007.49.24 Ark. Code R. 001

Current through Register Vol. 49, No. 12, December, 2024

Rule 007.49.24-001 - Rules Pertaining to Rabies Control

SECTION I.AUTHORITY

The following Rules Pertaining to Rabies Control are duly adopted and promulgated by the Arkansas State Board of Health pursuant to the authority expressly conferred by the Laws of the State of Arkansas, including, without limitation, Ark. Code Ann. § 20-7-101 et seq. and Ark. Code Ann. §§ 20-19-301 -312.

SECTION II.DEFINITIONS

The following terms are defined for the purpose of these Rules:

A. Cat: Any domestic feline animal, species Felis Catus.

B. Dog: Any domestic canine animal, species Canis Lupus Familiaris.

C. Has been bitten: The skin has been penetrated by an animal's teeth and saliva has contacted a break or abrasion of the skin.

D. Owner: Any person who:

1. Has a right of property in a dog, cat, or other animal;

2. Keeps, harbors, cares for, or acts as the custodian of a dog, cat, or other animal; or

3. Knowingly permits a dog, cat, or other animal to remain on or about any premises occupied by him or her.

E. Other animal: Any warm-blooded animal, dogs and cats excepted, which may be affected by rabies.

F. Vaccination against rabies: The injection, subcutaneously or otherwise, of antirabic vaccine, as approved by the U.S. Department of Agriculture or Arkansas State Board of Health, and administered by a licensed veterinarian, veterinary technician, veterinary technologist, veterinary technician specialist, or agent of the Health Department.

G. Quarantine

1. Quarantine of dogs and cats suspected of having rabies. The complete confinement and observation in a secure cage or enclosure free from human contact for a period of ten (10) days.

2. Quarantine of an area. All dogs and cats, vaccinated or unvaccinated, at all times during a specified period will be kept in a cage, pen or enclosure, and exercised on a leash. Stray dogs and cats will be apprehended and humanely destroyed in accordance with local ordinance.

H. Special circumstances: Bites upon the head, face, neck or upper extremities; deep lacerations; multiple bite wounds inflicted by unvaccinated dogs, cats or other animals.

I. Confinement, quarantine and observation

1. Dogs and cats: Health authorities of the state, county and city, and law enforcement officers, have the authority to order confinement, quarantine and observation of any dog or cat which has bitten a human that has not received a current vaccination against rabies or it is unknown if the dog, cat, or other animal has received a vaccination against rabies. If the dog, cat, or other animal has received a current vaccination against rabies and the owner provides proof of the current vaccination, the owner may confine and observe the dog, cat, or other animal. Confinement may be in a public pound or a licensed veterinary hospital. When appropriate facilities for confining a dog, cat, or other animal that has not received a current vaccination against rabies or that it is unknown if the dog, cat, or other animal has received a vaccination against rabies are not available, it is the owner's responsibility to prepare and maintain satisfactory confinement facilities. The dog or cat will be quarantined from contact with other animals and humans. Local public officials acting in cooperation shall ensure the dog or cat is confined and observed for a period of ten (10) days from the date the person was bitten. Alternately, the animal may be humanely euthanized and tested for rabies at the Public Health Laboratory. Quarantined animals may be treated by a veterinarian, but rabies vaccine shall not be administered to the animal until the quarantine period is complete. The dog or cat is not to be revaccinated, sold, transferred, destroyed, or otherwise disposed of. If the dog or cat dies or is killed during the 10-day observation period, intentionally or unintentionally, the head shall be shipped immediately to the Public Health Laboratory as outlined in SECTION II.J. The owner is responsible for all costs, including confinement fees, veterinary fees and transportation costs. At the end of the l0-day observation period, if the dog or cat shows no signs of illness compatible with rabies, and if the dog or cat does not have a record of current vaccination status, it will be vaccinated against rabies by a licensed veterinarian prior to release. Dogs or cats having current rabies vaccination need not be revaccinated upon release.

2. Other animals: The incubation period of rabies in all other animals is variable and a specific period of confinement is not practical. If there is no known incubation period, the animal may be euthanized and tested at the discretion of the Department of Health. Consult health authorities for detailed instructions.

J. Shipment to the public health laboratory for tests for diagnosis of rabies.

1. For dogs, cats, skunks, foxes, raccoons, opossums, coyotes, wolves and similarly sized animals, ship the head only.

2. Ship entire carcass of small size animals such as rats, mice, chipmunks, squirrels, bats, etc.

3. Ship to the Arkansas Department of Health, Public Health Laboratory, 201 So. Monroe, Little Rock, Arkansas 72205, in the special rabies specimen buckets and boxes supplied by the Laboratory and distributed to all local health units. Because a human life may be endangered, and because early diagnosis of rabies is highly advantageous in selecting treatment for the victim, the fastest and most direct transportation is encouraged. This can be accomplished by personally transporting the animal head to the Laboratory. If private transportation is not available, the specimen may be taken to a local health unit to be transported to the Public Health Laboratory. The specimen must be delivered to the local health unit in a timely fashion. Any veterinary fees, and all transportation costs, are the responsibility of the owner. When ownership is not established, these costs are the victim's responsibility. There may be a charge by the Public Health Laboratory for the examination of an animal brain for rabies.

4. It is essential that all information relative to the possible rabies exposure accompany the rabies specimen.

This includes the complete name, address and phone number of the exposed individual, the owner, the physician and veterinarian attending the case. This information is available when the Rabies Sample Submission Form HL-12 (which is included in each rabies specimen box) is completely and accurately filled out. The Public Health Laboratory will report its findings by the most expeditious means to the submitter.

5. Brain or head only, large animals. Livestock and farm animals present a different situation. Entire carcasses must not be sent to the Public Health Laboratory at Little Rock, Arkansas. The attending licensed veterinarian should remove the brain and ship it in the special rabies specimen container as outlined in SECTION II.J.3 Otherwise, it is the owner's responsibility to transport the head only, packed in wet ice, not dry ice, placed in a plastic bag in a leakproof container, to the Public Health laboratory. The shipment of large animal heads to the Laboratory is very unsatisfactory and dangerous.

SECTION III.VACCINATION

A. Initial Vaccination: The owner of every dog or cat four (4) months of age or older shall have the animal vaccinated against rabies. Vaccination at a younger age should be in accordance with the labels of USDA licensed rabies vaccines. Unvaccinated dogs or cats more than four (4) months of age, that are acquired or moved into the state must be vaccinated within thirty (30) days of purchase or arrival, unless there is documented evidence of current vaccination.

B. Revaccination: The owner of every dog or cat shall have the animal revaccinated during the twelfth (12) month after initial vaccination. Thereafter, the interval between revaccinations should conform to the Compendium of Animal Rabies and Control, 2008, Part III: Rabies Vaccines Licensed and Marketed in the U.S., published by the National Association of State Public Health Veterinarians, Inc. (Appendix A).

SECTION IV.COMPLIANCE

A. Those responsible for complying:

1. Public health personnel.

2. Medical and veterinary medical practitioners.

3. Owners, as defined in SECTION II.D.

4. Law enforcement personnel.

5. Persons bitten by dogs, cats or other animals, or, in the case of a minor, the parents or guardian of the minor.

B. Violations considered as non-compliance:

1. Failure to have dogs or cats vaccinated against rabies.

2. Failure to control and confine dogs, cats or other animals which have been involved in biting incidents and which have not received a current vaccination against rabies or which it is unknown if the dog, cat, or other animal has received a current vaccination against rabies.

3. Resisting, obstructing or impeding an authorized officer enforcing the law.

4. Failure, refusal or neglect by an officer to carry out the provisions of the law.

5. Failure to notify health authorities and failure to comply with written instructions of health authorities regarding animal bites.

C. Penalty for non-compliance:

1. Every firm, person, or corporation who violates any of the rules issued or promulgated by the State Board of Health may be assessed a civil penalty by the board. The penalty shall not exceed one thousand dollars ($1,000) for each violation. Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation.

SECTION V.PROCEDURES WHEN HUMAN IS BITTEN BY DOG OR CAT

A. When a dog or cat is a rabies suspect:

1. In "Special circumstances", as defined in SECTION II.H., the Director of the Arkansas Department of Health, or his or her designated representative, may advise the immediate euthanasia of the dog or cat and expeditious shipment of the head to the Public Health Laboratory for diagnosis of rabies. Costs for euthanasia and for transportation are borne by the owner.

2. When ownership of the dog or cat is established, the dog or cat, vaccinated or unvaccinated, will be confined, quarantined and observed as outlined in SECTION II.G.1 However, with the owner's consent, the dog or cat may be euthanized and the head shipped as outlined in SECTION II.J.

3. Stray dogs or cats, or where ownership cannot be established, will be euthanized and the head shipped in accordance with SECTION II.J. All veterinary fees, including euthanasia and transportation costs, are the responsibility of the victim or, if a minor, by the victim's parents or guardian.

SECTION VI.PROCEDURES WHEN A HUMAN IS BITTEN BY OTHER ANIMAL

A. Wild animals.

1. A wild animal should be humanely destroyed and the head or brain shipped as outlined in SECTION II.J. Care should be taken not to damage the head because the brain is used by the Laboratory to perform the examination for rabies.

B. Domesticated wild animals.

1. Since the incubation period in animals other than dogs or cats is variable, euthanasia of such domesticated wild animals may be necessary even when they have been vaccinated against rabies. Immediate shipment of the head to the Public Health laboratory, in accordance with SECTION II.J., should be accomplished.

C. Domestic animals.

1. Human exposure to domestic livestock afflicted with rabies often presents a dangerous situation. Medical attention and treatment are necessary. Consult with health authorities for instructions.

D. Domesticated caged pets

1. A bite from a domestic caged pet does not constitute an exposure to rabies. Animals in this classification are guinea pigs, white rats and mice, hamsters, gerbils and rabbits.

SECTION VII.HUMAN POST-EXPOSURE TREATMENT

A. The bite of any warm-blooded animal in Arkansas may be a potential source of rabies. An animal bite exposure to a human requires the immediate attention of a physician who must decide whether antirabies treatment is indicated. If so, the most effective treatment for the type of exposure must be administered. The Health Department is available for consultation and risk assessment of animal bites.

SECTION VIII.PROCEDURES WHEN DOMESTIC DOG OR CAT IS EXPOSED TO RABIES

A. Vaccinated dogs or cats shall be revaccinated immediately and restrained by the owner. This shall be done by complete confinement and observation in a secure cage or enclosure for a period of at least forty-five (45) days, or the animals may be euthanized as a precaution.

B. Unvaccinated dogs or cats either shall be euthanized immediately OR confined, quarantined and observed as outlined in SECTION II.G. except that the period will be for six (6) months, and animals will be vaccinated against rabies at least thirty (30) days prior to release. The owner is responsible for all costs.

SECTION IX.PROCEDURES WHEN DOMESTIC ANIMAL OTHER THAN DOG OR CAT IS EXPOSED TO RABIES

Report should be made to the Arkansas State Public Health Veterinarian for consultation concerning disposition of the animal.

SECTION X.AREA QUARANTINE

A. Upon request of the proper local officials, a municipality, township, county or undesignated area may be placed under quarantine by the Director of the Department of Health as outlined in SECTION II.G.2.

B. In serious situations, the Director of the Department of Health may place an area under quarantine without waiting for local request.

C. The occurrence of three or more cases of positive rabies in animals, confirmed by the official Health Department Laboratory in Little Rock, Arkansas, is sufficient basis for placing an area under quarantine.

D. The proper officials of a government unit may require additional measures to supplement the quarantine of an area in serious situations where there is a possibility that rabies may spread to other animals and constitute a dangerous health hazard for the citizens of the State. These additional measures will be supplied by the Health Department.

SECTION XI.SEVERABILITY

If any provision of these Rules, or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of these Rules which can give effect without the invalid provisions or applications, and to this end the provisions hereto are declared to be severable.

SECTION XII.REPEAL

All Rules and parts of Rules in conflict herewith are hereby repealed.

CERTIFICATION

This will certify that the foregoing revisions to the Rules Pertaining to Rabies Control were adopted by the State Board of Health of Arkansas at a regular session of said Board held in Little Rock, Arkansas, on the 25th day of January, 2024.

Jennifer Dillaha, MD

Secretary of Arkansas State Board of Health

Director of the Arkansas Department of Health

APPENDIX A

Click here to view image

007.49.24 Ark. Code R. 001

Compendium of Animal Rabies Prevention and Control, 2008, published by the National Association of State Public Health Veterinarians, Inc.

Adopted by Arkansas Register Volume 49, Number 12, Effective 11/28/2024