Section 4-29-13 - Removal from animal quarantine stations(a) Dogs, cats, or other carnivores may be removed from the animal quarantine station or a satellite quarantine station prior to the expiration of their quarantine period only under the following circumstances: (1) Release from the quarantine station for export from the State, upon payment in full of all accrued fees;(2) Release to a hospital holding a valid permit under subsection (b), provided that the animal is identified with an electronic microchip, implanted at the owner's expense. Electronic microchip implantation may be waived by the quarantine manager when emergency hospitalization is required;(3) Temporary release under a performance permit granted under subsection (c); or(4) Temporary release under a skills maintenance training permit granted according to section 4-29-15(b). (b) Approval of private veterinary hospitals to care for quarantine animals. (1) A veterinary hospital may qualify for and retain a permit to hospitalize animals under quarantine only if it meets the following requirements:(A) The entrance for quarantined animals shall be separate from that used for other animals;(B) Hospitals shall be equipped with runs or cages, or both, which have latches or closures which cannot be opened by the confined animal, and shall keep the animal in such a kennel or cage at all times except when taken out for purposes of medical or surgical treatment, for diagnostic procedures, or for transportation back to the animal quarantine station or satellite quarantine station;(C) Dogs may also be allowed out of their kennels or cages for exercise in runs, provided the runs shall be completely enclosed with an escape-proof material with mesh no larger than two inches by two inches and shall be equipped with latches or closures which cannot be opened by the confined animal;(D) Dogs and cats shall not be taken outside the hospital building except in areas completely enclosed with an escape-proof material contiguous with the hospital building;(E) Each kennel and run shall be designed to prevent all physical contact with animals in adjacent kennels or runs;(F) To prevent unauthorized removal of quarantined animals, a hospital employee shall be on the premises twenty-four hours a day or the premise shall have a professionally installed, functional, and certified intruder alert system;(G) Each hospital shall conduct annual training sessions for its employees in the recognition of symptoms associated with rabies. The training program must be approved by the state veterinarian, and a record of the date, time, and persons attending the training session shall be submitted, at the end of June of each year, to the state veterinarian;(H) Employees shall immediately take steps to preserve the carcasses of quarantined animals which have died and shall immediately notify the animal quarantine manager, who shall arrange the removal of the carcass by an inspector to the state veterinary laboratory for post-mortem examination;(I) In the event of escape or unauthorized removal of quarantined animals, the hospital shall notify the animal quarantine manager immediately and shall be responsible for costs incurred by the State in the investigation and in the recovery of the animals;(J) The hospital shall allow unannounced inspection by an inspector twenty-four hours a day, seven days a week. An inspector may conduct an unannounced inspection to verify that a hospital employee is present. The inspector shall be allowed immediate entry into the hospital to verify the presence of any quarantined animal by visual or electronic means;(K) The hospital staff on islands other than Oahu shall provide transportation of a quarantined animal between a neighbor island airport and the approved veterinary hospital destination;(L) No hospital shall release or allow release, at any time, of any quarantined animal in its custody without the written permission of the animal quarantine manager;(M) Requests for direct hospital release shall be submitted in writing a minimum of two weeks prior to the scheduled release date. The hour of release shall be at the discretion of the animal quarantine manager;(N) Trained hospital staff shall observe and evaluate every quarantined animal under the hospital's care for signs of rabies on a daily basis(O) Immediately upon completion of treatment, surgery, or examination, the veterinarian in charge shall notify the animal quarantine station or satellite animal quarantine station that quarantined animals, together with a legibly completed "Report of Hospitalization/Satelite Quarantine", dated 11/97, which is made a part of this chapter and a copy of which is attached at the end of this chapter, are ready for return;(P) The veterinarian in charge shall promptly notify the state veterinarian of any births, including sex and number of offspring, to any quarantined animal in the hospital's custody and shall ensure that the requirements of section 4-29-16 are met; and(Q) The veterinarian in charge of an approved hospital on an island other than Oahu shall scan all newly arriving quarantine animals for an electronic microchip and notify the animal quarantine manager within twenty-four hours of the animal's arrival;(2) A permit for private hospitals to care for quarantined animals shall be obtained from the board of agriculture. The board may delegate its authority to issue such permits to the chair-person. Applicants shall request such a permit in writing from the animal quarantine manager, stating the name and address of the hospital. The request shall be signed by the owner or chief executive officer of the private hospital. Following an inspection of the hospital premises, the animal quarantine manager shall recommend to the board that the permit be issued or denied. In the event that an aplication is denied, the provisions of chapter 4-1, subchapter 4, shall apply. The veterinarian in charge of the hospital shall promptly notify the state veterinarian of any change of ownership of the hospital. Permits are non-transferable and are void with the change of ownership of the hospital; and (3) A hospital's failure to comply with these rules may result in revocation of its permit to hospitalize animals under quarantine, as well as subjecting the permittee to the other penalties provided in this chapter and chapter 142, HRS. A hospital whose permit is subject to revocation may request a hearing as provided in section 91-9, HRS. Requests for a hearing shall be received by the chairperson within ten calendar days after receipt of the written notice of intent to revoke the permit. Pending such a hearing and a final decision, the hospital may not treat or hospitalize additional quarantined animals not already confined to the hospital. If no request for a hearing is received within ten days, the revocation shall become final on the eleventh day and no quarantined animals may remain on the premises.(c) Special purpose permits for performing animals.(1) Special purpose permits for performing animals may be obtained from the chairperson of the board of agriculture and shall be obtained at least fourteen days in advance of importation. Written requests shall be submitted to the animal quarantine manager. The request shall include the breed, name, age, sex, and color of the animals for which the permit is requested; the owner's name, local address, and telephone number, and a list of the dates on which the vaccinations required by section 4-29-8 were administered; and proposed travel and performing itineraries. If any changes are to be made in either itinerary, the owner or handler shall notify the quarantine station, in writing, no less than twenty-four hours in advance;(2) Under a special purpose permit for performing animals, performing dogs and cats shall be allowed to leave an animal quarantine station or an approved hospital for the purpose of performing under the following circumstances only: (A) The animals shall be brought into the State solely for the purpose of performing;(B) Animals may leave a quarantine station or approved hospital only at the times and to go to the locations listed on the permit;(C) The animals shall be accompanied by a special duty police officer whenever they are off a quarantine station, or approved hospital grounds. The special duty police officer shall maintain communication with the animal's trainers or handlers, and surveillance over the animals, at all times, and shall transport or accompany the animals to and from the performance location;(D) A permit may be issued for performances on a neighbor island provided that the animals are housed at a satellite quarantine station or approved hospital when not performing or in transit, and provided that a special duty police officer transports or accompanies the animals and provides continuous communication with the animals' trainers or handlers, and surveillance of the animals, when the animals are off the premises of a satellite quarantine station or an approved hospital;(E) The performance animals shall not come into physical contact with non-quarantined dogs, cats, or other carnivores, or cause a potential human exposure, at any time. Performance animals that come into physical contact with non-quarantined animals or cause a potential human exposure shall not be permitted to perform and shall be subject immediately to a minimum ten-day rabies observation period at the animal quarantine station. In the event that the animal's handler loses control of the animal and the animal is not visible to an inspector or special duty police officer for any length of time, the animal will be presumed to have come into contact with another non-quarantined dog, cat, or other carnivore or to have caused a potential human exposure, and the provisions of this subparagraph shall apply; and(F) All costs incurred for supervision, surveillance, quarantine, transportation, and care of performing animals, including the wages, overtime, and fringe benefits of the inspectors or special duty police officers who accompany the animals, shall be paid by the owner or the owner's agent. The owner or the owner's agent shall also agree in writing, before the animal enters the State, to assume all liability in connection with, and to defend and indemnify the State or any county of the State against all charges, claims, suits, and costs resulting from the importation, performances, surveillance, quarantine, escape, recapture, and handling of the performing animals; and(3) Performing carnivores other than dogs and cats are subject to the provisions of chapter 4-20, in addition to those of this chapter. Performing carnivores other than dogs and cats may be housed outside of the animal quarantine station or a satellite quarantine station at a location approved by the state veterinarian. Such a location shall be at the location of the performances and shall be secured by barriers to prevent public access. Animals shall be confined to cages when not performing. A special duty police officer shall be present at the location for the duration of the permit. (d) Trained guard, scout, detector, or police dogs in quarantine shall remain within the perimeter of the quarantine station property at all times. Training will be limited to facilities of the division of animal industry in Halawa. For the purposes of training, the perimeter of the quarantine station property shall be considered the fence along Halawa Valley Street on the north and west and the quarantine station perimeter fence on the south and east. (1) In the event of an incident which requires the temporary removal of a dog from the quarantine station to safeguard the health and safety of persons or the safety of property, the dog may be removed under the supervision of the commanding officer of that law enforcement unit for the purpose of employing its skills during that incident. The dog shall be returned to the quarantine station immediately after the incident is over. Approval for such temporary removal shall only be granted by the state veterinarian directly to the commanding officer of that law enforcement unit. Any physical contact with animals or potential human exposure shall be reported immediately to the state veterinarian, and the dog shall be confined at the quarantine station for a minimum of ten days for observation; and(2) Military working dogs and law enforcement dogs owned by the federal government shall either be quarantined at the quarantine station pursuant to this chapter or shall be housed at a federal facility operated In conformance with standards at least equivalent to those at the quarantine station. In the event of an incident which requires the temporary removal of a dog from the quarantine station or a satellite quarantine station, the dog may be removed under the supervision of the commanding officer of that law enforcement unit for the purpose of employing its skills during that incident.[Eff 03/18/93; am and comp 05/23/97; am and comp 07/10/00; am and comp 06/30/03; am and comp 02/12/04; am and comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS § 142-3)