S3366

An Act concerning certain animals suspected of being rabid, amending R.S.26:4-86 and R.S.26:4-94, and supplementing Title 26 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. No rabies testing shall be performed on a dead domestic companion animal until the health official requiring, or the veterinarian performing, the rabies testing, and the owner of the animal have complied with the requirements of subsections b. through d. of this section.

b. Whenever it is necessary to test a dead domestic companion animal for rabies, prior to commencing any testing procedure, the health official requiring, or the veterinarian performing, the rabies testing, as applicable, shall notify at the first opportunity the owner of the animal, if known, verbally and in writing, of:

(1) the necessity of the rabies testing and the reasons therefor;

(2) the rabies testing protocol to be followed;

(3) the protocol to be followed with regard to the handling of the animal’s body;

(4) the protocol to be followed with regard to the disposal of the animal’s body or its return to the owner; and

(5) the possibility of decapitation of the animal and, if decapitated, the possible loss of the animal’s head after completion of the rabies testing.

To the greatest extent possible, the protocols followed pursuant to paragraphs (2) through (4) of this subsection shall provide that, if an animal’s head is decapitated, the head is returned to the owner with the rest of the animal’s body if the head does not test positive for rabies.

c. Whenever the owner of the domestic companion animal is upset about the possible decapitation of the animal, the health official requiring, or the veterinarian performing, the rabies testing shall offer the owner the option to have only the brain removed for testing, unless there is a medical necessity for the animal’s entire head to be taken. If the owner chooses to have only the brain removed, only the brain shall be removed for the rabies testing, and the remainder of the animal’s body shall be maintained intact. If it is medically necessary to take the entire head, the health official or veterinarian, as applicable, shall immediately notify the owner of this necessity and provide the owner with the notice and the reason for the medical necessity in writing.

d. Upon receiving the notification required in subsection b. of this section, the information required, and if applicable, any notification that may be required, pursuant to subsection c. of this section, the owner of the animal shall immediately provide, in writing, in the manner prescribed by the department pursuant to subsection f. of this section:

(1) release of the animal to the health official or veterinarian, as applicable, for the rabies testing, in accordance with the protocols to be followed pursuant to subsection b. of this section;

(2) authorization to take only the animal’s brain or the entire head of the animal as requested or required, as applicable, pursuant to subsections b. and c. of this section; and

(3) the owner’s consent to the protocols and procedures to be followed pursuant to this section.

e. The owner of the domestic companion animal may be required to pay a reasonable additional cost for rabies testing of only the brain.

f. The Department of Health shall develop and provide on its website forms for use in providing the notifications required pursuant to subsections b. and c. of this section, and the release, authorization, and consent required pursuant to subsection d. of this section.

g. This section shall not apply to rabies testing required pursuant to section 10 of P.L.1989, c.307 (C.4:19-26) or to the handling of an impounded animal that is suspected of being rabid pursuant to section 16 of P.L.1941, c.151 (C.4:19-15.16).

h. Nothing in this section shall be construed to interfere with the powers of any municipality to control rabies consistent with R.S.26:4-95.

i. As used in this section, “domestic companion animal" means any animal commonly referred to as a pet that was bought, bred, raised, or otherwise acquired, in accordance with local ordinances and State and federal law, for the primary purpose of providing companionship to the owner, rather than for business or agricultural purposes.

2. R.S.26:4-86 is amended to read as follows:

26:4-86. The local board or the duly authorized agent of [such ] the board, within its jurisdiction, shall be permitted by the owner or person in charge of a dog, cat or other animal which has attacked or bitten a person, to examine the animal at any time, and daily if desired, within a period of [ten] 10 days after the animal has attacked or bitten a person, to determine whether the animal shows symptoms of rabies.

If the animal dies within the [ten] 10-day confinement period or if the owner or person in charge of the animal [elects to destroy] chooses to euthanize the animal at any time during the confinement period, the local board may order a laboratory examination for rabies to be performed on the dead animal, in compliance with section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

[No] Except as provided for in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), no person shall refuse, obstruct, or interfere with the local board in making any examination authorized pursuant to this section.

(cf: P.L.1989, c.297, s.1)

3. R.S.26:4-94 is amended to read as follows:

26:4-94. Any person who violates any of the provisions of this article, or any notice served thereunder, shall be liable to a penalty of [five dollars ($5.00)] $50 for the first offense, and not less than [five dollars ($5.00)] $50 nor more than [fifty dollars ($50.00)] $250 for each subsequent offense, to be recovered in a civil action brought by and in the name of the [State] Department of Health or a local board. Penalties hereunder shall be enforced and collected pursuant to [sections] R.S.26:3-72, R.S.26:3-77 and R.S.26:3-78 [of the Revised Statutes].

(cf: P.L.2014, c.69, s.5)

4. This act shall take effect immediately.

STATEMENT

This bill prohibits any rabies testing from being performed on a dead domestic companion animal until the health official requiring, or the veterinarian performing, the rabies testing, and the owner of the animal have complied with the requirements set forth in the bill.

The bill requires any health official requiring, or the veterinarian performing, rabies testing, as applicable, to notify at the first opportunity the owner of the animal, if known, verbally and in writing, of:

(1) the necessity of the rabies testing and the reasons therefor;

(2) the rabies testing protocol to be followed;

(3) the protocol to be followed with regard to the handling of the animal’s body;

(4) the protocol to be followed with regard to the disposal of the animal’s body or its return to the owner; and

(5) the possibility of decapitation of the animal and, if decapitated, the possible loss of the animal’s head after completion of the rabies testing.

The bill also requires, if the owner is upset about the decapitation of the animal, the health official requiring, or the veterinarian performing, the rabies testing to offer the owner the option to have only the brain removed, unless there is a medical necessity for the animal’s entire head to be taken.

All notifications under the bill are required to be provided in writing and the bill requires the animal’s owner to immediately provide in writing the release, authorization, and consent required pursuant to the bill. The bill allows for the owner to be charged a reasonable additional cost for rabies testing of only the brain.

Finally, the bill provides that the requirements established in the bill do not apply to vicious dogs or impounded animals suspected of being rabid.