HOUSE OF REPRESENTATIVES

H.B. NO.

1133

TWENTY-SIXTH LEGISLATURE, 2011

H.D. 2

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO VETERINARY MEDICINE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 471-15, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§471-15[]]  Criminal penalties.  [Any] (a)  Except as provided in subsection (b), any person convicted of violating section 471-2 shall have committed a misdemeanor and shall be subject to a fine not to exceed $500 [or], imprisoned not more than six months, or both.

     [Additionally,] (b)  Any person convicted of violating section 471-2 and who in the course of that violation intentionally or knowingly performs any veterinary procedure on a pet animal shall have committed a class C felony.  For purposes of this subsection, "pet animal" shall have the same meaning as in section 711-1100.

      (c)  In addition to the penalties provided in subsections (a) and (b), all tools, implements, appliances, medicine, and drugs used in the practice of veterinary medicine by any person convicted of practicing veterinary medicine without a license shall be declared forfeited to the State by the court and turned over to the board for disposition as it may choose to make."

     SECTION 2.  Section 711-1108.5, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2) Subsection (1) shall not apply to:

     (a)  Accepted veterinary practices[;] performed by a person licensed under section 471-2;

     (b)  Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; [or] and

     (c)  Cropping or docking as customarily practiced[.] and performed by a person licensed under section 471-2."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on January 7, 2059.



Report Title:

Veterinary Medicine; Unlawful

 

Description:

Makes intentional or knowing performance of a veterinary procedure on a pet animal by an unlicensed person a class C felony.  Clarifies that the cropping of ears or the docking of a tail of a pet animal is exempt from criminal penalties for animal cruelty only if performed by a licensed veterinarian.  Effective January 7, 2059.  (SD1)

 

 

 

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