322.140. Animal bite, report to county health department in absence of county rules--investigation of report--responsibility of owner--rulemaking authority.
Animal bite, report to county health department in absence of countyrules--investigation of report--responsibility of owner--rulemakingauthority.
322.140. 1. If a county does not adopt rules and regulationspursuant to sections 322.090 to 322.130, whenever an animal bites orotherwise possibly transmits rabies or any zoonotic disease, the incidentshall be immediately reported to the county health department. The countyhealth department shall immediately report the incident to the departmentof health and senior services and shall cooperate fully with the departmentof health and senior services in its investigation.
2. Upon receipt of an incident report where an animal bites orotherwise possibly transmits rabies or any zoonotic disease, the departmentof health and senior services shall investigate the incident and shall havediscretion to order the animal quarantined, isolated, impounded, tested,immunized or disposed of to prevent and control rabies or zoonotic disease.
3. With regard to exposure to rabies or zoonotic disease thedepartment of health and senior services shall, in its investigation andissuance of its order, consider the following:
(1) Prior vaccinations for rabies or zoonotic disease;
(2) The degree of exposure to rabies or zoonotic disease;
(3) The history and prior behavior of the animal prior to exposure;
(4) The availability and effectiveness of human postexposureimmunization for rabies or zoonotic disease;
(5) The willingness of the individual so exposed to submit topostexposure immunization for rabies or zoonotic disease; and
(6) Any other relevant information.
4. It shall be unlawful for the owner of an animal that bites orotherwise possibly transmits rabies or any zoonotic disease to knowinglyfail or refuse to comply with a lawful order of the department of healthand senior services declaring a quarantine, isolation, impounding, testing,immunization or disposal of an animal. It shall also be unlawful for anowner of an animal that bites or otherwise possibly transmits rabies or anyzoonotic disease to sell, give away, transfer, transport to another area orotherwise dispose of an animal until the animal has been released by thedepartment of health and senior services. A violation of this subsectionshall be a class A misdemeanor.
5. The owner of an animal that bites or otherwise possibly transmitsrabies or any zoonotic disease shall be responsible for all costsassociated with the incident, including:
(1) The cost to test the animal for rabies or zoonotic disease;
(2) The cost to test the exposed person for rabies or zoonoticdisease; and
(3) The cost to treat the person exposed to rabies or zoonoticdisease.
6. The department of health and senior services shall have authorityto promulgate rules and regulations concerning the classification ofdisease as a zoonotic disease. Any rule or portion of a rule, as that termis defined in section 536.010, RSMo, that is created under the authoritydelegated in this section shall become effective only if it complies withand is subject to all of the provisions of chapter 536, RSMo, and, ifapplicable, section 536.028, RSMo. This section and chapter 536, RSMo, arenonseverable and if any of the powers vested with the general assemblypursuant to chapter 536, RSMo, to review, to delay the effective date or todisapprove and annul a rule are subsequently held unconstitutional, thenthe grant of rulemaking authority and any rule proposed or adopted afterAugust 28, 2001, shall be invalid and void.
(L. 2001 S.B. 462)