Statement of Basis and Purpose and SPECIFIC STATUTORY AUTHORITY FOR

STATEMENT OF BASIS AND PURPOSE AND SPECIFIC STATUTORY AUTHORITY FOR

Amendments to Rules and Regulations Pertaining to Epidemic and Communicable Disease Control, 6 CCR 1009-1, Regulation 8

Adopted by the Executive Director of the Colorado Department of Public Health and Environment on January 19, 2010

Basis and Purpose. The State Board of Health has the authority to make certain communicable conditions and diseases reportable to state and local health departments. C.R.S. 25-1-122. As stated in Regulation 1 of 6 CCR 1009-1, the reportable diseases, including rabies, are declared to be dangerous to the public health and shall be reportable in accordance with the provisions of these regulations. Since rabies vaccination of dogs and cats is one of the most effective methods of preventing rabies exposure for humans, an exception for rabies vaccination due to a medical contraindication should include specific criteria. The purpose of these amendments is to establish a clearly outlined waiver process as required by C.R.S. 25-4-607(3) which authorizes the Executive Director of the Colorado Department of Public Health and Environment to adopt rules to provide a process for the issuance of such a waiver.

The changes include adding language to Regulation 8 to create a waiver process for rabies inoculation of animals for jurisdictions in Colorado in which local ordinances require rabies vaccination and licensure of animals. These ordinances primarily require the vaccination of dogs, but some areas of the state include cats as well. The waiver process establishes the following minimum criteria for an animal to be considered for a waiver: a. The animal’s owner consents to the vaccination exemption; b. The animal must be under the care of veterinarian licensed in Colorado. c. A valid veterinary-client- patient relationship, as defined under § 12-64-103 (15.5), C.R.S., must exist. d. The animal must have a medical condition for which rabies inoculation is contraindicated, as documented by the attending veterinarian. The waiver process includes the following steps: a. The veterinarian and animal owner fill out and sign the “Exemption From Rabies Vaccination Form” (Exemption Form) provided by the Department. b. The veterinarian maintains the signed exemption as part of animal’s medical records and provides copy to owner. In addition, if requested by the Department, the local health department or local animal control authority, the veterinarian must provide copy of the Exemption Form to the requesting entity. The owner or veterinarian can submit a copy of form to local animal control to license the animal, to avoid penalties for noncompliance with local ordinances. As stated in C.R.S., § 25-4- 607, “A waiver executed pursuant to this section shall be accepted and recognized by any local or regional authority issuing licenses for the ownership of animals.”

1 Specific Statutory Authority. These rules are promulgated pursuant to the following statutes: § 25-4-607, C.R.S.

Alternative Rules Considered and Why Rejected. No alternative methods are available to achieve the purposes of the authorizing statutes.

Major Factual and Policy Issues Encountered. One member of the regulatory drafting committee opposed the requirement for a veterinary- client-patient relationship, which is defined in § 12-64-103 (15.5), C.R.S. This requirement provides a foundation for a valid medical contraindication for an exemption from rabies vaccination of a pet, instead of simply the expressed desire of a pet owner. The member opposing the requirement for veterinary-client-patient relationship expressed that this was not legally valid, since pets are defined as property in Colorado regulations. The Department and the regulatory drafting committee believe that veterinary-client-patient relationship requirement helps ensure that waivers/exemptions are only granted when medically indicated and appropriate. Other states that have an exemption that does not require this relationship have reported abuse of the system. Unchecked, extensive exemptions from the inoculation requirement within a community may cause a decrease in herd immunity leading to the introduction of rabies in the pet population within that community.