HOUSE OF REPRESENTATIVES	H.B. NO.	2163
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

relating to veterinary medicine.

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

SECTION 1. Section 471-2, Hawaii Revised Statutes, is amended to read as follows:

"§471-2 License required. No person shall practice veterinary medicine, either gratuitously or for pay, or shall offer to so practice, or shall announce or advertise, publicly or privately, as prepared or qualified to so practice, or shall append the letters "Dr." or affix any other letters to the person's name with the intent thereby to imply that the person is a practitioner of veterinary medicine, without having a valid unrevoked license obtained from the Hawaii board of veterinary medicine; provided that nothing in this chapter prevents or prohibits the following:

(1) Any person from gratuitously treating animals in case of emergency;

(2) The owner of any animal or animals and the owner's full-time, regular employees from caring for and treating any animals belonging to the owner; provided that the owner and the owner's employees shall not perform any surgical procedures, including surgical birth, ear cropping, tail docking, or debarking;

(3) Any student enrolled in any veterinary school or college or any employee of a veterinarian from working under the direct supervision of a veterinarian;

(4) Any person from practicing veterinary medicine in the employ of the United States government while engaged in the performance of the person's official duties;

(5) Any person licensed to practice veterinary medicine in any state, or any certified scientist or professional in animal care, from practicing in this State when in actual consultation with or under the sponsorship of veterinarians of this State; provided that the person licensed from another state, or the certified scientist or professional in animal care, shall not open an office, or appoint a place to meet patients, or receive calls within the limits of the State;

(6) Any farmer from giving to another farmer the assistance customarily given in the ordinary practice of animal husbandry; or

(7) Any applicant who meets the licensing requirements of practicing veterinary medicine under a veterinarian by permit; provided the applicant applies for and takes the first examination scheduled by the board. A permit shall not be renewed."

SECTION 2. 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] be guilty of 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 surgical procedure, including surgical birth, ear cropping, tail docking, or debarking, on a pet animal shall be guilty of 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 3. Section 711-1108.5, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

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

(a) Accepted veterinary practices[;] performed by a veterinarian licensed under chapter 471;

(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 veterinarian licensed under chapter 471."

SECTION 4. Section 711-1109, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) to read as follows:

"(1) A person commits the offense of cruelty to animals in the second degree if the person intentionally, knowingly, or recklessly:

(a) Overdrives, overloads, tortures, torments, beats, causes substantial bodily injury to, or starves any animal, or causes the overdriving, overloading, torture, torment, beating, or starving of any animal;

(b) Deprives a pet animal of necessary sustenance or causes such deprivation;

(c) Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests; provided that the handling or extermination of any insect, vermin, or other pest is conducted in accordance with standard and acceptable pest control practices and all applicable laws and regulations;

(d) Keeps, uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any bull, bear, cock, or other animal, and includes every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used;

(e) Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner;

(f) Confines or causes to be confined, in a kennel or cage, any pet animal in a cruel or inhumane manner;

(g) Tethers, fastens, ties, or restrains a dog to a doghouse, tree, fence, or any other stationary object by means of a choke collar, pinch collar, or prong collar; provided that a person is not prohibited from using such restraints when walking a dog with a hand-held leash or while a dog is engaged in a supervised activity; [or]

(h) Uses a castration rubber band to neuter a dog, cat, or other pet animal; or

[(h)] (i) Assists another in the commission of any act specified in subsections (1)(a) through [(1)(g).] (1)(h).

(2) Subsection (1)(a), (b), (c), (e), (f), (g), [and] (h), and (i) shall not apply to:

(a) Accepted veterinary practices;

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

(c) Pest control operations conducted pursuant to chapter 149A by a pest control operator licensed pursuant to chapter 460J, if the pest control is performed under a written contract."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Veterinary Medicine; Animal Cruelty; Criminal Penalties

Description:

Prohibit an animal's owner, and the owner's employees, from performing any surgical procedure, including surgical birth, ear cropping, tail docking, or debarking, without being licensed as a veterinarian. Makes it a class C felony to intentionally or knowingly perform any surgical procedure, including surgical birth, ear cropping, tail docking, or debarking, on a pet animal by any person who is not licensed as a veterinarian. Specifies that accepted veterinary practices and cropping or docking as customarily practiced shall not be considered cruelty to animals in the first degree if performed by a licensed veterinarian. Adds the use of castration bands to neuter pet animals to the offense of cruelty to animals in the second degree.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.