CHAPTER 420-4-4

TABLE OF CONTENTS
420-4-4-.01     Purpose
420-4-4-.02     Definitions
420-4-4-.03     Nuisance Menacing Public Health
420-4-4-.04     Reporting of Exposures
420-4-4-.05     Investigation of Reports
420-4-4-.06     Evidence of Immunization
420-4-4-.07     Extra-label use of Animal Antirabies Vaccines
420-4-4-.08     Exceptions to Veterinary Confinement & Quarantine
420-4-4-.09     Adoption of National Compendium
 

420-4-4-.01  Purpose:
The purpose of these rules is to provide administrative details and clarify procedures for the prevention and control of rabies.
Author: William B. Johnston, D.V.M.
Statutory Authority: CodeofAla.1975,§§3-7A-15;22-2-2(6).
History: Original rule filed September 19, 1997, effective November 4, 1997.

420-4-4-.02  Definitions.
Dogs and cats are defined by the latest taxonomic references according to the International Commission on Zoological Nomenclature, the American Society of Mammologists, and the Smithsonian Institute (Mammal Species of the World: A Taxonomic and Geographic Reference). Also, “...in the exposure context” includes dogs and cats under three months of age. With two of the last three rabid dogs being six and seven weeks old, we cannot ignore the biting animal under three months of age. Definitions of “domestic” animals and “hybrid cross” animals correlates with the Code of Federal Regulations and the Model Regulations for States, prepared by the Southeastern Wildlife Disease Study and endorsed by 114 state, national, and international animal-related groups and organizations.

(1)   “Animal” means any non-human mammal of the Kingdom Animalia.
(2)   “Cat” means any live or dead member of the domesticated feline (Eelis catus) family of any age or any cat-hybrid cross, in the exposure context.
(3)   “Dog” means any live or dead member of the domesticated dog (Canis lupus familiaris) family of any age or any dog-hybrid cross, in the exposure context.
(4)   “Domestic animal means animals which, through association with humans, have been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that make them unique and distinguishable from wild individuals of their species.
(5)   “Extra-label use of vaccine” means the use of an animal vaccine in a species that is not specified on the product label or product insert.
(6)   “Hybrid-cross” means an animal resulting from the crossbreeding between two different species or types of animals. Crosses between wild animal species, such as lions and tigers, are considered to be wild animals. Crosses between wild animal species and domestic animals, such as dogs and wolves or buffalo and domestic cattle, are considered to be domestic animals.
(7)   “NASPHV” means the National Association of State Public Health Veterinarians, Inc.
(8)   “Wildlife” means animals (which are either native or exotic) normally living in the wild, other than those defined as domestic, including mammals, birds, reptiles, amphibians, and fresh water fish.
Author: William B. Johnston, D.V.M.
Statutory Authority: Code of Ala. 1975, §§3-7A-1, et seq.; 22-2-2(6); Code of Federal Regulations, Title 9, Chapter I.
History: Original rule filed September 19, 1997, effective November 4, 1997.

420-4-4-.03  Nuisance Menacing Public Health.
Provides for declaring packs of roaming animals or dogs and cats without responsible owners (unvaccinated) to be a public health nuisance to be abated under Code of Alabama. 1975, 22-10-1-3.

The Board decides that all unvaccinated dogs and cats of any age which have exposed human beings are declared a nuisance menacing public health.
Author: William B. Johnston, D.V.M.
Statutory Authority: Code of Ala. 1975, §§3-7A-1, et seq.; 22-10-2; Code of Federal Regulations, Title 9, Chapter I.
History: Original rule filed September 19, 1997, effective November 4, 1997.
 

420-4-4-.04  Reporting of Exposures.
Formerly, there was no designation of WHO, WHEN, or HOW to report bites. WHO: Some  interpretations of the statute maintain that a victim must go to a physician before an official report is accepted. In a state where 20% of the residents are without health insurance and up to 30% of children under twelve cannot afford to go to a doctor, accepting that proposition is almost negligent. In a 1994 national rabies control survey (JAVMA, May 15, 1996, Vol. 108, No. 10), only five states restricted reporting of exposures to physicians, nurse practitioners, or physician assistants. The rules will provide that any health care professional (including veterinarians) and any law enforcement official (including animal control personnel) must report. They also provide that anyone having knowledge of an exposure should report and that victims need not be examined or treated by a physician before the report is made. WHEN AND HOW: Technically, our law only requires reporting of dog and cat bites. Obviously, it is probably more important to report exposures to raccoons, bats, foxes, skunks, and other wildlife in Alabama than domestic dogs and cats. The new rules require reporting of exposures by any non-human mammal within 48 hours by written notice, telephone, or any reliable telecommunication system (e.g., fax, e-mail).

The cornerstone of any successful rabies control program requires that exposures to humans by animals capable of transmitting the rabies virus be properly reported to local public health authorities.
(l)   Who Must Report. Any health care professional who treats an animal bite or exposure, any veterinarian who has knowledge of an animal bite or exposure, and any law enforcement personnel, including animal-control officials, who have been informed of or investigated an animal bite or exposure must report the incident.
(2)   Who Should Report. Anyone having knowledge of an animal bite or other exposure to a human should report the incident to the county health officer or his authorized agent. Victims of an exposure need not be examined or treated by a physician before the report is made.
(3)   Animals to Report. Bites or other exposures by any mammal to a human are to be reported to the county health officer or his authorized agent. Reporting requirements are not limited to exposures from domestic dogs and cats.
(4)   When and How to Report. Because rabies is a uniformly fatal disease once symptoms develop, exposures to suspect animals must be reported to the county health officer or his authorized agent within 48 hours of knowledge of the bite. Reports may be given by written notice, telephone, or any reliable telecommunication system (e.g., facsimile, e-mail).
Author: William B. Johnston, D.V.M.
Statutory Authority: Code of Alabama. 1975, §§3-7A, et seq.; 22-2,2(6).
History: Original rule filed September 19, 1997, effective November 4, 1997.

420-4-4-.05 Investigation of Reports.
The rules provide that an immediate investigation will be conducted upon receipt of an exposure report from health professionals, law enforcement personnel, or other credible public officials. Reports are often phoned in from school principals, mayors, probate judges, etc. who are aware of the incidents, and it is ludicrous to ignore such reports. There is always some concern about neighborhood squabbles and vindictive, contrived reports. It is illegal to make a false report or “make any misrepresentation in regard to any matter prescribed by this chapter or rules promulgated hereunder,” according to the rabies law. A new, consistent report form for county health department use is included in the rules.

420-4-4-.06 Evidence of Immunization.
Provides the option of using computer-generated rabies certificates and adopts the standard tag system as recommended by the National Association of State Public Health Veterinarian's (NASPH\I) Compendium of Animal Rabies Control. The license tags distinguishable in shape and color by year of issuance are beneficial in areas conducting verification programs and in recommending postexposure prophylaxis in bite situations where the dog or cat ran away.

420-4-4-.07 Extra-label use of Animal Antirabies Vaccines.
Provides for extra-label use of rabies vaccination of domestic animals - with a notation on the patient's record - but, still does not allow vaccination of wildlife. (NOTE: See definitions) There is technically no “approved” vaccine for swine (pot-bellied pigs), goats, llamas, and most other exotic species kept as pets, but there is often a demonstrated need for rabies vaccination and efficacy can be expected in domestic mammals. The rule, by definition, also allows for the immunization of wolf-dog hybrids, but still may require their euthanasia on a case-by-case basis in the event of an aggressive, unprovoked attack, depending on the circumstances of the bite and the epidemiology. The rules do not change the traditional recommendation that people should not attempt to keep wolf hybrids as pets, but rather addresses the situation of thousands of such animals in the state that already exists. The rules also provide for rabies vaccination programs in zoos, research institutions, and exotic exhibitors licensed under the USDA Animal Welfare Act in an attempt to protect valuable animals.

420-4-4-.08 Exceptions to Veterinary Confinement and Quarantine.
Provides for a quarantine period (in limited situations) other than confinement for 10 days in a licensed veterinary facility. We have successfully allowed over 2,000 home quarantines for owners exposed by their own animals (following established guidelines) for over three years, and computer records kept by several health departments indicate that 20-25% of the 9500 exposures investigated each year may qualify for home quarantine. It is much more efficient, and medically more important, to thoroughly investigate and enforce quarantines for significant exposures than to devote undue attention to situations where the risk of rabies transmission is nil. “Seeing Eye Dogs” has been expanded to include all service dogs and assistance animals. Dogs are increasingly being used in service for assistance such as with the hearing impaired and as sentinels to detect impending seizures. It is inconceivable to remove these animals from their owners because a child stepped on its tail on the bus. “Canine Corps Animals” is also expanded to include police enforcement animals, drug surveillance animals, and animals in the line of duty protecting or preventing crime. It also exempts animals in businesses and homes where the exposure occurred because the victim was committing or intending to commit a crime or if the victim was illegally tormenting or assaulting the animal. Other exceptions pertain to the current home quarantine for residents of the home and for specific exposures at veterinary clinics. All exceptions provide that the animal is immunized and will be examined by a veterinarian 10 days subsequent to the exposure. No exceptions are allowed that will compromise the public health or increase the risk of rabies transmission because of a bite or exposure.

420-4-4-.09 Adoption of National Compendium.
The NASPHV Compendium of Animal Rabies Control is adopted as the recommended procedure in exposure situations not addressed by state law or rules and regulations. The rule also allows for additional, specialized control measures when recommended by recognized experts with the U.S. Public Health Service and NASPHV.

William B. Johnston, D.V.M., Dipl ACVPM
State Public Health Veterinarian
December 23, 1997

DOG-WOLF HYBRIDS = DOGS (“Mixed Breed”)

It is generally agreed upon by public health professionals that, IF people are intent on maintaining dog-wolf hybrids, they should definitely be immunized against rabies - hence the inclusion in the new rabies control rules (Chapter 420-4-4) of definitions that place those hybrids in the same species of domestic animals defined as "dogs" by genus and species (i.e., Canis lupus). Because there is still a paragraph in an unenforceable agriculture law, however, that may prohibit the ownership of such animals in the state, some concern remains for veterinarians insured by the American Veterinary Medical Association's Professional Liability Insurance Trust (PLIT) in the unlikely event that they are charged with an illegal act for treating prohibited animals. PLIT officials have assured me that no such criminal charges have ever emerged against a veterinarian, and that they would still cover a veterinarian charged with negligence, malpractice, or other civil action, while treating a hybrid, exotic, or wild animal. The PLIT also states that, “This act (AL94 332) does not specify if it is illegal for veterinarians to vaccinate and otherwise treat these animals. Should malpractice allegations be brought against an Alabama insured veterinarian resuming from the treatment of a wolf-dog hybrid, the insurance company would apply the illegal acts exclusion only if the court or regulatory authority with jurisdiction determines an illegal act has been committed.” PLIT routinely provides liability coverage for thousands of veterinarians in California (even though ferrets are still illegal in that state) and for veterinarians in some other states where antiquated laws are on the books where some pet psittacine birds are illegal. To avoid any confusion or controversy until the Alabama law can be repealed, when vaccinating dog-wolf hybrids against rabies, veterinarians are advised to defer to Chapter 420-4-4 and call them “Dogs,” noting “Mixed” under breed designation.

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