S3366 —

S3366 SEN Statement 12/9/19 SENATE ENVIRONMENT AND ENERGY COMMITTEE   STATEMENT TO   SENATE, No.

3366  STATE OF NEW JERSEY 218th LEGISLATURE   INTRODUCEDDATED: JANUARY 24, 2019     Sponsored by:

Senator  DECEMBER BRIAN9, P.2019         The Senate Environment and Energy Committee favorably reports Senate Bill No.

STACK3366.  District      33This (Hudson)bill  would Co-Sponsoredprohibit by: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.

Senator      AndrzejczakThe  bill  requires  any  health SYNOPSISofficial     requiring, Requiresor ownerthe notificationveterinarian ofperforming, rabies testing protocolon anda ownerdomestic optionscompanion prioranimal to testingnotify the owner of owner’sthe animalanimal, forif rabies.known, verbally and in writing, of:

       CURRENT(1)  VERSIONthe OFnecessity TEXTof     the Asrabies introduced.testing and the reasons therefor;

        An(2)  Actthe concerningrabies certaintesting animalsprotocol suspectedto ofbe beingfollowed; rabid, amending R.S.26:4-86 and R.S.26:4-94, and supplementing Title 26 of the Revised Statutes.

           (3)  Bethe Itprotocol Enactedto bybe thefollowed Senatewith andregard Generalto Assembly of the Statehandling of Newthe Jersey:animal’s body;

           (4)  1.   the (Newprotocol section)to a.  No rabies testing shall be performedfollowed onwith aregard deadto domesticthe companiondisposal animalof until the healthanimal’s officialbody requiring, or theits veterinarianreturn performing,to the rabiesowner; testing, and the owner of the animal have complied with the requirements of subsections b.

throughand d.      (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.

      Under the bill, if the owner is upset about the decapitation of thisthe section.animal, the health official requiring, or the veterinarian performing, the rabies testing must 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.

          b.   All Whenevernotifications itunder isthe necessarybill toare testrequired a dead domestic companion animal for rabies, prior to commencingbe anyprovided testingin procedure,writing theand health official requiring, or the veterinarianbill performing,requires the rabiesanimal’s testing,owner asto applicable,immediately shallprovide notifyin atwriting the firstrelease, opportunityauthorization, theand ownerconsent ofrequired thepursuant animal,to ifthe known,bill. verbally and in writing, of:

    The (1)bill allows the necessityowner ofto thebe charged a reasonable additional cost for rabies testing andof only the reasonsbrain. therefor;

          (2)Finally, the rabiesbill testingprovides protocolthat the requirements established in the bill do not apply to bevicious followed;dogs or impounded animals suspected of being rabid. 

     (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: