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:

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

amended by adding thereto the following section:

     4-1-41.1. Declawing prohibited.

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

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

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

veterinarian.

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

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

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

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

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

ordered by the court.

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

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

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

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

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

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

department of health, board of veterinary medicine.

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

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

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

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

keeping or handling the animal.

     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

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

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

     This act would take effect upon passage.

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LC000366

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