Md. Code Regs. 10.06.02.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.06.02.02 - Definitions

A. In this chapter, the following terms have the meanings indicated

B. Terms Defined.

(1) "Adequately vaccinated" means a graduate veterinarian at a public antirabies clinic or a licensed veterinarian has:

(a) Immunized an animal against rabies in accordance with the current year's recommendations as circulated by the Department; and

(b) Documented the rabies immunization by issuing a valid rabies certificate.

(2) "Animal" means a nonhuman species of mammal.

(3) "Animal exposed to a rabid animal" means an animal that is known or is suspected to have had a bite from or non-bite contact with another animal that is known or suspected to be infected with rabies.

(4) "Apparently healthy" means an:

(a) Animal shows no signs of illness suggestive of rabies; and

(b) Investigation by the local health officer or the health officer's designee shows that:

(i) The animal has not had a change in health or behavior in the past 30 calendar days, including but not limited to lethargy, lameness, weakness, slowness of movement or gait, paralysis, or loss of appetite; or

(ii) A licensed veterinarian, having examined the animal more than 30 days before the bite or non-bite contact, has identified and documented that behavior or health changes were caused by a condition unrelated to rabies.

(5) "Area quarantine" means a geographic region designated by the Public Health Veterinarian within which animals of a species designated by the Public Health Veterinarian are subject to the restrictions specified in this chapter.

(6) "Bite contact means penetration of the skin by the teeth of an animal, regardless of whether blood is visible.

(7) "Cat" means Felis catus.

(8) "Custodian" means a caretaker or keeper of an animal, or the local animal control authority who has responsibility for an unclaimed animal.

(9) "Department" means the Department of Health and Mental Hygiene.

(10) "Department-approved facility" means a facility that has prior written approval of the Department to quarantine rabies suspect animals.

(11) "Dog" means Canis familiaris, not including canine hybrids.

(12) "Domestic animal" means a species of mammal that is accustomed to living in or about the habitation of man and is dependent on man for food or shelter, including but not limited to dogs, cats, ferrets, and livestock.

(13) "Feral dog or cat" means a dog or cat that:

(a) Shows no evidence, such as a collar, tag, or grooming, of being owned; and

(b) Exhibits savage or wild behavior or is living in the wild.

(14) "Ferret" means Mustela putorius furo.

(15) "Livestock" means domestic farm animals, including but not limited to cattle, horses and other equines, swine, sheep, and goats.

(16) "Local animal control authority" means that agency or individual appointed by the governing body of a county or the city of Baltimore to oversee animal control.

(17) "Local health department" means a county health department under the direction of a local health officer or the Baltimore City Health Department under the direction of the Baltimore City Commissioner of Health.

(18) "Local health officer" means the local health officer of a county or the Baltimore City Commissioner of Health, or the designee of the local health officer or the Commissioner of Health.

(19) Non-Bite Contact.

(a) "Non-bite contact" means a scratch or contamination of an abrasion, open wound, or mucous membrane with saliva or other potentially infectious material from an animal.

(b) "Non-bite contact" does not include exposure to non-infectious material such as dried saliva.

(20) "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind, and any partnership, firm, association, corporation, or other entity.

(21) "Provoked" means that bite or non-bite contact from an animal resulted from human activity, such as an individual attempting to play with, pet, feed, handle, hold, harm, or redirect an animal's actions.

(22) "Public Health Veterinarian" means the veterinarian designated by the Secretary as responsible for the Veterinary Public Health Program of the Department or the designee of the Public Health Veterinarian.

(23) "Quarantine" means, pursuant to an order of the Public Health Veterinarian or local health officer and on the private premises of the owner or custodian of the animal or at a Department-approved facility, confinement of an animal by leash, an escape-proof enclosure, or another manner, approved in writing by the Public Health Veterinarian or local health officer, that ensures protection of the public health.

(24) "Rabies" means an acute viral disease in humans and animals produced by a rhabdovirus belonging to the genus Lyssavirus.

(25) "Risk assessment means the evaluation of the circumstances surrounding a bite or non-bite contact to determine the likelihood that an individual has been exposed to material potentially infectious with rabies.

(26) "Secretary" means the Secretary of Health and Mental Hygiene.

(27) "Serologic monitoring" means monitoring of a dog or cat that was previously vaccinated against rabies to see if the animal demonstrates sufficient evidence of an immune response within seven days of being vaccinated against rabies.

(28) "State Epidemiologist" means the person designated as the State Epidemiologist by the Secretary or the designee of the State Epidemiologist.

(29) "Strict quarantine" means that:

(a) An animal is confined in an escape-proof enclosure that precludes direct contact with people and other animals;

(b) The animal is not removed from the enclosure at any time except for transport in a manner, approved in writing by the local health officer, that will safeguard the public health;

(c) Human contact with the animal is restricted to one adult caring for the animal or not allowed at all by the local health officer or Public Health Veterinarian; and

(d) The owner or custodian of the animal has signed an agreement with the local health department or animal control authority that the owner or custodian has met and agrees to meet the requirements specified in §B(28)(a)-(c) of this regulation.

(30) "Unclaimed stray animal" means a domestic animal that is:

(a) Not a feral dog or cat; and

(b) Unclaimed by an owner after being held by the local animal control authority at least 72 hours for an owner to claim it.

(31) "Wild animal" means a member of a mammalian species that is:

(a) Not a domestic animal;

(b) A feral dog or cat; or

(c) An unclaimed stray animal.

Md. Code Regs. 10.06.02.02

Regulations .02 adopted effective November 16, 1998 (25:23 Md. R. 1696)
Regulation .02B amended as an emergency provision effective January 1, 2008 (35:3 Md. R. 286); emergency status extended at 35:9 Md. R. 892; amended permanently effective March 24, 2008 (35:6 Md. R. 698)
Regulation .02 amended effective 42:18 Md. R. 1174, eff.9/14/2015; amended effective 43:03 Md. R. 272, eff.2/15/2016; amended effective 44:4 Md. R. 253, eff. 2/27/2017