20 CAR Part 105 — Rules Pertaining to Rabies Control

Chapter I

Subchapter D

Subpart 1

20 CAR § 105-101 Definitions {#sec-20-car-105-101 omnilex-key=us-ar-regs-official--title-20-part-105--20 CAR § 105-101}

20 CAR § 105-101. Definitions.

The following terms are defined for the purpose of this part:

(1) “Cat” means any domestic feline animal, species Felis catus;

(2) “Confinement, quarantine, and observation”.

(A) Dogs and cats.

(i) 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 that 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.

(ii)(a) 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.

(b) Confinement may be in a public pound or a licensed veterinary hospital.

(iii) When appropriate facilities for confining a dog, cat, or other animal 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, are not available, it is the owner's responsibility to prepare and maintain satisfactory confinement facilities.

(iv) The dog or cat will be quarantined from contact with other animals and humans.

(v)(a) 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.

(b) Alternatively, the animal may be humanely euthanized and tested for rabies at the public health laboratory.

(vi) Quarantined animals may be treated by a veterinarian, but rabies vaccine shall not be administered to the animal until the quarantine period is complete.

(vii) The dog or cat is not to be:

(a) Revaccinated;

(b) Sold;

(c) Transferred;

(d) Destroyed; or

(e) Otherwise disposed of.

(viii) If the dog or cat dies or is killed during the ten-day observation period, intentionally or unintentionally, the head shall be shipped immediately to the public health laboratory as outlined in subdivision (8) of this section.

(ix) The owner is responsible for all costs, including confinement fees, veterinary fees, and transportation costs.

(x) At the end of the ten-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.

(xi) Dogs or cats having current rabies vaccination need not be revaccinated upon release.

(B) Other animals.

(i) The incubation period of rabies in all other animals is variable and a specific period of confinement is not practical.

(ii) If there is no known incubation period, the animal may be euthanized and tested at the discretion of the Department of Health.

(iii) Consult health authorities for detailed instructions;

(3) “Dog” means any domestic canine animal, species Canis lupus familiaris;

(4) “Has been bitten” means:

(A) The skin has been penetrated by an animal’s teeth; and

(B) Saliva has contacted a break or abrasion of the skin;

(5) “Other animal” means any warm-blooded animal, dogs and cats excepted, which may be affected by rabies;

(6) “Owner” means any person who:

(A) Has a right of property in a dog, cat, or other animal;

(B) Keeps, harbors, cares for, or acts as the custodian of a dog, cat, or other animal; or

(C) Knowingly permits a dog, cat, or other animal to remain on or about any premises occupied by him or her;

(7) “Quarantine”.

(A) 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.

(B) Quarantine of an area.

(i) All dogs and cats, vaccinated or unvaccinated, at all times during a specified period will be:

(a) Kept in a cage, pen, or enclosure; and

(b) Exercised on a leash.

(ii) Stray dogs and cats will be apprehended and humanely destroyed in accordance with local ordinance;

(8) Shipment to the public health laboratory for tests for diagnosis of rabies.

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

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

(C)(i) Ship to the Department of Health, Public Health Laboratory, 201 S. Monroe, Little Rock, Arkansas 72205, in the special rabies specimen buckets and boxes supplied by the laboratory and distributed to all local health units.

(ii)(a) 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.

(b) This can be accomplished by personally transporting the animal head to the laboratory.

(iii) If private transportation is not available, the specimen may be taken to a local health unit to be transported to the public health laboratory.

(iv) The specimen must be delivered to the local health unit in a timely fashion.

(v) Any veterinary fees, and all transportation costs, are the responsibility of the owner.

(vi) When ownership is not established, these costs are the victim's responsibility.

(vii) There may be a charge by the public health laboratory for the examination of an animal brain for rabies.

(D)(i) It is essential that all information relative to the possible rabies exposure accompany the rabies specimen.

(ii) This includes the:

(a) Complete name, address, and phone number of the exposed individual;

(b) Owner; and

(c) Physician and veterinarian attending the case.

(iii) 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.

(iv) The public health laboratory will report its findings by the most expeditious means to the submitter.

(E) Brain or head only, large animals.

(i) Livestock and farm animals present a different situation.

(ii) Entire carcasses must not be sent to the public health laboratory at Little Rock, Arkansas.

(iii) The attending licensed veterinarian should:

(a) Remove the brain; and

(b) Ship it in the special rabies specimen container as outlined in subdivision (8)(C) of this section.

(iv) 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 leak-proof container, to the public health laboratory.

(v) The shipment of large animal heads to the laboratory is very unsatisfactory and dangerous;

(9) “Special circumstances” means bites upon the head, face, neck, or upper extremities, deep lacerations, or multiple bite wounds inflicted by unvaccinated dogs, cats, or other animals; and

(10) “Vaccination against rabies” means the injection, subcutaneously or otherwise, of antirabic vaccine, as:

(A) Approved by the United States Department of Agriculture or State Board of Health; and

(B) Administered by:

(i) A licensed veterinarian;

(ii) A veterinary technician;

(iii) A veterinary technologist;

(iv) A veterinary technician specialist; or

(v) An agent of the Department of Health.

20 CAR § 105-102 Vaccination {#sec-20-car-105-102 omnilex-key=us-ar-regs-official--title-20-part-105--20 CAR § 105-102}

20 CAR § 105-102. Vaccination.

(a) Initial vaccination.

(1) The owner of every dog or cat four (4) months of age or older shall have the animal vaccinated against rabies.

(2) Vaccination at a younger age should be in accordance with the labels of the United Stated Department of Agriculture-licensed rabies vaccines.

(3) 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.

(1) The owner of every dog or cat shall have the animal revaccinated during the twelfth month after initial vaccination.

(2) 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 United States, published by the National Association of State Public Health Veterinarians, Inc. (Appendix A).

20 CAR § 105-103 Compliance {#sec-20-car-105-103 omnilex-key=us-ar-regs-official--title-20-part-105--20 CAR § 105-103}

20 CAR § 105-103. Compliance.

(a) Those responsible for complying:

(1) Public health personnel;

(2) Medical and veterinary medical practitioners;

(3) Owners, as defined in 20 CAR § 105-101(6);

(4) Law enforcement personnel; and

(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 noncompliance are:

(1) Failure to have dogs or cats vaccinated against rabies;

(2) Failure to control and confine dogs, cats, or other animals that have been involved in biting incidents and that have not received a current vaccination against rabies or 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; and

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

(c) Penalty for noncompliance.

(1) Every firm, person, or corporation that violates any of the rules issued or promulgated by the State Board of Health may be assessed a civil penalty by the board.

(2) The penalty shall not exceed one thousand dollars ($1,000) for each violation.

(3) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments.

(4) 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.

20 CAR § 105-104 Procedures when a human is bitten by a dog or a cat {#sec-20-car-105-104 omnilex-key=us-ar-regs-official--title-20-part-105--20 CAR § 105-104}

20 CAR § 105-104. Procedures when a human is bitten by a dog or a cat.

When a dog or cat is a rabies suspect:

(1)(A) In "special circumstances", as defined in 20 CAR § 105-101(9), the Director of the 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.

(B) Costs for euthanasia and for transportation are borne by the owner.

(2)(A) 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 20 CAR § 105-101(7)(A).

(B) However, with the owner's consent, the dog or cat may be euthanized and the head shipped as outlined in 20 CAR § 105-101(8).

(3) Stray dogs or cats, or where ownership cannot be established, will be euthanized and the head shipped in accordance with 20 CAR § 105-101(8).

(4) All veterinary fees, including euthanasia and transportation costs, are the responsibility of the victim or, if a minor, the victim's parents or guardian.

20 CAR § 105-105 Procedures when a human is bitten by other animal {#sec-20-car-105-105 omnilex-key=us-ar-regs-official--title-20-part-105--20 CAR § 105-105}

20 CAR § 105-105. 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 20 CAR § 105-101(8).

(2) Care should be taken not to damage the head because the brain is used by the public health 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.

(2) Immediate shipment of the head to the public health laboratory, in accordance with 20 CAR § 105-101(8), should be accomplished.

(c) Domesticated animals.

(1)(A) Human exposure to domesticated livestock afflicted with rabies often presents a dangerous situation.

(B) Medical attention and treatment are necessary.

(C) Consult with health authorities for instructions.

(2) Domesticated caged pets.

(A) A bite from a domesticated caged pet does not constitute an exposure to rabies.

(B) Animals in this classification are:

(i) Guinea pigs;

(ii) White rats and mice;

(iii) Hamsters;

(iv) Gerbils; and

(v) Rabbits.

20 CAR § 105-106 Human post-exposure treatment {#sec-20-car-105-106 omnilex-key=us-ar-regs-official--title-20-part-105--20 CAR § 105-106}

20 CAR § 105-106. Human post-exposure treatment.

(a) The bite of any warm-blooded animal in Arkansas may be a potential source of rabies.

(b)(1) An animal bite exposure to a human requires the immediate attention of a physician who must decide whether antirabies treatment is indicated.

(2) If so, the most effective treatment for the type of exposure must be administered.

(c) The Department of Health is available for consultation and risk assessment of animal bites.

20 CAR § 105-107 Procedures when a domesticated dog or cat is exposed to rabies {#sec-20-car-105-107 omnilex-key=us-ar-regs-official--title-20-part-105--20 CAR § 105-107}

20 CAR § 105-107. Procedures when a domesticated dog or cat is exposed to rabies.

(a)(1) Vaccinated dogs or cats shall be revaccinated immediately and restrained by the owner.

(2) 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)(1) Unvaccinated dogs or cats either shall be euthanized immediately or confined, quarantined, and observed as outlined in 20 CAR § 105-101(7) except that the:

(A) Period will be for six (6) months; and

(B) Animals will be vaccinated against rabies at least thirty (30) days prior to release.

(2) The owner is responsible for all costs.

20 CAR § 105-108 Procedures when domesticated animals other than a dog or cat are exposed to rabies {#sec-20-car-105-108 omnilex-key=us-ar-regs-official--title-20-part-105--20 CAR § 105-108}

20 CAR § 105-108. Procedures when domesticated animals other than a dog or cat are exposed to rabies.

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

20 CAR § 105-109 Area quarantine {#sec-20-car-105-109 omnilex-key=us-ar-regs-official--title-20-part-105--20 CAR § 105-109}

20 CAR § 105-109. 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 20 CAR § 105-101(7)(B).

(b) In serious situations, the director may place an area under quarantine without waiting for local request.

(c) The occurrence of three (3) or more cases of positive rabies in animals, confirmed by the official Public Health Laboratory in Little Rock, Arkansas, is a sufficient basis for placing an area under quarantine.

(d)(1) 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:

(A) Spread to other animals; and

(B) Constitute a dangerous health hazard for the citizens of the state.

(2) These additional measures will be supplied by the Department of Health.

20 CAR pt. 105, Appendix A Rabies Vaccines Licensed and Marketed in the U. S., 2008 {#sec-20-car-pt.-105-appendix-a omnilex-key=us-ar-regs-official--title-20-part-105--20 CAR pt. 105, Appendix A}

8

APPENDIX A

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