NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 08-1308
      
      
      BY REPRESENTATIVE(S) Stafford, and Todd;
      also SENATOR(S) Johnson, and Tupa.
      
      
      Concerning treatment that may result in harm to certain
           animals.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  25-4-607, Colorado Revised Statutes, is amended to
      read:
      
           25-4-607.  Order of board of health requiring inoculation of
      animals.  (1) (a)  When it is deemed advisable in the interest of public
      health and safety, the board of health of an organized health department or
      a county board of health may order that all dogs, cats, other pet animals, or
      other mammals in the county or district be vaccinated against rabies, such
      vaccination to be performed by a licensed veterinarian.
      
           (b)  Notwithstanding the provisions of this section, no paragraph
      (a) of this subsection (1), a board of health of an organized health
      department or a county board of health shall not order the inoculation of
      animals dogs, cats, or ferrets against rabies any more frequently than is
      recommended in the "Compendium of Animal Rabies Control" as
      promulgated by the national association of state public health veterinarians.
      
           (2)  A veterinarian, with the written consent of an animal's
      owner, may issue a written waiver pursuant to the rules of the
      health department, exempting an animal from a rabies vaccination
      order if the veterinarian, in his or her professional opinion,
      determines that the rabies inoculation is contraindicated due to
      the animal's medical condition.
      
           (3) (a)  The executive director of the health department
      shall enact rules allowing for the exemption of an animal from a
      rabies vaccination due to the medical condition of the animal.
      
           (b)  The owner of an animal seeking an exemption from a
      rabies vaccination for his or her animal must provide the
      veterinarian with written consent for the exemption.
      
           (c)  A veterinarian supplying a waiver exempting an animal
      from a rabies vaccination, county and municipal health
      departments, their assistants and employees, the health
      department, health officers, and anyone enforcing this part 6
      shall not be liable for any subsequent accident, disease, injury, or
      quarantine that may occur as a result of an animal exempted from
      a rabies vaccination pursuant to the rules of the health
      department.
      
           (4)  A waiver executed pursuant to this section shall be
      accepted and recognized by any local or regional authority
      issuing licenses for the ownership of animals.
      
           SECTION 2.  25-4-615 (2), Colorado Revised Statutes, is amended
      to read:
      
           25-4-615.  Further municipal restrictions not prohibited. 
      (2)  Notwithstanding subsection (1) of this section, no a municipality shall
      not require any animal a dog, cat, or ferret to be inoculated against
      rabies any more frequently than is recommended in the "Compendium of
      Animal Rabies Control" as promulgated by the national association of state
      public health veterinarians, and a veterinarian may issue a written
      waiver exempting an animal from a rabies vaccination order as
      provided in section 25-4-607.
      
           SECTION 3.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Andrew Romanoff                        Peter C. Groff
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO