Code of Massachusetts Regulations
330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES
Title 330 CMR 30.00 - Animal Rescue And Shelter Organization Regulations
Section 30.09 - Restrictions on Placement
Current through Register 1531, September 27, 2024
(1) Unless otherwise specified in 330 CMR 30.09, no Licensee may Place an Animal that tests positive for or shows signs of any of the following conditions:
(2) No Licensee may Place an Animal, unless:
(3) Notwithstanding 330 CMR 30.09(1) and (2), any Animal with a chronic infectious, or contagious medical condition may be Placed, provided the Licensee has supplied any prospective Adopter with a Disclosure Statement documenting the specific medical condition and provided the prospective Adopter has signed an acknowledgment of receipt on the Disclosure Statement and an agreement requiring the Adopter to take steps to prevent the spread of disease to any other susceptible animals. Such preventive measures shall remain in effect permanently, or until a Veterinarian has declared that the Animal no longer poses a risk of transmitting disease. The Licensee shall obtain and retain a copy of these documents as part of the Animal's Individual Animal Record.
(4) Notwithstanding 330 CMR 30.09(1), any Animal with behavioral issues that may pose a safety risk to humans or other animals, such as aggression, may only be Placed provided that the Animal:
(5) A Licensee may Place any Animal found to be affected by a medical condition that is neither infectious or contagious, such as nutritional or metabolic disease, fracture, lameness, or congenital abnormalities, provided that the Animal is treated and stabilized by a Veterinarian prior to Placement. The Licensee shall also:
(6) No Organization shall dispense medication to an Adopter. Only a Veterinarian may prescribe or dispense medication after establishing a valid veterinarian-client-patient relationship, pursuant to the Board of Registration in Veterinary Medicine regulations at 256 CMR 2.00: General Provisions.
(7) Any location where an Animal Placement occurs, including any off-site or outdoor locations, shall meet all standards set forth in 330 CMR 30.06(1).
(8) Dogs and Cats Shall Be Spayed or Neutered Prior to Adoption. Any Dog or Cat not of sufficient age to be a good candidate for spay or neuter surgery may be Placed, provided that there is a Sterilization Clause in the Licensee's Adoption agreement. Such clause shall require the Adopter either to have the Dog or Cat deprived of the ability to produce offspring by six months of age or to return the Animal to the care and custody of the Licensee. By the time the Dog or Cat reaches six months of age, the Adopter shall have provided the Licensee with written documentation from a Veterinarian that the Dog or Cat has been spayed or neutered.
The documentation verifying that the Dog or Cat has been spayed or neutered shall be retained by the Licensee as part of the Individual Animal Record. Licensees invoking the Sterilization Clause when Placing Dogs or Cats shall also comply with the provisions of M.G.L. c. 140, § 139A. If a Veterinarian has examined a Dog or Cat and documented that a specific medical condition would cause spay or neuter surgery to be detrimental to the Animal's health, the Licensee shall take stringent steps to prevent the intentional or negligent breeding of the Animal, in accordance with 330 CMR 30.06(5). Such preventive measures shall remain in effect permanently, or until the Dog or Cat becomes healthy enough for surgery.
(9) Within 14 calendar days of Placement, the Adopter may have the Animal examined by any Veterinarian. If the Veterinarian determines that the Animal is affected by any medical or behavioral issue not included in the Disclosure Statement, the Adopter may return the Animal to the Organization within three days of the veterinary exam for a prompt refund of the entire Adoption fee, or, if the Organization and the Adopter both consent, a replacement Animal.
(10) The provisions in 330 CMR 30.09(1), (2)(a) and (b), and (3) and (5) shall not apply to transfers of Animals between licensed Organizations, so long as the purpose of the transfer is to provide improved care or medical treatment for the Animal.
(11) A Disclosure Statement that includes a good faith estimate under 330 CMR 30.09(5)(a) shall clearly and conspicuously include the following language or substantially similar language: THIS GOOD FAITH ESTIMATE IS NOT AN OFFER TO PERFORM VETERINARY SERVICES. IT IS AN ESTIMATE BASED ON THE VETERINARIAN'S EXAMINATION OF THE ANIMAL AND THE ANIMAL'S MEDICAL RECORDS. THE ACTUAL COST OF TREATING OR MAINTAINING THE ANIMAL, EITHER BY THE VETERINARIAN WHO MADE THE ESTIMATE OR ANOTHER VETERINARIAN, MAY BE HIGHER OR LOWER THAN THE ESTIMATED COST.