ALABAMA STATE BOARD OF HEALTH ALABAMA DEPARTMENT OF PUBLIC HEALTH DIVISION OF DISEASE CONTROL ADMINISTRATIVE CODE CHAPTER 420-4-2 RABIES VACCINATION VERIFICATION PROGRAM TABLE OF CONTENTS 420-4-2-.01 Responsibility For Rabies Vaccination Verification Program 420-4-2-.02 Terms Defined 420-4-2-.03 Training And Evaluation Of Rabies Inspectors 420-4-2-.04 Conduct Of Personnel 420-4-2-.05 Issuance Of Citations 420-4-2-.06 Notice Of Program Compliance 420-4-2-.07 Contracting Procedures 420-4-2-.08 Accounting Procedures 420-4-2-.09 Complaint Procedures 420-4-2-.10 Reports 420-4-2-.11 Rabies Vaccination Verification Program 420-4-2-.01 Responsibility For Rabies Vaccination Verification Program. The operation of the rabies vaccination verification program within a county shall be the responsibility of the appointed rabies officer, who shall serve as an agent of the county board of health. (a) Prior to undertaking a rabies vaccination verification program in a county, the county rabies officer shall notify the State Health Officer and the board of health for the affected county, the sheriff of the affected county, the chief of police and the mayor of each city in which the program will be undertaken, the probate judge of the county, other veterinarians practicing in the county and such other officials as are recommended by the county board of health, including the local health officer or administrator. In addition, notification of the pending program shall be announced in the local paper for a minimum of two weeks prior to the starting date for the program. (b) Neither the rabies officer, deputy rabies officer or contractor thereof nor inspectors shall represent themselves Supp. 6/30/94 4-2-1
Chapter 420-4-2 Health as employees of the county health department or county board of health or state health department or state board of health. (c) Forms and correspondence used by the rabies officer shall not bear the seal or logo of the county or state health department or state board of health. (Exceptions: certificate of rabies vaccination.) 420-4-2-.02 Terms Defined. (1) Rabies officer means a licensed veterinarian as defined in Code of Ala. 1975, 3-7A-1, duly appointed by the county board of health and approved by the State Health Officer and State Veterinarian. (2) Deputy rabies officer means a licensed veterinarian appointed by the rabies officer. (3) Rabies inspector means a nonprofessional employed for the purpose of determining the rabies immunization status of animals as defined in Code of Ala. 1975, 3-7A-l. Such person may be an employee or contractor of the rabies officer or deputy rabies officer. 420-4-2-.03 Training And Evaluation Of Rabies Inspectors. (1) The rabies officer shall himself or herself or by and through deputy rabies officers or contractors, provide adequate training for rabies inspectors which shall include at a minimum: the etiology and public health aspects of rabies and procedures for the control of rabies, the Alabama rabies law, these rules, due process requirements, statutory limitations on authority, proper inspection procedures, authority to enter private lands, procedures of issuing citation including disposition of funds and proper conduct of rabies inspectors and other employees. Supp. 6/30/94 4-2-2
(2) The rabies officer shall evaluate the inspection program in the field to determine compliance with program requirements. 420-4-2-.04 Conduct Of Personnel. The rabies officer, deputy rabies officers, rabies inspectors and contractors and employees of same shall conduct themselves in a professional and courteous manner at all times. (a) The rabies officer and deputy rabies officers are clothed with limited police power to the extent necessary to accomplish the rabies vaccination verification program. Neither they nor any rabies inspector or employees or contractors of them shall represent themselves to be a peace officer, wear a peace officer-type shield, or bear a firearm. (b) While conducting verification activities, personnel shall wear badges or other identification which include their name and clearly identify the inspector as an employee of the rabies officer or deputy rabies officer. (c) Personnel entering private property shall enter only those areas to which the public would be invited such as passage or sidewalk to the front door of dwellings. Inspectors shall not enter onto non-public area of private property, and shall not enter dwellings, side or backyards, or "posted" or "no trespassing areas," whether fenced or not, unless invited. Statutory Authority: Code of Ala. 1975, 3-7A-11, 3-7A-15, 22-2-2(6). 420-4-2-.05 Issuance Of Citations. The rabies officer or deputy rabies officer shall issue, and the rabies inspectors may deliver citations for violation of the rabies control law and shall pursue same to resolution. Neither the rabies officer nor his deputies nor rabies inspectors nor employees or contractors of same have the authority to waive or cancel a properly issued citation except for proof shown that no violation has taken place. Under no circumstances shall more than two (2) penalties be levied against an individual for the same violation within a twelve (12) month period. Supp. 6/30/94 4-2-3
Chapter 420-4-2 Health (a) Citations shall be issued based upon observed circumstances which lead to a conclusion that there is a violation of the law. Such circumstances shall be deemed to exist as follows, among other circumstances. 1. Rabies officer, deputy rabies officer or rabies inspector observes a dog or cat of appropriate age on or within the property of the supposed owner. 2. Where the dog or cat is behaving in a manner giving indication that the said dog or cat resides or is fed at the property. 3. Such dog or cat is not wearing a properly shaped and color-coded tag giving evidence of appropriate vaccination or properly issued rabies tag. 4. Where the supposed owner has failed to present evidence of possession of a certificate of vaccination or properly issued rabies tag. (b) Evidence of satisfactory vaccination for rabies may be demonstrated by any of the following methods: 1. Immediate presentation of a valid certificate of rabies vaccination or properly issued rabies tag. 2. Presentation or posting in a conspicuous place a certificate or tag. 3. Presenting evidence of a certificate as described below: (i) Citation shall be upon forms approved by the State Health Officer and shall state the nature of the violation in a manner which will give adequate notice to the violator of the statute violated and the specifics of the violation. The owner or occupier of the property is presumed to be the "person" as defined by the law who is the "owner" of the dog or cat in question. The citation shall provide adequate time for the violator to present the offending animal for vaccination in accordance with the law, paying the penalty plus fees. Citations shall be serially numbered. (c) Citations shall first be served upon the "owner" in person or through an agent. Where the owner or agent is found on the property, reasonable time shall be given by the inspector to allow such a person to find and present to the inspector evidence of vaccination for the dog or cat in question. Upon Supp. 6/30/94 4-2-4
request or agreement of the person, inspectors must make arrangements to return to the property within a reasonable time, not less than three (3) hours later, to verify compliance or leave a notice of program compliance. (d) Persons receiving a citation shall be given the opportunity to present such evidence of vaccination to the rabies officer within a reasonable time. (e) Owners whose animals were vaccinated in the same month during the previous year shall be granted a seven (7) day grace period to accomplish compliance for the current year without penalty. (f) Citations may be based upon the administration of contraband rabies vaccine or the possession and utilization of certificates or rabies tags by persons, agencies or concerns not licensed as veterinarians. (g) at a minimum: Citations shall be serially numbered and contain 1. A notice of the right to judicial appeal. 2. The names, addresses and telephone numbers of all facilities in the county where appropriate fines may be paid. 3. Citation shall specify a compliance deadline. (h) Citations which are not responded to by compliance deadlines shall be followed up with appropriate enforcement activities in accordance with standard criminal procedures. 420-4-2-.06 Notice Of Program Compliance. When the rabies officer, deputy rabies officer or rabies inspector cannot establish the ownership of a dog or cat and cannot determine whether the animal is wearing a proper rabies tag, a notice of program compliance shall be left at the property. (a) The said notice of program compliance is not a citation and does not invoke the application of the state's police power. The notice of program compliance requests the property owner to, within a reasonable time, present to the Supp. 6/30/94 4-2-5
Chapter 420-4-2 Health rabies officer or inspector proof of compliance with the rabies control law. (b) Notices of program compliance shall be followed up by the rabies officer, deputy rabies officer or inspectors to determine if a violation has occurred, and if so, the rabies officer or deputy rabies officer shall issue a citation if the violation is still outstanding. 420-4-2-.07 Contracting Procedures. Any rabies officer entering into a contract with another person, partnership, corporation or other legal entity to conduct the rabies vaccination verification program in the county shall ensure that the following procedures are followed before the contract is effective. (a) Contracts for program enforcement may only be entered into with licensed veterinarians or legal entities in which licensed veterinarians are principals. (b) Contracts must contain certain language deputizing, by name, the licensed veterinarians who are principals in the entity as "deputy rabies officers." (c) Contracts must contain language that the contractor agrees to operate the program in accordance with state law and these rules. (d) Contracts may not be for a longer duration than one year or the expiration of the rabies officer's term of office. (e) Contracts must not attempt to bind the county government or state or county health officers or departments or successor rabies officers, and must terminate at the expiration of the rabies officer's term or otherwise leaving office. (f) Contracts must make provision for fixing liability for acts or omissions of the contractor and his or its officers, agents, servants, and employees and must evince liability insurance coverage for such. (g) Contracts must make provision that all funds collected by operation of the program whether by payment of Supp. 6/30/94 4-2-6
citations or penalties or otherwise must be paid directly over to the rabies officer for proper distribution thereof. (h) Contracts must be first approved by the county board of health prior to becoming effective. (i) Notice of all such contracts must be given to the State Health Officer and to the presiding officer of the county commission prior to becoming effective. 420-4-2-.08 Accounting Procedures. The rabies officer, deputy rabies officer or contractor thereof shall establish and follow standard accounting procedures for handling all moneys resulting from the operation of the rabies verification program. Such procedures shall include standard methods for recording the names and addresses of persons paying fines, the date and amount of payment and the serial number of the citation issued. Serial numbered receipts shall be issued for all funds collected. (a) All documents shall be preserved in a manner so as to be available to the examiners of public accounts for a period of three (3) years. (b) Salaries of inspectors and other employees involved in the program and all expenses of the verification program shall be paid for by the rabies officer, deputy rabies officer or contractor thereof as appropriate, and shall be appropriately documented.. 420-4-2-.09 Complaint Procedures. The rabies officer and deputy rabies officer shall establish a procedure for the courteous and expeditious processing of complaints lodged against the program or any inspector or employee. Personnel in public contact positions shall be trained in complaint handling procedures and shall be provided with adequate and current information to respond to complaints. (a) Telephone lines shall be established for complaints or information and shall be maintained at all times Supp. 6/30/94 4-2-7
Chapter 420-4-2 Health during business hours or shall be provided with electronic answering devices or connected to private answering services. Valid complaints shall be reported to the rabies officer who shall take appropriate action to correct inequities. (b) All complaints shall be documented including: 1. The name, address and telephone number of the complainant. 2. The date and time of the complaint. 3. The names, address, and telephone numbers of witnesses, to the extent known. (c) All complaint documentation shall be kept for three (3) years and shall be maintained in a manner so as to be available for program audit. 420-4-2-.10 Reports. The rabies officer, himself or herself or by and through deputy rabies officers or contractors, shall periodically report to the State Health Officer on the progress of the rabies verification program and shall issue a final report on the program no later than three (3) months following the completion of activity within a specific county. (a) The report shall present current information related to compliance with the rabies control law, the number of inspectors utilized by the rabies officer, deputy rabies officer and contractors, the number of citations issued since the last report, the follow-up of such by the rabies officer, deputy rabies officer or contractor, the amount of all fines assessed, the amount of all outstanding fines unpaid, the amount spent by the rabies officer, deputy rabies officers and contractors in the administration of the program, the number of complaints lodged against the program and the disposition of such complaints. (b) The State Health Officer shall review such reports and shall forward copies to the county board of health. Supp. 6/30/94 4-2-8
420-4-2-.11 Rabies Vaccination Verification Program. County Health Department Administered Program. The County Boards of Health may directly administer a rabies vaccination verification program in conjunction with the County Rabies Officer, and, in so doing, are not bound by the provisions of Chapter 420-4-2-.01 et seq., provided, however, that prior to instituting such program, the county board of health shall submit and have approved by the State Health Officer a plan for execution of said program. Author: William B. Johnston, D.V.M., John R. Wible History: New Rule: Filed April 21, 1994; effective May 26, 1994. Supp. 6/30/94 4-2-9