File #: BOH15-02    Version: 1
Type: R&R Status: Passed
File created: In control: Board of Health
On agenda: Final action: 3/19/2015
Enactment date: Enactment #: BOH15-02
Title: A RULE AND REGULATION for the protection of the public health against the spread of rabies; amending R&R 04-01, Section 2 (part), as amended, and BOH 8.04.003, R&R 04-01, Section 2 (part), as amended, and BOH 8.04.005, R&R 30, Section 1, as amended, and BOH 8.04.010, and R&R 30, Section 4, as amended, and BOH 8.04.040; enacted pursuant to RCW 70.05.060, including the latest amendments or revisions thereto.
Indexes: Boards, Health
Attachments: 1. R&R 15-02.pdf, 2. BOH15-02 Rabies Code Amendments - Notice.doc, 3. BOH staff report amendments to rabies regulations 03-19-2015 FINAL sent.doc, 4. BOH Presentation Amendments to Title 8 Rabies 03-19-2015 FINAL sent.pptx, 5. BOH15-02 Affidavit of Pub - 3-4-15 Seattle Times.pdf
Drafter
Clerk 02/27/2015
Title
A RULE AND REGULATION for the protection of the public health against the spread of rabies; amending R&R 04-01, Section 2 (part), as amended, and BOH 8.04.003, R&R 04-01, Section 2 (part), as amended, and BOH 8.04.005, R&R 30, Section 1, as amended, and BOH 8.04.010, and R&R 30, Section 4, as amended, and BOH 8.04.040; enacted pursuant to RCW 70.05.060, including the latest amendments or revisions thereto.
Body
      BE IT ADOPTED BY THE KING COUNTY BOARD OF HEALTH:
      SECTION 1.  R&R 04-01, Section 2 (part), as amended, and BOH 8.04.003 are each hereby amended to read as follows:
      Definitions.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:
      A.  "Animal control authority" means the county or municipal animal control agency, acting alone or in concert with other municipalities, having authority for the enforcement of the animal control laws, ordinances or regulations of the state, county or municipality, and the shelter and welfare of animals.
      B.  "Caretaker" means the owner or any person authorized by the owner to provide daily management of an animal, including but not limited to maintaining the animal in a controlled or confined manner in accordance with applicable statutes and regulations, and providing the animal with food, water, shelter, sanitary services and health care as required.
      C.  "Cat" means an animal of the ((genus)) species Felis domesticus, and excludes felid hybrid animals.
      D.  "Dog" means an animal of the ((genus)) species Canis familiaris and excludes ((wolf-dog)) canid hybrid animals.
      E.  "Euthanize" means to humanely destroy an animal by a method that involves instantaneous unconsciousness and immediate death or by a method that causes painless loss of consciousness and death during the loss of consciousness.
      F.  "Exposed to a suspected or confirmed rabid animal" or "suspected rabies exposure" includes probable or suspected contact with saliva through a bite, through an open cut in skin or onto mucous membranes.
      G.  "Ferret" means an animal of the ((genus)) species Mustela furo.
      ((G.)) H.  "Livestock" means farm animals, excluding birds, raised for food or fiber production or kept for recreational purposes, including but not limited to horses, donkeys, mules, cattle, sheep, llamas, alpacas, goats((,)) and pigs.
      ((H.)) I.  "Mammal" means any of a class of warm-blooded vertebrate animals that nourish their young with milk secreted by mammary glands((,)) and have skin generally covered with hair, and includes bats.
      ((I.)) J.  "Owner" means any person ((having legal ownership)) responsible for the care and actions of an animal.
      K.  "Terrestrial rabies" means rabies occurring in mammals that primarily live on the ground, such as raccoons, skunks, bobcats, foxes or coyotes.
      SECTION 2.  R&R 04-01, Section 2 (part), as amended, and BOH 8.04.005 are each hereby amended to read as follows:
      Rabies vaccination required.  ((All owners of dogs, cats and ferrets four months of age or older shall have their animals vaccinated against rabies.  Regardless of the age of the animal at initial vaccination, a booster vaccination shall be administered one year later and thereafter))
      A.  An owner of a dog, cat or ferret shall have the animal vaccinated against rabies by four months of age, and revaccinated on a schedule according to the type of vaccine used, as determined by a licensed veterinarian and vaccine manufacturer instructions.
      B.  ((All owners)) An owner of livestock having frequent contact with humans other than ((their owners and caretakers)) its owner and caretaker, including, but not limited to, an animal((s)) exhibited to the public at a petting zoo((s)), fair((s,)) or other location((s)) or event((s)), shall have ((such)) the livestock evaluated by a licensed veterinarian and vaccinated against rabies if the veterinarian recommends ((such)) the vaccination.
      C.  All rabies vaccinations shall be performed by or under the direct supervision of a licensed veterinarian in accordance with the standards contained in the Compendium of Animal Rabies Prevention and Control, ((as amended)) 2011, published by the National Association of State Public Health Veterinarians, Inc.
      SECTION 3.  R&R 30, Section 1, as amended, and BOH 8.04.010 are each hereby amended to read as follows:
      Management of animals that ((bite)) potentially expose humans to rabies.
      A.  ((Reporting of Animal Bites. Whenever))  In accordance with chapter 246-101 WAC, whenever an animal infected or suspected of being infected with rabies has bitten a human, the ((incident)) suspected rabies exposure shall be reported immediately to the director by any health care provider((, medical)), health care facility((, school, childcare facility or other persons or entities having direct knowledge of the incident)) or licensed veterinarian.  ((Incidents)) Suspected rabies exposures other than bites shall be immediately reported by the same persons to the director when there is concern about the potential for rabies transmission to a human.  ((Such incidents)) Those exposures include, but are not limited to, exposure to a bat or exposure of mucous membranes or an open cut in the skin to the saliva of an animal capable of transmitting rabies if there is reasonable cause to suspect the animal may be ((infected with rabies)) rabid.  ((Reasonable cause to suspect rabies infection includes, but is not necessarily limited to, abnormal behavior, neurologic signs, or insufficient knowledge of the history or medical condition of the animal)) For the purposes of this section, an animal suspected of being rabid includes any bat unavailable for rabies testing, any wild, mammalian carnivore exhibiting clinical or behavioral signs suggestive of rabies that is unavailable for rabies testing or any wild, mammalian carnivore from a geographic area with terrestrial rabies.
      B.  Whenever the director has knowledge of or reasonable certainty that a dog, cat or ferret has bitten a human or otherwise exposed mucous membranes or an open cut in the skin to the animal's saliva, ((he or she is authorized)) the director may order that the animal be confined for ((a period of not less than)) at least ten ((10)) days from the date of the bite or other exposure.  ((If the animal is over four (4) months of age and unvaccinated for rabies, the director is authorized to order that the confinement be at the city or county animal control authority in its animal shelter or, upon request and at the expense of the owner, at a veterinary hospital. If the animal is under four (4) months of age or currently vaccinated, at the discretion of the director, confinement may be at the home of the animal's owner or caretaker.))  The ((owner or)) caretaker having possession of the confined animal shall observe the animal daily during the confinement period and report any illness or abnormal behavior immediately to the director, who ((shall have the authority to)) may order the animal be examined by a licensed veterinarian.  If the veterinarian determines signs suggestive of rabies are present, the director may order the ((owner or)) caretaker to have the animal euthanized immediately and tested for rabies.  If the ((biting)) dog, cat or ferret is unwanted or a stray or is severely injured or medically unstable as determined by a licensed veterinarian, the director may order the animal to be euthanized immediately and tested for rabies virus.
      C.  The director ((is authorized to)) may notify in writing the ((owner or)) caretaker of an animal that the animal is subject to a confinement order.  Delivery of a copy of the confinement order to some person of suitable age and discretion residing upon the premises where ((such)) the animal is found ((shall be)) constitutes sufficient notice of the confinement.  The director ((is authorized to)) may notify the city or county animal control authority and ((other)) police officers of the jurisdiction of the confinement order, and to request their assistance to enforce ((such)) the order.
      D.  ((Other Animals.))  Whenever the director has knowledge of or reasonable certainty that a mammal other than a dog, cat or ferret has bitten a human or otherwise exposed mucous membranes or an open cut in the skin to the animal's saliva, the director ((is authorized to)) may assess the risk for rabies transmission and may order that the animal be euthanized immediately and tested for rabies virus.
      E.  ((According to the provisions of this chapter, unless)) Unless otherwise ordered by the director, confinement shall consist of housing the animal at the facilities of the animal control authority or a licensed veterinarian, or restriction of the animal to the premises of the ((owner or)) caretaker of the animal in a secure manner so as to prevent escape and with no direct contact with other animals or humans other than the animal's ((direct)) caretaker.
      F.  When an animal is to be euthanized and tested for rabies virus, euthanasia shall be accomplished in such a way as to maintain the integrity of the brain so that the laboratory can recognize the anatomical parts, and the whole animal or animal head kept under refrigeration and not ((frozen or)) chemically fixed during storage and shipping.
      SECTION 4.  R&R 30, Section 4, as amended, and BOH 8.04.040 are each hereby amended to read as follows:
      Management of animals exposed to suspected or confirmed ((rabies-infected)) rabid animals.
      A.  Any mammal ((having direct contact with an animal found to be rabid by appropriate laboratory tests, or having suspected exposure to rabies virus from a wild, carnivorous mammal or bat unavailable for testing, shall be regarded as having been exposed to rabies and shall be subject to the requirements of this section, as applicable)) exposed to a suspected or confirmed rabid animal is subject to the requirements of this section, as applicable.  For the purposes of this section, an animal suspected of being rabid includes any bat unavailable for rabies testing, any wild, mammalian carnivore exhibiting clinical or behavioral signs suggestive of rabies that is unavailable for rabies testing or any wild, mammalian carnivore from a geographic area with terrestrial rabies.  ((For purposes of this chapter, suspected exposure to rabies shall include probable or suspected contact with saliva of a wild, carnivorous mammal or bat through a bite wound, open cut in skin, or onto mucous membranes.))
      ((A.  Unvaccinated Dogs, Cats, and Ferrets.)) B.  The director ((is authorized to)) may order that any unvaccinated dog, cat((,)) or ferret exposed to a suspected or ((known)) confirmed rabid animal be euthanized immediately or placed in ((strict)) isolation, at the option of the owner of the animal.  If isolation is chosen, the owner of the exposed animal shall have the animal placed ((in strict isolation with no direct animal or human contact,)) at a location and under conditions approved by the director, for not less than one hundred eighty (((180))) days from the date of rabies exposure as determined by the director, and vaccinated with rabies vaccine ((thirty (30) days before the end of the isolation period)) either upon entry into isolation or up to twenty-eight days before release.  At the end of the isolation period, the director ((is authorized to)) may require the owner of the animal ((shall)) to have the animal evaluated by a licensed veterinarian for signs of rabies((,)) and ((shall)) to submit to the director a written report prepared by ((such)) the veterinarian as to the animal's health status.  Any person observing signs suggestive of rabies during or at the end of the isolation period shall report or have a licensed veterinarian report ((such)) the signs immediately to the director, who ((shall have authority to)) may order that ((such)) the animal be euthanized and tested for rabies virus.  For the purposes of this subsection, "isolation" means confinement in an enclosure that precludes direct contact with people and other animals.
      ((B.  Vaccinated Dogs, Cats, and Ferrets.)) C.  The director ((is authorized to)) may order the ((owner or)) caretaker of any currently vaccinated dog, cat or ferret exposed to a suspected or ((known)) confirmed rabid animal to have the dog, cat or ferret revaccinated immediately with rabies vaccine, and kept ((securely)) confined for forty-five (((45))) days for observation.  Any person observing signs suggestive of rabies during or at the end of the confinement period shall report or have a licensed veterinarian report such signs immediately to the director, who ((shall have authority to)) may order that such animal be euthanized and tested for rabies virus.  The director ((is authorized to)) may determine the management of dogs, cats and ferrets with expired rabies vaccinations on a case-by-case basis.
      ((C.  Livestock.))  D.  The director ((is authorized to)) may order the ((owner or)) caretaker of any unvaccinated livestock that has been exposed to a suspected or ((known)) confirmed rabid animal to have such livestock immediately ((slaughtered)) euthanized or kept under ((close)) confinement and observation for not less than one hundred eighty (((180))) days from the date of rabies exposure as determined by the director, at the option of the owner of the livestock.  The ((owner or)) caretaker of livestock that has been exposed to a suspected or ((known)) confirmed rabid animal and currently vaccinated with a vaccine approved by the United States Department of Agriculture for that species shall have ((such)) the livestock revaccinated against rabies immediately and ((kept under close observation)) observed for not less than forty-five (((45))) days.
      ((D.  Other Animals.))  E.  The director ((is authorized to)) may order that mammals, other than dogs, cats, ferrets((,)) and livestock, exposed to a suspected or ((known)) confirmed rabid animal be euthanized immediately((, except that the director is authorized to determine, on a case-by-case basis, the management of such animals maintained in research facilities registered or licensed by the United States Department of Agriculture, or in accredited zoological parks)).
      SECTION 5.  Severability.  If any provision of this rule or its application to any
person or circumstance is held invalid, the remainder of the rule or the application of the provision to other persons or circumstances is not affected.