Bill Text: NJ S903 | 2014-2015 | Regular Session | Amended


Bill Title: Requires veterinarians at for-profit veterinary facilities to provide written notification concerning absence of supervision after normal business hours; designated as "Betsy's Law."**

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-07-23 - Substituted by A1186 (ACS) [S903 Detail]

Download: New_Jersey-2014-S903-Amended.html

[First Reprint]

SENATE, No. 903

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED JANUARY 16, 2014

 


 

Sponsored by:

Senator  JAMES W. HOLZAPFEL

District 10 (Ocean)

 

 

 

 

SYNOPSIS

     Requires veterinarians at for-profit veterinary facilities to provide written notification to pet owners concerning absence of animal supervision after normal business hours; establishes penalties for non-compliance; designated as "Betsy's Law."

 

CURRENT VERSION OF TEXT

     As reported by the Senate Economic Growth Committee on December 11, 2014, with amendments.

  


An Act concerning after normal business hours supervision of domestic companion animals at for-profit veterinary facilities, designated as Betsy's Law, and supplementing Title 4 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    As used in this act:

     "Domestic companion animal" means any animal commonly referred to as a "pet," which has been 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.

     "Normal business hours" means the times posted at a veterinary facility indicating the hours that the veterinary facility is open for business with supervising staff available.

     "Veterinarian" means any person engaged in the licensed practice of veterinary medicine as defined by R.S.45:16-8.1.

     "Veterinary facility" means any place or establishment, operated on a for-profit basis, where a domestic companion animal, which is not owned by either the proprietor or care-giving veterinarians, is treated, temporarily sheltered, fed, and watered for veterinary care purposes.

 

     2.    a. Every veterinary facility in the State shall post its normal business hours in a conspicuous location easily visible to the public.

     b.    (1) A veterinarian overseeing the care of a domestic companion animal at a veterinary facility that does not provide domestic companion animals with after normal business hours supervision by a person physically on the premises shall, prior to keeping the domestic companion animal at the veterinary facility after normal business hours: (a) notify the owner of the domestic companion animal that there is a need or intention to keep the animal at the facility after normal business hours; (b) in accordance with the provisions of paragraph (2) of this subsection, provide written notification to the owner of the domestic companion animal, advising the owner of the absence of after normal business hours supervision; and (c) give the owner of the domestic companion animal the opportunity to decline leaving the animal at the veterinary facility after normal business hours.

     (2)   The written notification that is provided to the owner of a domestic companion animal in accordance with paragraph (1) of this subsection shall include the following specific language:

 

"This veterinary facility does NOT provide after normal business hours supervision by a person physically on these premises for pets that are treated at this veterinary facility.  Your signature on this document confirms that you have been notified of the absence of personnel after normal business hours at this veterinary facility."

 

This notification 1shall be printed in not less than 12 point font and1 shall be signed and dated by the owner of the domestic companion animal.  A copy of the signed notification shall be retained by the veterinarian for a period of two years following the release from custody of a domestic companion animal, except that following the election of the humane disposal of an unretrieved animal pursuant to P.L.1979, c.354 (C.45:16-13 et seq.), any signed notification may be immediately destroyed.

 

     13.   A veterinarian who fails or refuses to comply with the provisions of section 2 of this act shall be subject to a public reprimand by the State Board of Veterinary Medical Examiners created pursuant to R.S.45:16-1 et seq., and to a fine of not less than $3,000 for the first offense, not less than $7,500 for the second offense, and not less than $15,000 for each subsequent offense, which shall be assessed through a civil action brought by the Attorney General pursuant to the "Penalty Enforcement Act of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).  The Superior Court shall have jurisdiction to enforce the "Penalty Enforcement Act of 1999" in connection with this act.  In addition to the penalties provided herein, the board, at its own discretion or upon recommendation of the court, may order immediate suspension or revocation of the violator's license to practice veterinary medicine, or impose such other disciplinary action deemed appropriate.1

 

     1[3.] 4.1     This act shall take effect 1[on the first day of the fourth month next following the date of enactment] immediately1.

feedback