ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, Nos. 2365 and 2371

STATE OF NEW JERSEY

ADOPTED FEBRUARY 3, 1997

Sponsored by Assemblymen GEIST, ROCCO, ROBERTS and Assemblywoman CRUZ-PEREZ

An Act concerning the training of veterinary technicians, amending various sections of statutory law and supplementing Title 45 of the Revised Statutes.

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

      1. (New section) Notwithstanding the provisions of any other law, or rule or regulation adopted pursuant thereto, to the contrary, a veterinary technician shall be considered properly trained for the purposes of R.S.45:16-8.1, or for any other purposes affecting the practice of an individual as a veterinary technician in the State, if the clinical and hospital procedures required for graduation from the veterinary technician program were completed at an animal shelter, clinic or hospital. No institution of higher education or course of study within an institution of higher education shall deny credit towards graduation as a properly trained veterinary technician for clinical and hospital procedures completed at an animal shelter, provided the shelter has a full service veterinary hospital.

      2. Section 16 of P.L.1941, c. 151 (C:4:19-15.16) is amended to read as follows:

      16. Any person appointed for the purpose by the governing body of the municipality shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroyed or offered for adoption as provided in this section:

      (a) Any dog off the premises of the owner or of the person keeping or harboring said dog which said official or his agent or agents have reason to believe is a stray dog;

      (b) Any dog off the premises of the owner or of the person keeping or harboring said dog without a current registration tag on his collar;

      (c) Any female dog in season off the premises of the owner or of the person keeping or harboring said dog;

      (d) Any dog or other animal which is suspected to be rabid;

      (e) Any dog or other animal off the premises of the owner reported to, or observed by, a certified animal control officer to be ill, injured or creating a threat to public health, safety or welfare, or otherwise interfering with the enjoyment of property.

      If any animal so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or the owner or the person keeping or harboring said animal is known, any person authorized by the governing body shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring said animal, if known, a notice in writing stating that the animal has been seized and will be liable to be offered for adoption or destroyed if not claimed within seven days after the service of the notice.

      A notice under this section may be served either by delivering it to the person on whom it is to be served, or by leaving it at the person's usual or last known place of abode, or at the address given on the collar, or by forwarding it by post in a prepaid letter addressed to that person at his usual or last known place of abode, or to the address given on the collar.

      Any person authorized by the governing body may cause an animal to be destroyed in a manner causing as little pain as possible and consistent with the provisions of R.S. 4:22-19 or offered for adoption seven days after seizure; provided that:

      (1) Notice is given as set forth above and the animal remains unclaimed; or,

      (2) The owner or person keeping or harboring the animal has not claimed the animal and paid all expenses incurred by reason of its detention, including maintenance costs not exceeding $4.00 per day; or,

      (3) The owner or person keeping or harboring a dog which was unlicensed at the time of seizure does not produce a license and registration tag for the dog.

      At the time of adoption, the right of ownership in the animal shall transfer to the new owner. No dog or other animal so caught and detained or procured, obtained, sent or brought to a pound or shelter shall be sold or otherwise made available for the purpose of experimentation. For the purposes of this section, "experimentation" does not include the assistance in clinical or hospital procedures by a student enrolled in an accredited veterinary technician education program in an institution of higher education , if the clinical or hospital procedures are performed under the supervision of a licensed veterinarian , and the clinical or hospital procedures have been authorized by a licensed veterinarian as necessary for the good health of the animal. Any person who sells or otherwise makes available any such dog or other animal for the purpose of experimentation shall be guilty of a disorderly persons offense.

      Notwithstanding the provisions of any other law, or rule or regulation adopted pursuant thereto, to the contrary, animals impounded and held at a shelter or pound may be used for teaching purposes, provided that the treatment or clinical or hospital procedures being performed that serve as a learning or training experience have been authorized by a licensed veterinarian as necessary for the good health of the animal and are performed under the supervision of a licensed veterinarian.

      After observation, any animal seized under this section suspected of being rabid shall be immediately reported to the executive officer of the local board of health and to the Department of Health.

(cf: P.L.1987, c.376, s.1.)

      3. Section 5 of P.L.1983, c.172 (C.4:19A-4) is amended to read as follows:

      5. a. Any licensed veterinarian of this State may participate in the program upon filing with the commissioner an application therefor, on forms prescribed by the commissioner, which application shall supply, in addition to any other information requested by the commissioner, an animal sterilization fee schedule listing the fees charged for animal sterilization in the normal course of business. These fees may vary with the animal's weight, sex and species. The commissioner may, however, disqualify from participation in the program any veterinarian whose fees are deemed unreasonable. Sterilizations performed at animal shelters may be performed by a licensed veterinarian assisted by a student enrolled in an accredited veterinary technician education program at an institution of higher education.

      b. The commissioner shall, to the extent that moneys are available therefor from the "Animal Population Control Fund," reimburse participating veterinarians for 80% of the fee for each animal sterilization procedure administered, upon the submission of an animal sterilization certificate, prescribed by the commissioner, signed by the veterinarian and the owner of the animal, for each sterilization procedure.

      c. The commissioner shall reimburse from the fund any licensed veterinarian of this State participating in the program for the presurgical immunization of dogs against distemper, hepatitis, leptospirosis, and parvovirus, or the presurgical immunization of cats against feline panleukopenia, calici, pneumonitis and rhinotracheitis, as the case may be, which immunization shall be administered at least 10 days prior to reproductive surgery, on animals not previously immunized. The reimbursement shall be for no more than $10.00 upon the written certification, signed by the veterinarian and the owner of the animal, that the immunization has been administered.

(cf: P.L.1983, c.172, s.5.)

      4. This act shall take effect immediately .

Authorizes training for veterinary technicians at animal shelters and permits the use of animals in shelters for teaching purposes.