New Mexico Register / Volume
XXXII, Issue 6 / March 23, 2021
NOTICE OF RULEMAKING
The New Mexico Board of Veterinary Medicine (NMBVM) will hold a Rules Hearing on April 22, 2021. Following the Rules Hearing, the Board of Veterinary Medicine will convene a regular meeting to adopt the rules and take care of regular business. The Board of Veterinary Medicine Rules Hearing will begin at 9:00 a.m. and the regular meeting will convene following the Rules Hearing. The Rules Hearing and regular meeting will be held via Zoom Teleconferencing.
Meeting ID: 861 6809 4404; Passcode: 713706.
Copies of the proposed rules may be obtained in person from Frances R. Sowers, Executive Director, New Mexico Board of Veterinary Medicine, 7301 Jefferson Street, N.E., Suite H, Albuquerque, New Mexico 87109-4363, by calling (505) 553-7021 or by downloading from the board’s web site: www.NMBVM.org. Interested persons may submit their comments on the proposed rules in writing to Frances R. Sowers, Executive Director, New Mexico Board of Veterinary Medicine, 7301 Jefferson Street, N.E., Suite H, Albuquerque, New Mexico 87109-4363 or by email to director@NMBVM.org or by participating in the rules hearing.
The New Mexico Board of Veterinary Medicine, is adopting the following rules that are part of the New Mexico Administrative Code (NMAC): 16.24.7 – Minimum Standards – Animal Shelters.
Section 61-14-5. F. NMSA 1978, authorizes the board to promulgate rules and regulations that may be necessary to carry out the duties of the board.
Notice Date: 3/23/2021
Hearing Date: 4/22/2021
Adoption Date: Proposed as 6/1/2021
Technical Citations: HB219
The board is
establishing rules as mandated by state legislation contained in House Bill
(HB) 219. HB291 states, “The board shall
provide for inspections of animal shelters and euthanasia agencies and adopt,
promulgate and revise rules necessary to carry out the provisions of the Animal
Sheltering Act.”
The board
through these rules promulgations is implementing minimum standards for animal
shelters.
The board is
proposing to adopt the rules as follows:
16.24.7.8 SHELTERING CAPACITY STANDARDS:
A. The delivery of sheltering services shall be provided in
a competent and humane matter.
B. Sheltering services shall be performed in a manner
ensuring the health and well-being of animals while in the care of sheltering
providers. The recommended standard of
care is 15 minutes per animal per day.
C. Sheltering providers shall practice active population
management within the balance of decisions and practices that support the
overall population of the shelter.
[16.24.7.8 NMAC - N, 5/1/2021]
16.24.7.9 PREMISES - STRUCTURAL: All exterior structures and fencing should:
A. be constructed of building
materials that will ensure a sound physical structure;
B. be maintained in good repair;
C. protect animals from injury and
ensure containment within shelter;
D. prevent the entry of outside
animals and unauthorized persons;
E. include four solid walls for animal weather
protection
F. include fencing sufficiently
constructed to prevent animals from jumping, climbing or digging to escape.
[16.24.7.9 NMAC - N, 5/1/2021]
16.24.7.10 FACILITY STANDARDS:
A. Animal housing areas should be physically apart from
areas where food and drink for human consumption are prepared, served or
stored.
B. Interior building surfaces should be constructed and
maintained to be water resistant to moisture and easily cleaned.
C. Animal food storage and equipment cleaning areas should
be physically apart from animal housing.
D. Reliable, adequate electric power or gas should be
provided for lighting, air circulation, heating, and cooling.
E. Reliable and adequate potable water shall be
provided. Back flow preventers may be
installed on any threaded faucets with attached hoses for the purpose of
cleaning the facility, or on the main water line serving the facility.
F. Noise control should be considered for the well-being of
animals as well as visitors. Noise
mitigation may include:
(1) Housing cats away from the sound of
dogs.
(2) Facility modifications to minimize or
contain barking.
(3) Training staff to minimize slamming
doors.
(4) Using music to reduce animal stress.
G. Readily accessible washrooms or sinks should be provided
to maintain personal hygiene of animal caretakers.
(1) A two-compartment sink in good repair
should be provided for washing and sanitizing equipment used for animal care
and feeding.
(2) A tub or low-pressure hose should be
available to wash any animal that becomes soiled to avoid the use of
high-pressure hoses for cleaning animals.
H. Indoor housing for animals shall be sufficiently heated
or cooled to protect animals from extreme temperatures. The ambient temperature shall be consistent
with the requirements of the specific species.
I. Indoor housing for animals should be adequately
ventilated with fresh air to minimize odors and moisture and to provide for the
health of the animals.
J. Water supply should allow for hose hook up to readily reach all parts of animal housing. Water pressure shall be adequate for cleaning
of animal housing areas.
K. A suitable method to rapidly eliminate excess water from
animal housing areas should be provided.
Drains shall be property constructed and maintained in good repair. If closed drainage systems are used,
wastewater shall be disposed of by connection to a sanitary sewer or approved
sewage disposal system.
[16.24.7.10 NMAC - N, 5/1/2021]
16.24.7.11 ANIMAL ENCLOSURE AND HOUSING
STANDARDS:
A. General Indoor Enclosures.
(1) Primary enclosures shall provide
sufficient space to allow each animal to make normal postural adjustments to:
(a) Turn freely.
(b) Easily stand.
(c) Sit.
(d) Stretch.
(e) Move their head without touching the
top or sides of the enclosure.
(f) Lie in a comfortable position with
limbs extended.
(g) Move about and assume a comfortable
posture for feeding, drinking, urinating, and defecating.
(h) Dogs and cats shall be able to hold
their tails erect when in a normal standing position.
(2) Primary enclosures may allow animals
to be able to see out while avoiding visual contact.
(3) Animals housed shall be confined to a
primary enclosure at all times unless under the direct supervision of shelter
personnel or a designee.
(4) Primary enclosures shall be
structurally sound and maintained in good repair and sanitary condition to
protect the animals from injury and disease.
(a) Primary enclosures shall be
constructed and maintained to enable the animals to remain dry and clean and to
provide convenient access to food and clean water.
(b) Latches shall be secure and in good
working order so that animals cannot escape.
(5) Floors of primary enclosures shall be
constructed to prevent injury to animals, ensure adequate draining and prevent
pooling of fluids. Wire mesh or slatted
floors in cages shall not be used.
(6) Guillotine or doors separating two
enclosure section shall be in working order.
(7) Animals shall not be able to escape
from their primary enclosure.
(8) When housing aggressive, under
quarantine or protective custody animals, condition of all enclosures shall be
monitored daily with various types of locks considered.
(9) Primary enclosures may house one
animal; if compatible, two altered animals per enclosure with the exceptions of
litters housed with their dams or colony housing. Animals shall not be randomly housed in
groups. Animals that fight shall not be
grouped with other animals.
(10) Isolation areas shall be provided for
animals with infectious diseases. Ten
percent of the total housing may be designated for this purpose. The isolation housing should be double-sided
to facilitate cleaning without removing the animal. Handwashing stations should be available at
all isolation areas. Isolation areas
should have separate cleaning tools personal protective equipment.
(11) Dogs shall not be tethered except in
the short term to facilitate cleaning primary enclosure or in the event of a
fire or flood emergency. In emergency
situations, short term tethering of dogs shall be used only until transport to
another facility can be made. The safety
of the dog shall be ensured while tethered.
Cats shall not be tethered.
(12) Animals placed in crates or carriers,
even for a short time, shall have ample space to stand up, turn around and lie
down. Crates and carriers shall be
disinfected and dried after each use and before another animal is placed in the
crate or carrier. Crates and carriers
may not be used as primary enclosures.
B. Outdoor Primary Enclosures. It is not recommended that primary enclosures
be exclusively outdoors and not for very young, old, sick, or injured animals.
(1) Structurally sound, weatherproof
enclosures should be made accessible to animals housed exclusively
outdoors. Water resistant and windproof
structure of suitable size shall be provided so animals stay warm and dry
during cold weather; shaded and cool during hot weather. The structure may have a water-resistant door
covering or offset doorway to minimize drafts, provide proper ventilation and
made of durable materials with the floor raised off the ground to prevent water
entry.
(2) A shaded area should be provided to
all animals housed in an outdoor primary enclosure. An animal shall be able to rest in the shade,
outside of the interior structure, but within the fencing or run.
(3) Sufficient clean, absorbent bedding
material in addition to other means of protection from weather should be
provided for the health and safety of the animals and may prevent strong orders
from forming if replaced regularly.
(4) Floors of outdoor enclosures may be
constructed of gravel, sand or soil; a solid material such as concrete is
preferable. It is not possible to
sanitize or disinfect gravel, sand or soil.
C. Enclosure Requirements for Cats
(1) Cats shall be able to assume normal
postures in primary enclosures. Space
should be large enough to accommodate bedding, food and water dishes and a
litter box. When there is more than one
cat occupying a cage, additional floor and vertical space should be provided.
(2) Primary enclosures should be made of
stainless steel, fiberglass, or other impervious material that is
water-resistant and can be cleaned and sanitized. Chicken wire, barbed wire and wood shall not
be used.
(3) Feral cat boxes, which allow for
hiding places within the cage, reduce stress for all cats.
(4) Cats should be housed in a separate
building or in a separate room far removed from rooms containing dog runs.
D. Enclosure Requirements for Dogs. Dogs shall be able to assume normal postures
and engage in normal behaviors playing and moving freely without encountering
another dog. Space should be large
enough to accommodate bedding, food and water bowls.
(1) Enclosure height should be a minimum
of one and one-half times the height of the dog at the shoulder.
(2) Floors in dog runs may slope to drain
liquid out of runs to prevent pooling or puddling in runs or walkways. Slope may be one-quarter to one-half inch per
linear foot.
(3) To prevent water and waste material
from flowing from run to run, there should be solid walls between dog
runs. Height of walls should be
sufficient to prevent nose-to-nose contact of dogs between runs.
(4) Fencing or other materials that allow
for airflow should be used, horizontally and vertically, above the solid walls
providing a protective barrier at least six feet high between runs to prevent
dogs from jumping over.
(5) All solid surfaces of dog runs should
be constructed of water-resistant concrete, stone, cement block, brick, metal,
or non-porous synthetic material which can be cleaned and sanitized. Sealed floors can be cleaned and disinfected
most effectively. Fencing materials may
be water resistant which can be easily cleaned and sanitized. Fencing materials shall be gauged and spaced
to avoid escape by or injury to dogs.
Chicken wire, barbed wire and wood shall not be used.
(6) If more than one dog occupies the
same primary enclosure, additional floor and vertical space should be provided.
E. Enclosure Requirements for Other Species. Species other than dogs and cats shall have
special requirements for housing and care.
(1) Stray livestock. The New Mexico livestock board shall be
contacted to help facilitate the identification and ownership.
(2) Exotic animals. A veterinarian or someone with expertise in
handling and caring for the species may be contacted for guidance.
(3) Wild animals. The appropriate agency shall be contacted to
take possession of the animal.
(a) Wild birds. The U.S. fish and wildlife service shall be
contacted.
(b) For any other wild animals, N.M. department
of game and fish shall be contacted.
F. Foster Housing Standards.
(1) Potential foster homes should go
through an application process with background checks and home inspections.
(2) Guidelines addressing the following
may be established:
(a) Vaccination and altered status of
foster home animals.
(b) Maximum number of animals allowed.
(c) Housing and care standards.
(d) Maximum length of foster stay.
(3) Foster parents should be trained or
educated on standards of care and potential health and wellness issues;
emergency contact information may be provided.
(4) Care capacity within foster home
should be considered before sending animals into the homes.
(5) Foster animals should be altered and
have current vaccinations unless under the care of a veterinarian.
(6) Tag or microchip identification for
foster animals should be provided to foster homes.
G. Colony/Group Housing Standards - Dogs. Dogs housed in the same primary enclosure may
be maintained in compatible groups with the following restrictions:
(1) Primary enclosures may house one, or
two, altered compatible dogs per enclosure.
Litters should be housed with their dams.
(2) A female dog in season shall not be
housed in the same primary enclosure with a male dog.
(3) An unaltered male dog shall not be
housed in the same primary enclosure with an unaltered female other than under
breeding age litter mates.
(4) An aggressive dog shall be housed
individually in a primary enclosure; for protection of shelter personnel the
enclosure shall be marked accordingly.
(5) Nursing mothers and their puppies
should be removed from other animals.
Removal will allow privacy, protection from unwanted intrusion and
noise, alleviates fear/aggression, and to promote general well-being.
(6) Dogs shall not be housed in the same
primary enclosure as cats.
(7) Dogs shall not be housed in the same
primary enclosure with any other species of animals.
H. Colony/Group Housing Standards – Cats. When housing cats in colony rooms, the
following guidelines should be followed:
(1) Cats should have at least 18 square
feet of floor space per cat to maintain a distance of three to ten feet between
cats; non-inclusive of perches or walkways.
In temperate climates, can include outdoor access with
24-hour access to indoors.
(2) Cats with unknown vaccination history
should be evaluated for health and behavior, vaccinated, isolated, and observed
for at least 24 hours before being placed in cat colony rooms.
(3) Unsterilized males shall be separated
from females. A female in season shall
not be housed in the same primary enclosure as a male.
(4) Nursing mothers and their kittens
should not be housed with other cats.
(5) One 12" x 8" cat litter pan
for every three cats or five kittens should be provided.
(6) Water and dry food should be
available at all times.
(7) Colony rooms may be equipped with
shelves, resting boxes and hiding boxes.
(8) Stainless steel, fiberglass or other
materials that are water resistant and can be cleaned and sanitized should be
used. Wood shall not be used.
(9) Any cat exhibiting aggressive
behavior shall be housed individually in its primary enclosure; for the
protection of shelter personnel the enclosure should be marked accordingly.
[16.24.7.11 NMAC - N, 5/1/2021]
16.24.7.12 SANITATION STANDARDS:
A. Written sanitation protocols shall be developed to
provide consistent and thorough sanitation of the facilities. Protocols may be reviewed periodically in
consultation with a veterinarian.
Protocols may be updated for best practices. During an outbreak, sanitation protocols
should be revised as needed to address specific pathogens.
B. Animal housing units or kennels shall be cleaned once
daily at minimum and shall be thoroughly cleaned and disinfected once an animal
no longer occupies the unit or kennel.
C. Animal waste shall be removed from primary enclosures
daily or more often to prevent contamination of animals and to reduce disease
hazards and odors. Waste shall be
disposed of in accordance with local ordinance.
D. Cages, kennels, containers, equipment, and other items
shall be cleaned at least once daily to maintain sanitary conditions.
E. Kennels and cages shall not be hosed down while animals
are inside the kennels and cages.
F. To minimize stress for an animal remaining in an
enclosure, spot cleaning may be used as appropriate. The enclosure shall be thoroughly cleaned and
disinfected once an animal leaves an enclosure.
G. Cleaning may be carried out in the following order: from first to last to minimize the spread of
disease.
(1) Healthy puppies and kittens; healthy,
nursing bitches and queens.
(2) Healthy adult animals.
(3) Unhealthy animals.
H. To minimize the spread of disease, water and food
containers and all other utensils shall be cleaned and sanitized using
generally accepted methods such as the use of heat and chemical sanitizing
solution. Containers shall be cleaned
and sanitized as often as necessary to maintain sanitary conditions; food pans
and bowls shall be cleaned between each use.
If sinks are the method for cleaning, water and food pans or bowls shall
be soaked and washed separately from litter pans with water and disinfectant
changed between water and food pans or bowls and litter pans.
I. Product manufacturer instructions shall be followed
precisely when cleaning, sanitizing and disinfecting. Chemicals shall not be mixed. Pine products and fumes are extremely toxic
to cats and birds and shall not be used near them or to clean cat enclosures,
pans, bowls etc.
J. Mopping should be avoided to reduce the spread of
pathogens. If hosing is not possible and
mopping must be used, disinfectant solution shall not be used from one housing
area to another.
K. Water and food pans or bowls may be made of metal or be
disposable. Plastic should not be used
because it may be chewed and ingested and may retain contaminants.
L. Litter boxes shall be provided for cats in their primary
enclosures with soiled litter disposed of on an as needed basis, a minimum of
once a day. Litter boxes may be
disposable or reusable if they are cleaned daily and sanitized before used by
another cat. The use of plastic litter
boxes is not recommended because they cannot be sufficiently disinfected and
may be a source of disease.
M. Animal and food waste, soiled bedding, debris, and other
organic waste should be stored in closed containers and disposed of on an as
needed basis to avoid vermin infestation, odors, disease, and nuisances. Waste should be removed at least weekly from
the facility. All reusable trash
containers should be regularly sanitized and disinfected. All clothing and bedding shall be laundered
and thoroughly dried before reuse.
N. To maintain sanitary conditions, pens and runs with absorbent
or loose flooring i.e., sand, gravel or soil soiled with urine and fecal matter
shall have such materials replaced as necessary. These types of organic materials cannot be
sanitized or disinfected when the surface is muddy, water puddled or when odors
and vermin are present.
O. Buildings and grounds shall be kept clean, in good repair
and free of trash.
P. Weeds may be mowed or cut down where animals are kept or
exercised.
Q. An effective program shall be maintained for the control
of insects, fleas, avian, and mammalian pests.
R. Opened food supplies should be stored separately in
closed waterproof containers. Unopened
supplies of food should be stored off of the floor and adequately protected
against contamination or infestation by vermin.
S. Animal bedding should be stored off of the floor and
adequately protected against contamination or infestation.
T. Dead animals shall be stored and disposed of in strict
compliance with state laws and local ordinances to avoid disease hazard or
nuisance.
[16.24.7.12 NMAC - N, 5/1/2021]
16.24.7.13 ANIMAL CARE AND HANDLING
STANDARDS:
A. Food and Water
(1) Animals should be fed twice daily
except in cases of veterinary treatment or malnutrition. The food shall be free of contamination,
palatable and of sufficient quality and nutritive value to meet normal daily
requirements for the condition, size and age of the animal. Refrigeration should be provided for
perishable food.
(2) Uneaten food shall be discarded after
24 hours. Food offered to an animal remaining
uneaten shall not be fed to other animals.
(3) Care shall be taken not to underfeed
or overfeed animals.
(4) Special consideration regarding types
of food and frequency of feeding shall be given to puppies, kittens, older
animals, and nursing dams.
(5) Malnourished or emaciated animals may
need an increased food intake; introduction of food shall be regulated and
increased gradually preferably with veterinary guidance.
(6) Animals shall be provided potable
water at all times.
(7) Food and water containers shall be
accessible and located to minimize contamination by excrement or other
material. Food and water containers
shall be cleaned daily; disposable food containers may be used only if
discarded after each use.
(8) Food and water containers should be
of a size to ensure accessibility based on the size of the animal.
(9) Spoiled, moldy food or food
contaminated with feces, droppings or insects shall never be used. Food left in food bowls from the previous day
shall be disposed of, disposable bowls discarded and
non-disposable bowls cleaned.
B. Enrichment
(1) Enrichment means improving the
environment and behavioral care for confined animals. Enrichment reduces stress and improves
well-being by providing physical and mental stimulation and encouraging
species-typical behaviors. Enrichment
shall not be considered optional.
(2) If the recommended space requirements
for dogs cannot be met due to shelter configuration, dogs may be exercised
twice daily. For dogs requiring an opportunity
to exercise, a written plan may be on file with each exercise session noted.
(3) Behavioral health and care of each
animal as well as the conditions experienced by the entire population shall be
a consideration of the shelter.
C. Quarantine and Isolation
(1) Animals that have bitten a human
shall be quarantined pursuant to New Mexico State Law, local municipal or
county ordinances.
(2) A veterinarian should be consulted.
(3) Animals under quarantine for
observation of rabies symptoms after a bite incident shall be physically
separated from all other animals and shall never be housed with animals under
treatment for a communicable disease.
(4) Quarantine areas may have a separate
ventilation system and should only be accessible to shelter personnel or owners
accompanied by shelter personnel.
(5) Animals diagnosed or under treatment
for a communicable disease should be isolated from healthy animals to minimize
spread of disease. Areas may have a
separate ventilation system. If
isolation is impossible or inadequate to control the spread of pathogens,
shelter shall weigh consequences of exposure to general population and the
alternative, euthanasia.
D. Other Care Considerations
(1) Shelter animals shall always be
handled safely and humanely to prevent injury, distress and spread of disease
both to animals and personnel.
(2) Adequate animal handling equipment
such as transfer cages, nets, catch poles, syringe poles shall be available,
kept clean and in good repair to ensure the safety of personnel and animals.
(3) Shelter personnel should be trained
in current humane and sanitary animal handling techniques.
(4) Long term confinement, including
feral and aggressive animals, who cannot be provided
with basic care, daily enrichment and exercise without inducing stress shall
not be considered.
(5) The minimal amount of physical
restraint needed without injury to people or animals shall be used.
(6) The use of catch poles for routine
restraint of cats, including carrying or lifting, is inhumane and poses
significant risk of injury to the animal and shall not be used. Humane traps, boxes or nets designed for
restraint shall be used for handling fractious cats or cats who
appear to be unaccustomed to handling.
(7) When cats are moved from one location
to another, it is recommended to cover the carrier with a towel or sheet to
reduce stress and susceptibility to disease.
(8) Cats should be provided with clean
bedding in each cage. Bedding shall be
replaced when soiled or wet and when a new animal is introduced to the
enclosure.
(9) Bedding or platforms may be provided
to dogs on an as needed basis. Clean
bedding should be provided to old, young, ill, or injured dogs. Bedding shall be replaced when soiled or wet
and when a new animal is introduced to the enclosure. Only single layer bedding should be used for
puppies and kittens to prevent accidental suffocation.
(10) Nursing dams may be provided with a
whelping box. If a shelter is unable to
provide a whelping box, the shelter shall ensure nursing dams have adequate
bedding, warmth and cleanliness. Bedding
shall be provided in the whelping box and replaced when soiled or wet.
(11) Nursing mothers and their babies should
be removed from other animals to allow for privacy, protect them from unwanted
intrusion and noise, to alleviate fear/aggression, and to promote their general
well-being.
(12) Animals may be cleaned and groomed on
an as needed basis.
(13) Medical issues should be treated;
matted coats can cause pain, skin or eye irritation, or trap fecal matter. Bathing may be necessary to prevent or treat
parasites and insects.
(14) No animal shall be allowed to suffer
while in the care of the shelter.
(15) Care shall be taken to ensure that
animals are not squirted or hosed with water, not put in contact with chemicals
and not placed back in wet or damp enclosures.
[16.24.7.13 NMAC - N, 5/1/2021]
16.24.7.14 DISEASE CONTROL, HEALTH AND
VETERINARY CARE STANDARDS:
A. No animal shall be allowed to suffer due to lack of
veterinary care.
B. Shelters shall not fail to provide treatment for pain.
C. Shelters shall ensure compliance with all federal, state
and local laws concerning reportable diseases.
D. Animals should be examined for injury and signs of
disease at the time of impound under the guidance of a veterinarian, if
possible, and treated immediately if animal is in pain or distress. If injured or sick animals cannot be provided
veterinary care in a timely manner to stop their pain and suffering, the animal
shall be humanely euthanized.
E. Common signs of illness, injury or parasitic infestation
in dogs and cats that warrant veterinary care:
(1) Eyes are watery, appear swollen or
show discharge.
(2) Ears are red or inflamed, show
discharge or have a foul odor.
(3) Nose shows mucous, blood or pus
discharge, or is crusty, congested or blocked.
(4) Gums are swollen or inflamed, teeth
are loose or brown, or mouth has a foul odor.
(5) Animal is sneezing, coughing or
wheezing.
(6) Animal has fleas or ticks; skin shows
swelling or lesions.
(7) Animal limps or does not place weight
on a limb.
(8) Animal is thin or obese.
(9) Animal has wounds, abscesses, cuts,
or abrasions.
(10) Body temperature is abnormal.
(11) Animal is vomiting or has diarrhea.
F. Shelter should have a trained and experienced staff
member, a veterinary technician or a veterinarian available to check animals
and to provide care. Symptoms of
possible illness shall be noted, recorded and brought to a supervisor’s
attention immediately.
G. Animals should be observed daily for signs of disease or
distress. An animal suspected of having
an infectious disease may be physically separated from other susceptible
animals until the animal is determined to be non-infectious.
H. A system should be in place to care for injured and sick
animals brought to the shelter after normal working hours. Shelters may enter into a written contract
with a local veterinarian to be available on call for treatment after hours.
I. Animals with obvious signs of serious disease, injury or
distress that cannot be addressed, as well as aggressive animals, shall be
humanely euthanized.
J. For humane reasons, it may be necessary to euthanize an
animal despite the holding time requirements not having been met. An animal shall not be allowed to suffer while
in the shelter’s care.
K. Dogs and cats may be dipped or sprayed, top spotted or
given oral treatment for fleas, ticks or internal parasites, as necessary. Methods shall be used according to the season,
region of state and according to manufacturer’s instructions concerning
treatment strengths depending on size, age or health of animal.
[16.24.7.14 NMAC - N, 5/1/2021]
16.24.7.15 VACCINATIONS STANDARDS:
A. All dogs and cats should be vaccinated upon initial
impound. A veterinarian or trained staff
member may administer the following core vaccines:
(1) Dogs:
(a) DA2PP or
DHPP vaccine to provide protection against distemper, adenovirus-2, parvovirus,
parainfluenza. Adult dogs may be
vaccinated upon intake. Puppies may be
vaccinated starting at 4-6 weeks of age and re-vaccinated every 2-4 weeks until
16-18 weeks of age.
(b) Bordetella bronchiseptica
vaccine to protect against kennel cough for puppies and adult dogs.
(2) Cats:
FVRCP vaccine to provide protection against feline herpesvirus, feline
viral rhinotracheitis, feline calicivirus,
and feline panleukopenia. Adult cats may be vaccinated once upon
intake. Kittens may be vaccinated
starting at 4-6 weeks of age and re-vaccinated every 2-4 weeks until 18 weeks
of age. A modified live vaccine is
recommended.
B. All animals shall be considered unvaccinated unless a
documented medical record exists.
Special consideration shall be given to animals with medical conditions,
pregnant animals and animals less than four weeks old.
C. Core vaccines should be administered at the time of
intake for optimum disease control.
D. Rabies vaccinations may be given at the time of adoption
or by the adopter’s veterinarian depending on local municipal or county
ordinance.
E. Rabies vaccinations shall be administered pursuant to
Section 77-1-3 NMSA 1978.
[16.24.7.15 NMAC - N, 5/1/2021]
16.24.7.16 RECORD KEEPING STANDARDS:
A. Records shall be kept for each animal impounded, for each
animal accepted as an owner-surrender, for each animal brought to the shelter
by a member of the public as a stray, and for each animal that is otherwise
acquired.
B. Records shall include:
(1) Date of acquisition and manner of acquisition:
animal control officer, public intake,
owner surrender etc.
(2) Description and identifying
characteristics including: species,
breed, color, age, weight, gender, and any background information.
(3) Tag and microchip information.
(4) Reason for impoundment or
relinquishment.
(5) Veterinary care.
(6) Disposition of the animal.
(7) Date of redemption of adoption,
transfer of ownership or euthanasia.
(8) Name, address and telephone number of
receiving person or entity.
C. Statistics should include monthly intake and outcomes by
type for each species.
D. Collars, tags or other potential identification should be
kept on the animal or in the animal’s file during the impound time.
E. Each animal shall be identifiable by use of cage/run
cards or identifying collars.
F. Photographs should be taken of each animal, maintained
with the animal’s records and posted on its cage to minimize the possibility of
a mistaken euthanasia.
G. Shelters shall maintain records for a minimum of two
years from the date of an animal’s final disposition.
[16.24.7.16 NMAC - N, 5/1/2021]
16.24.7.17 COMMUNITY ACCESS AND SERVICE
STANDARDS:
A. Shelters should be accessible to the public seeking to
reclaim their animal or adopt an animal.
(1) Hours open to the public shall be
clearly marked on the facility.
(2) The shelter’s telephone number and
address shall be listed in local telephone directories.
(3) The shelter should have internet
presence with all pertinent information as well as listings of lost or found
animals and animals available for adoption.
(4) Shelters should be open to the public
at least one weekend day or two days until 6:00 p.m.
B. Shelters may have provisions for animals dropped off
after hours. Care shall be taken so that
animals are protected from injury, theft and the elements. Unattended drop boxes are not
recommended. Provisions should be made
for after hours entry,
impoundment and treatment procedures for animal control officers to
follow. Sick or injured animals shall be
attended to by trained personnel immediately due to potential for unalleviated
suffering of the animal as well as liability to the shelter.
C. When an animal has visible identification or a microchip
upon impound, shelter personnel shall make every attempt to contact the
owner. Each animal shall be scanned for
a microchip and the number entered into the animal’s record. If the owner surrenders a microchipped
animal, the shelter shall determine if the surrendering owner matches the name
on the microchip to ensure the animal is not stolen. In the case of stray animals, the shelter
shall promptly attempt to contact the owner to whom the microchip is registered
by telephone. In the event no contact
can be made via telephone, then the shelter may send a letter to the address
listed on the microchip registration.
Attempts to trace microchip information and contact attempts with the
registered owner shall be documented.
D. In addition to being scanned at intake, animals shall be
re-scanned prior to final disposition.
If the final disposition is by euthanasia, scanning shall be done
pursuant to board of veterinary medicine rule 16.24.3.8 B Duties of Licensee
and Certificate Holders.
E. Shelters shall refer to local, municipal or county
ordinance which address the minimum stray holding time. Stray animals without identification should
be held long enough to give owner sufficient time to reclaim the animal. Stray animals with identification i.e., tag,
tattoo, or microchip should be held long enough to allow the shelter sufficient
time for notification and owner reclaim.
F. Animals in law enforcement protective custody shall be in
locked areas with appropriate signage that meet standards and are inaccessible
to the public. Depending on the case
type, owner may be allowed to visit the animal or animals.
[16.24.7.17 NMAC - N, 5/1/2021]
16.24.7.18 SHELTER PERSONNEL STANDARDS:
A. The shelter shall maintain compliance with federal and
state occupational safety regulations for chemical, biological and physical
hazards in the workplace.
B. All shelter personnel should be trained in all aspects of
their responsibilities. Training topics
may be, at minimum:
(1) Animal health and disease control.
(2) Humane care and treatment of animals.
(3) Control of animals in an animal
shelter.
(4) Transportation of animals.
(5) Disease recognition.
(6) Animal breed identification and
behavior.
(7) Pre-adoption evaluation and
temperament testing.
(8) Adoption policies and procedures.
(9) Handling, capture and restraint
techniques.
(10) Personnel safety and use of equipment.
(11) Euthanasia.
(12) Compassion fatigue and self-care.
C. Shelter personnel should be provided with a comprehensive
standard operating procedures (SOP) manual.
The SOP should outline all shelter policies and procedures and the
duties for each position.
D. Shelter personnel shall adhere to New Mexico’s
anti-cruelty law at all times. See
30-18-1 et seq. NMSA 1978.
E. Protective gear and appropriate animal handling equipment
shall be readily available to personnel.
F. Shelter personnel should wash their hands frequently to
protect themselves and the animals. Hand
sanitizers, first aid kits and eye wash stations may be made available to all
employees, volunteers and visitors.
[16.24.7.18 NMAC - N, 5/1/2021]
16.24.7.19 ADOPTION STANDARDS:
A. Shelters should establish adoption fees. An adoption program may be developed and
implemented. If the shelter waives
specific adoption fees, the shelter guidelines shall not be waived.
B. Shelters should develop criteria for potential adopters
and unsuitable adopters. Adopters may
sign a contract under which they agree to provide a specified level of care.
C. Shelters should learn temperament testing procedures to
ensure that animals are fit for adoption and to facilitate the best possible
match between adopters and animals.
D. An adoption screening program may include discussion of
suitability of adopter and animal.
E. When adopting out a sick animal or animal that is
receiving medical treatment, full disclosure should be made to the person or
organization receiving the animal.
F. In the event shelters offer animals for adoption that
have not been sterilized, the shelter shall comply with New Mexico State law
77-1-20 A-F NMSA 1978.
G. Policies
should be developed to avoid adopting out or releasing unaltered animals.
H. Shelters
should consider a program to microchip all adopted animals.
I. Reasonable
care shall be taken to adopt out or transfer only those animals free of disease
and untreatable injury.
J. Animals
believed to be dangerous, potentially dangerous or have caused a serious injury
resulting in same species or human death shall not be re-homed. Chapter 77 Section 1A NMSA
1978.
K. Shelters, in their due diligence, shall make every
effort to place animals with recognized rescue organizations and responsible
sanctuaries. Shelters should thoroughly
research rescue organizations and sanctuaries prior to placement to avoid
possible hoarding situations.
[16.24.7.19 NMAC - N, 5/1/2021]
16.24.7.20 SHELTER TRANSPORT STANDARD:
A. Transport vehicles and equipment shall be cleaned and
sanitized prior to transport.
B. Animals shall not to be transported unrestrained in open
beds of trucks.
C. Temperature extremes, below 45 degrees and above 80
degrees, during transport shall be avoided.
D. Compliance with state and local laws shall be followed
for source and destination shelters.
E. Health certificates shall accompany animals crossing
state lines as required.
F. Unfamiliar animals shall not be transported together in
same enclosure.
G. Animals should be vaccinated and treated for internal and
external parasites prior to transport.
H. Transport space should be adequate to allow the animal to
turn around and lie down.
I. Transports anticipated longer than eight hours in
duration should accommodate safe animal exercise and relief.
[16.24.7.20 NMAC - N, 5/1/2021]
HISTORY OF 16.24.7 NMAC: [RESERVED]
If you are a person with a disability and you require this information in an alternative format or require a special accommodation to participate in the public hearing, please contact board of veterinary medicine t 505-553-7021. The board requests at least ten (10) days advance notice to provide requested alternative formats and special accommodations.
Copies of all comments will be made available by the board of veterinary medicine upon request by providing copies directly to a requestor or by making them available on the board of veterinary medicine website or at a location within the county of the requestor.