BILL ANALYSIS �
SENATE HEALTH
COMMITTEE ANALYSIS
Senator Ed Hernandez, O.D., Chair
BILL NO: AB 258
A
AUTHOR: Hagman
B
AMENDED: As Introduced
HEARING DATE: June 8, 2011
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CONSULTANT:
5
Orr
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SUBJECT
Rabies: vaccinations
SUMMARY
Exempts from the rabies vaccination requirement a dog that
a licensed veterinarian determines, on an annual basis,
would be endangered from the vaccine due to disease or
other conditions.
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:
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. 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.
Continued---
STAFF ANALYSIS OF ASSEMBLY BILL 258 (Hagman) Page
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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. Requires fees
for dog licensure to 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. Declares
that it is 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 to declare a quarantine against
designated animals if the department finds that rabies
exists. The department may issue regulations instead of a
quarantine order, when appropriate.
Establishes that any person who willfully conceals
information about the location or ownership of an animal
subject to rabies, or who 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 state regulations:
Require that dogs be licensed no later than 30 days after
the dog attains the age of 4 months, and no later than 60
days after the expiration of the previously issued license.
Prohibit 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.
Require any person having knowledge of the whereabouts of
an animal known or suspected to have rabies, to report to
the local public health officer. Establish that the local
health officer (LHO) 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
STAFF ANALYSIS OF ASSEMBLY BILL 258 (Hagman) Page
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having rabies. Establish standards for the isolation and
strict confinement of any rabid animal or animal that is
suspected to be rabid. Allow the LHO discretion to isolate
any animal which bites or otherwise exposes a person to
rabies for a specified length of time.
Establish 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 rabies vaccination would endanger a dog's life due
to disease or other considerations.
Requires that dogs exempt from the vaccination requirement
be confined to the premises of the owner, and requires a
leash when off of the premises of the owner. Prohibits dogs
exempt from the vaccination requirement from having contact
with other unvaccinated dogs or cats.
Requires a dog owner to sign a statement affirming they
understand the consequences of the exemption and accepts
all liability associated with owning a dog that has not
received the canine rabies vaccine.
Requires CDPH to develop a form for exemption applications.
Stipulates that the form must include the statement from
the owner and be signed by the veterinarian. Requires the
form to be submitted to the LHO.
Allows an LHO to issue an exemption from the canine
antirabies vaccination (CAV). Requires the LHO to report
exemptions to CDPH.
Prohibits the local jurisdiction issuing dog licenses from
extending the license period beyond one year for dogs
exempted from the vaccination requirement.
FISCAL IMPACT
According to the Assembly Appropriations Committee
analysis, CDPH estimates costs of approximately $40,000 for
one-half of 2011-12 and $80,000 for 2012-13 for a
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veterinary research scientist to amend the regulations and
develop the exemption form.
BACKGROUND AND DISCUSSION
The author contends that current state law makes it
impossible for veterinarians to make a decision in the best
interest of a sick or compromised animal. The author
claims that rabies vaccinations are powerful medical tools
with potentially powerful side effects, and that the
labeling instructions on rabies vaccine products instruct
veterinarians to vaccinate only healthy dogs. Research
indicates that rabies vaccine-associated reactions in dogs
can be significant. Pet owners who are deeply concerned
about their dogs' health, and are deprived of a vaccination
exemption option, may choose to 'fly under the radar,'
eluding both vaccination and licensing entirely. The author
believes the public is actually put at greater potential
risk for zoonotic disease without an exemption from rabies
vaccination provision. The author believes AB 258 will
provide a uniform statewide vaccination waiver protocol to
streamline licensing and support better monitoring of
unvaccinated dogs. Dogs exempt under AB 258 will be
medically evaluated by a licensed veterinarian and
monitored by LHOs; therefore California's public health
will remain safeguarded.
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.
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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
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. 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
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maintain or provide a local rabies control program. Rabies
control programs must include an animal shelter system,
provide for 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 include other
activities for the purpose of carrying out and enforcing
the provisions of the California Rabies Control Program.
The county and/or city must 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, 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 an illness or
veterinary medical condition in a dog warrants it. The
exempted animal must be kept under strict rabies isolation
conditions, which are at the discretion of the local health
officer, until 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 particular pathogens in order to prevent
disease upon exposure and natural infection. 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 are possibly more likely to induce an
allergic vaccine reaction than the live vaccines. The
killed vaccines often contain large amounts of viral
material 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
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vaccine. These animals may get better if cared for well for
up to three months, through nutritional support and, in
some cases, ventilatory support. 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.
Prior legislation
AB 2000 (Hagman) of the 2009-2010 Session would have
exempted 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. Would
have prohibited the license period from extending beyond
one year, in the event that a dog is exempted from the
vaccination requirement. Failed passage in the Senate
Appropriations Committee.
AB 2689 (Smyth), Chapter 45, Statutes of 2010, 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.
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. Also would have increased existing fines for
nonspayed or unneutered dogs and cats, and required
microchipping of animals upon a second violation, as
specified. Failed passage on the Senate Floor.
AB 647 (Koretz) of the 2005 - 2006 Session 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
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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.
Arguments in support
The Humane Society Veterinary Medical Association (HSVMA)
claims veterinary professionals know that vaccinations
should only be administered to animals for whom the medical
benefits outweigh the potential medical risks. HSVMA claims
that a small but significant number of companion animals
have medical conditions for whom vaccination is
contraindicated, including those with terminal diseases
like cancer, immune-mediated diseases, severe endocrine
disorders, and other conditions. HSVMA believes that AB 258
provides a safe and medically sound mechanism to protect
dogs in California whose health could be seriously
compromised by vaccination.
The California Federation of Dog Clubs (Dog Clubs) claims
there is much scientific documentation regarding acute or
chronic adverse reactions to the rabies vaccine in dogs,
and that the current rabies risk to the community is low
and is overwhelmingly related to wildlife. The Dog Clubs
also claim that recent studies show that duration of
immunity from an initial rabies vaccination can range up to
seven years, making frequent re-vaccination unnecessary.
PRIOR ACTIONS
Assembly Agriculture:9- 0
Assembly Appropriations:17- 0
Assembly Floor: 70- 0
COMMENTS
1. Public health implications. 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
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from a vaccination requirement if the dog's life would be
endangered by the vaccine due to disease or other
considerations. 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, it is unclear under what
circumstances a dog's life would be endangered by the CAV.
Simply experiencing an adverse reaction to the vaccine,
while unpleasant for the dog, might not necessarily warrant
an exemption. However, a dog that has a disease or
condition that would render the CAV ineffective may be an
appropriate candidate for an exemption, even if the vaccine
itself is not life-threatening. The bill currently gives
discretion to the LHO to determine exemptions. The author
may wish to further clarify which circumstances could be
appropriate for a potential exemption in order to limit the
number of inappropriate exemption requests.
2. Clarifying amendments. The author may wish to clarify
paragraph 2 on page 3, lines 5-13 to read:
A request for an exemption from the requirements of this
subdivision shall be submitted signed by the veterinarian
on an approved form developed by the department and shall
include a signed statement by the veterinarian explaining
stating the inadvisability of the vaccination, and shall
include 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 antirabies vaccine. The request shall
be submitted to the local health officer, who may issue
an exemption from the canine antirabies vaccine.
3. Clarifying amendments. An additional suggested
clarifying amendment would be found on page 4, lines 11-17:
In addition to the authority provided in subdivision (a),
the ordinance of the responsible city, city and county,
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or county may provide for the issuance of a license for a
period not to exceed three years for dogs that have
attained the age of 12 months or older and have been
either vaccinated against rabies or one year for dogs
exempted from the vaccination requirement pursuant to
subdivision (b).
POSITIONS
Support: Humane Society Veterinary Medical Association
(sponsor)
California Federation of Dog Clubs
California Veterinary Medical Association
Sacramento Council of Dog Clubs
San Lorenzo Dog Training Club, Inc.
Southland Weimaranaer Club
Oppose: None received.
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