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PostPosted: Fri Jun 18, 2010 5:08 am 
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Tight Mouth
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Humane Society Veterinary Medical Association's Letter of Support for "Molly's Bill," AB 2000 California Rabies Medical Exemption

June 16, 2010

Senator Elaine Alquist, Chairperson
CA State Senate Health Committee
State Capitol Building, Room 2191
Sacramento, CA 95814
FAX: (916) 324‐0384

RE: Follow‐up Veterinary Support Letter for AB 2000 (Medical Exemption from Rabies Vaccination), including Response to California Department of Public Health (CDPH) Objections

Dear Senator Alquist and Committee Members:

I am writing on behalf of the Humane Society Veterinary Medical Association (HSVMA), an organization representing approximately 2,000 veterinary professionals nationwide with a focus on the health and welfare of all animals, including companion dogs and cats, to reiterate our support for AB 2000 and to counter objections voiced in the California Department of Public Health’s opposition letter, dated June 8. (Our original letter, dated May 7, in support of the bill, is attached for your reference.)

The CDPH statement that “there is no scientific evidence that rabies vaccines are associated with severe or a high rate of vaccination reactions,” is simply incorrect. The USDA Center for Veterinary Biologics (CVB) reports that rabies vaccines are the most common group of biological products named in the adverse event reports they receive. Adverse vaccine‐associated reactions are not required to be reported in veterinary medicine. Even in the face of what is probably gross underreporting, the USDA/CVB Report, published in the April 1, 2008 issue of the Journal of the American Medical Association (pages 1000‐1002), states that from April 2004 through March 2007 nearly 10,000 adverse event reports were received by rabies vaccine manufacturers, and that about 65% of these concerned dogs. The overall rate of such adverse rabies vaccine reactions during the report period was 8.3 reports/100,000 doses of vaccine. These are by no means trivial findings nor is the magnitude of the numbers insignificant. Although canine rabies vaccine labels may not enumerate contraindications, the labeling instructions on vaccine products clearly instruct veterinarians to vaccinate only healthy dogs. A small number of companion animals have medical conditions for which vaccination is life‐ or health‐threatening and thus, inappropriate. In these cases, a dog’s particular exemption from rabies vaccination would be individually substantiated by a veterinarian, and under these stringent circumstances, we do not foresee the submission of illegitimate or frivolous requests.

Veterinarians are well trained in immunology and develop a great respect for both the powerful positive and potential negative consequence of vaccinating their patients. Veterinary schools require detailed study of those zoonotic diseases, like rabies, that are transmissible from animals to humans. State and national veterinary board exams rigorously test this understanding. Veterinary schools and professional advisory bodies regularly update vaccination protocols as new findings emerge. Vaccinology is one of the most active areas of research and discussion in the professional literature, at continuing education venues, and among clinicians around the country and throughout the world.

The Veterinarian’s Oath states, “I solemnly swear to use my scientific knowledge and skills for the benefit of society through the protection of animal health, the relief of animal suffering… (and) the promotion of public health…” As veterinarians we continuously safeguard the public health by protecting the health and welfare of our patients within the context of their families and our communities. Disallowing veterinary medical exemption from rabies vaccination impugns this professional commitment and puts the public at greater potential risk by those who, concerned
about their dogs’ health and deprived of a vaccination exemption option, may choose to fly ‘under the radar,’ eluding both licensing and vaccination entirely.

A number of states, including Alabama, Florida, Colorado, Connecticut, Maine, Massachusetts, New Jersey, New York, Virginia and Wisconsin, successfully provide medical exemption from rabies vaccination without quarantine provisions. Once again, we encourage your support of this important state legislation, similarly safeguarding the health and welfare of the companion canines of Californians.

Please contact me if you have any questions or if you would like more details about our perspective on these issues. Thank you for your consideration.

Sincerely,
Barbara Hodges, DVM, MBA
Veterinary Consultant
Humane Society Veterinary Medical Association (HSVMA)

_________________
Kris L. Christine
Founder, Co-Trustee
THE RABIES CHALLENGE FUND
www.RabiesChallengeFund.org


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PostPosted: Fri Jun 18, 2010 5:09 am 
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Tight Mouth
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WEST VIRGINIA-- new 3 year rabies law went into effect on June 6, 2010.
http://www.legis.state.wv.us/Bill_Text_ ... %20ENR.htm

Be it enacted by the Legislature of West Virginia:
That §19-20A-2 and §19-20A-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 20A. VACCINATION OF DOGS AND CATS FOR RABIES.
§19-20A-2. Vaccination of dogs and cats.
(a) A person who owns, obtains or possesses a dog or cat within the State of West Virginia shall have the dog or cat properly vaccinated against rabies with a vaccine capable of producing immunity for three years, boostered one year after initial vaccination and every third year thereafter. Dogs and cats need not be vaccinated before the age of three months, but must be vaccinated by the age of six months.


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PostPosted: Sat Jun 19, 2010 8:20 am 
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There are 13 states with rabies medical exemption clauses, they are as follows:

ALABAMA Alabama Code Alabama Code Title 3 Section 7A-2 http://alisondb.legislature.state.al.us ... SLogin.asp effective August 1, 2009

(c)(1) Notwithstanding the other provisions of this chapter, the State Board of Health by rule may establish procedures and qualifications for an exemption from the requirement for a vaccination for an animal if a rabies vaccination would be injurious to the animal's health.
(2) An animal exempted under subdivision (1) shall be considered unvaccinated by the State Board of Health in the event of the animal's exposure to a confirmed or suspected rabid animal.

COLORADO http://www.cdphe.state.co.us/dc/zoonosi ... 1009_1.pdf

A veterinarian licensed in Colorado may issue a written waiver as provided in this section exempting an animal from a rabies vaccination order if the veterinarian, in his or her professional opinion, determines the rabies inoculation is contraindicated due to the animal's medical condition. The terms "waiver" and "exemption" as used in this section are interchangeable. A veterinarian may issue a waiver if:

1. The animal to be exempted has a medical condition defined as "a disease, illness, or other pathological state" for which, in the opinion of the exempting veterinarian, a rabies inoculation is contraindicated;
2. A valid veterinary-client-patient relationship, as definied under C.R.S. Section 12-64-103 (15.5), has been established between the veterinarian, owner and animal to be exempted from rabies inoculation;
3. The veterinarian completes and signs the veterinary section of the Exemption from Rabies Vaccination form provided by the department.
4. The animal owner signs the informed consent section of the Exemption from Rabies Vaccination form;
5. The veterinarian maintains the signed exemption as part of the animal's medical record and provides a copy to the owner;
6. The exemption issued is limited to the anticipated duration of the animal's medical condition that precludes inoculation; and
7. The veterinarian provides a copy of the exemption form to the department, the local health department or animal control agency when requested.
C. A waiver may not exceed a period of three years from the date of issuance. If the medical condition persists beyond a three year period and, in the professional opinion of a veterinarian licensed in the State of Colorado the exemption continues to be appropriate, a new waiver may be issued.
D. Upon receiving a complaint regarding the validity of a rabies inoculation exemption, the executive direction or his/her designee(s) may review Exemption from Rabies Vaccination forms and examine the veterinary records pertaining to the medical condition to determine if the medical condition legitimately contraindicates rabies inoculation. If appropriate, the executive director or his/her designee(s) may refer the case to the State Board of Veterinary Medicine.

CONNECTICUT http://cga.ct.gov/2007/pub/Chap435.htm#Sec22-338.htm

(b) The State Veterinarian or the Commissioner of Agriculture, or the commissioner's designee, may grant an exemption from vaccination against rabies for a dog or cat if a licensed veterinarian has examined such animal and determined that a rabies vaccination would endanger the animal's life due to disease or other medical considerations. Such exemption may be granted for an individual animal only after the veterinarian has consulted with the State Veterinarian, the Commissioner of Agriculture, or the commissioner's designee, and completed and submitted to the department an application for exemption from rabies vaccination on a form approved by the Department of Agriculture. After approval of such exemption, the department shall issue a rabies vaccination exemption certificate, copies of which shall be provided to the veterinarian, the owner of the dog or cat exempted from rabies vaccination and the animal control officer of the municipality in which the owner of the dog or cat resides. Certification that a dog or cat is exempt from rabies vaccination shall be valid for one year, after which time the animal shall be vaccinated against rabies or the application for exemption shall be renewed.

(c) Any veterinarian aggrieved by a denial of a request for an exemption from rabies vaccination by the State Veterinarian, the Commissioner of Agriculture or the commissioner's designee may appeal such denial as provided in the Uniform Administrative Procedure Act, sections 4-166 to 4-189, inclusive.


FLORIDA http://www.leg.state.fl.us/statutes/ind ... /Sec30.HTM

(2) A dog, cat, or ferret is exempt from vaccination against rabies if a licensed veterinarian has examined the animal and has certified in writing that at the time vaccination would endanger the animal's health because of its age, infirmity, disability, illness, or other medical considerations. An exempt animal must be vaccinated against rabies as soon as its health permits.

MAINE http://www.maine.gov/sos/cec/rules/10/144/144c260.doc

A. A letter of exemption from vaccination may be submitted for licensure, if a medical reason exists that precludes the vaccination of the dog. Qualifying letters must be in the form of a written statement, signed by a licensed veterinarian, that includes a description of the dog, and the medical reason that precludes vaccination. If the medical reason is temporary, the letter shall indicate a time of expiration of the exemption.
B. A dog exempted under the provisions of paragraph 5 A, above, shall be considered unvaccinated, for the purposes of 10-144 C.M.R. Ch.251, Section 7(B)(1), (Rules Governing Rabies Management) in the case of said dog’s exposure to a confirmed or suspect rabid animal.


MASSACHUSETTS http://www.mass.gov/legis/laws/mgl/140-145b.htm

In order for a dog or cat to be accepted at an animal hospital, veterinarian's office or boarding facility an owner or keeper of such animal shall show proof of current vaccination against rabies; provided however, that if a dog or cat has not been so vaccinated or such owner or keeper fails to show such proof the animal shall be vaccinated against rabies prior to being discharged if the animal's medical condition permits.

NEW HAMPSHIRE http://www.gencourt.state.nh.us/rsa/htm ... 36-100.htm

II. A rabies immunization exemption may be issued, where illness or a veterinary medical condition warrants, by the local rabies control authority upon the written recommendation of a veterinarian licensed under RSA 332-B. The recommendation shall also be signed by an American College of Veterinary Internal Medicine diplomate and the state veterinarian. The exempted animal shall be maintained in strict rabies isolation, under conditions that are at the discretion of the local rabies control authority, until such time as the medical condition has been resolved and the animal can be immunized against rabies. Exempted animals shall not be allowed outdoors without being on a leash and shall be under the direct physical control of an adult owner at all times. In addition, when the animal is outdoors, it shall be muzzled in a manner approved by the local rabies control authority.
Source. 1985, 72:1. 1992, 250:3. 1995, 202:4, eff. June 12, 1995. 2007, 79:1, eff. Jan. 1, 2008.

NEW JERSEY http://www.state.nj.us/health/animalwelfare/law.shtml

The State Department of Health shall promulgate regulations providing for the recognized duration of immunity, interval of inoculation, certificate of vaccination, certificate of exemption, and such other matters related to this act.

Medical exemption form http://www.state.nj.us/health/cd/ravacpolicy.doc

NEW YORK http://www.health.state.ny.us/diseases/ ... _sheet.pdf Exemptions The vaccination requirements hall not apply to any dog, cat, domesticated ferret if .... a licensed veterinarian has determined that the vaccination will adversely affect the animal's health....

NY Medical exemption form http://www.agmkt.state.ny.us/AI/vetpage ... 20Form.pdf

OREGON http://arcweb.sos.state.or.us/rules/OAR ... 3_019.html

(1) Except where specifically exempt, all dogs at least three months old shall be immunized against rabies by the age of six months.
(3) To be considered immunized against rabies, dogs and cats must be vaccinated according to guidelines published by the U.S. Centers for Disease Control and Prevention in the Compendium of animal rabies prevention and control, 2005 MMWR 2005; 54 (No. RR-3).

VERMONT http://healthvermont.gov/prevent/rabies ... nation.pdf

2.C.4.D. Rabies vaccination must be administered to domestic pets and wolf/hybrids prior to the age of 4 months unless in the judgment of the veterinarian the animal's medical condition would prevent the development of adequate immunity to rabies. Animals so exempted must be inoculated against rabies as soon as their medical condition permits.

VIRGINIA http://leg1.state.va.us/cgi-bin/legp504 ... l+CHAP0182 § 3.2-6521. (enacted March 29, 2010)

D. The Board of Health shall, by regulation, provide an exemption to the requirements of subsection A if an animal suffers from an underlying medical condition that is likely to result in a life-threatening condition in response to vaccination and such exemption would not risk public health and safety. For the purposes of § 3.2-6522, such exemption shall mean that the animal is considered not currently vaccinated for rabies. For the purposes of §§ 3.2-5902, 3.2-6526, and 3.2-6527, such exemption shall be considered in place of a current certificate of vaccination.

WISCONSIN http://www.legis.state.wi.us/statutes/Stat0095.pdf

(d) A city, village, or town may exempt the owner of a dog from the requirement to have the dog vaccinated against rabies for ayear based on a letter from a veterinarian stating that vaccination
is inadvisable because of a reaction to a previous vaccination, a physical condition, or a regimen of therapy that the dog is undergoing. The city, village, or town shall require the owner to providea new letter for each year in which the owner seeks an exemption under this paragraph.


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PostPosted: Mon Jun 21, 2010 2:05 pm 
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Massachusetts Medical Exemption Bill, SB 784 An Act Relative to Rabies Vaccination for Dogs and Cats http://www.mass.gov/legis/bills/senate/ ... t00784.htm, received a "study order" from the Joint Committee on Municipalities and Regional Government on 3/9/10. In order for this bill to be reintroduced for passage, the Committee Chairs and the bill sponsors must write a letter to the Rules Committee asking that it be reintroduced.

What You Can Do to Help

Please contact the Legislative Chairs on the Municipalities and Regional Government Committee (contact information below) and the bill sponsor, asking them to request reintroduction of Senate Bill #784 and ask everyone you know in Massachusetts to do the same.

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Members of the Joint Committee on Municipalities and Regional Government:
http://www.mass.gov/legis/comm/j10.htm

Senator James Eldridge, Co-Chair James.Eldridge@state.ma.us Phone: (617) 722-1120 Fax: (617) 722-1089
Representative Paul Donato Rep.PaulDonato@hou.state.ma.us Phone: (617) 722-2090 Fax: (617) 722-2848
Senator Steven Panagiotakos Steven.Panagiotakos@state.ma.us Phone: (617) 722-1630 Fax: (617) 722-1001

Below is a copy of the letter I have just sent to the Chairs of Massachusetts' Joint Commitee on Municipalities and Regional Government on behalf of The Rabies Challenge Fund.

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June 30, 2010

Representative Representative Paul Donato, Co-Chair Senator James Eldridge, Co-Chair
Joint Committee on Municipalities and Regional Government
State House Room 540 State House Room 213-A
Boston, MA 02133 Boston, MA 02133

RE: Massachusetts Rabies Medical Exemption Bill, SB 784

Greetings Representative Donato and Senator Eldrige:

On behalf of The Rabies Challenge Fund Charitable Trust and the many Massachusetts pet owners who have contacted us, we respectfully request that you write the Rules Committee and ask them to reintroduce SB 784, Senator Steven Panagiotakos’ rabies medical exemption bill.

Chapter 140: §145B of the General Laws of Massachusetts implicitly exempts animals from vaccination under some circumstances in the wording “the animal shall be vaccinated against rabies prior to being discharged if the animal's medical condition permits.” However, the law does not explicitly state that a medical waiver exempts an animal from the requirement of being currently immunized against rabies.

The states of Alabama, Colorado, Connecticut, Florida, Maine, Massachusetts, New Hampshire, New Jersey, New York, Oregon, Vermont, Virginia, and Wisconsin all have medical exemption clauses for sick animals in their rabies laws, and a bill is currently pending in the California legislature to include a waiver in its statutes.

The labels on rabies vaccines state that they are for “the vaccination of healthy cats, dogs…,” and there are medical conditions for which vaccination can jeopardize the life or well-being of an animal. Reintroduction and passage of the medical exemption bill, SB 784, clarifying the circumstances under which sick animals could receive exemptions would allow Massachusetts veterinarians to write waivers for animals (such as those who have had anaphylactic reactions to vaccination, or suffer from cancer, kidney/liver failure, hemolytic anemia, thrombocytopenia, grand mal seizures, and chronic autoimmune disorders) whose medical conditions would be exacerbated by rabies vaccination. The State of Maine inserted such an exemption into their 3 year rabies protocol, 7 M.R.S.A., Sec. 3922(3), which became effective in April 2005 -- not one rabid dog has been reported in the more than 5 years since that date. Colorado’s data reflect the same -- there have been no rabid dogs reported in the state since passage of their medical exemption in July 2008.

Without a clearly worded medical exemption in Chapter 140: §145B, Massachusetts law imposes an ethical dilemma on veterinarians with seriously ill patients who must either violate their Veterinarian’s Oath and administer a rabies vaccine contrary to the manufacturer’s labeled instructions, or make a recommendation against vaccinating for rabies -- advice which is contrary to the law. Being compelled by law to vaccinate unhealthy animals against rabies also puts veterinarians at risk of being held liable for adverse reactions the animals may suffer, and owners of critically ill animals may decide to not comply with the law rather than jeopardize the lives of their pets by immunizing them.

The Rabies Challenge Fund Charitable Trust urges you to write the Rules Committee requesting that SB 784 be reintroduced for passage. You may contact me at the number below if you would like any scientific data on the rabies vaccine or have any questions.

Sincerely,

Kris L. Christine
Founder, Co-Trustee
THE RABIES CHALLENGE FUND
www.RabiesChallengeFund.org
ledgespring@lincoln.midcoast.com

cc: Dr. W. Jean Dodds
Dr. Ronald Schultz
Senator Steven Panagiotakos


Last edited by Kris L. Christine on Wed Jun 30, 2010 4:49 pm, edited 1 time in total.

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 Post subject: Re: Rabies Legislation
PostPosted: Wed Jun 23, 2010 9:26 am 
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CALIFORNIA AB2000 UPDATE: Yesterday, with Saulo Londono and AM Curt Hagman, representatives of all the interested parties from the government agencies and California Veterinary Medical Association, including Dr. W. Jean Dodds from The Rabies Challenge Fund met via telephone conference. Draft amendments to the bill will NOT include quarantine, and I will post an update as soon as that rewording is available. The Senate Health Committee meets today.


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PostPosted: Tue Jun 29, 2010 10:00 am 
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PENNSYLVANIA: Rabies Medical Exemption Action Alert -- Pennsylvania pet owners have initiated an effort to get a rabies medical exemption clause inserted into the Pennsylvania Rabies Code. Below is a copy of the letter I have faxed to the Pennsylvania State Veterinarian and below that is a copy of Pennsylvania resident Jennifer Shipley's letter.

What You Can Do to Help

Contact your legislator and ask them to file a rabies medical exemption bill on your behalf. You can find your legislators' contact information at this link http://www.legis.state.pa.us/ , and please ask everyone you know who may concerned about this issue to do the same. E-mails for the entire Pennsylvania Assembly are listed at the bottom of this message.

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June 29, 2010

Dr. Craig E. Shultz
State Veterinarian
Department of Agriculture
2301 N. Cameron Street, Room 410
Harrisburg, PA 17110

RE: Medical Exemption Clause for Pennsylvania’s Rabies Prevention and Control Code

Greetings Dr. Shultz:

On behalf of The Rabies Challenge Fund and the Pennsylvania pet owners who have contacted us requesting assistance, we respectfully request that you, in your capacity as State Veterinarian, initiate medical exemption legislation waiving the rabies immunization requirement in Chapter 16, Subchapter C., §16.43 of the Pennsylvania Code for the small number of animals whose veterinarians have determined their medical conditions preclude vaccination.

The states of Alabama, Colorado, Connecticut, Florida, Maine, Massachusetts, New Hampshire, New Jersey, New York, Oregon, Vermont, Virginia, and Wisconsin all have medical exemption clauses for sick animals in their rabies immunization laws, and a bill is currently pending in the California legislature to include a waiver in their statutes.

The labels on rabies vaccines state that they are for “the vaccination of healthy cats, dogs…,” and there are medical conditions for which vaccination can jeopardize the life or well-being of an animal. A medical exemption clause would allow Pennsylvania veterinarians to write waivers for animals whose medical conditions (such as those with cancer, kidney/liver failure, hemolytic anemia, thrombocytopenia, grand mal seizures, and chronic autoimmune disorders) would be exacerbated by rabies vaccination. The State of Maine inserted such an exemption into their 3 year rabies protocol, 7 M.R.S.A., Sec. 3922(3), which became effective in April 2005 -- not one rabid dog has been reported in the more than 5 years since that date. Colorado’s data reflect the same -- there have been no rabid dogs reported in the state since passage of their medical exemption clause in July 2008.

Maine’s exemption language is as follows:

A. A letter of exemption from vaccination may be submitted for licensure, if a medical reason exists that precludes the vaccination of the dog. Qualifying letters must be in the form of a written statement, signed by a licensed veterinarian, that includes a description of the dog, and the medical reason that precludes vaccination. If the medical reason is temporary, the letter shall indicate a time of expiration of the exemption.

B. A dog exempted under the provisions of paragraph 5 A, above, shall be considered unvaccinated, for the purposes of 10-144 C.M.R. Ch.251, Section 7(B)(1), (Rules Governing Rabies Management) in the case of said dog’s exposure to a confirmed or suspect rabid animal.

The Rabies Challenge Fund strongly urges you to request legislation be submitted on behalf of the Department of Agriculture amending Chapter 16, Subchapter C., §16.43 of the Pennsylvania Code to include medical exemption language for unhealthy animals for which rabies vaccination would compromise their well-being.

Sincerely,

Kris L. Christine
Founder, Co-Trustee
THE RABIES CHALLENGE FUND
www.RabiesChallengeFund.org
ledgespring@lincoln.midcoast.com

cc: Dr. W. Jean Dodds
Dr. Ronald Schultz
Pennsylvania General Assembly

LETTER from Pennsylvania resident, Jennifer Shipley:

June 28, 2010

Stewart J. Greenleaf
Senate Box 203012
Harrisburg, PA 17120-3012

Dear Senator Greenleaf:

Legislation is needed to provide an exemption from rabies vaccination for pets with existing medical conditions.

My Border Collie, Fever, has idiopathic epilepsy along with other chronic, serious and immune related health conditions. Her veterinarian, Dr. Barrie Barr, DVM of Harmony Animal Health Care Clinic, feels strongly that further rabies vaccinations would potentially pose serious risk to her health. I have a letter written by Dr. Barr to that effect.

In conversation with a friend who lives in New Jersey who owns a dog related to my own with the same medical condition, I learned that her dog’s veterinarian fills out an exemption form annually. The form protects her dog’s life by legally exempting him from rabies vaccination upon examination of a veterinarian who has determined that it would be “medically contraindicated to vaccinate this animal due to an infirmity, other physical condition, or regimen of therapy.” [Attachment “B”]

The manufacturers as well as the USDA state the vaccines should be given to healthy cats and dogs.

My dogs are a cherished and extremely valuable part of my life. Those of us in Pennsylvania who own dogs consider them important member of our families. No dog owner in PA should be forced by our state to risk their dog’s life if a veterinarian has determined that a vaccination would jeopardize their health. Thirteen other states have medical exemption clauses in their rabies laws, would you please introduce legislation on my behalf that would put a medical exemption clause into our state law?

For more detailed information regarding this issue, please see the following additional exhibits:

Attachment C: Specific manufacturer information regarding vaccines
Attachment D: Vaccine reactions and duration of immunity

I have more information available if you need it. I would be more then happy to speak to you via telephone, email or meet with you in person. You’re help in this cause is desperately needed. Thank you for your attention and efforts in advance.

Best regards,

Jen Shipley
jenkshipley@gmail.com

Cc: Hon. Katharine M. Watson, Governor Edward G. Rendell, Chase & Jen Utley



E-Mails for All Members of the Pennsylvania Assembly:

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PostPosted: Thu Jul 15, 2010 9:15 am 
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Tight Mouth
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CA Rabies Medical Exemption Bill AB 2000 -- Senate Appropriations hearing set for 8/2/10 http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1951-2000/ab_2000_bill_20100714_status.html

Please contact the members of the Appropriations committee below and ask them to fully fund AB 2000

Senator Christine Kehoe (Chair) senator.kehoe@sen.ca.gov Phone: (916) 651-4039 Fax: (916) 327-2188
Senator Elaine Alquist senator.alquist@sen.ca.gov Phone: (916) 651-4013 Fax: (916) 324-0283
Senator Elaine Corbett senator.corbett@sen.ca.gov Phone (916) 651-4010 Fax: (916) 327-2433
Senator Jeff Denham senator.denham@sen.ca.gov Phone (916) 651-4012 Fax: (916) 445-0773
Senator Mark Leno senator.leno@sen.ca.gov (916) 651-4003 Fax: (916) 445-4722
Senator Curren Price senator.curren@sen.ca.gov Phone (916) 651-4026 Fax: (916) 445-8899
Senator Mimi Walters senator.walters@sen.ca.gov Phone (916) 651-4033 Fax: (916) 445-9754
Senator Lois Wolk senator.wolk@sen.ca.gov (916) 651-4005 Fax: (916) 323-2304
Senator Mark Wyland senator.wyland@sen.ca.gov (916) 651-4038 Fax: (916) 446-7382
Senator Leland Yee senator.yee@sen.ca.gov (916) 651-4008

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 Post subject: Re: Rabies Legislation
PostPosted: Fri Jul 23, 2010 6:52 am 
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Tight Mouth
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NEW MEXICO: Rabies Medical Exemption Action Alert -- New Mexico pet owners have launched an effort to get a rabies medical exemption clause inserted into the Rabies Code. Below is a copy of the letter I have faxed to the New Mexico State Veterinarian and below that is a copy of New Mexico resident Chryssa Charalambides's letter.

What You Can Do to Help

Contact your legislator and ask them to file a rabies medical exemption bill on your behalf. You can find your legislators' contact information at this link http://www.nmlegis.gov/lcs/legislatorsearch.aspx , and please ask everyone you know who may concerned about this issue to do the same. E-mails for the entire New Mexico Legislature are listed at the bottom of this message.

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July 23, 2010

Dr. Dave E. Fly, State Veterinarian
New Mexico Livestock Board
300 San Mateo NE
Albuquerque, NM 87109

RE: Rabies Medical Exemption for New Mexico Code Title 7 Chapter 4 Part 2 §7.4.2.8

Greetings Dr. Fly:

New Mexico’s Code requiring rabies vaccinations for dogs and cats, Title 7 Chapter 4 Part 2 §7.4.2.8, does not contain a provision to exempt unhealthy animals whose veterinarians have determined their medical conditions should preclude vaccination.

The states of Alabama, Colorado, Connecticut, Florida, Maine, Massachusetts, New Hampshire, New Jersey, New York, Oregon, Vermont, Virginia, and Wisconsin all have medical exemption clauses for sick animals in their rabies laws, and a bill is currently pending in the California legislature to include a waiver in its statutes.

The labels on rabies vaccines state that they are for “the vaccination of healthy cats, dogs…,” and there are medical conditions for which vaccination can jeopardize the life or well-being of an animal. Passage of a medical exemption clause would allow New Mexico’s veterinarians to write waivers for animals -- such as those who have had anaphylactic reactions to vaccination, or suffer from cancer, kidney/liver failure, hemolytic anemia, thrombocytopenia, grand mal seizures, and chronic autoimmune disorders -- whose medical conditions would be exacerbated by rabies vaccination.

The State of Maine inserted the following medical exemption into their 3 year rabies protocol, 7 M.R.S.A., Sec. 3922(3), which became effective in April 2005:

“5 A. A letter of exemption from vaccination may be submitted for licensure, if a medical reason exists that precludes the vaccination of the dog. Qualifying letters must be in the form of a written statement, signed by a licensed veterinarian, that includes a description of the dog, and the medical reason that precludes vaccination. If the medical reason is temporary, the letter shall indicate a time of expiration of the exemption.

B. A dog exempted under the provisions of paragraph 5 A, above, shall be considered unvaccinated, for the purposes of 10-144 C.M.R. Ch.251, Section 7(B)(1), (Rules Governing Rabies Management) in the case of said dog's exposure to a confirmed or suspect rabid animal.”


In the more than 5 years since Maine’s medical exemption went into effect, not one rabid dog has been reported in the state. Colorado’s data reflect the same -- there have been no rabid dogs reported in the state since passage of their medical exemption in July 2008.

Without a provision for medical exemptions in Title 7 Chapter 4 Part 2 §7.4.2.8, New Mexico’s rabies immunization code thrusts an ethical quandary on veterinarians with seriously ill patients -- they must either violate their Veterinarian’s Oath and administer a rabies vaccine contrary to sound medical practice and against the vaccine manufacturer’s labeled instructions, or recommend their clients break the law by not immunizing their unhealthy pets against rabies. Being compelled by law to vaccinate sick dogs and cats against rabies in order for their clients to comply with the code also puts New Mexico’s veterinarians at risk of being held liable for any adverse reactions the animals may suffer after administering a vaccine inconsistently with the labeled directions. Owners of critically ill dogs may choose not to comply with the law rather than jeopardize the lives of their pets and then fail to license their dogs to avoid detection.

On behalf of The Rabies Challenge Fund Charitable Trust and the New Mexico pet owners who have contacted us for assistance, we urge you to initiate legislation to insert a medical exemption clause in Title 7 Chapter 4 Part 2 §7.4.2.8 of the state code. You may contact me at the number below if you would like any scientific data on the rabies vaccine or if you have any questions.

Sincerely,

Kris L. Christine
Founder, Co-Trustee
THE RABIES CHALLENGE FUND
www.RabiesChallengeFund.org
ledgespring@lincoln.midcoast.com

cc: Dr. W. Jean Dodds
Dr. Ronald Schultz
New Mexico Legislature
Dr. Tamara Spooner – Executive Director, New Mexico Veterinary Medical Association

New Mexico Legislators http://www.nmlegis.gov/lcs/legislatorsearch.aspx
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Letter from Chryssa Charalambides

Mark Boitano Representative Gail Chasey
3615 Horacio Court NE 1206 Las Lomas Road NE
Albuquerque, NM 87111 Albuquerque, NM 87106

Dear Senator Boitano and Representative Chasey,
Legislation is needed to provide an exemption from rabies vaccination for pets with existing medical conditions.

My Great Dane, Dalia, has been diagnosed with two autoimmune conditions within the last year and half, vaccine induced Immune Mediated Polyarthritis, diagnosed on 01/11/2009, and Addison’s disease, diagnosed on 11/04/2009. Her veterinarian, Dr. Jennifer Strasser, ACVIM of Veterinary Specialists of NM at the Albuquerque Emergency Clinic, feels strongly that further rabies vaccinations would pose serious risk to her health. I have a letter from Dr. Strasser to that effect.

Dog and cat owners in other states with animals suffering from similar autoimmune conditions can have their veterinarian fill out an annual exemption form. The form protects the animal’s life by legally exempting it from rabies vaccination upon the examination of a veterinarian.

The vaccine manufacturers as well as the USDA state the vaccines should be given only to healthy cats and dogs.

Those of us in New Mexico who own dogs or cats consider them an important member of our families. They are a treasured and extremely important part of our lives. No animal owner in NM should be forced by our state to risk their pet’s life if a veterinarian has determined that a vaccination would put it in jeopardy.

When I contacted the city of Albuquerque Animal Licensing Services, I was informed that medical exemption is possible in the state of New Mexico, if I submit a letter from my veterinarian stating why the pet cannot be vaccinated. Regardless, New Mexico rabies law does not include a medical exemption clause. Would you please introduce legislation on my behalf that would add a medical exemption clause into our existing state rabies law?

I would be more than happy to speak to you via telephone, email or meet with you in person. Your help in this cause is desperately needed. Thank you for your attention and efforts in advance.

Sincerely
Chryssa Charalambides


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 Post subject: Re: Rabies Legislation
PostPosted: Tue Aug 03, 2010 12:28 pm 
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UPDATE: CA Medical Exemption Bill AB 2000 -- On 8/2/10, California's Senate Appropriations Committee decided that the medical exemption bill AB 2000, Molly's Bill, "met the criteria for referral to the Suspense File," meaning that it will cost the state over $150,000 to implement http://www.leginfo.ca.gov/pub/09-10/bil ... _comm.html .

An Appropriations Committee hearing is scheduled for 8/12/10 to vote yes or no on all the suspense file bills -- a yes vote will send a bill to the Senate floor, a no vote will kill the bill. Saulo Londono from AM Hagman's office told me today that his office has requested that the committee pull AB 2000 from the Suspense File and send it directly to the Senate floor for vote; he expects to hear back within 48 hours whether they will pull the bill or not.


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PostPosted: Sat Aug 07, 2010 9:19 am 
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MASSACHUSETTS Medical Exemption Bill SB 784 Update: "Neal" from Senator Eldridge's office left a voice mail on 8/6/10 saying that Senator Eldridge is working on trying to get SB 784 recommitted from Committee and is in negotiations with his House counterpart and hopes to have the bill "reported out" by next week or the week after.

For more information, contact Neal from Senator Eldridge's office: 617-722-1120


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 Post subject: Re: Rabies Legislation
PostPosted: Fri Aug 13, 2010 3:54 pm 
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UPDATE 8/13/10 California Medical Exemption AB 2000, "Molly's Bill" -- Saulo Londono from AM Hagman's office just informed me that AB 2000, "Molly's Bill," was NOT voted out of the "Suspense File" at yesterday's Appropriations Committee hearing, which means that the bill will not go to the Senate for a floor vote, which it must do in order to become law. According to Mr. Londono, the Committee Chair's STAFF (Senator Christine Kehoe (Chair) senator.kehoe@sen.ca.gov Phone: (916) 651-4039 Fax: (916) 327-2188) determined that the bill doesn't merit the cost of implementing it. He believes that Senator Kehoe's staff is "playing politics" with this bill, and AM Hagman's office has contacted the Governor's office to see what can be done.

Mr. Londono will get back in touch with me next week to let us know what we dog owners can do.


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PENNSYLVANIA Action Alert-- Rabies Medical Exemption SB 1454 http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2009&sessInd=0&billBody=S&billTyp=B&billNbr=1454&pn=2164 just introduced by Senator Stewart Greenleaf has been referred to the Agriculture & Rural Affairs Committee. Please contact the Committee members below and ask them to vote "Ought to Pass." At the bottom of the page is my letter to the Pennsyvlania State Veterinarian.

Senator Mike Brubaker, Chair (717) 787-4420 mbrubaker@pasen.gov
Senator Michael Waugh, Vice-Chair (717) 787-3817 mwaugh@pasen.gov
Senator Michael O'Pake, Minority Chair (717) 787-8925 opake@pasenate.com
Senator Joseph Scarnati (717) 787-7084 jscarnati@pasen.gov
Senator John Eichelberger (717) 787-5490 jeichelberger@pasen.gov
Senator Robert Robbins (717) 787-1322
Senator Elder Vogel (717) 787-3076 evogel@pasen.gov
Senator Gene Yaw (717) 787-3280 gyaw@pasen.gov
Senator Andrew Dinniman (717) 787-5709 andy@pasenate.com
Senator Shirley Kitchen (717) 787-6735 kitchen@pasenate.com
Senator John Wozniak (717) 787-5400 wozniak@pasenate.com

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June 29, 2010

Dr. Craig E. Shultz
State Veterinarian
Department of Agriculture
2301 N. Cameron Street, Room 410
Harrisburg, PA 17110

RE: Medical Exemption Clause for Pennsylvania’s Rabies Prevention and Control Code

Greetings Dr. Shultz:

On behalf of The Rabies Challenge Fund and the Pennsylvania pet owners who have contacted us requesting assistance, we respectfully request that you, in your capacity as State Veterinarian, initiate medical exemption legislation waiving the rabies immunization requirement in Chapter 16, Subchapter C., §16.43 of the Pennsylvania Code for the small number of animals whose veterinarians have determined their medical conditions preclude vaccination.

The states of Alabama, Colorado, Connecticut, Florida, Maine, Massachusetts, New Hampshire, New Jersey, New York, Oregon, Vermont, Virginia, and Wisconsin all have medical exemption clauses for sick animals in their rabies immunization laws, and a bill is currently pending in the California legislature to include a waiver in their statutes.

The labels on rabies vaccines state that they are for “the vaccination of healthy cats, dogs…,” and there are medical conditions for which vaccination can jeopardize the life or well-being of an animal. A medical exemption clause would allow Pennsylvania veterinarians to write waivers for animals whose medical conditions (such as those with cancer, kidney/liver failure, hemolytic anemia, thrombocytopenia, grand mal seizures, and chronic autoimmune disorders) would be exacerbated by rabies vaccination. The State of Maine inserted such an exemption into their 3 year rabies protocol, 7 M.R.S.A., Sec. 3922(3), which became effective in April 2005 -- not one rabid dog has been reported in the more than 5 years since that date. Colorado’s data reflect the same -- there have been no rabid dogs reported in the state since passage of their medical exemption clause in July 2008.

Maine’s exemption language is as follows:

A. A letter of exemption from vaccination may be submitted for licensure, if a medical reason exists that precludes the vaccination of the dog. Qualifying letters must be in the form of a written statement, signed by a licensed veterinarian, that includes a description of the dog, and the medical reason that precludes vaccination. If the medical reason is temporary, the letter shall indicate a time of expiration of the exemption.

B. A dog exempted under the provisions of paragraph 5 A, above, shall be considered unvaccinated, for the purposes of 10-144 C.M.R. Ch.251, Section 7(B)(1), (Rules Governing Rabies Management) in the case of said dog’s exposure to a confirmed or suspect rabid animal.

The Rabies Challenge Fund strongly urges you to request legislation be submitted on behalf of the Department of Agriculture amending Chapter 16, Subchapter C., §16.43 of the Pennsylvania Code to include medical exemption language for unhealthy animals for which rabies vaccination would compromise their well-being.

Sincerely,

Kris L. Christine
Founder, Co-Trustee
THE RABIES CHALLENGE FUND
www.RabiesChallengeFund.org
ledgespring@lincoln.midcoast.com

cc: Dr. W. Jean Dodds
Dr. Ronald Schultz
Pennsylvania General Assembly


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PostPosted: Fri Dec 10, 2010 9:17 am 
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Tight Mouth

Joined: 26 Feb 2008
Posts: 194
WACO, TX city council unanimously approves 3 year rabies ordinance on 2nd reading 12/7/10:
http://www.waco-texas.com/pdf/agendas/2 ... Action.pdf "Ordinance #2010-696; amending sections 5-61 (a) in Chapter 5, Animals, of the Code of Ordinances, to change the rabies vaccinations requirement from annual to every three (3) years... Second Reading. Approved 5-0"

The ordinance should be in effect 10 days after it is published. For more information, call the City Manager's office at (254)-750-5640.

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PostPosted: Thu Dec 16, 2010 7:50 am 
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Tight Mouth
Tight Mouth

Joined: 26 Feb 2008
Posts: 194
PENNSYLVANIA: Rabies Medical Exemption Action Alert -- Senator Stewart J. Greenleaf will reintroduce SB 1454 http://www.legis.state.pa.us/CFDOCS/Leg ... 54&pn=2164 in an effort to get a rabies medical exemption clause inserted into the Pennsylvania Rabies Code in the January session.

What You Can Do to Help

Contact your legislators immediately and ask them to co-sponsor and support this rabies medical exemption bill. You can find your legislators' contact information at this link http://www.legis.state.pa.us/ , and please ask every pet owner you know who may concerned about this to do the same. If no other legislator is willing to Co-Sponsor this bill, it will fail.

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PostPosted: Thu Mar 17, 2011 7:05 am 
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Tight Mouth
Tight Mouth

Joined: 26 Feb 2008
Posts: 194
CALIFORNIA Rabies Medical Exemption Bill AB 258 Hearing Date April 6 http://www.leginfo.ca.gov/pub/11-12/bil ... tatus.html before the Assembly Agriculture Committee. Please contact Committee Chair Cathleen Galgiani (916) 319-2017 Assemblymember.Galgiani@assembly.ca.gov and ask the committee to vote "ought to pass."

Please attend the hearing if you can and share this message with everyone you know in California, the more California pet owners the committee hears from, the more likely the bill will pass.

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