BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 32.3.1201, reporting rabies; 32.3.1202, rabies quarantine; 32.3.1203, isolation of rabid or suspected rabid animals; and 32.3.1204, isolation of biting animals; and the repeal of ARM 32.3.1206, stray or ownerless animals

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NOTICE OF PROPOSED AMENDMENT AND REPEAL   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On July 12, 2014, the Department of Livestock proposes to amend and repeal the above-stated rules.

 

2. The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Livestock no later than 5:00 p.m. on June 23, 2014, to advise us of the nature of the accommodation that you need. Please contact Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; telephone: (406) 444-9321; TTD number: 1 (800) 253-4091; fax: (406) 444-4316; e-mail: cmackay@mt.gov.

 

3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            32.3.1201 REPORTING RABIES (1) Any person having knowledge of an animal known to have or suspected of having rabies shall report the facts an accurate description immediately to the state veterinarian or to a deputy state veterinarian.

(2) Any person having knowledge of any animal or person having been bitten by a dog or other animal known to have or suspected of having rabies shall report the facts an accurate description immediately to the nearest health officer and to the state veterinarian or a deputy state veterinarian. 

 

AUTH: 81-2-102, 81-2-103, MCA

IMP:  81-2-102, 81-2-103, 81-2-107, MCA

 

            32.3.1202 RABIES QUARANTINE (1) When rabies is known to exist within an area, the Montana Department of Livestock, Animal Health Division, shall, by order of the state veterinarian, establish a rabies quarantine area and shall define the boundaries of the quarantine area and specify the animals subject to quarantine, and all such animals within the quarantine area shall be kept in strict confinement upon the private premises of the owner, keeper or harborer at all times until the quarantine is terminated by the Montana Department of Livestock, Animal Health Division.

            (2) The area shall be quarantined for a period of not less than 60 days from the date of the last known case of rabies or as much longer as in the judgment of the Board of Livestock seems reasonable and necessary; provided, however, that any dog or other animal under quarantine having been properly immunized against rabies under official supervision may be released from the quarantine area after a period of 14 28 days from date of vaccination.

            (3) remains the same.

 

AUTH: 81-2-102, 81-2-103, MCA

IMP:  81-2-102, 81-2-103, MCA

 

            32.3.1203 ISOLATION OF RABID OR SUSPECTED RABID ANIMALS

            (1) Any rabid or clinically suspected rabid animal must be isolated in strict confinement under proper care and under observation of a deputy state veterinarian, in a pound, veterinary hospital, or other adequate facility in a manner approved by the state veterinarian. If professional veterinary evaluation warrants, the animal may be humanely destroyed and the brain or other appropriate tissues handled in accordance with ARM 32.3.1207. The animal may must be handled in accordance with the National Association of State Public Health Veterinarians, Inc. (NASPHV) compendium of animal rabies control or other subsequently developed scientifically acceptable procedure recognized by the National Association of State Public Health Veterinarians, Inc. (NASPHV).

(2) A list of those scientifically acceptable procedures recognized by the National Association of State Public Health Veterinarians, Inc. (NASPHV) under subsection (1) is available without charge upon request to the office of the state veterinarian may be obtained for a fee from the Bureau of Communicable Disease Control, New York State Department of Health, Empire State Plaza, Corning Tower, Room 651, Albany, New York 12237. 

 

AUTH: 81-2-102, 81-2-103, MCA

IMP:  81-2-102, 81-2-103, MCA

 

            32.3.1204 ISOLATION OF BITING ANIMALS (1) Upon consideration of the discretion and advice of the local health officer as defined in ARM 37.114.101, any dog, cat, or ferret, regardless of current rabies vaccination status, animal which bites or otherwise exposes a person must may be confined and observed isolated in strict confinement at an animal shelter, veterinary facility, or other adequate facility in a place and manner as described in ARM 32.3.1203 and observed for at least ten days from the date of exposure after the day of infliction of the bite.

            (2) In officially quarantined rabies areas the isolation described in (1) shall be mandatory for any animal of a species subject to rabies that has bitten or otherwise exposed a person or other animal.

            (3) (2) If any sign of illness develops in the isolated animal, it is to be evaluated by a licensed deputy state veterinarian and if in his their judgment it is warranted, the animal may be humanely destroyed and the brain or other suitable tissue tested in a qualified laboratory for rabies. Any stray or unwanted wild or domestic animal that bites a person may be killed immediately and the head submitted to a laboratory for a rabies examination.

(3) Any dog, cat, or ferret that is subject to confinement and observation under (1) and that does not have a current rabies vaccination, may not be vaccinated during the ten-day confinement period. 

 

AUTH:  81-2-102, 81-2-103, MCA

IMP:  81-2-102, 81-2-103, MCA

 

4. The department proposes to repeal the following rule:

 

32.3.1206 STRAY OR OWNERLESS ANIMALS

 

AUTH: 81-2-102, 81-2-103, MCA

IMP:  81-2-102, 81-2-103, MCA

 

Reasonable Necessity: Both the Department of Livestock and the Department of Public Health and Human Services have administrative rules that address management of dogs that bite humans. During a recent discussion it was noted that there was a discrepancy between the two rules.  We propose this rule change primarily to address that discrepancy by standardizing the language between the rules.

 

We propose updated language that is more consistent with the Compendium of Animal Rabies Prevention and Control.  We also propose to repeal a rule that is inconsistent with current department policy regarding the quarantine of areas following the diagnosis of rabies in an area.

 

5. Concerned persons may submit their data, views, or arguments in writing to Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001, by faxing to (406) 444-1929, or by e-mailing to MDOLcomments@mt.gov to be received no later than 5:00 p.m., July 10, 2014.

 

6. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make a written request for a hearing and submit this request along with any written comments they have to the same address as above. The written request for hearing must be received no later than 5:00 p.m. July 10, 2014.

 

7. If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a public hearing will be held at a later date. Notice of the public hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be more than 25, based upon the population of the state.

 

8. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 5 above or may be made by completing a request form at any rules hearing held by the department.

 

9. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

11. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment and repeal of the above-referenced rules will not significantly and directly impact small businesses.

 

 

DEPARTMENT OF LIVESTOCK

 

BY:      /s/ Christian Mackay                                    BY:      /s/ Robert Stutz

            Christian Mackay                                                     Robert Stutz

            Executive Officer                                                     Rule Reviewer

            Board of Livestock

            Department of Livestock

 

Certified to the Secretary of State June 2, 2014.