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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.
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 be concerned
about this issue to do the same. E-mails for the
entire New Mexico Legislature are listed at the
bottom of this message.
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
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