BILL ANALYSIS
SENATE HEALTH
COMMITTEE ANALYSIS
Senator Elaine K. Alquist, Chair
BILL NO: AB 2000
A
AUTHOR: Hagman
B
AMENDED: June 2, 2010
HEARING DATE: June 30, 2010
2
CONSULTANT:
0
Orr
0
0
FOR VOTE ONLY
SUBJECT
Rabies: vaccinations
SUMMARY
Exempts from the rabies vaccination requirement an owner of
a dog that a licensed veterinarian determines, on an annual
basis, is immune-compromised or has a documented medical
record of a preexisting condition that may affect the dog's
ability to develop antirabies antibodies. Prohibits the
license period from extending beyond one year, in the event
that a dog is exempted from the vaccination requirement.
CHANGES TO EXISTING LAW
Existing federal regulations:
Requires a valid rabies vaccination for dogs 12 weeks of
age and older imported to the United States from countries
where canine rabies is present, with certain exceptions.
Existing state law:
Continued---
STAFF ANALYSIS OF ASSEMBLY BILL 2000 (Hagman) Page
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Requires every dog owner, after the dog attains the age of
four months, to obtain a license for the dog no less than
once every two years, and to vaccinate the dog against
rabies no more than once per year.
Requires the governing body of each city, county, or city
and county to maintain or provide for the maintenance of a
pound system and a rabies control program. Establishes
that fees for dog licensure be fixed by the city, county,
or city and county. Authorizes the governing body to
impound any dogs found to be in violation of these
provisions and any additional provisions the governing body
prescribes. Declares the responsibility of the governing
body to provide or arrange for the provision of dog
vaccination clinics.
Authorizes the California Department of Public Health
(CDPH) to investigate reported cases of rabies in any
county or city, and declare a quarantine against designated
animals if the department finds that rabies exists. The
department may issue regulations as a substitute for a
quarantine order, when appropriate.
Establishes that any person who willfully conceals
information about the location or ownership of an animal
subject to rabies, that has exposed a person to rabies with
the intent to prevent the quarantine or isolation of that
animal by the local health officer, is guilty of a
misdemeanor.
Defines "rabies area" to mean any area within a region
where the existence of rabies constitutes a public health
hazard.
Existing regulation:
Defines primary immunization as the initial inoculation of
an approved canine rabies vaccine administered to young
dogs between the ages of 4 and 12 months. Requires that
dogs be revaccinated one year after the primary
immunization. Dogs receiving vaccination after primary
immunization and any dog receiving its initial vaccination
over 12 months of age are required to be revaccinated at
least once every 3 years.
Requires that dogs be licensed no later than 30 days after
the dog attains the age of 4 months, and no later than 60
STAFF ANALYSIS OF ASSEMBLY BILL 2000 (Hagman) Page
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days after the expiration of the previously issued license.
Prohibits a dog license from being issued for a period
beyond the dog's revaccination due date, with specified
exceptions. Local authorities may require revaccination
prior to issuance of a license provided that revaccination
does not occur prior to specified times.
Requires any person having knowledge of the whereabouts of
an animal known or suspected to have rabies, to report to
the local public health officer. Establishes that the
local health officer is to be notified when a person is
bitten by an animal of a species subject to rabies within a
rabies area, whether or not the animal is suspected of
having rabies. Establishes standards for the isolation and
strict confinement of any rabid animal or animal that is
suspected to be rabid. Allows the local health officer
discretion to isolate any animal which bites or otherwise
exposes a person to rabies for a specified length of time.
Establishes the Canine Rabies Vaccine Advisory Committee,
responsible for assisting the Department in evaluating the
effectiveness of canine rabies vaccines.
Establishes guidelines for canine rabies vaccines to be
approved for use in California, including meeting specified
federal vaccine standards for sterility and safety.
This bill:
Provides an exception to the rabies vaccination requirement
if a licensed veterinarian determines on an annual basis
that a dog is immune compromised or has a preexisting
medical condition that could affect the dog's ability to
develop antirabies antibodies, including an immune mediated
disease or a serious adverse reaction to prior canine
antirabies vaccine.
Requires the California Department of Public Health (CDPH)
to develop a form for exemption applications. Stipulates
that the form must include a signed statement from the
dog's owner affirming the owner understands the
consequences of the exemption and accepts all liability
associated with owning a dog that has not received the
canine rabies vaccine. The form must be returned to the
responsible local jurisdiction, which shall report
exemptions to the CDPH.
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Prohibits the license period from extending beyond one
year, in the event that a dog is exempted from the
vaccination requirement.
FISCAL IMPACT
According to the Assembly Appropriations Committee, this
bill would result in costs of approximately $40,000 to CDPH
for one half of 2010-11 and $80,000 for 2011-12 for a
veterinary research scientist to amend the regulations and
develop the exemption form.
BACKGROUND AND DISCUSSION
Rabies
Rabies is a viral disease that affects the central nervous
system and causes acute inflammation of the brain. Rabies
is almost invariably fatal if post-exposure prophylaxis is
not administered prior to the onset of severe symptoms. In
California, most cases of rabies occur in skunks and bats,
however, any mammal can contract rabies. Domestic animals
account for three percent of animal rabies, and the rest
occurs in a variety of wild animals, including foxes.
Rabies can be prevented by vaccination.
Human rabies is rare in the United States. The virus is
generally passed to humans via the bite of a rabid animal.
The majority of human cases in the U.S. are caused by rabid
bats. Although uncommon, human rabies retains its public
health significance because of the lethality of human
infections.
CDPH received reports of 1,747 animal rabies cases from
2001 through 2008. During that time, reported animal cases
decreased in California by 44.5 percent. Among animal
rabies cases, the most frequently reported species were
bats (73.0 percent), skunks (23.5 percent), foxes (2.3
percent), and cats (0.6 percent). According to the
"Epidemiologic Summary of Animal and Human Rabies in
California, 2001 - 2008, Key Findings and Public Health
Messages" CDPH found that appropriate domestic and wild
animal management, animal vaccination programs, public
health and medical management of persons exposed to
potentially rabid animals, public education about animal
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risk reduction strategies, and avoiding wild animal contact
apparently provide the best opportunities for reducing
rabies in humans and animals.
Federal regulations currently require proof of valid rabies
vaccination for imported dogs, but allow the importation of
some unvaccinated dogs, including dogs less than 3 months
of age, provided certain requirements for confinement are
met until the dog is vaccinated. The regulation does not
require a health screen for these dogs prior to arrival in
the U.S., nor does it require treatment for ticks or
evaluation for specific zoonoses of concern. Importers are
expected to appropriately confine and vaccinate imported
dogs that lack valid rabies vaccination. Enforcement of
this regulation is problematic because there is no federal
requirement, mechanism, or capacity for documenting
compliance.
Rabies control in California
The primary components of the California Rabies Control
Program include companion animal immunization and
licensing; stray animal control; animal bite reporting,
investigation, and animal isolation; and public education.
The program works to control stray domestic animals and
follow up on potential human exposures. The program also
keeps track of animal rabies throughout the state. Existing
statutes require vaccination and licensing of all dogs, but
because cats are the most frequently reported rabid
domestic animal in the U.S., vaccination of all cats is
also strongly advised. There are vaccines for other
domestic animals as well.
The California Health and Safety Code mandates that the
governing body of each city, city and county, or county
maintain or provide a rabies control shelter system and a
local rabies control program. Rabies control programs must
be implemented to include an animal shelter system, animal
bite reporting and investigations, stray animal control,
animal rabies case investigation, quarantine of biting dogs
and cats, quarantine of domestic animals potentially
exposed to rabies, and other activities for the purpose of
carrying out and enforcing the provisions of the California
Rabies Control Program. The county and/or city shall also
provide or arrange for canine rabies vaccination clinics.
All counties in the state are declared "rabies areas" due
to the ongoing cycles of rabies in California's wildlife,
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and the resulting threat of exposure to domestic animals,
livestock and humans.
According to CDPH's California's Compendium of Rabies
Control and Prevention, 2004, a local health officer may,
upon a written recommendation of a veterinarian, issue a
rabies immunization exemption where illness or veterinary
medical condition in a dog warrants. The exempted animal
must be in strict rabies isolation conditions, which are at
the discretion of the local health officer, until such time
as the medical condition is resolved and the animal can
obtain a canine rabies vaccine.
Rabies vaccine
Vaccines are designed to enhance the specific immune
response to a particular pathogen in order to prevent
disease upon exposure and natural infection. This is
accomplished through inoculation with all or part of an
organism. Vaccine types can be noninfectious and
infectious. Noninfectious vaccines include killed whole
virus and are generally stable, and safe; thus they can
often be used in debilitated or pregnant animals with
minimal risk. However, the duration of immunity tends to be
shorter than that of infectious vaccines, and multiple
boosters are often required. Most rabies vaccines are
noninfectious.
Any vaccine has the potential to cause a reaction, however,
killed vaccines (e.g. killed rabies vaccine) are possibly
more likely to induce an allergic vaccine reaction than the
live vaccines. The killed vaccines often contain large
amounts of viral material (they don't replicate in the body
so more has to be injected initially) as well as additives
that stimulate a better immune reaction, which are both
very immunoreactive. It is possible for a dog or cat to
develop a vaccine-induced form of rabies 10 to 21 days
after receiving a live virus rabies vaccine. These
rabies-vaccinated animals, if cared for well, for up to 3
months (e.g. nutritional support, possible ventilatory
support) may get better. Rabies vaccinated dogs can also
get a severe infection of the brain and spinal cord (called
encephalomyelitis) which mimics the rabies disease itself.
This condition will progress and there is no cure. The
vaccine-associated rabies does not seem to occur with the
killed/inactivated vaccine, only the live vaccines, so
prevention is possible by using killed vaccines.
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Related bills
AB 2411 (Jones) defines "pet insurance" as a separate line
of insurance, and establishes new regulatory requirements
for the sale of pet insurance products. Pending in the
Senate.
AB 2689 (Smyth) authorizes cities and counties to specify
the means by which a dog owner is required to provide proof
of his or her dog's rabies vaccination, including but not
limited to electronic transmission or facsimile. Pending in
the Senate.
Prior legislation
AB 1634 (Levine) of 2007 would have enacted the California
Responsible Pet Ownership Act and provided that a person
who owns a dog or cat that is not licensed (or is
improperly licensed) and that has not been spayed or
neutered may be cited and, if cited, must pay civil
penalties. It also increases existing fines for nonspayed
or unneutered dogs and cats. Requires microchipping of the
animal for a second occurrence for which the owner will
have to pay the cost of the microchip procedure, as
specified. Failed passage on the Senate Floor.
AB 647 (Koretz) of 2005 would have removed domestic ferrets
from the list of wild animals that are unlawful to import,
transport, possess, or release into this state
if the owner of the ferret produced and maintained
documentation that the ferret has been vaccinated against
rabies and that the ferret, if over the age of six months,
is spayed or neutered. The bill specified that any ferret
that is sold or offered for sale is required to be spayed
or neutered before the sale, and permitted local animal
control agencies to enforce these provisions. Held in the
Senate Appropriations Committee.
SB 861 (Speier), Chapter 668, Statutes of 2005, authorizes
local governments to enact dog breed-specific ordinances
pertaining only to mandatory spay or neuter programs and
breeding requirements, provided that no specific dog breed,
or mixed dog breed, shall be declared potentially dangerous
or vicious under those ordinances. This bill requires those
jurisdictions that do implement such programs to provide
quarterly statistical reports relating to dog bites to the
State Public Health Veterinarian, as specified.
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Arguments in support
Concerned Dog Owners of California supports this measure
and claims that there is currently no legal way that an
animal control agency can allow an exemption for rabies
vaccination, even if the rabies vaccination could kill the
dog. Passage of this bill will allow for this small pool of
dogs to obtain licenses without having to endure
vaccinations that could end their lives. The Basenji Club
of Northern California supports efforts to save the lives
of dogs which are at risk from the rabies vaccination, and
asserts that this bill will protect the life of any dog
which has had a severe reaction to a previous injection or
which has a compromised immune system.
Arguments in opposition
The California Department of Public Health believes this
bill could increase the risk to public health by allowing
dogs to be exempted from current rabies vaccination
requirements. They claim that modern canine rabies vaccines
are safe and effective for dogs, and that there is no
scientific evidence that these vaccines are associated with
severe or high rates of vaccination reactions. They cite a
recent study by the United States Department of Agriculture
that showed that rabies vaccines do not result in a high
frequency or unexpected pattern of adverse events. They
also point out that there are no listed contraindications
for the vaccines.
PRIOR ACTIONS
Assembly Agriculture & Water:7-0
Assembly Appropriations: 15-0
Assembly Floor: 74-0
COMMENTS
1. For vote only. This bill was heard for testimony only
at the June 23, 2010 Senate Health Committee hearing.
Therefore, this bill is set for vote only.
2. Public health implications. Rabies is a relatively
rare, but debilitating disease for both animals and humans
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once it is contracted. Canine rabies vaccines have been
effective at curbing the spread of rabies in the domestic
dog population, but are reported to have side effects
ranging from vomiting, swelling in the face or at the
injection site, diarrhea, and even death. As drafted, this
bill allows any veterinarian to apply to exempt a dog from
a vaccination requirement if they are immune-compromised or
have a preexisting condition that may affect their ability
to develop rabies antibodies, including a history of a
serious adverse reaction to the vaccine. If dogs are
allowed to be exempt from the canine rabies vaccine, they
will not only be at risk for contracting the rabies virus
themselves, but they could potentially spread it to other
dogs, and potentially infect humans. Does this bill strike
the right balance of protecting the relatively few animals
that are at risk of severe complications from the vaccine
with the need to ensure the human and pet populations are
protected from a potentially lethal disease?
Aside from this basic question, several provisions in this
bill are unclear:
(a) It is not clear who specifically is allowed to approve
or disapprove of an exemption request.
(b) The conditions that could lead to an exemption appear
to extend to dogs with less serious conditions.
(c) No restrictions are placed on an exempted dog to
protect the community at large.
3. Author's amendments. At the bill's first hearing June
23, the author agreed to amend the bill to address concerns
mentioned above in Comment 2, and is submitting a mock up
in committee that will address (b) and (c).
4. Remaining concerns. This language still does not address
a third concern raised by the committee in Comment 2 (a) of
the first analysis, to specify who is allowed to approve or
disapprove of an exemption request. The committee staff
recommends granting the Local Health Officer (LHO) the
authority to approve or disapprove of an exemption request,
because the LHO will be in a better position than the
veterinarian to weigh the merits of the request against the
need to preserve the health of the public. The committee
staff also recommends allowing the LHO to adjust fees for
unvaccinated dogs to offset any additional administrative
costs they may incur from this new responsibility.
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POSITIONS
Support: Bay Area Rhodesian Ridgeback Club
Basenji Club of Northern California, Inc.
California Federation of Dog Clubs
Concerned Dog Owners of California
English Shepherd Club
Golden Retriever Club of Greater Los
Angeles
Irish Terrier Club of America
Irish Terrier Club of Southern California
Miniature Schnauzer Club of Northern California
PawPac
Rabies Challenge Fund Charitable Trust
Save Our Dogs
Several individuals
Oppose: California Department of Public Health
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