Bill Text: NJ A4637 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires certain consumer disclosures relating to rabies testing and establishes optional training for veterinarians.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-06-25 - Introduced, Referred to Assembly Commerce, Economic Development and Agriculture Committee [A4637 Detail]
Download: New_Jersey-2024-A4637-Introduced.html
Sponsored by:
Assemblywoman JESSICA RAMIREZ
District 32 (Hudson)
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
SYNOPSIS
Requires certain consumer disclosures relating to rabies testing and establishes optional training for veterinarians.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning veterinarians and rabies testing and amending and supplementing P.L.2021, c.436.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2021, c.436 (C.26:4-86.2) is amended to read as follows:
2. a. Except as provided under subsection e. of this section, no rabies testing shall be performed on a dead domestic companion animal until the health official requiring the rabies testing, or the veterinarian preparing and submitting the specimen for rabies testing, and the owner of the animal have complied with the requirements of subsections b. and c. of this section.
b. Whenever it is necessary to test a dead domestic companion animal for rabies, prior to commencing any testing procedure, the health official requiring the rabies testing, or the veterinarian preparing and submitting the specimen for rabies testing, as applicable, shall provide the owner of the animal with a paper copy, and an electronic copy, if the owner's electronic mail address is available, of the Department of Health's VPH-35 Rabies Testing Notification Form and shall notify at the first opportunity the owner of the animal, if known, verbally and in writing, of:
(1) the necessity of the rabies testing and the reasons therefor;
(2) the rabies testing protocol to be followed;
(3) the protocol to be followed with regard to the handling of the animal's body;
(4) the protocol to be followed with regard to the disposal of the animal's body, including the decapitation and medical waste disposal of the animal's head, or its return to the owner; and
(5) the protocol of decapitation.
It shall be a violation of P.L.1960, c.39 (C.56:8-1 et seq.), subject to all remedies and penalties available pursuant to P.L.1960, c.39 (C.56:8-1 et seq.), in addition to any other remedies or penalties provided by law, for a veterinarian to intentionally misrepresent, including through the use of euphemisms, code words, or otherwise, the information required to be provided pursuant to this subsection. It shall be assumed that a veterinarian who intentionally misrepresents information pursuant to this subsection is not acting within the veterinary scope of practice.
c. Upon receiving the notification required in subsection b. of this section, the owner of the animal shall immediately provide, in writing, in the manner prescribed by the department pursuant to subsection d. of this section:
(1) release of the animal to the health official or veterinarian, as applicable, for the rabies testing, in accordance with the protocols to be followed pursuant to subsection b. of this section; and
(2) the owner's signature to acknowledge notification about the protocols and procedures to be followed pursuant to this section.
d. The Department of Health shall develop and provide on its website forms for use in providing the notification required pursuant to subsection b. of this section, and the release, and acknowledgement of notification required pursuant to subsection c. of this section.
e. This section shall not apply to rabies testing required pursuant to section 10 of P.L.1989, c.307 (C.4:19-26) or to the handling of an impounded animal that is suspected of being rabid pursuant to section 16 of P.L.1941, c.151 (C.4:19-15.16). In cases where a veterinarian or health official has made reasonable attempts to contact the owner to comply with this section and the owner is unable to be contacted or refuses to provide a signature, rabies testing can proceed. When contact is made but a written signature or acknowledgement by the owner cannot be obtained, the veterinarian or health official shall document the date and time that verbal or electronic notification was made to the owner and keep this information on file for [six months] three years.
f. Nothing in this section shall be construed to interfere with the powers of any municipality to control rabies consistent with R.S.26:4-95.
g. As used in this section, "domestic companion animal" means any animal commonly referred to as a pet that was bought, bred, raised, or otherwise acquired, in accordance with local ordinances and State and federal law, for the primary purpose of providing companionship to the owner, rather than for business or agricultural purposes. "Domestic companion animal" shall not include "domestic livestock" as defined in subsection c. of section 1 of P.L.1995, c.311 (C.4:22-16.1).
(cf: P.L.2021, c.436, s.2)
2. (New section) a. The division, in consultation with the Department of Health and the Centers for Disease Control and Prevention, shall develop a pamphlet with information concerning:
(1) rabies vaccines, including the effectiveness and that vaccines may not be completely effective in preventing rabies;
(2) rabies quarantine and testing protocol, including:
(a) the circumstances under which a pet may be selected for rabies testing;
(b) that indoor vaccinated domestic companion animals provoked to bite are tested by the Department of Health;
(c) that cremation or burial services purchased for an animal that undergoes rabies testing would not include the animal's head due to testing protocol, even if the animal is negative for rabies; and
(d) that the remains of an animal that is positive for rabies would not be returned to the owner; and
(3) the availability of the Department of Health's VPH-35 Rabies Testing Notification Form.
b. The division and the Department of Health shall make the pamphlet available, in English and in Spanish:
(1) in print, to veterinarians and the public; and
(2) on the Internet websites of both the division and the Department of Health.
c. The division shall develop and make available to veterinarians a poster promoting the pamphlet developed pursuant to this section. The poster shall:
(1) provide a brief overview of the contents of the pamphlet, including that the information may affect burial and cremation services purchased by a consumer; and
(2) encourage consumers to ask a veterinarian for a copy of the pamphlet or to download a copy from the Internet websites of the division and the Department of Health.
d. A veterinarian, or the veterinarian's staff, shall:
(1) provide a copy of the pamphlet to every owner of a domestic companion animal at the time the veterinarian administers a rabies vaccine to the animal; and
(2) display, in a prominent location in the office reception area, the poster developed pursuant to this section.
e. A veterinarian who fails to meet the requirements of subsection d. of this section shall be subject to a penalty in an amount to be determined by the division, in consultation with the State Board of Veterinary Medical Examiners.
f. As used in this section, "division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
3. (New section) a. The division, in consultation with the Board of Veterinary Medical Examiners, shall establish a trauma-informed mental health protection training certification program for veterinarians licensed to practice in this State or staff of veterinarians licensed to practice in this State. Participation in the program shall be optional for veterinarians licensed to practice in this State and staff of veterinarians licensed to practice in this State. The division shall issue a certification to any individual who completes the program.
b. The training shall:
(1) follow the trauma-informed approach of the federal Substance Abuse and Mental Health Services Administration, including information on how veterinarians and staff can protect the mental health of pet owners, veterinarians, and staff based on the principles fundamental to a trauma-informed approach, including:
(a) safety;
(b) trustworthiness and transparency;
(c) peer support;
(d) collaboration and mutuality;
(e) empowerment, voice, and choice; and
(f) cultural, historical, and gender issues; and
(2) aim to end mental health discrimination and stigma, suicide, and mental health trauma risks in the veterinary industry.
c. The division shall request assistance from the federal Substance Abuse and Mental Health Services Administration for guidance on developing the training.
d. As used in this section, "division" means the Division of Mental Health and Addiction Services in the Department of Human Services.
4. This act shall take effect on the first day of the seventh month next following the date of enactment.
STATEMENT
The bill provides that it is a violation of the consumer fraud act for a veterinarian to intentionally misrepresent, including through the use of euphemisms, code words, or otherwise, the information required under current law to be provided to the owner of a dead domestic companion animal undergoing testing for rabies. An unlawful practice is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party.
In addition, the bill requires the Division of Consumer Affairs to develop a poster and pamphlet with information relating to rabies vaccines and quarantine and testing protocols. Veterinarians are required to display the poster in office reception areas and to distribute the pamphlets to certain customers.
Lastly, the bill requires the Division of Mental Health and Addiction Services to develop a trauma-informed mental health protection training certification program for veterinarians and staff. The program is optional, and those who complete it are to receive a certification from the division.
