Section 30.09 - Restrictions on Placement(1) Unless otherwise specified in 330 CMR 30.09, no Licensee may Place an Animal that tests positive for or shows signs of any of the following conditions: (a) Viral, bacterial, fungal or parasitic infections, or any contagious disease including, but not limited to, distemper, hepatitis, leptospirosis, kennel cough, coccidiosis, giardiasis, parvo virus, or rabies;(b) Evidence of parasitism which is impacting the general health of the Animal, including heartworm; or(c) Any significant behavioral concern, such as signs of a temperamental or behavioral issue, which may pose a safety risk to humans or other animals.(2) No Licensee may Place an Animal, unless: (a) any such Dog or Cat eight weeks of age or older;(b) any such Dog or Cat has, within 180 days before Placement, been examined by a Veterinarian and has received a Health Certificate, in accordance with 330 CMR 30.11(2)(i);(c) the Licensee possesses the Animal's complete Individual Animal Record, in accordance with 330 CMR 30.11; and(d) prior to Placement, the Licensee has provided the prospective Adopter with a Disclosure Statement and a partial Animal record, consisting of at least the information required under 330 CMR 30.11(2)(a) through (m), as applicable. The partial Animal record provided to a prospective adopter for an Animal that was an Owner Surrender from Another New England State or the State of New York does not need to include the OCVI, as described in 330 CMR 30.11(2)0).(3) Notwithstanding 330 CMR 30.09(1) and (2), any Animal with a chronic infectious, or contagious medical condition may be Placed, provided the Licensee has supplied any prospective Adopter with a Disclosure Statement documenting the specific medical condition and provided the prospective Adopter has signed an acknowledgment of receipt on the Disclosure Statement and an agreement requiring the Adopter to take steps to prevent the spread of disease to any other susceptible animals. Such preventive measures shall remain in effect permanently, or until a Veterinarian has declared that the Animal no longer poses a risk of transmitting disease. The Licensee shall obtain and retain a copy of these documents as part of the Animal's Individual Animal Record.(4) Notwithstanding 330 CMR 30.09(1), any Animal with behavioral issues that may pose a safety risk to humans or other animals, such as aggression, may only be Placed provided that the Animal: (a) receives training or behavior modification prior to Placement such that the safety risk is mitigated to the satisfaction of the Department; or(b) the Licensee supplies any prospective Adopter with a Disclosure Statement documenting the specific behavioral issues, and the prospective Adopter signs an acknowledgment of receipt on the Disclosure Statement and an agreement requiring the Adopter to establish an adequate management plan or employ the services of a professional Animal trainer or behaviorist to provide training or behavior modification that mitigates the safety risk. The Licensee shall obtain and retain a copy of these documents as part of the Animal's Individual Animal Record.(5) A Licensee may Place any Animal found to be affected by a medical condition that is neither infectious or contagious, such as nutritional or metabolic disease, fracture, lameness, or congenital abnormalities, provided that the Animal is treated and stabilized by a Veterinarian prior to Placement. The Licensee shall also: (a) Provide the prospective Adopter with a Disclosure Statement describing the Animal's medical condition including, but not limited to, a Veterinarian's good faith estimate of the cost to treat or maintain the Animal with said condition that complies with 330 CMR 30.09(11); and(b) Obtains a signed statement from the prospective Adopter stating that such Adopter has received a copy of the Disclosure Statement and is aware of the Animal's non-infectious, non-contagious, medical condition and accepts responsibility to provide the proper medical care for the Animal.(6) No Organization shall dispense medication to an Adopter. Only a Veterinarian may prescribe or dispense medication after establishing a valid veterinarian-client-patient relationship, pursuant to the Board of Registration in Veterinary Medicine regulations at 256 CMR 2.00: General Provisions.(7) Any location where an Animal Placement occurs, including any off-site or outdoor locations, shall meet all standards set forth in 330 CMR 30.06(1).(8)Dogs and Cats Shall Be Spayed or Neutered Prior to Adoption. Any Dog or Cat not of sufficient age to be a good candidate for spay or neuter surgery may be Placed, provided that there is a Sterilization Clause in the Licensee's Adoption agreement. Such clause shall require the Adopter either to have the Dog or Cat deprived of the ability to produce offspring by six months of age or to return the Animal to the care and custody of the Licensee. By the time the Dog or Cat reaches six months of age, the Adopter shall have provided the Licensee with written documentation from a Veterinarian that the Dog or Cat has been spayed or neutered. The documentation verifying that the Dog or Cat has been spayed or neutered shall be retained by the Licensee as part of the Individual Animal Record. Licensees invoking the Sterilization Clause when Placing Dogs or Cats shall also comply with the provisions of M.G.L. c. 140, § 139A. If a Veterinarian has examined a Dog or Cat and documented that a specific medical condition would cause spay or neuter surgery to be detrimental to the Animal's health, the Licensee shall take stringent steps to prevent the intentional or negligent breeding of the Animal, in accordance with 330 CMR 30.06(5). Such preventive measures shall remain in effect permanently, or until the Dog or Cat becomes healthy enough for surgery.
(9) Within 14 calendar days of Placement, the Adopter may have the Animal examined by any Veterinarian. If the Veterinarian determines that the Animal is affected by any medical or behavioral issue not included in the Disclosure Statement, the Adopter may return the Animal to the Organization within three days of the veterinary exam for a prompt refund of the entire Adoption fee, or, if the Organization and the Adopter both consent, a replacement Animal.(10) The provisions in 330 CMR 30.09(1), (2)(a) and (b), and (3) and (5) shall not apply to transfers of Animals between licensed Organizations, so long as the purpose of the transfer is to provide improved care or medical treatment for the Animal.(11) A Disclosure Statement that includes a good faith estimate under 330 CMR 30.09(5)(a) shall clearly and conspicuously include the following language or substantially similar language: THIS GOOD FAITH ESTIMATE IS NOT AN OFFER TO PERFORM VETERINARY SERVICES. IT IS AN ESTIMATE BASED ON THE VETERINARIAN'S EXAMINATION OF THE ANIMAL AND THE ANIMAL'S MEDICAL RECORDS. THE ACTUAL COST OF TREATING OR MAINTAINING THE ANIMAL, EITHER BY THE VETERINARIAN WHO MADE THE ESTIMATE OR ANOTHER VETERINARIAN, MAY BE HIGHER OR LOWER THAN THE ESTIMATED COST.Adopted by Mass Register Issue 1412, eff. 3/6/2020.