Dear Virginia Dog Owners,

This message briefly describes Virginia's new statewide "Gotcha" dog licensing database, which will be started July 1, 2007, and suggests some ways in which dog owners may ensure their animals' health while also protecting their personal privacy. You are encouraged to share this advice with other pet owners.

Delegate Bobby Orrock's (R-Spotsylvania) HB339 "Gotcha" licensing database, passed in 2006, contained a delayed effective date. Beginning on July 1, 2007, Virginia veterinarians will furnish city and county treasurers detailed information about every animal receiving a rabies vaccination. On and after January 1, 2008, treasurers will use this data to prepare and mail annual dog tax (licensing) bills, just as they do realty and personal property tax bills. See the attached instructions to veterinarians prepared by the Virginia Treasurers Association and the Virginia Veterinary Medical Association (VVMA). HB339 passed the General Assembly by a single vote. It was strongly supported by the Virginia Animal Control Association (VACA), VVMA, and with significant assistance from the Humane Society of the US (HSUS) and the Virginia Federation of Dog Clubs and Breeders (VFDCB).

The primary goal of this legislation is to increase licensing costs while providing an enforcement database system to monitor and encourage pet sterilizations and breeder permitting. For a detailed record of this measure's passage into law, see http://vhdoa.uplandbirddog.com/VETO_HB339.html Early indications are that the cost of a rabies vaccination will shortly rise $10-15 to compensate veterinarians for their extra paperwork. Counties and cities are expected to recoup their added accounting and personnel costs by raising tag costs next fiscal year. The secondary HB339 goal is to gather private dog owner information in an electronic format for use by government agencies, insurance companies, other commercial entities, animal rights zealots and private individuals seeking such data under the Freedom of Information Act, if necessary. The names of owners of certain breeds, sorted by zip code will be accessible, as will information on the owners of intact dogs, owners of more than X animals, etc. City and county dog rabies and personal data records are expected to be consolidated in Richmond by the end of 2008. This is the first such statewide dog owner database in the nation. Efforts to amend the "Gotcha" system to protect your privacy during the last General Assembly session failed. Exposure of 100,000 concealed weapon carry permit holders' names caused an immediate change in State Police procedures this year. The public release of detailed private information on one million Virginia dog owning households should generate some political reaction, but it hasn't.

As frightening and dangerous as this invasion of your privacy is, you must get your dogs vaccinated against rabies. There is a rabies epidemic raging in Virginia. Don't take any chances with this killer virus. Last year four Americans died from rabies and 1074 Virginians were treated for exposure. http://vhdoa.uplandbirddog.com/VA_RabiesData.html If you wish to remain outside of the rabies-licensing regime, there are several ways that you may protect your dogs' health and also safeguard your privacy.

a) Obtain your rabies vaccinations out-of-state. Other states' DVMs won't violate your privacy.

b) Obtain vaccinations before 7/1/2007. At least in principle, records before 7/1/2007 are private, if your veterinarian understands the law and respects his professional-client relationship. Adult rabies vaccinations are effective for at least five years, if not for a lifetime. Northern Virginia residents: Fairfax County's $10 rabies clinic will be held at the 4500 West Ox Road Animal Shelter on May 20, 2007 from noon - 2 pm.

c) After 7/1/2007, obtain rabies vaccinations at a clinic where you aren't known, pay cash and don't supply your correct address.

d) After 7/1/2007, offer to pay your veterinarian's $10 fine, if he/she will respect your privacy and not transmit your dog's records to treasurers. In the unlikely event veterinary client records are ever audited, the new code section provides for civil penalty not to exceed $10 per certificate for a veterinarian that *willfully* fails to provide treasurers with rabies certificates. If your veterinarian raises charges for forwarding such certificates, ask he/she to put your extra fee in the bank for possible penalty payment and not release your information.

This mechanism has been suggested by several Virginia veterinarians. VVMA represents only a portion of the licensed DVM personnel in the state and nearly all of its members were kept in the dark about HB339, while its lobbyists negotiated out of the bill's initial requirement that veterinarians sell dog tags. The result is the new "Gotcha" system. Instead of providing that convenient service, Virginia's veterinary professionals have become assistant animal control officers. Many of them deeply resent that role. Perhaps yours feels that way as well.

e)Have the veterninarian's records changed to indicate an out-of-state relative owns your dogs.

f) Virginians may legally self-vaccinate their animals against rabies using mail order vaccine. Such vaccines are inexpensive, safe and effective. The drawback to self-vaccinating is that should your dog ever bite someone or something, an animal control officer may want to see a veterinarian's vaccination certificate. A rabies titer might be used as proof of vaccination, but that alternative may not be accepted. The failure to produce a signed certificate could mean your animal is quarantined for an extended period or perhaps euthansized.

Pet Data, a private Texas animal licensing contractor and HSUS supporter, is gathering dog owner data one city and county at a time. http://www.petdata.com/company/about/about.html The firm has no privacy policy, like Virginia. Pet owners would be wise to avoid such databases, including ours.

Norfolk tail docking, declaw removal restriction update.

The tail docking, dewclaw removal ban by non-veterinarians adopted by the City of Norfolk on November 21, 2006 was amended on January 30, 2007 to delete the phrase within the brackets [...] below.

See: 6.1-78.1 Cosmetic Alterations to Companion Animals Prohibited.
It shall be unlawful for any person to cosmetically alter any companion animal. The only exception to this shall be for procedures performed under proper anesthesia, by a veterinarian licensed in the Commonwealth, [and certified to be medically necessary to preserve the animal's health and safety by said veterinarian.] For purposes of this section, "tail docking" , "ear cropping" , "debarking" and "declawing" shall be considered cosmetic alterations. "Microchipping", "tattooing" and "ear tipping" shall not, be considered cosmetic alterations.

It will take a court challenge or the Attorney General's Office to resolve the Norfolk situation. Norfolk is exempt from certain state preemptions. Normally there is no state authority for this type of local ordinance. In fact, not only can't most jurisdictions prescribe veterinary procedures within their boundaries, animal owners are exempt from Virginia's Practices Act. Farmers routinely dock sheep tails and turn bull calves into steers. Pet owners are likewise permitted do their own procedures. Common sense dictates that if you need to cut a pet more than a few days old, you let your veterinarian do it.

Sincerely,

Bob Kane, President
Virginia Hunting Dog Owners' Association
http://vhdoa.uplandbirddog.com/