Acceptance-Interview"
form for each RVS that is picked up by the wildlife rehabilitator.
One form may be used if the RVS incident involves more than one
animal. This form is in addition to the:
(1) initial intake form;
(2) daily log sheet, and
(3) RVS wildlife
rehabilitation log sheet. The Rhode Island Department of Health (DOH)
must immediately be notified by telephone with the information on the
form. Depending on the directive of the DOH, the completed form may
be mailed or faxed, with a copy forwarded to the Division of Fish and
Wildlife.
c. When a person informs a
Level II-X wildlife rehabilitator that he or she has been bitten,
scratched, or otherwise exposed to the saliva of a RVS, the wildlife
rehabilitator must:
(1) advise the person to
immediately wash the wound thoroughly with soap and water;
(2) advise the person to call
his or her physician or to seek medical attention immediately;
(3) immediately notify the DOH
of the incident and request further instructions concerning the
disposition of the biting RVS animal.
d. When a person informs a
Level II-X wildlife rehabilitator that a RVS has bitten a domestic
cat, dog, or ferret, the wildlife rehabilitator must:
(1) advise the person to avoid
touching the domestic animal or to use gloves when handling the
domestic animal;
(2) advise the person to
notify the local animal control officer to have animal bite form and
an order of quarantine, confinement, or booster;
(3) advise the person to call
his or her veterinarian to determine vaccination history;
(4) immediately notify the
local Animal Control Officer of the incident and request further
instructions concerning the disposition of the biting wild animal.
e. When a person informs a
Level II-X rehabilitator that a RVS has bitten a domestic animal
other than a cat, dog, or ferret (e.g. a cow or horse), the
rehabilitator must:
(1) advise the person to avoid
touching the domestic animal or to use gloves when handling the
domestic animal;
(2) advise the person to call
the state veterinarian;
(3) advise the person to call
his or her veterinarian to determine vaccination history;
f. When a person appears at a
Level II-X wildlife rehabilitator's RVS facility with a RVS or a
rabies-suspect animal, the wildlife rehabilitator who has been
granted RVS authority must:
(1) either accept the RVS or
direct the person and animal to another wildlife rehabilitator with
RVS authority. Wildlife Rehabilitators may accept RVS for euthanasia
if facilities are full.
(2) advise the person to call
his/her physician to report a possible exposure to a rabid or
rabies-suspect animal;
(3) immediately notify the
Department of Health of the incident and request further instructions
concerning the disposition of the RVS, using RVS Acceptance Interview
Form.
1.10 Application Requirements for
All Categories
A. The application shall
include but not be limited to the following:
1. Certification that the
applicant is at least 18 years of age, and a resident of Rhode
Island;
2. Submission of a letter of
acceptance from sponsor as required.
3. Submission of a letter from
Rhode Island licensed and permitted veterinarian, agreeing to provide
services at no cost to the State.
4. A description of
applicant’s education and experience.
5. An address and description
of the applicant’s rehabilitation facility. Facility must meet
or exceed minimum standards as defined and be available for
inspection by the Department at any reasonable hour.
6. Designate category of
permitted native wildlife that the applicant wishes or is qualified
to rehabilitate (small mammals, small birds, reptiles, raptors,
rabies vector species or all).
7. Prior to licensure,
first-time applicants and sub-permittees must attain a grade of 80
percent or higher on the open book written examination administered
by the Department. First-time applicants, excluding sub-permittees,
must also attain a grade of 70 percent or higher on the exam
administered by the International Wildlife Rehabilitation Council in
the Basic Wildlife Rehabilitation Course; veterinarians and general
or master falconers are exempt.
8. Submission of applicant's
USFWS special purpose rehabilitation permit, if applicable, or copy
of application if pending. A federal permit is required prior to
handling of any federally regulated species pursuant to 50 C.F.R. §
13, and 50 C.F.R. § 21.27 and 50 C.F.R. § 21.29.
9. Certification by the
applicant that no local ordinances prohibit the possession of
wildlife and/or that the possession of wildlife does not violate any
rental or real estate agreement at the facility where the applicant
proposes to conduct wildlife rehabilitation. Applicant must also
submit a letter of approval from employer if wildlife is to be
temporarily housed at a work facility, to include the address and
description of the facility.
10. Certification from the
applicant on application provided by the Division that all
rehabilitation activities will comply with these regulations.
11. Certification of proof of
Tetanus vaccine within the last ten years, and additionally, for
rabies vector species, proof of rabies vaccination or report of
antibody titer >0.5 IU checked at least every two years.
12. Certification that the
applicant has not been convicted of a violation of any provisions of
these regulations, or had his/her license to rehabilitate wildlife in
Rhode Island revoked or suspended within three years prior to
application.
1.11 Permit Issuance
A. Interview and inspection by
a Division representative of a first-time applicant or apprentice to
assess the applicant's compliance with licensing requirements and
facilities as described in § 1.14.2 of this Part.
B. Level II-X applicants
require an additional inspection, meeting the criteria in §
1.14.2 of this Part.
C. Issuance of permits may be
made by the Department, notwithstanding availability in the program,
sponsorship availability, level of expertise and upon:
1. Receipt of completed
application providing the information enumerated under § 1.10 of
this Part; and for Level II-X applicants, additionally, § 1.14
of this Part.
2. Submission of completed
rehabilitation log sheet(s) on forms provided with information
required, on or before January 7 following the expiration date of
past license, if applicable and;
3. Submission of proof of a
minimum of 12 hours of continuing education credits within three
years of permit issuance for Level I, Level II, and Level IIX permit
holders.
4. Payment of the twenty-five
dollar ($25) non-refundable permit fee, sub-permittees are exempt.
5. Pending verification of
information, permit may then be issued, indicating the level of
expertise, category(s) of wildlife species, and expiration date of
the permit.
1.12 Special Conditions
A. No person shall
rehabilitate, handle, release or transport any wildlife, except as
provided in §§ 1.12(B), (C), and (E) of this Part without
having first obtained the appropriate permit as designated in §
1.11 of this Part from the Department.
B. No person shall
rehabilitate, handle, release or transport any wildlife other than
the categories specifically set out in the permit, and in compliance
with the state list. Persons may transport non-rabies vector species
to rehabilitators, provided rehabilitator records name, address, and
telephone number of said person.
1. Exception: Rabies vector
species transport must conform to conditions in § 1.14.1 of this
Part.
C. No person shall
rehabilitate, handle, release or transport any species, as defined in
these regulations as "Exotics."
D. There is no permit required
for the rehabilitation, handling, release or transportation of the
following species: mice, shrews, voles, moles, house sparrow, Rock
Dove, and European Starling.
E. Veterinarians may provide
emergency first aid to any member of an endangered or threatened
species, without first obtaining a permit, provided that notification
is given to the Division within 48 hours as to the species, nature of
the injury/illness, location where the species was encountered,
description of the service provided, and last location where the
wildlife was seen. Such species shall be transferred to a licensed
rehabilitator within 48 hours, or as soon as medically stable, with
additional notice to the Division, to include notice after release,
and/or euthanasia. Permittees must further comply with federal
regulations. Licensed veterinarians may give emergency treatment
without obtaining a rehabilitation permit, to the remainder of the
non-rabies vector state listed species, providing that the species be
transferred to permitted facility within 48 hours. Notification must
be made to the Division within 48 hours of initial contact.
F. No person shall release any
non-vector species rehabilitated wildlife at a location other than
the point of origin, or in suitable habitat and season for that
species within the boundary of Rhode Island except that no mammal,
reptile, or amphibian shall be released onto any of the islands of
Narragansett Bay or Block Island unless the animal in question
originated from that location. Refer to § 1.14.3 of this Part
for release conditions of vector species.
G. All permittees and
sub-permittees must operate under all aspects of the current
standards and manual guidelines, as defined, and in accordance with
these regulations with regard to care and facilities or have a
working relationship with permittees with appropriate facilities.
Permittees must maintain initial physical evaluation form, to include
location of origin, name, address, and telephone number of
transporter in accordance with § 1.11(B) of this Part; and
disposition logged on each individual. Permittees must maintain a
current Sub-permittee Transfer log, on forms provided by DEM, to
track the species, date and location of wildlife to their
sub-permittees. Facilities and log sheets may be inspected at any
reasonable hour by the Department’s designee. Wildlife shall be
held no longer than necessary for the restoration of its health and
when wildlife is rehabilitated, after which it shall immediately be
released to the wild at its point of origin, or in suitable habitat
and as specified in § 1.11(F) of this Part. Such log sheets
shall contain, at a minimum, the information as shown in the IWRC
basic skills manual. Refer to § 1.9.9 of this Part for
additional documentation required for rabies vector species.
H. In addition to the
provisions in 50 C.F.R. §§ 17 and 21, certain diseases must
be reported to the DEM and the DOH. As a requirement of this permit,
you are required to notify the proper Department if you encounter or
suspect any of the following as listed in “Reportable Disease
in Rhode Island”.
I. Wildlife held under this
permit must be released as soon as possible and into a suitable
habitat for that species. All wildlife being treated shall be
released to the wild within forty-eight (48) hours of the subject
wildlife meeting the “Minimum Standards for Release of Wildlife
Following Rehabilitation” as described in Section 7.2 of
International Wildlife Rehabilitation Committee and National Wildlife
Rehabilitation Association as published in (2012) (incorporated above
at § 1.4 of this Part). All wildlife being treated shall be
released to the wild or euthanatized as soon as its condition can be
determined and not later than ninety (90) days of the commencement of
treatment. If it is determined by the Division that it is probable
that the wildlife being treated will not be able to be released to
the wild within ninety (90) days of the commencement of treatment,
the wildlife shall be euthanatized within twenty-four (24) hours of
the Division’s determination unless prior written Division
approval is received authorizing extended care of the wildlife. Refer
to § 1.14.3 of this Part for rabies vector species.
J. Wildlife held under this
permit shall not be owned, sold, offered for sale, purchased,
bartered, offered for barter, tamed, neutered, used for propagation
purposes or used to conduct commercial transactions of any nature.
K. Permittees may not
transport wildlife across State borders unless appropriate
notification is made to RI DEM Division of Fish and Wildlife or,
outside of normal business hours, the Division of Law Enforcement,
and in accordance with applicable Federal or State regulations
including but not limited to the Federal Lacey Act, 50 C.F.R. §
20.
L. Permittees may transfer
wildlife to other Rhode Island permitted rehabilitation facilities
with like permits to include categories of animals, i.e., small
birds, small mammals, raptors, but shall not delegate to any other
person the authority granted by this permit. The total duration of
rehabilitation shall be in compliance with § 1.12(I) of this
Part. For rabies vector species refer to § 1.14.3 of this Part.
M. The Department reserves the
right to repossess any animal held pursuant to these regulations at
any time.
N. Permittee must notify the
Department within 30 days prior to moving to another facility.
O. Permittees and
sub-permittees must possess at all times a current wildlife
rehabilitation identification card when in possession of wildlife
outside the facility and must display permit in a prominent location
at their facility.
P. Sub-permittees cannot
accept wildlife directly from the public, prescribe medication, or
perform euthanasia. Sub-permittees must report illness, changes in
condition, failure to thrive, escapes or death of wildlife in their
care to permittees within 24 hours by telephone and written on
designated log sheets, documenting both condition and reporting. In
case of illness or failure to thrive, permittee must additionally
return above wildlife to permittee or his/her level II designee
within 24 hours. All wildlife must be returned to the premises of the
permittee within seven (7) days following weaning for small mammals
and three (3) days for birds. All disposals of carcasses must be
provided in a manner consistent with State and municipal regulations.
Q. Any permittee may terminate
his/her relationship with any sub-permittee or apprentice at any
time. If a permittee elects to terminate said relationship, the
permittee shall notify both the Division and
sub-permittee/apprentice, in writing, in not more than five (5) days
following termination. Sub-permittees/apprentices must return any
animals in his/her care upon receipt of notice of termination.
R. All permits expire at the
end of the calendar year. Permits must be renewed and are only valid
after receipt of completed renewal application, and other conditions
as detailed in § 1.11 of this Part and/or § 1.14.2 of this
Part.
S. Permittees must agree, in
writing, to hold the State harmless for any damage, injury, or
disease caused by any wildlife held under the permit, to include
treatment for or prevention of such. Permittees assume all liability
associated with this permit.
1.13 Other Restrictions
A. Nothing in these
regulations shall be interpreted as permitting the unlicensed
practice of veterinary medicine to include but not be limited to: the
diagnosis, treatment or dispensing of pharmaceuticals in accordance
with the Department of Health's Veterinarians Rules and Regulations
( 216-RICR-40-05-14 ).
Medications must be labeled, stored and disposed of in accordance
with said Rules and Regulations. The State assumes no responsibility
for the cost of such care.
B. Nothing in these
regulations permits the use of regulated medical supplies including
but not limited to syringes and drugs without specific conformance
with the Department of Health's Hypodermic Needles, Syringes, and
Other Such Instruments Rules and Regulations ( 216-RICR-20-15-6 ).
1. Nothing in these
regulations permits the disposal of excess or unused needles unless
in accordance with the Department of Health's Hypodermic Needles,
Syringes, and Other Such Instruments Rules and Regulations ( §
216-RICR-20-15-6.3.3 ) and the Department's Medical Waste
Regulations ( Part
140-15-1 of this Title).
2. Disposal of sharps
generated by permittees or sub-permittees must conform with §
140-15-1.13 of this Title of the above-stated
regulations, providing for small generators at satellite facilities
to transport sharps from point of origin to a central collection
point. Generators must contact the R.I. DEM Office of Waste
Management with a letter of request for approval of satellite
facilities, providing names and addresses of off-site generators.
Permittees and sub-permittees are responsible to log the transport of
sharps from satellites on forms provided by DEM. Sharps must be
stored in approved containers and transferred to the central
collection point as requested by the central collection point when
the container is full or when permittee/sub-permittee ceases to be
licensed for wildlife rehabilitation.
C. Obtaining a permit pursuant
to these regulations does not preclude the permittees conformance
with such other Federal, State or local requirements for licensure
certification or permit which may be required.
D. Permittee may not demand a
fee or otherwise charge for services rendered under conditions of
this permit. Nothing precludes permittee from accepting a
donation(s).
1.14 Rabies Vector Species (RVS)
Special Conditions & Requirements
1.14.1 General Provisions
A. Only apparently healthy,
orphaned young of the year (less than 10-weeks of age) raccoons,
foxes, skunks, and woodchucks, and bats of any age are candidates for
rehabilitation and only if no human or animal exposure has occurred,
as determined by the Rhode Island Department of Health (DOH).
Apparently healthy animals shall be those animals that show no signs
of behavioral, neurological, or locomotive impairments. Young of the
year raccoons, foxes, skunks, woodchucks, and bats that have wounds
of unknown origin and adult raccoons, foxes, skunks, and woodchucks
shall not be candidates for rehabilitation and must be euthanized.
B. Level II-X permittees must
notify the DOH immediately upon admission of RVS and adhere to DOH
procedures as a condition of the permit. Level II-X rehabilitators
will be responsible for pick-up and transport of RVS and will provide
additional information on the person(s) finding the RVS. Level ll-X
permittees may make arrangements with Level TX permittees only. This
permit does not authorize the care of RVS to transport permittees.
DEM or DOH personnel will not provide transport of RVS to Level II-X
permittees. Transfer of RVS from Level II-X to Level II-X, only will
be permitted, providing immediate notification to DOH of the name and
address of new location.
1.14.2 Facilities
Requirements
A. Level II-X permit holders
must provide facilities, as a condition of licensure, that meet or
exceed the following requirements:
1. Caging, holding, and
treatment areas for RVS may be located inside a building or outside
provided that the RVS caging is separate from other non-RVS wildlife
rehabilitation cages. Rehabilitation of RVS must not take place in
areas used for human food preparation or in other living quarters in
general use by human occupants.
2. RVS caging must be
constructed of sturdy materials and designed in such a manner to
ensure that:
a. All cages must consist of
double caging (e.g., a cage in a secure room or building, double
wire, cage inside a cage with double doors locked from both sides to
prevent RVS escapes).
b. the RVS cannot come into
contact with any other domestic or wild animal including preventing
access by climbing or digging animals and preventing animal-to-animal
contact between separate cages;
c. the RVS cannot come into
contact with any person outside the cage especially unauthorized
persons;
d. there is a means to observe
the location of the RVS inside the cage prior to entering the cage;
e. the cages are secured from
unintentional opening by animals or by unauthorized people;
f. an aggressive
rabies-suspect animal can be safely removed using the appropriate
handling equipment and techniques.
g. size and specific species
requirements must conform to specifications in the "Minimum
Standards for Wildlife Rehabilitation" (2012), incorporated
above at § 1.4(D) of this Part.
3. RVS cages must be
constructed of materials that are effectively cleaned and treated to
prevent the spread of rabies. All outside RVS cages must be dedicated
only for RVS.
4. The RVS cages must be
located in areas where there is no access by the public, especially
children. Canvas or plastic tarps must be used to limit access and
reduce habituation.
5. The outside of the RVS
cages must be prominently marked with readable signs, provided by the
wildlife rehabilitator, that contain the words: "WARNING:
WILDLIFE RABIES ISOLATION AREA: KEEP AWAY."
6. An inspection sheet will be
used to evaluate the facilities and activities of the RVS
rehabilitator. The facility must meet or exceed these requirements as
a condition of the permit.
B. Facilities must be
inspected by a Division designee with a form provided by the
Division, prior to license issuance.
1. Facilities must
additionally meet the criteria for specific species as specified in
the "Minimum Standards for Wildlife Rehabilitation" (2012),
incorporated above at § 1.4(D) of this Part.
2. Immediately upon receipt by
the licensee, each individual RVS must be identified with an external
marker or held in such a manner that permits positive identification
of the specific animal until that animal is released.
1.14.3 Release
A. Any RVS accepted as a
candidate for rehabilitation must be released as soon as they are
able to survive in the wild, and no later than September 30.
Following "Minimum Standards for Wildlife Rehabilitation"
(2012), incorporated above at § 1.4(D) of this Part, a soft
release, no longer than two weeks, will be permitted in a natural
setting with natural foods.
B. RVS cannot be released on
State or federally owned land. Written permission from private
landowner must be obtained prior to release and become part of the
individual RVS record.
C. When rehabilitating RVS, a
wildlife rehabilitator must take extra care to:
1. avoid "imprinting"
or "habituating" and to avoid having the wild animal lose
its fear of humans;
2. ensure that all releases
are made in an area and at a time of day that will minimize the
potential of encountering people;
3. ensure that written
permission is granted from the private landowner before releasing any
RVS.
D. Any unusual or abnormal
behavior by a 'released' RVS will cause that animal to be perceived
as "rabid" when encountered by the public. Only healthy,
normal-acting RVS may be released and these must be released in
suitable habitat at a discreet location.
1.14.4 Euthanasia
A. The DOH must be notified
immediately if RVS dies. Any cage mates of a rabies positive RVS must
also be euthanized. RVS that cannot be released must be euthanized
following criteria outlined in the "AVMA Guidelines for the
Euthanasia of Animals" (2013 Edition), incorporated above at §
1.4(D) of this Part.
1. Level II-X permittees are
required to take any RVS showing any abnormal behavioral,
neurological, or locomotive signs to the designated Level II-V on
their application for examination as soon as possible.
B. Veterinarians with Level
II-V permits will be permitted to euthanize RVS under criteria
established by DOH, as outlined in §§ 1.14.1(A) and
1.14.3(B) of this Part.
C. Level II-X permit holders
assume all liability in association with this activity.
D. Wildlife rehabilitators
have the authority to euthanize wildlife possessed under their
Wildlife Rehabilitator License, according "AVMA Guidelines for
the Euthanasia of Animals" (2013 Edition), incorporated above at
§ 1.4(D) of this Part. This authority does not include the
possession or administration of needles or controlled substances
except as permitted under the authority of a licensed veterinarian.
E. Wildlife rehabilitators
must clearly coordinate procedures for euthanasia with their
cooperating veterinarian before they handle any RVS.