# North Carolina's Rabies Laws



## SpooOwner (Oct 1, 2010)

On a whim, I looked into N.C.'s rabies laws to see what they actually say. Rabies is covered by state statute and county ordinances. Vets and other owners will tell you that the law says that you must have your dog vaccinated at 4 months, followed by a 1 yr booster, and re-vaccination every 3 years subsequent.

Guess what? It doesn't say that.

NC General Statute

Durham County Ordinance

If you live in Durham County, and I suspect the other 84 counties in the state, all you are required to do is vaccinate your dog at four months. Yes, that's young and it sucks, but you never have to give your dog (or cat or ferret) another shot. Of any sort. (It may be another issue is your pet is exposed to rabies.)

So where does this confusion come from? My guess is that it largely stems from the state vet's website. It says:


North Carolina rabies law requires that all owned dogs, cats and ferrets must be vaccinated against rabies by four months of age (NCGS 130A-185). One shot is not enough; rabies vaccinations must be kept current (talk to your veterinarian about when your pet needs its rabies booster shots). In 2009, the N.C. General Assembly updated the state’s rabies laws to conform to recommendations of the Centers for Disease Control and Prevention and the National Association of Public Health Veterinarian’s Compendium of Animal Rabies Prevention and Control, 2008.​

People - including vets - misread this to mean that re-vaccination is required by law. They assumed that when the state's rabies laws were updated according to the NASPHV's guidelines, the new laws reflect those guidelines in their entirety. Instead, the language was merely broadened to cover ferrets (in addition to cats and dogs).

It's worth checking into your own state's laws. They may not say what you think. On the other hand, having an out-of-date rabies tag may not save your pet from being put down reflexively by animal control if they are also under the impression that re-vaccination is required.


----------



## magicre (Apr 7, 2010)

talk about being stuck between a rock and a hard place...and being at the mercy of your vet, if i'm reading this right...



> One shot is not enough; rabies vaccinations must be kept current (talk to your veterinarian about when your pet needs its rabies booster shots).


----------



## SpooOwner (Oct 1, 2010)

Not sure what you're getting at Re. That statement doesn't reflect the law, but is merely a recommendation from the state vet's office. Again, the law in NC doesn't require re-vaccinations or boosters. The state vet may _recommend_ boosters, but recommendations are not law, and we can ignore the state vet's recommendations without violating law.


----------



## magicre (Apr 7, 2010)

SpooOwner said:


> Not sure what you're getting at Re. That statement doesn't reflect the law, but is merely a recommendation from the state vet's office. Again, the law in NC doesn't require re-vaccinations or boosters. The state vet may _recommend_ boosters, but recommendations are not law, and we can ignore the state vet's recommendations without violating law.


am i reading this right......because what i thought i read is it is up to your vet, not the state, after four months? or did i not read that correctly...


----------



## SpooOwner (Oct 1, 2010)

magicre said:


> am i reading this right......because what i thought i read is it is up to your vet, not the state, after four months? or did i not read that correctly...


That's incorrect. Your confusion is understandable - it's why everyone else in NC is confused. Basically the source of confusion is a misunderstanding about where to find "law." Laws are housed in statutes, regulations, and ordinances. Law is not whatever is written on a website.

The state vet _recommends_ that you booster, but the law does not _require_ that you booster. Is that more clear?


----------



## magicre (Apr 7, 2010)

SpooOwner said:


> That's incorrect. Your confusion is understandable - it's why everyone else in NC is confused. Basically the source of confusion is a misunderstanding about where to find "law." Laws are housed in statutes, regulations, and ordinances. Law is not whatever is written on a website.
> 
> The state vet _recommends_ that you booster, but the law does not _require_ that you booster. Is that more clear?


yes. what i was thinking was vets could state that it's law when it isn't.....and the unknowing would just blindly follow....that's where i got confused.


----------



## chowder (Sep 7, 2008)

That's really interesting. We were ALWAYS told that they needed the first shot at 4 months, a booster a year later, and then a vaccination every 3 years and that it was law. 

I wonder if anyone has argued it and what would happen if your dog was exposed to rabies. We have so much rabies in our area right now, I'm a little leery to challenge it. It would be interesting though.


----------



## SpooOwner (Oct 1, 2010)

magicre said:


> yes. what i was thinking was vets could state that it's law when it isn't.....and the unknowing would just blindly follow....that's where i got confused.


That's exactly why everyone's confused. People read the State Vet's website and think what they're reading is law. But it's not. My vet is wonderful, but he's mistaken on this, too. He read the part about the state conforming to the NASPVH's guidelines and thought that the state adopted NASPVH's re-vaccination protocols. But they didn't. They incorporated other sections of the guidelines, but the re-vaccinations are not required by law in NC.



chowder said:


> That's really interesting. We were ALWAYS told that they needed the first shot at 4 months, a booster a year later, and then a vaccination every 3 years and that it was law.
> 
> I wonder if anyone has argued it and what would happen if your dog was exposed to rabies. We have so much rabies in our area right now, I'm a little leery to challenge it. It would be interesting though.


First, it varies by county, so you have to look at Wake's ordinances. Second, I've been told - but haven't verified - that if your dog is "exposed" to rabies, you must have it re-vaccinated within 5-8 days. I have no idea if this is correct. I have no idea what "exposed" means.

Third, in practice the real issue is that Animal Control may believe that your dog needs to be re-vaccinated regularly. And if your dog is picked up, they have the discretion to put down your dog. That act is illegal, but your dog will be dead long before you get to trial/settlement. _Everyone_ is mistaken about the law. Even though this analysis is correct, you may lose your dog if you don't follow what people _think_ is the law.


----------



## SerenityFL (Sep 28, 2010)

Alright, help me out here....cause I'm not seeing any "rule" where they say the rule is to be.

This is for Maine:



> Title 7: AGRICULTURE AND ANIMALS
> Part 9: ANIMAL WELFARE
> Chapter 720: RABIES PREVENTION AND SHELTER PROVISIONS
> 
> 1-A. Required for dogs. A person owning or keeping a dog shall, within 30 days after the dog attains the age of 6 months, cause the dog to be vaccinated against rabies and shall have booster vaccinations administered periodically in accordance with rules adopted by the Commissioner of Health and Human Services under section 3922, subsection 3. A wolf hybrid is required to be vaccinated in accordance with this subsection. The procedure prescribed under Title 22, chapter 251, subchapter 5 for a wolf hybrid suspected of having rabies does not change based on proof that the wolf hybrid has received a rabies vaccination.


Ok, so you have to get your dog a shot after they are six month's old. That's clear. Then they say you have to get boosters in according with CoHHS per section 3922, subsection3....ok, here is that:



> §3922. Issuance of license
> 
> 3. Proof of immunization. A municipal clerk may not issue a license for a dog until the applicant has filed with the clerk proof that the dog has been immunized against rabies in accordance with rules adopted by the Commissioner of Health and Human Services, except that the requirement of immunization may be waived by the clerk under conditions set forth by the Commissioner of Health and Human Services.
> The commissioner shall adopt rules that allow the clerk and the commissioner to accept valid proof of immunization against rabies provided by another state.


That says NOTHING about boosters. So wth is the law?


----------



## SpooOwner (Oct 1, 2010)

SerenityFL said:


> Alright, help me out here....cause I'm not seeing any "rule" where they say the rule is to be.


Check out MDHHS rules, ch. 260.


----------



## chowder (Sep 7, 2008)

I thought I would update this discussion with an article that was in this weeks paper. A local woman had to have her dog quarantined for 6 months because he was 45 days 'overdue' on his rabies vaccine according to the state. He didn't actually come in direct contact with the rabid raccoon, just barked and barked at it while it was under the deck. The woman is trying to allow them to let her dog finish his last two months of quarantine at home because he has already spent 4 months at a local vets office. This is a dog that has always had his rabies vaccines, and was just a few days 'overdue' on one. They even say in the article that he probably has lifetime protection. 

Dog on rabies watch; woman wants him back - Orange County - NewsObserver.com


----------



## SpooOwner (Oct 1, 2010)

It's frustrating when everyone's misreading - and therefore misapplying - the law. That said, I haven't looked into Orange County's ordinances.


----------

