CHAPTER
Agr 2800 ANIMAL POPULATION CONTROL
Statutory
Authority: RSA 437-A:5
PART
Agr 2801 INTRODUCTION AND DEFINITIONS
Agr
2801.01 Purpose. These rules implement
the forms and procedures of the department of agriculture, markets and food
pursuant to RSA 437-A, the animal population control program. The purpose of the program is to encourage
permanent sexual sterilization of dogs and cats to reduce the population of
unwanted companion animals and protect public health and safety.
Source. #5840, eff 6-17-94; ss by #6786, eff 7-1-98,
EXPIRED: 7-1-06
New. #10568, eff 4-18-14
Agr
2801.02 Applicability. In accordance with RSA 437-A:3, I, this
program shall be open to any resident of the state who:
(a) Owns a companion animal and is eligible to
participate in one of the following:
(1) The Food
Stamp Program;
(2) The
Supplemental Security Income Program;
(3) The
temporary assistance to needy families;
(4) The aid to
the needy blind program;
(5) The
Medicaid program;
(6) The old age
assistance program; or
(7) The aid to
the permanently and totally disabled program.
(b) Owns a companion animal that has not been
imported into the state in violation of RSA 437-A:3.
Source. #5840, eff 6-17-94; ss by #6786, eff 7-1-98,
EXPIRED: 7-1-06
New. #10568, eff 4-18-14
Agr
2801.03 Definitions. As used in this chapter, unless the context
clearly dictates otherwise:
(a) “Administrator” means the administrator of
the animal population control program, who is appointed by the commissioner of
agriculture, markets and food;
(b) “Applicant” means the owner of a companion
animal;
(c) “Companion animal” means a dog or cat;
(d) “Complaint” means a written and signed
allegation of violation of these rules and/or RSA 437-A by an applicant or
participating veterinarian;
(e) “Department” means the department of
agriculture, markets and food;
(f) “Filing” means signing, dating and sending a
document by first class mail to the department;
(g)
“Participating veterinarian” means a veterinarian or veterinary practice that
has filed the veterinarian’s agreement to participate with the administrator.
(h) “Payee” means a participating veterinarian or
veterinary practice;
(i) “Person” as defined in RSA 21:9, means
corporate and political bodies as well as individuals;
(j) “Program” means the animal population control
program pursuant to RSA 437-A:2;
(k) “Sterilization” means spaying or neutering,
including maintenance, discharge, and removal of sutures;
(l) “Vendor” means the participating
veterinarian; and
(m) “Vendor identification number” means the
federal tax number or social security number of the vendor.
Source. #5840, eff 6-17-94; ss by #6786, eff 7-1-98,
EXPIRED: 7-1-06
New. #10568, eff 4-18-14
PART Agr 2802 ELIGIBILITY STANDARDS
Agr
2802.01 Eligibility for People to
Participate in Program.
(a) The applicant seeking to participate under
the program shall meet the following requirements:
(1) Be a
resident of the state of
(2) Receive
benefits under the programs or acts listed in Agr 2801.02(a); or
(3) Be eligible
to receive benefits under the programs or acts listed in Agr 2801.02(a) as
determined by a household income that is no more than 130% of the federal
poverty level; and
(4) Own a
companion animal.
(b) Each applicant for the program shall:
(1) Provide the
administrator with verification of the applicant’s participation or eligibility
to participate in the programs specified in Agr 2801.02(a); and
(2) Provide
either a valid
(c) Acceptable verification of Supplemental
Security Income (SSI) benefits under Agr 2801.02(a)(2) shall be:
(1) In the
applicant’s name; and
(2) One of the
following documents:
a. Current SSI
check;
b. SSI check
stub; or
c. SSI award
letter.
(d) Acceptable verification of the applicant’s
participation in one or more of the programs specified by Agr 2801.02 (a) (1)
or (3)–(7) shall be:
(1) In the
applicant’s name;
(2) Issued
within 30 days of the applicant’s request for program eligibility; and
(3) One of the
following
a. Form 440, “
b. Form 804,
“Redetermination Notice“;
c. Form 805,
“Notice of Decision”, indicating a determination of eligibility for initial or
continuing receipt of public assistance or food stamps;
d. Form 807R,
“Interview Appointment Notice - Redetermination/Recertification”; or
e. Any other
written correspondence from the New Hampshire department of health and human
services, division of human services to the applicant indicating the
applicant’s current receipt of benefits under Agr 2801.02(a)(1), (3)–(7).
(e) In lieu of proof of participation as outlined
in Agr 2802.01(d), acceptable verification of the applicant’s eligibility to
participate in the programs specified by Agr 2801.02 (a), (8) shall be:
(1) A completed
Animal Population Control Program Income Verification Form; and
(2)
Documentation verifying income, such as copies of:
a. Checks;
b. Bank
statements; or
c. An award
letter.
(f) If the applicant is unable to produce the
verification required, or if the verification provided does not prove
eligibility for one of the programs under Agr 2801.02(a), then the
administrator shall request that:
(1) The Social
Security Administration verify the applicant’s eligibility status for SSI under
Agr 2801.02(a)(2); or
(2) The New Hampshire department of health and
human services, division of human services verify the applicant’s
eligibility status for the programs specified under Agr 2801.02(a)(1), (3)–(7).
(g) An applicant or applicant’s household shall
be limited to a maximum of three approved applications during any 5-year
period. The 5-year period shall be calculated on a rolling 60-month basis from
the date each application is received by the department, that is, every time an
application is received by the department, the department shall check back 60
months from that date for past approvals, if any.
Source. #5840, eff 6-17-94; ss by #6786, eff 7-1-98,
EXPIRED: 7-1-06
New.
#10568, eff 4-18-14
PART Agr 2803 FORMS
Agr 2803.01 Veterinarian’s Agreement to Participate
and Fee Schedule.
(a) The “Veterinarian’s Agreement and Fee
Schedule” shall be filed annually with the administrator by a practicing
veterinarian in order to participate in the animal population control program.
The practicing veterinarian or veterinarian practice may file the
Veterinarian’s Agreement and Fee Schedule by December 31 of the year prior to
the agreement taking effect.
(b) This completed agreement shall be sent to:
“Administrator, Animal Population Control Program, New Hampshire Department of
Agriculture, Markets & Food,
(c) The practicing veterinarian shall provide the
following on the agreement form:
(1)
A veterinarian or veterinary practice name;
(2)
Address;
(3)
Business telephone number;
(4)
Business fax number;
(5)
Name and title of facility representative;
(6)
Vendor identification number;
(7)
Names of the veterinarians practicing at the facility and their
signatures; and
(8)
(d) The practicing veterinarian shall provide on
the application a fee schedule for the following:
(1)
For sterilization of female dogs, the fee for each of the following
categories of weights:
a.
Up to 25 lbs.;
b.
26-50 lbs.;
c.
51-75 lbs.; and
d.
Over 75 lbs.
(2)
The fee for sterilization of female cats at any weight;
(3)
For sterilization of male dogs, the fee for each of the following
categories of weights:
a.
Up to 25 lbs.;
b.
26-50 lbs.;
c.
51-75 lbs.; and
d.
Over 75 lbs.
(4)
The fee for sterilization of male cats at any weight;
(5)
The examination fee; and
(6)
The period for which the foregoing fees shall be effective.
(e) The practicing veterinarian shall agree to
the following:
(1)
To abide by all applicable
(2)
That the fee schedule is accurate as outlined above;
(3)
That the fees remain in effect from the date of the agreement to the
above expiration date;
(4)
That the sterilization fees include maintenance, discharge, and removal
of sutures;
(5)
That the practicing veterinarian’s reimbursement is limited to 80
percent of the sterilization fees;
(6)
That the exam fee is for a routine physical examination prior to
sterilization;
(7)
That the practicing veterinarian’s reimbursement for pre-surgical
immunization is no more than $15 per companion animal, for an applicant who is
receiving aid under one of the programs listed in Agr 2801.02(a), in accordance
with RSA 437-A:4, II (b);
(8)
That reimbursement will be provided upon receipt of the vaccination
certificate, signed by the participating veterinarian and the applicant, that
the immunization has been administered;
(9)
That any fees associated with any surgical complications are not subject
to reimbursement from the animal population control fund;
(10)
That if any of the surgical or physical examination fees are determined
to be 20 percent higher than the average surgical or physical examination fee,
the fee shall be deemed unreasonable in accordance with Agr 2804.03; the
applicant shall not be eligible to participate;
(11)
That as funds become depleted, the participating veterinarian shall be
notified via U.S.P.S., email, or other means, such as a phone call, in advance
to stop performing surgeries, administering vaccines, or conducting other
activities under this program;
(12)
To submit complete and correct monthly invoices and application form for
Sterilization of a Dog or Cat within 10 days of the end of the month in which
the sterilization surgery or immunization was performed; and
(13)
That the practicing veterinarian shall not be reimbursed for services
performed on ineligible companion animals, including services performed when the
program was closed per Agr. 2803.01(e)(11).
Source. #5840, eff 6-17-94; ss by #6786, eff 7-1-98;
ss by #7453, eff 2-22-01, EXPIRED: 2-22-09
New.
#10568, eff 4-18-14
Agr
2803.02 Owner Application for
Sterilization of a Dog or Cat.
(a) The “Application for Sterilization of a Dog
or Cat” form shall be filled out by the companion animal’s owner who is
receiving aid under one of the programs listed in Agr 2801.02(a).
(b) The companion animal’s owner shall provide
the following in Part 1 – Client/Pet Information section of the application
form:
(1) Name,
address, and phone number of applicant;
(2) Program under which eligibility is claimed in
accordance with RSA 437-A:3, I;
(3) The
following regarding the animal:
a. Name;
b. Species;
c. Breed;
d. Sex;
e. Age; and,
f. Weight;
(4) Signature
of applicant and date signed; and
(5) That the
applicant consents to the following:
a. Immunizations
if required;
b.
Sterilization of the pet described above;
c. That the
information above is true and correct to the best of the applicant’s knowledge;
and
d. That the
applicant authorizes the department of health and human services, division of
family assistance and/or social security administration to release eligibility
verification for one of the programs in Agr 2801.02(a) to the administrator.
(c) After the application form is completed, the
applicant shall:
(1) Send the application
form; and
(2) The proof
of eligibility required under Agr 2802.01 to the administrator for approval.
(d) An applicant shall be notified of an
incomplete application at the time of receipt by the program administrator in
accordance with RSA 541-A:29 and said application shall be deemed abandoned
when the applicant fails to supply the documents required under Agr 2802.01
within 60 days of the program administrator’s initial notice of additional
required information. Applicant may not reactivate an abandoned application but
can reapply by filling out another owner Application for Sterilization of a Dog
or Cat and complying with the requirements of Agr 2802.01.
(e) Upon review by the administrator, if an
applicant meets the requirements of Agr 2802.01, then the administrator shall:
(1) Sign and
date Part 2 – Certification by Program Administrator section of the form
certifying approval was granted; and
(2) Mail the
form back to the applicant.
(f) An approved applications shall only remain
valid until both the calendar and fiscal years in which it was issued have
ended. For example, an application
approved in May shall remain valid after the close of the fiscal year on June
30th, but shall expire on December 31st when the calendar year has ended.
(g) Upon return receipt of the form from the
administrator, the applicant shall submit the form and the co-payment as
required by RSA 437-A:3, I to the participating veterinarian performing the
companion animal’s sterilization procedure.
(h) The participating veterinarian shall:
(1) Provide the
following in Part 3 – Veterinarian Information section of the form:
a. Name of
participating veterinarian;
b. Address of
participating veterinarian’s office;
c. Telephone number
of participating veterinarian’s office;
d. Date of
surgery;
e. Types of
vaccinations administered and date;
f.
Acknowledgement that the co-payment was received from or on behalf of
the applicant for the sterilization;
g.
Certification that the sterilization and/or immunizations of the animal
above was carried out as recorded;
h. Signature of
veterinarian that performed the surgery and date; and
i. Obtain applicant’s signature and date verifying
that the sterilization surgery was completed; and
(2) Submit the
form to the administrator at the address on the form within 10 days following
the end of the monthly period after retaining the copy designated for the payee
at the bottom of the form.
Source. #5840, eff 6-17-94; ss by #6786, eff 7-1-98,
EXPIRED: 7-1-06
New.
#10568, eff 4-18-14
Agr
2803.03 Invoice of Sterilization
Surgeries, Exams, and Immunizations.
(a) Only numbered invoice pads provided to the
participating veterinarian by the department shall be acceptable for
reimbursement submissions.
(b) An “Invoice” shall be:
(1) Completed
by the participating veterinarian; and
(2) Submitted
to the program administrator within 10 days of the end of the month in which
the sterilization surgery or immunization was performed under the program.
(c) The participating veterinarian shall provide
the following:
(1) Payee’s
name and address;
(2) That the
payee certifies that this invoice is correct in all its particulars;
(3) Authorized
payee signature, title, and date signed;
(4)
Sterilization surgeries for the calendar month indicated;
(5) Number of
female dogs receiving sterilization surgery or immunization in each of the
Following weight categories:
a. Up to 25
lbs.;
b. 26-50 lbs.;
c. 51-75 lbs.;
and
d. Over 75
lbs.;
(6) Number of
female cats receiving sterilization surgery or immunization at any weight;
(7) Number of
male dogs receiving sterilization surgery or immunization in each of the
following weight categories:
a. Up to 25
lbs.;
b. 26-50 lbs.;
c. 51-75 lbs.;
and
d. Over 75 lbs;
(8) Number of
male cats receiving sterilization surgery or immunization at any weight; and
(9) Certification
indicating that the participating veterinarian certifies that the above
articles have been received or services rendered as stated herein; and
(d) Total reimbursement for the month indicated
shall be determined by participating veterinarian:
(1) Separately
listing the amount of sterilization surgeries performed on dogs by sex and
weight;
(2) Separately
listing the amount of sterilization surgeries performed on cats, of any weight,
by sex;
(3) Separately
listing the unit cost of each sterilization surgery performed;
(4) Multiplying
the number of sterilization surgeries by their respective unit cost to
calculate the subtotals;
(5) Adding the
subtotals to calculate the sterilization surgical total;
(6) Calculating
80 percent of the sterilization surgical total;
(7) Indicating
total payment received from applicant and subtracting that total from the 80
percent sterilization surgical total;
(8) Adding the total
immunization costs, not to exceed $15 per immunization, to the total determined
from (7) above; and
(9) Adding the
total examination fee.
(e) The invoice shall include a place for the
administrator to sign and date that the administrator received the invoice from
the participating veterinarian.
Source. #5840, eff 6-17-94; ss by #6786, eff 7-1-98,
EXPIRED: 7-1-06
New. #10568, eff 4-18-14
PART Agr 2804 ADMINISTRATIVE PROCEDURES
Agr 2804.01 Administrator’s Duties.
(a) The administrator shall:
(1) Verify eligibility to
participate in the program, under RSA 437-A:3, I, through the procedures
specified in Agr 2802.01;
(2)
Maintain an up-to-date list of participating veterinarians;
(3)
As required by RSA 437-A:4, I, calculate the average sterilization fees
for dogs and cats of all the participating veterinarians;
(4)
Disqualify any sterilization fee deemed unreasonable, in accordance with
Agr 2804.03 and notify veterinarian or veterinarian practice; and
(5)
Notify participating veterinarians as outlined in Agr 2803.01(e)(10)
when the funds for the program become depleted so they may stop performing
surgeries, administering vaccines, or conducting other activities under this
program.
Source. #5840, eff 6-17-94; ss by #6786, eff 7-1-98,
EXPIRED: 7-1-06
New. #10568, eff 4-18-14
Agr
2804.02 Funding Fees Collected.
(a) Cities and towns shall:
(1) Forward the
yearly animal population control fees collected in conjunction with the dog
licensing fees, in accordance with RSA 466:4, I(b), to the department;
(2) Remit fees
collected no later than May 15th; and
(3) Make the
checks payable to “Treasurer State of NH.”
Source. #5840, eff 6-17-94; ss by #6786, eff 7-1-98,
EXPIRED: 7-1-06
New. #10568, eff 4-18-14
Agr
2804.03 Unreasonable Fees by
Participating Veterinarians.
(a) Any sterilization or physical examination
fees equal to or greater than 20 percent more than the average fees of other
participating veterinarians shall be deemed unreasonable by the administrator
and shall be disqualified.
(b) Upon notification by the administrator that
the fee is unreasonable, the participating veterinarian may agree to lower any
unreasonable fee in order to participate in the program.
Source. #5840, eff 6-17-94; ss by #6786, eff 7-1-98,
EXPIRED: 7-1-06
New. #10568, eff 4-18-14
Agr
2804.04 Monthly Submissions. Each
participating veterinarian shall submit complete and correct monthly invoices
and the Application for Sterilization of a Dog or Cat no later than 10 days
immediately following the end of that monthly period.
Source. #5840, eff 6-17-94; ss by #6786, eff 7-1-98,
EXPIRED: 7-1-06
New. #10568, eff 4-18-14
PART Agr 2805 COMPLAINTS, VIOLATIONS AND FINES
Agr 2805.01 Complaint. A complaint may be filed by any person, in
accordance with the following provisions:
(a) A complaint shall be sent by first class mail
to the department containing the following:
(1)
The complainant’s name and address;
(2)
The alleged violator’s name and address; and
(3)
A description of animal involved, if applicable;
a.
A detailed description of the alleged violation committed; and
b.
The signature of the complainant; and
(b) If the complaint alleges a violation against
a participating veterinarian a copy of the complaint shall be forwarded by the
department to the administrator and the New Hampshire Board of Veterinary
Medicine;
(c) If the complaint alleges a violation against
a person under one of the programs listed in Agr 2801.02(a) and RSA 437-A:3, I,
a copy of the complaint shall be forwarded by the department to the
administrator and the New Hampshire department of health and human services,
division of human services.
Source. #5840, eff 6-17-94; ss by #6786, eff 7-1-98,
EXPIRED: 7-1-06
New. #10568, eff 4-18-14
Agr
2805.02 Notification of Violation. The alleged violator shall be notified of:
(a) The alleged violation;
(b) The proposed administrative action;
(c) The intent to hold an adjudicatory hearing,
as necessary in accordance with the department’s rules of practice and
procedure, Agr 200; and
(d) The applicability of Agr 200, to the
proceedings in the case.
Source. #5840, eff 6-17-94; ss by #6786, eff 7-1-98,
EXPIRED: 7-1-06
New. #10568, eff 4-18-14
Agr 2805.03 Administrative
Fine. Any person who violates the
rules adopted in accordance with RSA 437-A under this chapter or the statutory
provisions of RSA 437-A shall be subject to an administrative fine of $1,000
for each violation, pursuant to RSA 437-A:6 and processes set forth in Agr 200.
Source. #5840, eff 6-17-94; ss by #6786, eff 7-1-98,
EXPIRED: 7-1-06
New. #10568, eff 4-18-14
Appendix
Rule |
|
|
|
Agr 2801.01 |
RSA 437-A:2 , RSA
437-A:3 |
Agr 2801.02 |
RSA 437-A:3 |
Agr 2801.03 |
RSA 437-A:1 , 541-A:7 |
Agr 2802 |
RSA 437-A:3 |
Agr 2803 |
RSA 437-A:4 |
Agr 2804 |
RSA 437-A:4-a |
Agr 2805 |
RSA 437-A:6 |
|
|