13 March 2024
WICHITA, Kan. (KNSW) — The Wichita Animal Action League has joined the Kansas Humane Society in calling for a change over KSA 47-624.
According to the KHS, another humane society in Kansas was inspected by the Kansas Department of Agriculture under the state law, which states:
47-624. Unlawful acts; civil penalties. (a) In addition to any other penalty provided by law, any person who has in such person’s possession any domestic animal affected with any contagious or infectious disease, knowing such animal to be so affected, may incur a civil penalty imposed under subsection (b)* if such person:
(1) Permits such animal to run at large;
(2) keeps such animal where other domestic animals, not affected with or previously exposed to such disease, may be exposed to such contagious or infectious disease;
(3) sells, ships, drives, trades or gives away such diseased and infected animal or animals which have been exposed to such infection or contagion, except by sale, trade or gift to a regularly licensed disposal plant; or
(4) moves or drives any domestic animal in violation of the rules and regulations, directions or orders establishing and regulating quarantine.
(b) Any owner of any domestic animal which has been affected with or exposed to any contagious or infectious disease may dispose of the same after such owner obtains from the animal health commissioner a bill of health for such animal.
(c) Any duly authorized agent of the commissioner, upon a finding that any person, or agent or employee thereof, has violated any of the provisions of subsection (a), may impose a civil penalty upon such person as provided in this section. Such penalty shall be an amount not less than $250 nor more than $1,000 for each such violation and in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(d) No civil penalty shall be imposed pursuant to this section except upon the written order of the duly authorized agent of the commissioner to the person who committed the violation. Such order shall state the violation, the penalty to be imposed and the right of the person to appeal to the commissioner. Any such person, within 20 days after notification, may make written request to the commissioner for a hearing in accordance with the provisions of the Kansas administrative procedure act. The commissioner shall affirm, reverse or modify the order and shall specify the reasons therefor.
(e) Any person aggrieved by an order of the commissioner made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(f) Any civil penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.”
Kansas Office of Revisor of Statutes
The KHS says the humane society accepted a puppy that tested positive for canine parvovirus, or “parvo” for short. They then transferred the puppy from the facility to a foster home for post-parvo care.
“Despite this statute being on the books for 20 years, it has never been enforced for licensed
shelters and rescues, resulting in countless local pet lives saved,” said the KHS. “The KDA has reported that this statute has always been enforced and this is absolutely false. There have also been no reported disease outbreaks stemming from a rescue or shelter in the State of Kansas.”
The KHS says enforcing this statute is detrimental to keeping animals with an infectious or contagious disease alive. This means an animal having something like a mild cold could possibly mean death.
The Kansas Humane Society (KHS) and Wichita Animal Action League are calling for
change.
Kansas Humane Society
“Our CEO continues to work with KDA for clarification to the many questions posed
around this new interpretation of the law and its practical application, but we have yet to
receive clarification,” said the KHS.
The KHS, alongside a group of shelter and rescue leaders, attended the Kansas Pet Advisory Board on Wednesday, where they asked for clarification and presented their concerns. Kansas Animal Health Commissioner Dr. Justin Smith was in attendance.
“Dr. Smith stated that he had issued a standing order back in 2019 that allowed rescues and shelters to send sick animals to foster homes under certain circumstances,” said the KHS.
The standing ordering is only applicable to dogs, not cats, according to the KHS.
The standing order requires:
The rescue/shelter must have a standing relationship with a veterinarian.
The vet must provide a written treatment plan to the foster home for the specific animal.
The vet must provide a Risk of Exposure statement to the foster, which outlines the risk to
the foster’s/community’s animals and must be signed by both parties.
The KDA also clarified to the KHS that the ownership of an animal must not be transferred if it is actively sick. Once the animal is no longer infection or contagious, the shelter or rescue’s vet must write a letter stating so. The letter must then be returned to the original shelter so they can transfer ownership. The document must be kept for three years.
“Due to the nationwide veterinary shortages and the financial/logistical considerations
needed to comply with this order, it would be extremely difficult for rescues and shelters to
meet these standards,” said the KHS.
The KHS issued the following statement:
Either a state administrative/regulatory revision needs to change how this law is being applied,
or we must demand a change to the statute which is being improperly applied to domestic
companion pets. This statute was clearly written for livestock to protect the agricultural
industry and is not truly applicable to companion animals. We are proposing a legislative
change to KSA 47-624 which would exempt licensed animal shelters or rescues from the
provisions found in Article 6 unless there’s a quarantine related to an outbreak of disease at
that licensed animal shelter or rescue. However, we acknowledge that getting a bill passed with
so little time left in the legislative session will be very difficult so we are hoping that KDA
regulatory changes can be made to allow exceptions for the transfer of cats and to limit the
requirements. We would also propose a regulatory change that would allow for
rescues/shelters to move “infectious animals” to another rescue/shelter on the orders of a vet
of record as long as appropriate policies and procedures on biosecurity and disinfection
practices have been developed and all fosters have been trained in these practices.”
Kansas Humane Society
WAAL and the KHS also posted to Facebook, urging the public to take steps to fight for change.