Senate Bill sb0898
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Florida Senate - 2005 SB 898
By Senator Rich
34-632-05
1 A bill to be entitled
2 An act relating to rabies prevention and
3 control; amending s. 828.30, F.S.; requiring a
4 veterinarian to vaccinate certain animals with
5 a vaccine that is licensed by the United States
6 Department of Agriculture; establishing
7 revaccination requirements; prohibiting using
8 evidence of rabies antibodies in lieu of
9 revaccination; revising the requirements for
10 certificates of rabies vaccinations; requiring
11 the use of a certain form for certifying a
12 vaccination; prohibiting a local government
13 from requiring revaccination of currently
14 vaccinated animals, except for postexposure
15 treatment; providing legislative findings;
16 providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Section 828.30, Florida Statutes, is
21 amended to read:
22 828.30 Rabies vaccination of dogs, cats, and
23 ferrets.--
24 (1) All dogs, cats, and ferrets 4 months of age or
25 older must be vaccinated by a licensed veterinarian against
26 rabies with a vaccine that is licensed by the United States
27 Department of Agriculture for use in those species.
28 Government-approved vaccine The owner of each dog, cat, and
29 ferret shall have the animal vaccinated 12 months after the
30 initial vaccination. Thereafter, the interval between
31 vaccinations must conform to the vaccine manufacturer's
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Florida Senate - 2005 SB 898
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1 directions. The cost of vaccination must be borne by the
2 animal's owner. Evidence of circulating
3 rabies-virus-neutralizing antibodies may not be used as a
4 substitute for current vaccination in managing rabies exposure
5 or determining the need for booster vaccinations.
6 (2) A dog, cat, or ferret is exempt from vaccination
7 against rabies if a licensed veterinarian has examined the
8 animal and has certified in writing that at the time
9 vaccination would endanger the animal's health because of its
10 age, infirmity, disability, illness, or other medical
11 considerations. An exempt animal must be vaccinated against
12 rabies as soon as its health permits.
13 (3) Upon vaccination against rabies, the licensed
14 veterinarian shall provide the animal's owner and the animal
15 control authority with a rabies vaccination certificate. Each
16 agency and veterinarian shall use Form 51, "Rabies Vaccination
17 Certificate," of the National Association of State Public
18 Health Veterinarians or an equivalent form approved by the
19 local government which contains all the information required
20 by NASPHV Form 51. The certificate which must contain at least
21 the following information:
22 (a) the license number of the administering
23 veterinarian.
24 (b) The name, address, and phone number of the
25 veterinarian and owner
26 (c) The date of vaccination
27 (d) The expiration date of the vaccination.
28 (e) The species, age, sex, color, breed, weight, and
29 name of the animal vaccinated.
30 (f) The rabies vaccine manufacturer.
31 (g) The vaccine lot number and expiration date.
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Florida Senate - 2005 SB 898
34-632-05
1 (h) The type and brand of vaccine used.
2 (i) The route of administration of the vaccine.
3 (j) The signature or signature stamp of the licensed
4 veterinarian.
5 (4) Beginning March 1, 1999, each ferret vaccinated
6 according to this section must be quarantined, when necessary,
7 according to rules of the Department of Health.
8 (5) An animal owner's name, street address, phone
9 number, and animal tag number contained in a rabies
10 vaccination certificate provided to the animal control
11 authority is exempt from s. 119.07(1) and s. 24(a), Art. I of
12 the State Constitution. However, any person who has been
13 bitten, scratched, or otherwise exposed to a zoonotic disease
14 or the physician of such person; a veterinarian who is
15 treating an animal that has been bitten, scratched, or
16 otherwise exposed to a zoonotic disease; or the owner of an
17 animal that has been bitten, scratched, or otherwise exposed
18 to a zoonotic disease shall be provided with any information
19 contained in a rabies vaccination certificate but only with
20 respect to the particular animal biting, scratching, or
21 otherwise causing exposure. Any person with an animal tag
22 number may receive vaccination certificate information with
23 regard to that animal. Law enforcement and prosecutorial
24 agencies; other animal control authorities; emergency and
25 medical response and disease control agencies; or other
26 governmental health agencies shall be provided information
27 contained in the rabies vaccination certificate for the
28 purpose of controlling the transmission of rabies; however,
29 the receiving agencies and authorities must not release the
30 exempt information.
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Florida Senate - 2005 SB 898
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1 (6) Violation of this section is a civil infraction,
2 punishable as provided in s. 828.27(2).
3 (7) This section does not prohibit or limit
4 municipalities or counties from enacting requirements similar
5 to or more stringent than the provisions of this section for
6 the implementation and enforcement of rabies-control
7 ordinances. However, a local government may not establish
8 requirements that would mandate revaccination of currently
9 vaccinated animals, except for instances involving the
10 postexposure treatment of rabies.
11 Section 2. The Legislature finds that it is necessary
12 to require that dogs, cats, and ferrets be vaccinated against
13 rabies in order to protect the public from this deadly
14 disease. The Legislature also finds that the present law does
15 not clearly specify requirements to revaccinate these animals,
16 which has led to unnecessary revaccination of currently
17 vaccinated animals in local jurisdictions that enact
18 requirements that are more stringent. The Legislature finds
19 that in order to maximize protections and minimize risks to
20 the animals, revaccination guidelines outlined in the
21 Department of Health's Florida Rabies Prevention and Control
22 guidebook must be incorporated in the law. This approach does
23 not interfere with the veterinarian's discretion to use a
24 rabies vaccine of 1 year or 3 years' duration of immunity. The
25 Legislature also determines a need to standardize the rabies
26 certificate form in order to permit easier use by
27 veterinarians and public health officials by using Form 51 of
28 the National Association of State Public Health Veterinarians
29 or an equivalent form approved by the local government. The
30 Legislature finds that since rabies-vaccination programs are
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1 administered on a calendar-year basis, an implementation date
2 of January 1, 2006, will provide for an orderly transition.
3 Section 3. This act shall take effect January 1, 2006.
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6 SENATE SUMMARY
7 Requires a veterinarian to vaccinate certain animals with
a vaccine that is licensed by the United States
8 Department of Agriculture. Establishes revaccination
requirements. Precludes use of rabies titers in lieu of
9 revaccination. Requires the use of a certain form for
certifying a vaccination. Prohibits revaccination of
10 currently vaccinated animals, except for postexposure
treatment.
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