CHAPTER
4100 ELECTRONIC ANIMAL RECORDS SYSTEM
Statutory authority RSA 437:8-a
PART
Agr 4101 PURPOSE
Agr 4101.01 Purpose. This rule
implements the animal records database created by RSA 437:8-a, which directs
the department of agriculture, markets, and food to establish and contract with
a third party for the implementation and operation of an electronic system to
facilitate the handling of animal records.
Source. #14163, eff 1-7-25
PART Agr
4102 DEFINITIONS
Agr
4102.01 Definitions.
(a)
“Commissioner” means “commissioner” as defined in RSA 437:1.
(b)
“Department” means the New Hampshire department of agriculture, markets,
and food.
(c)
“Transfer” means “transfer” as defined in RSA 437:1, V.
(d) “Official certificate of transfer” means
“official certificate of transfer” as defined in RSA 437:8, I.
(e) "Official certificate of transfer
waiver” means “official certificate of transfer waiver” as defined in RSA
437:8, III.
(f) “Animal shelter facility,” means “animal
shelter facility” as defined in RSA 437:1, I.
(g) "Pet vendor" means “pet vendor” as
defined in RSA 437:1, IV.
(h) “Fund” means “fund” as described in RSA
437:8-a,V.
(i) “Program” means
the animal records database as described in RSA 437:8-a.
(j) “Program
manager” means the person designated by the commissioner to oversee the
implementation and operation of the program by the program vendor.
(k) “Program
vendor” means a third party with which the department contracts for the
implementation and operation of the program.
Source. #14163, eff 1-7-25
PART Agr
4103 PET TRANSFER PROCESS
Agr
4103.01 Certificates
of Transfer for Dogs, Cats, and Ferrets.
(a)
An official certificate of transfer shall be created for each individual
dog, cat, or ferret being transferred from one owner to another within the
state animal records database by a New Hampshire licensed veterinarian or
submitted by other means pursuant to an electronic filing waiver under Agr 4104.02. Animals transferred by animal shelter
facilities may be exempt from this requirement pursuant to RSA 437:8, V.
(1) Electronically, through direct entry or upload to
website at www.statevet.com, unless a waiver is requested and granted in
accordance with Agr 4104.02 below; and
(2) Whenever information is not entered
through a device with appropriate internet connection, all information entered
shall be transmitted to the system no later than 4 p.m. on the next business
day after the examination was conducted, unless an extension is requested and
granted in accordance with Agr 4104.03.
(c) The official certificate of transfer shall
contain the following:
(1) Name and address of the entity
transferring ownership of the dog, cat, or ferret;
(2) Age of the dog, cat, or ferret;
(3) Gender of the dog, cat, or ferret;
(4) Breed of the dog, cat, or ferret;
(5) Microchip number, tattoo number, ear
tag number, or physical description of the dog, cat, or ferret;
(6) A
certification by the veterinarian that the dog, cat, or ferret is free from
evidence of communicable diseases or internal or external parasites; and
(7) A list of
all vaccines and medication administered to the dog, cat, or ferret. This list may either be included within or
attached to the certificate.
Source. #14163, eff 1-7-25
PART
Agr 4104 COMPLIANCE, WAIVERS, AND EXTENSIONS
Agr 4104.01 Compliance.
(a) The
department shall perform data checks to ensure that the required transfer
monitoring information submitted is accurate, complete, and timely.
(b) The
department shall notify the veterinarian:
(1) When the veterinarian fails to submit
the required official transfer certificate information within the required
timeframe;
(2) When there are inaccuracies or
omissions in the required official transfer certificate information submitted; and
(3) When a veterinarian fails to correct
any inaccuracies or omissions.
(c) The
certifying veterinarian shall:
(1) Correct any failures, inaccuracies, or
omissions, within 72 hours of the date of receipt of notice from the
department; and
(2) Comply with all provisions of this
section or be subject to a referral to the board of veterinary medicine.
Source. #14163, eff 1-7-25
Agr 4104.02 Electronic
Filing Waivers.
(a) Veterinarians
that are unable to submit information electronically shall request an
electronic filing waiver from the commissioner.
(b) A
waiver request submitted pursuant to (a) above shall:
(1) Demonstrate the basis for an exemption
from the requirement of electronic submission; and
(2) Include an alternative method by
which the veterinarian will submit the required official transfer certificate
information within the time frame specified in Agr
4103.01(b)(1). Alternative methods of submission shall be mutually agreed upon
by the veterinarian and the commissioner.
(c) The commissioner shall grant the electronic
filing waiver if the requirements in
Agr 4104.02(b) are satisfied.
(d) The commissioner shall examine the request
for a waiver within 30 days of receipt and notify
the requester of any apparent errors or omissions or
need for any additional information.
(e) The commissioner shall approve or deny the
completed request for a waiver within 60 days of
receipt of a complete waiver or the waiver shall be
automatically granted on the 61st day.
(f) A
waiver shall be specific to one licensed veterinarian and non-transferable.
(g) A
waiver shall be time-limited, not to exceed the veterinarian’s license expiration
date.
(h) A
waiver shall be subject to revocation if the bases for granting the waiver are
determined to
be no longer true.
Source. #14163, eff 1-7-25
Agr 4104.03 Extensions.
(a) Veterinarians
that are unable to submit required information within the required timeframe
may request from the commissioner an extension of the timeframe by telephone or
email and confirmed by email from the commissioner.
(b) The
commissioner shall allow an extension for as long as the veterinarian is making
a good-faith effort to submit the required information, but no longer than 72
hours after the established daily timeframe.
(c) The commissioner shall notify the
veterinarian of the decision of extension by email.
(d)
Any veterinarian who in good faith reports to the program as required by RSA
437:8 shall be immune from any civil or criminal liability as the result of
such good faith reporting.
Source. #14163, eff 1-7-25
PART
Agr 4105 REVIEW AND REPORTING OF ANIMAL RECORDS DATABASE
Agr 4105.01 Review
of Program Data.
(a) The
department shall collect and monitor all animal records information required by
RSA 437:8-a through software provided by the program vendor.
(b) The
department shall review and evaluate the collected information for errors or
completeness.
Source. #14163, eff 1-7-25
Agr 4105.02 Reporting
of Program Data.
(a) The
department shall notify veterinarians when there are errors or incompleteness
in the information filed.
(b) The
department may use and release information and reports from the database for
program analysis and evaluation, statistical analysis, public research, public
policy, and educational purposes, provided the data are aggregated or otherwise
de-identified.
(c) The department shall remove certificates of
transfer from the animal records database after 4 years.
Source. #14163, eff 1-7-25
APPENDIX
A
|
Rule |
Specific State Statute the Rule Implements |
|
Agr 4101 |
RSA 437:2; RSA
437:8; RSA 437:8-a |
|
Agr 4102 |
RSA 437:2; RSA
437:8-a |
|
Agr 4103 |
RSA 437:2; RSA
437:8-a; RSA 437:10; RSA 437:13-a |
|
Agr 4104 |
RSA 437:2; RSA
437:8-a; RSA 437:10; RSA 437:13-a |
|
Agr 4105 |
RSA 437:2; RSA
437:6; RSA 437:8-a |