2023 Rulemaking
Stakeholder Engagement�
Welcome and Introductions
CDA Team:
Special Thank You
Behavior and Enrichment Standards (BES) Development Team
Special Thank You
Disease Control and Treatment Standards (DCATS) Development Team
Stakeholders for Today’s Meeting
Ali Mickelson
Allison Waldvogel
Ana Salazar
Anneliese Clark
Anna Stout
Angela Davis
Ashley Todd
Blake Gipson
Brandie Jackson
Brianne Corbett
Brook Brown
Brooke El-Merrahi
Camryn Hollarsmith
Caitlin Kuczko
Candy Muscari Erdos
Carole Casner
Cathleen Timmons
Connie Howard
Connie Treasure
Cynthia Yurth
Diana Phillips
Diane Balkin
Diane Richett
Thank you for coming!
Dustin Haworth
Douglas Harrington
Douglas Johnson
EC Michaels
Elaine Hicks
Ellen Kessler
Eika Haas
Elena Goodier
Elise Gingrich
Elizabeth Coalson
Eric Parr
Erin Murray
Faustina Curry
G. Marvin Beeman
Gale Caron
Gary McEntyre
Greg Todd
Harley Brook-Hitching
Jamie Terry
Jandi Frye
Janet Stephens
Jessy Sheeder
Jandi Frye
Jeff Copeland
Jennifer Hatfield
Jessica Betts
Jodi Buckman
Judy Gee
Karen Griego
Karen Kinnes
Kathy Mcfall
Katie Parker
Kerry Prater
Kiersten Thoma
Kim Robinson
Krissy Mosbarger
Kymberli Rubio
Kyung Pak
Lacey Hays
Lindsay Hoffman
Lisa Smits
Lorraine Rhoads
Lynn Gerber
Maggie McSchaefer
Mariah McCulley
Mary Wilkinson
Marth Smith
Matt Lewis
Michael Bonfiglio
Mike Jordan
Monty Montgomery
Myron Johnson
Pamela Calderwood
Patrice Kuiken
Rachel Pozzi
Rhea Moriarity
Richard Karcich
Roland Halpern
Roni Taylor
Rori Mattson
Ryp Walters
Sara Ferguson
Sarah Swanty
Shannon Friel
Shannon Mekelburg
Stephanie Arms
Stephanie Terry
Stephanie Wilde
Steve Jordan
Steve Kolble
Sue Cranston
Sue Fisher
Susanne Cochran
Tanya Cardwell
Tina Miller
Tristan Smith
Valerie Hunter-Goss
Victoria Chatburn
Meeting Agenda
How to Engage in Today’s Discussion
2023 Proposed Rulemaking
New Rule Additions
Part 18 Special Requirements
Plans (a new section will be added to Part 18)
PACFA Proposed Contingency Planning Rule
(1) Each licensee must develop, document, and follow an appropriate plan to provide for the humane handling, treatment, transportation, housing, and care of the animals in the event of an emergency or disaster (one which could reasonably be anticipated and expected to be detrimental to the good health and well-being of the animals in their possession). Such contingency plans must:
2023 Proposed Rulemaking
PACFA Proposed Contingency Planning Rule (continued)
(a) Identify situations the licensee might experience that would trigger the need for the measures identified in a contingency plan to be put into action including, but not limited to, emergencies such as electrical outages, faulty HVAC systems, fires, mechanical breakdowns, and animal escapes, as well as natural disasters most likely to be experienced;
(b) Outline specific tasks required to be carried out in response to the identified emergencies or disasters including, but not limited to, detailed animal evacuation instructions or shelter-in-place instructions and provisions for providing backup sources of food and water as well as sanitation, ventilation, bedding, veterinary care, etc.;
(c) Identify a chain of command and who (by name or by position title) will be responsible for fulfilling these tasks; and
(d) Address how response and recovery will be handled in terms of materials, resources, and training needed.
2023 Proposed Rulemaking
PACFA Proposed Contingency Planning Rule (continued)
(2) Each licensee must conduct an annual review of the plan developed under (1) and maintain documentation of their annual reviews, including documenting any amendments or changes made to their plan since the previous year’s review, such as changes made as a result of recently predicted, but historically unforeseen, circumstances (e.g., weather extremes). Contingency plans, as well as all annual review documentation and training records, must be made available to the Commissioner upon request.
2023 Proposed Rulemaking
PACFA Proposed Behavior and Enrichment Plan Definitions and Rule
35-80-106.6. Care of dogs and cats in animal shelters and pet animal rescues - legislative declaration - requirements. (1) The general assembly finds, determines, and declares that homeless dogs and cats, other than cats that were not socialized to people during their behavioral development and therefore do not allow themselves to be handled, deserve appropriate shelter, care, and enrichment by animal shelters and pet animal rescues.
(2) Each animal shelter and pet animal rescue shall provide each dog and cat held in its custody with timely veterinary care to address and prevent unnecessary or unjustifiable pain and suffering.
(3) Each animal shelter and pet animal rescue shall address the behavioral needs of each dog and cat held in its custody to ensure that the dog or cat is not housed or kept in a manner that fosters stereotypic or self-mutilating behavior.
(4) Nothing in this section limits other available potential live outcomes for dogs or cats in the custody of an animal shelter or pet animal rescue.
2023 Proposed Rulemaking
PACFA Proposed Behavior and Enrichment Plan Definitions and Rule
Part 1 Definitions
Stereotypic Behavior
Stereotypic behavior means the frequent repetition of the same movement, gesture, posture, or vocal sound or utterance, often with no recognizable purpose, in response to stimuli (which may or may not be identifiable). Stereotypic behavior may be difficult to interrupt and/or, after interruption, the animal may be eager to return to that behavior. Examples include but are not limited to: pacing, bar biting, spinning, circling, wall climbing, chronic vocalization, over grooming, and avoidance behavior.
2023 Proposed Rulemaking
PACFA Proposed Behavior and Enrichment Plan Definitions and Rule (continued)
Self-Mutilating Behavior
Self mutilating behavior involves the occurrence of behavior that could result in physical injury to the animal’s own body. Examples include but are not limited to: overgrooming, tail chewing, excessive licking, fracturing teeth, injury to the animal’s nose resulting from repeated scraping or scratching.
Proactive Enrichment
Proactive enrichment refers to an enrichment program that is designed to provide enrichment for every animal in care during the entirety of their care. Proactive enrichment does not require that any assessments take place prior to its implementation and can be administered safely despite any known or unknown medical or behavioral concerns. The goal of proactive enrichment is to establish a baseline of behavioral care that is proactive against behavioral decline.
2023 Proposed Rulemaking
PACFA Proposed Behavior and Enrichment Plan Definitions and Rule (continued)
Tailored or individualized enrichment
Tailored/individualized enrichment refers to an enrichment program that is designed in response to noted behavioral health issues, such as stereotypic behavior or quality of life concerns. The purpose of this approach is to assess what specific enrichment efforts meet the needs of the individual animal in order to respond to current/ongoing quality of life concerns or behavioral deterioration. If specialized enrichment efforts do not improve quality of life, tailored enrichment may include discussions around outcome options such as adoption, transfer, foster placement, euthanasia, etc.
Aggression
Aggression means the display of aggressive behavior including but not limited to: threat displays such as growling, hissing, piloerection, lunging, and baring teeth. It also includes biting. These displays can serve to intimidate and/or to harm a trigger, a human, or another animal. These behaviors can be defensive (distance increasing) or offensive (distance decreasing) in nature.
2023 Proposed Rulemaking
PACFA Proposed Behavior and Enrichment Plan Definitions and Rule (continued)
Quality of life
Acceptable quality of life includes: regularly eating and drinking; engaging in play; and engaging in rest. Animals should be provided with access and opportunities to socialize with people and other dogs, if desired. During these interactions they should not be exhibiting consistent fearful or aggressive behaviors.
Unacceptable quality of life includes: not regularly eating or drinking; inability to settle and rest (even absent triggers); stereotypic behavior; and/or self-mutilating behavior. When given the opportunity to engage with people they always choose not to or they display aggressive or extreme fearful behavior. When given the opportunity to engage with other dogs, they display aggression or extreme fearful behavior (choosing to cohabitate or not approach is acceptable). Routine defecation when engaged socially may be cause for concern.
2023 Proposed Rulemaking
PACFA Proposed Behavior and Enrichment Plan Definitions and Rule (continued)
Part 18 Special Requirements
(Proposed Rule) All animal shelters and pet animal rescues are required to implement a written proactive enrichment plan for every dog and cat, based on available resources. The plan must be submitted to the Commissioner for approval. If the plan is modified or revised it must be re-submitted for approval. The proactive enrichment plan shall be in place for each successive year unless it is modified or revised.
Animal shelters and pet animal rescues must implement an individualized or tailored enrichment plan for any dog or cat exhibiting self-mutilating or stereotypical behavior, when legally viable. Outcomes may include transfer, foster, adoption, return to owner, euthanasia, etc.
2023 Proposed Rulemaking
PACFA Proposed Behavior and Enrichment Plan Definitions and Rule (continued)
Part 19 Record Keeping Requirements
Individualized/Tailored Enrichment Documentation
Individualized/tailored enrichment plans documenting the behavior prescription tailored to the specific animal in question must be kept as part of the animal’s treatment records. Shelters and rescues must document that individualized treatment is taking place on a daily basis. This becomes the animal’s treatment record, and as such must be kept for two years. The individualized plan and treatment record must be disclosed to potential adopters.
2023 Proposed Rulemaking
Disease Control and Treatment Plans (DCAT)
Any licensee that transfers pet animals from a source organization for the purpose of sale or adoption must implement a Disease Control and Treatment (DCAT) plan based on their available resources. The plan must include procedures or protocols to address and mitigate the spread of communicable and/or zoonotic illness and disease prior to the acquisition of pet animals from a source organization either in this state or outside of Colorado. The plan must include protocols or procedures to address the quarantine and isolation of pet animals showing signs of illness or disease while in the possession of the licensee, and in addition, must include a plan for providing post sale or adoption support. The plan must be in writing and submitted to the Commissioner for approval. If the plan is modified or revised it must be re-submitted to the Commissioner for approval. The plan shall be in place for each successive year unless it is modified or revised.
2023 Proposed Rulemaking
Proposed Rule Updates
Part 11 Physical Facility Standards
11.17. THE PHYSICAL FACILITY MUST PROVIDE ALL ENVIRONMENTAL CONDITIONS NECESSARY FOR THE HEALTH AND SAFETY OF THE ANIMALS CONTAINED IN THEM.
2023 Proposed Rulemaking
Proposed Rule Updates
Part 12 Enclosures
12.11.8. A thermometer must be used to determine the temperature inside the enclosure. Enclosures that do not contain a thermometer must record the temperature weekly and anytime a new reptile or amphibian is added to the enclosure. TEMPERATURE WITHIN THE ENCLOSURE MUST BE MAINTAINED AS APPROPRIATE TO THE SPECIES. THE FACILITY MUST HAVE THE ABILITY TO MEASURE THE TEMPERATURE WITHIN AN ENCLOSURE.
12.11.9. Humidity within the enclosure must be maintained as appropriate to the species. A hygrometer must be used to determine the humidity inside the enclosure. Enclosures that do not contain a hygrometer must record the humidity weekly and anytime a new reptile or amphibian is added to the enclosure. HUMIDITY WITHIN THE ENCLOSURE MUST BE MAINTAINED AS APPROPRIATE TO THE SPECIES. THE FACILITY MUST HAVE THE ABILITY TO MEASURE THE HUMIDITY WITHIN AN ENCLOSURE.
2023 Proposed Rulemaking
Proposed Rule Updates (continued)
Part 14 Classification and Separation
14.10.2. In Boarding/training facilities, and grooming facilities AND PET HANDLERS MAY COMMINGLE dogs from different households may be commingled in common areas, under constant and direct supervision, with the written consent of the owners.
Part 15 Veterinary Care and Disease Control
15.1. Shelters, rescues, and retail/wholesale facilities that do not have a veterinarian on staff shall have a signed and dated written agreement with a licensed veterinarian for services and consultation regarding animal health needs. This agreement must be updated each YEAR licensing period. The name and phone number of the veterinarian must be included. Pet animal grooming, boarding/training and breeding facilities shall have a working relationship with a veterinarian to provide timely veterinary care. The name and phone number of the veterinarian must be available to the inspector upon request.
2023 Proposed Rulemaking
Proposed Rule Updates (continued)
Part 15 Veterinary Care and Disease Control
15.4. Grooming facilities may not administer tranquilizers, sedatives, or any other pharmaceutical drug OR NON-PHARMACUETICAL DRUG designed to calm an animal during the grooming process.
Part 16 Isolation
16.4. The minimum space requirements for each species may MUST be applied while an animal is in isolation.
16.5. Cross-contamination during cleaning of isolation ROOMS AND areas must be minimized by limiting direct contact between animals, limiting handling of the animals, and taking precautions to prevent contaminating other animals.
2023 Proposed Rulemaking
Proposed Rule Updates (continued)
Part 18 Special Requirements
18.22. Animal SHELTER AND rescue facilities shall THAT use a system of fostering in private homes or keeping pet animals in licensed pet animal facilities. No more than eight dogs or cats may be housed in any foster home at any time. A female dog with puppies under 8 weeks of age or a queen with kittens under 8 weeks of age will be considered one adult. Facilities may submit a written request to the commissioner for an exemption from this requirement. Such an exemption shall be granted at the commissioner’s sole discretion and only upon a finding that the rescue facility has demonstrated adequate provisions and safeguards that ensure the safety and well-being of the animals in the care of the foster provider.
2023 Proposed Rulemaking
Proposed Rule Updates (continued)
Part 19 Recordkeeping
19.2 Acquisition records are required and must include, at a minimum: the date the animal was transferred; source or how acquired; name, address, and phone number, AND SIGNATURE of the source if known; number of animals received; animal breed or species; specific identifying characteristics if available; bird band number or other identification approved by the Commissioner, if applicable; date of birth of dogs, cats, hamsters, rabbits, and guinea pigs.
19.5.2. Records of animals boarded, trained, TRANSPORTED BY A PET HANDLER or groomed must be kept by the facility and must include the name and address of the owner of the pet animal, date of transaction, species/breed, specific identifying characteristics, NAME, gender and age, and name of the owner’s veterinarian.
2023 Proposed Rulemaking
Proposed Rule Updates (continued)
Part 19 Recordkeeping
19.6.2. Any facility selling, adopting, or otherwise transferring reptiles HERPTILES must have each retail purchaser or adopter of one or more reptiles read an educational document approved by the Commissioner. This educational document must state the possible salmonellosis hazard to people and describe common hygienic practices to help prevent salmonella exposure to humans. The purchaser must sign a dated register provided by the pet animal dealer after reading this educational document.
19.9.1.1 WRITTEN DISCLOSURE OF ANY INJURY, ILLNESS OR ABNORMALITY MUST BE PROVIDED AT THE TIME OF TRANSFER TO THE TRANSFEREE FOR ALL PET ANIMALS EXCLUDING FISH, FEEDERS, AND INVERTEBRATES. PROOF OF DISCLOSURE, SIGNED BY THE RECIPIENT OF THE ANIMAL, MUST BE KEPT WITH FACILITY RECORDS.
Next Steps
Next Steps
Regulatory Agenda
Thank you!