Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S190 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2140 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 190
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mark C. Montigny
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act prohibiting inhumane feline declawing.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and PlymouthJack Patrick Lewis7th Middlesex1/26/2023Brian M. Ashe2nd Hampden1/31/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/2/2023Samantha Montaño15th Suffolk2/6/2023 1 of 3
16	16	SENATE DOCKET, NO. 2140 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 190
18	18	By Mr. Montigny, a petition (accompanied by bill, Senate, No. 190) of Mark C. Montigny, Jack
19	19	Patrick Lewis, Brian M. Ashe, Patrick M. O'Connor and others for legislation to prohibit
20	20	inhumane feline declawing. Consumer Protection and Professional Licensure.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act prohibiting inhumane feline declawing.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 140 of the General Laws, as so appearing in the 2020 Official
30	30	2Edition, is hereby amended by inserting after section 174F the following section:-
31	31	3 “Section 174G. (a) For the purposes of this section, the following words shall have the
32	32	4following meanings:
33	33	5 ''Board'', the board of registration in veterinary medicine.
34	34	6 “Declawing procedure” means an onychectomy, dactylectomy, phalangectomy, or any
35	35	7other procedure that removes a portion of the paw or digit of an animal in order to remove a
36	36	8claw. “Declawing procedure” includes a tendonectomy or any other procedure that cuts or
37	37	9modifies the tendon of the limb, paw, or digit of an animal in order to prohibit the normal
38	38	10function of a claw or prevents the normal functioning of 1 or more claws. “Declawing
39	39	11procedure” does not include nail filing, nail trimming, or the placement of temporary nail caps
40	40	12on 1 or more claws of an animal. 2 of 3
41	41	13 “Therapeutic purpose” means for the purpose of addressing an existing or recurring
42	42	14infection, disease, injury, or abnormal condition in the claw, nail bed, or toe bone that
43	43	15jeopardizes the animal’s health, where addressing the infection, disease, injury, or abnormal
44	44	16condition of the claws , nail bed, or toe bone, is a medical necessity; provided, that “therapeutic
45	45	17purpose” shall not include cosmetic, aesthetic reasons, or reasons of convenience in the keeping
46	46	18or handling of the animal.
47	47	19 (b) No person shall perform, or cause to be performed, any declawing procedure of an
48	48	20animal, unless the following apply:
49	49	21 (1) The person performing such declawing procedure is licensed under section 55 of
50	50	22chapter 112; and
51	51	23 (2) Such declawing procedure is for a therapeutic purpose as defined under this section;
52	52	24or
53	53	25 (3) The person who causes a declawing, onychectomy, or tendonectomy procedure to be
54	54	26performed is relying upon the written opinion of a person licensed under section 55 of chapter
55	55	27112 that such declawing procedure animal is required for a therapeutic purpose.
56	56	28 (c) A veterinarian who performs a declawing procedure on an animal shall keep a record
57	57	29of the procedure for a period of 4 years after the last contact with the animal. This record shall
58	58	30include the name and address of the animal's owner; the name and address of the person from
59	59	31whom payment is received for the procedure; a description of the animal, including its name,
60	60	32breed, date of birth, sex, color, markings, and current weight; the date and time of the procedure;
61	61	33the reason the procedure was performed; and any diagnostic opinion, analysis or test results to
62	62	34support the diagnosis. These records shall be subject to audit by the board. 3 of 3
63	63	35 Any person who performs a declawing procedure on an animal shall report the number of
64	64	36all such procedures to the board annually on or before March 30. The board shall maintain all
65	65	37notices received under this subsection for 4 years from the date of receipt.
66	66	38 Records maintained under this subsection shall not be considered a public record, as
67	67	39defined in clause twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66, and these
68	68	40records shall not be publicly disseminated.
69	69	41 (d) The board shall, annually on or before March 1, report to the joint committee on the
70	70	42environment, natural resources, and agriculture the number of animals that were the subject of
71	71	43declawing procedure notices received under subsection (c).
72	72	44 (e) Whoever violates subsection (b) shall be punished by a fine of not more than $1,000
73	73	45for a first offense, by a fine of not more than $1,500 for a second offense, and by a fine of not
74	74	46more than $2,500 for a third or subsequent offense.
75	75	47 (f) Whoever being licensed under section 55 of chapter 112 violates any provision of this
76	76	48section may be subject to disciplinary action under section 59 of said chapter 112 and 256 CMR
77	77	497.00.
78	78	50 (g) Nothing in this section shall preclude prosecution under section 77 of chapter 272.
79	79	51 (h) A city or town shall enforce this section through its animal control officers or police
80	80	52officers in a manner consistent with the disposition provisions in section 21D of chapter 40.”.
81	81	53 SECTION 2. Section 137D of chapter 140, as so appearing, is hereby amended by
82	82	54inserting in line 8, after the word “seventy-two” the following:- “or section 174G of chapter
83	83	55140”.