2019 -- H 5073

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LC000366

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY - CRUELTY TO ANIMALS

     

     Introduced By: Representatives O'Brien, Marshall, Williams, Serpa, and Lima

     Date Introduced: January 10, 2019

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 4-1 of the General Laws entitled "Cruelty to Animals" is hereby

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amended by adding thereto the following section:

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     4-1-41.1. Declawing prohibited.

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     (a) It is unlawful for any person, as defined in ยง 4-1-1, to perform or cause to be

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performed, an onychectomy (declawing) or flexor tendonectomy procedure by any means on a cat

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or other animal, unless the procedure is deemed necessary for a therapeutic purpose by a licensed

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veterinarian.

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     (b) A person who violates this provision shall be fined not more than one thousand

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dollars ($1,000). In addition to any other penalty provided by law, a person fined under this

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section may be barred from owning or possessing any animals, or living on the same property

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with someone who owns or possesses animals, for a period of time deemed appropriate by the

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court, and be required to take humane education, pet ownership and dog training classes as

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ordered by the court.

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     (c) Whenever a licensed veterinarian determines that an onychectomy or flexor

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tendonectomy is necessary for a therapeutic purpose, the veterinarian shall prepare and file a

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written statement with the department of environmental management setting forth the purpose for

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performing the procedure and providing the name and address of the owner or keeper of the

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animal, and provide a copy of that statement to the owner of the animal. A veterinarian who fails

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to comply with the provisions of this section shall be subject to disciplinary action by the

 

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department of health, board of veterinary medicine.

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     (d) As used in this section, "therapeutic purpose" means for purpose of necessity to

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address the medical condition of the animal, such as an existing or recurring illness, infection,

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disease, injury, or abnormal condition in a claw that compromises the animal's health.

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"Therapeutic purpose" shall not mean cosmetic or aesthetic reasons or reasons of convenience in

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keeping or handling the animal.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY - CRUELTY TO ANIMALS

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     This act would prohibit declawing on a cat or other animal, unless a licensed veterinarian

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has determined that the procedure is necessary for a therapeutic purpose. Any person who

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violates this section would be subject to a fine of not more than one thousand dollars ($1,000).

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     This act would take effect upon passage.

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