Section 1 Definitions
a. "Commissioner" where no other
department is referenced means the Commissioner of the Department of
Agriculture, Food and Markets, and includes his or her
designee.
b. "Domestic
pet" or "pet" means any domestic dogs, domestic cats and ferrets and
such other domestic animals as the commissioner shall establish by
rule, provided that the commissioner finds that the animal has the
potential to become an imminent danger to public health or welfare if
not subjected to the provisions of Title 20, Chapter 193, "Domestic
Pet or Wolf-hybrid control."
c. "Ferret" means only the European
ferret (Mustela putorious furo).
d. "For-profit clinics" means any
rabies vaccination clinic conducted by a veterinarian, or
organization that does not qualify as a non-profit public rabies
clinic.
e. "Livestock"
means those domestic animals defined in
6 V.S.A. §
1151(2), including
but not limited to cattle, sheep, goats, equines, fallow and red
deer, American bison, swine, camelids.
f. "Non-profit public rabies
clinic" or "non-profit clinic" means a clinic conducted for the
public by a non-profit organization or a municipality. Income from
operation of the clinic minus reasonable expenses, shall be used for
rabies management. However, if the clinic is staffed by volunteers
provided by a non-profit organization, the income from operation of
the clinic, minus reasonable expenses, may be used to support the
activities of that organization. Reasonable expenses of a non-profit
public clinic may include the cost of: rabies vaccine; rabies
certificates and tags; supplies needed to administer the vaccine;
rental of a facility to hold the clinic; advertising; and a stipend
paid to volunteers. The total stipend paid shall not exceed $ 2.00
per rabies vaccination for the first 100 rabies vaccinations and $
1.00 per rabies vaccination thereafter.
g. "Volunteer", a volunteer for
purposes of the immunity from liability set forth in
20 V.S.A. §
3812, means a lay person or
veterinarian who works at a non-profit rabies vaccination clinic and
receives no compensation for his or her services or time, other than
the stipend authorized by these rules.
h. "Wolf-hybrid" means an animal
which is the progeny or descendant of a domestic dog (Canis
familiaris) and a wolf (Canis lupus or Canis rufus). "Wolf-hybrid"
also means an animal which is advertised, registered, licensed or
otherwise described or represented as a wolf-hybrid by its owner or
an animal which exhibits primary physical and behavioral wolf
characteristics, as defined by the Commissioner of the Department of
Fish and Wildlife.
Section
2 Administration and Use of Rabies Vaccinations
a. The Commissioner shall maintain
a list of rabies vaccines approved for domestic pets, livestock and
when and if a vaccine becomes available, for wolf/hybrids, as
required by
20 V.S.A. §
3581a(b),
(c) and §
3801(a).
No vaccine shall be used unless its use is first approved by the
Commissioner.
b. The
following persons may administer rabies vaccinations:
(1) To domestic pets &
wolf/hybrids:
Rabies vaccinations must be performed by a licensed
veterinarian or under the direct supervision of a licensed
veterinarian, which shall mean that the veterinarian has examined the
animal, has authorized its immediate vaccination against rabies, and
is on the premises at the time the animal is vaccinated. The person
who administers the rabies vaccine must be employed in, or working
at, the same veterinary practice as the supervising licensed
veterinarian. All rabies certificates must be signed by the licensed
veterinarian.
(2)
To feral cats:
A person may use an approved vaccine to inoculate a
feral feline that takes up residence in a building other than the
person's home. A licensed veterinarian is not required.
(3) To livestock:
a. A person may administer an
approved rabies vaccine for the species of livestock to be
inoculated. The following should be considered:
1. When a licensed veterinarian
individually identifies the livestock and uses an approved rabies
vaccine for the species, the livestock will be considered officially
vaccinated by public health officials and others who require proof of
vaccination.
2. When
rabies vaccine is administered by a person not licensed as a
veterinarian, the livestock may not be considered vaccinated by
public health officials and others who require proof of
vaccination.
b. A licensed veterinarian may
recommend a rabies vaccine for use in livestock for which there is no
approved rabies vaccine commercially available. Any person may
administer the rabies vaccine to livestock in accordance with the
veterinarian's recommendation. Livestock vaccinated according to the
veterinarian's recommendation may not be considered vaccinated by
public health officials and others who require proof of
vaccination.
c. Rabies
vaccinations shall be administered as follows:
(1) To domestic pets: in accordance
with the manufacturer's recommendation.
(2) To wolf/hybrids: rabies vaccine
approved for dogs must be administered to wolf/hybrids in a similar
manner as recommended by the manufacturer for the inoculation of dogs
against rabies until a rabies vaccine is approved for
wolf/hybrids.
(3) To
feral cats: in accordance with the manufacturer's
recommendations.
(4) To
livestock: approved vaccines must be administered in accordance with
the manufacturer's recommendations. A licensed veterinarian may
recommend the administration of rabies vaccine to livestock for which
there is no approved rabies vaccine commercially available, including
the dosage and the route of administration.
d. Rabies vaccination must be
administered to domestic pets and wolf/hybrids prior to the age of 4
months unless in the judgment of the veterinarian the animal's
medical condition would prevent the development of adequate immunity
to rabies. Animals so exempted must be inoculated against rabies as
soon as their medical condition permits.
Section 3
Rabies Vaccination Clinics
a. The
rules for administration and use of rabies vaccine shall apply to
rabies vaccines administered at any non-profit clinics and for-profit
clinics. In the case of a non-profit clinic, if the vaccine is
administerd[administered] by other than a veterinarian, that person
must be employed by or work at a veterinary practice. A licensed
veterinarian shall be on site at all times any clinic is in
operation.
b. Records:
1. Rabies vaccination certificates
signed by a licensed veterinarian and rabies tags shall be provided
for all domestic pets and wolf-hybrids vaccinated at rabies
vaccination clinics.
2.
Copies of all the rabies vaccination certificates issued at the
clinic will be provided to the municipal clerk of the municipality
where the clinic is conducted. The clerk shall maintain these records
for a minimum of three years or allow a veterinarian to maintain the
records under the clerk's supervision.
Section 4 Enforcement
A civil penalty up to $ 500.00 per violation of these
rules may be imposed by an officer designated by the commissioner in
accordance with
20
V.S.A. §
3550.