BILL ANALYSIS Ó
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: AB 272
AUTHOR: Gomez
AMENDED: May 28, 2013
HEARING DATE: June 26, 2013
CONSULTANT: Moreno
SUBJECT : Rabies: vaccinations.
SUMMARY : Requires dog owners, after a dog turns three or four
months, rather than after the age of four months, to have their
dog vaccinated against rabies at one year intervals, as
specified.
Existing law:
1.Requires dog owners, after his or her dog attains the age of
four months, to procure its vaccination by a licensed
veterinarian with a canine anti-rabies, on an annual basis, as
specified.
2.Requires a request for an exemption from these requirements to
be submitted on an approved form developed by Department of
Public Health (DPH) and to include a signed statement by the
veterinarian explaining the inadvisability of the vaccination
and a signed statement by the dog owner affirming that the
owner understands the consequences and accepts all liability
associated with owning a dog that has not received the canine
anti-rabies vaccine.
3.Requires the request to be submitted to the local health
officer (LHO), who is permitted to issue an exemption from the
canine anti-rabies vaccine. Requires the LHO to report
exemptions issued pursuant to this subdivision to DPH.
4.Requires a dog that is exempt from the vaccination
requirements to be considered unvaccinated and to be confined
to the premises of the owner, keeper, or harborer and, when
off the premises, be on a leash, as specified, and under the
direct physical control of an adult.
This bill: Requires dog owners, after the age of three or four
months, rather than after the age of four months, to have their
dog vaccinated against rabies at one year intervals, as
specified.
Continued---
AB 272 | Page 2
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, there are no significant costs associated
with this legislation.
PRIOR VOTES :
Assembly Agriculture:7- 0
Assembly Appropriations:17- 0
Assembly Rules: 10- 0
Assembly Floor: 76- 0
COMMENTS :
1.Author's statement. Current California law, last updated in
the 1950s, does not recognize or allow canine rabies
vaccinations before four months of age. However, the USDA has
licensed these vaccines for use at three months of age, and
the Centers for Disease Control and Prevention (CDC) requires
imported dogs to be vaccinated at three months of age.
California is the only state that does not allow dog-owners
and their veterinarians to choose to vaccinate at three months
of age. AB 272 will update California law to align with
national practice and current science. In addition to giving
more flexibility to dog-owners, this bill will alleviate the
problem of over-vaccination among imported dogs. Under current
law, a puppy being imported from another state must be
vaccinated at four months of age in California, even if it was
already vaccinated at three months of age in its home state.
AB 272 will also allow California to follow CDC importation
guidelines for dogs arriving from other counties.
2.Background. According to the CDC, rabies is a fatal viral and
serious public health problem. All mammals are believed to be
susceptible to the disease, which is usually transmitted
through bites. In domestic animals, the incubation period is
generally 3 to 12 weeks but can takes months, although rarely
exceeding 6 months. Rabies is communicable during the period
of salivary shedding of rabies virus. Clinical signs of rabies
include inappetance, dysphagia, cranial nerve deficits,
abnormal behavior, ataxia, paralysis, altered vocalization,
and seizures. Progression to death is rapid. CDC
Recommendations for rabies prevention and control from 2011
lists 14 rabies vaccinations for dogs licensed by the federal
government. The minimum age for all rabies vaccination for
dogs is three months.
3.Dogs from out of state. According to DPH, for purposes of
AB 272 | Page
3
licensure, current California law states that a dog must have
been vaccinated after it reaches the age of four months with a
vaccine approved by the Department. Vaccination earlier than
four months and/or with a vaccine not on the CDC's approved
list would not fulfill this requirement and the dog could not
be licensed until that deficiency was rectified. According to
DPH, current interpretation of the Health and Safety Code is
that the vaccination must occur after four months of age;
regulations (Title 17 of the California Code of Regulations.
Division 1, Chapter 4, Subchapter 1. Reportable Diseases and
Conditions, Article 3, § 2606.4) state, in part:
"Vaccination of Dogs Against Rabies. Dogs shall be
considered to be properly vaccinated for the purposes of
Section 1920, California Health and Safety Code, when
injected at four months of age or older with an approved
canine rabies vaccine and revaccinated (as specified)."
4.Support. The county of Los Angeles states that young dogs
that were vaccinated at three months in other states, as
required by those jurisdictions, are currently required to be
revaccinated when brought to California. Supporters state
that by allowing California veterinarians to vaccinate at
three months, this bill will lessen the chance of
over-vaccination of young dogs coming into California and will
align California rabies law with the rest of the nation and
offer protection against rabies to more dogs. The State
Humane Association of California states that earlier
vaccination enables puppies that come from other state prior
to four months to avoid quarantine.
5.Opposition. Opponents, writing in response to a previous
version of this bill, state that early-age vaccination is
often ineffective due to the interference of maternal
antibodies, which would mean that a large percentage of young
dogs in the community would be presumed immune to rabies after
an ineffective early-age vaccination, when in fact they are
not immune and could acquire and transfer rabies to humans.
Others state that adding a rabies vaccine to the other
vaccinations (distemper, hepatitis, parvo) will not only
increase the likelihood of adverse reactions, but also the
probability that the vaccine components will interfere with
each other and neutralize the desired immunological response.
AB 272 | Page 4
6.Policy comment. According to the sponsor of this bill, the
intention was not to require dog rabies vaccines at three
months, but rather to permit the vaccine at three months if
the owner chooses it. According to DPH, the principal
enforcement arm of the rabies control laws is the more than
250 county, city, and municipal animal/rabies control
agencies. Under current law, requirements for rabies
vaccination as a prerequisite for licensure of dogs are
consistent across all jurisdictions. If this bill is adopted,
the ambiguity of the phrase "after his or her dog attains the
age of three or four months" could precipitate variable
implementation across jurisdictions.
SUPPORT AND OPPOSITION :
Support: Health Officers Association of California (sponsor)
American Federation of State, County and Municipal
Employees, AFL-CIO
California Animal Control Directors Association
California Veterinary Medical Association
Los Angeles County Board of Supervisors
Santa Cruz SPCA
San Francisco SPCA
State Humane Association of California
Oppose:(PREVIOUS VERSION)
Alaskan Malamute Club of America
California Federation of Dog Clubs
California Miniature Schnauzer Rescue
Sacramento Council of Dog Clubs
The Animal Council
The Rabies Challenge Fund
15 individual
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