HOUSE BILL 109

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Stephanie Garcia Richard

AN ACT

RELATING TO PUBLIC HEALTH; PRESCRIBING FACTORS TO DETERMINE THE MANAGEMENT AND DISPOSITION OF WILD ANIMALS THAT HAVE BITTEN OR OTHERWISE POTENTIALLY EXPOSED A HUMAN TO RABIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 77-1-6 NMSA 1978 (being Laws 1979, Chapter 194, Section 2) is amended to read:

     "77-1-6. [NOTICE TO HEALTH OFFICER OF ANIMAL BITE--CONFINEMENT--ANIMAL CONTACT WITH RABID ANIMALS--ANIMAL RABIES QUARANTINE--PROCEDURE FOLLOWING DEATH FROM RABIES] ANIMAL BITES--DEPARTMENT OF HEALTH AUTHORITY TO PRESCRIBE REGULATIONS--MANAGEMENT AND DISPOSITION OF RABIES-SUSPECT WILD ANIMALS.--[The health and environment]

          A. In accordance with this section, the department of health shall prescribe regulations for the reporting of animal bites, confinement and disposition of rabies-suspect animals, rabies quarantine and the disposition of dogs and cats exposed to rabies, in the interest of public health and safety.

          B. The management and disposition of a wild animal that has bitten or come into contact with a human in such a way that rabies could be transmitted shall be determined based on the species, the circumstances of exposure, the epidemiology of rabies in the area, the exposing animal's history and current health status and the animal's potential for exposure to rabies.

          C. A wild animal that has bitten or otherwise potentially exposed a human to rabies shall not be captured or destroyed, unless:

                (1) a department of health official determines, based on evidence after interviewing the person bitten or witnesses, that the animal behaved in a predatory manner, attacked unprovoked, exhibited symptoms or signs of rabies or was in contact with a known rabid animal;

                (2) the animal is of a species identified by the federal centers for disease control and prevention as a rabies reservoir species in North America, which includes all subspecies of raccoon, skunk, fox, coyote, bat and mongoose; or

                (3) the person bitten by or otherwise exposed to a rabies-suspect animal has requested or consented to rabies prophylaxis, and the personal physician treating the person bitten by or otherwise exposed to a rabies-suspect animal determines that rabies prophylaxis will severely injure or threaten the life of that person and that testing the animal for rabies is necessary to minimize the person's health risks.

          D. Nothing in this section shall preclude federal, state or local officials from conducting otherwise lawful wildlife management.

          E. As used in this section, the terms "wild animal" and "wildlife" do not include dogs, cats, ferrets, livestock or other domestic animals."

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