Legal Requirement and Process for Dog Bites in New Jersey

Introduction

When a dog bite occurs in New Jersey, the law treats it as both a public health issue (rabies control) and an animal control matter. The process is structured to protect the bite victim, ensure rabies monitoring, and hold the animal’s owner accountable.

1. Immediate Reporting

• Physicians are legally required under N.J.S.A. 26:4-79 to report all animal bites to the local Health Officer within 12 hours of treating a patient.
  • Bite victims, animal owners, or witnesses should also report the incident directly to the local health department or animal control.

2. Role of the Animal Control Officer 

• Upon receiving a report, the ACO may assist the Health Officer with the rabies investigation.
  • The ACO gathers information about:
  - The dog (breed, license, markings, rabies vaccination status).
  - The bite victim (name, injury details, physician involved).
     - Circumstances of the bite (time, location, severity).
  • An ACO may complete an incident report and forward it to the Health Officer. This satisfies the ACO’s duty to notify, but it does not replace the legal confinement order.

3. Legal Confinement Order (VPH-11)

• The authority for confinement comes from N.J.S.A. 26:4-82, which states:
  “The local board of health, or the local health officer, shall order any dog or other animal which has bitten a person to be confined and observed…”
  
  • N.J.S.A. 26:4-83 further provides that the Health Officer designates the manner and place of confinement and observation.
  
  • To implement this authority, the New Jersey Department of Health created the VPH-11 (Notice of Bite and Confinement of Animal) form. The VPH-11 is the official statewide form used by Health Officers (or their authorized agents, such as ACOs acting on their behalf) to issue a legally binding confinement order.
  • Without the VPH-11 (or another written order from the Health Officer), the confinement lacks legal enforceability. An ACO’s incident report alone does not meet the statutory requirement.

4. Observation Period

• During the 10-day observation period required under N.J.S.A. 26:4-82:
  - The dog is monitored for signs of rabies illness.
  - If the dog becomes ill or dies, the Health Officer must be notified immediately, and under N.J.S.A. 26:4-86, the animal must be submitted to the NJDOH Rabies Laboratory for testing.
     - If the dog remains healthy after 10 days, the confinement is lifted, and the animal is cleared.

5. Special Cases

• If the dog shows rabies symptoms at the time of the bite, it may be humanely euthanized immediately and tested.
  • Wild animals (raccoons, skunks, foxes, bats) cannot undergo a safe observation period—they must be euthanized and tested if they bite a person.

6. Victim Medical Care

• Bite victims are advised to:
  - Wash wounds immediately with soap and water.
  - Seek medical attention promptly.
     - Consult their physician regarding the need for rabies post-exposure prophylaxis (PEP).

7. ACO Recordkeeping & Follow-Up

• The ACO must maintain detailed records of the incident, confinement, and outcome under N.J.A.C. 8:23A-1.13.
  • Copies of the VPH-11 are provided to:
  - The owner of the animal.
  - The bite victim.
     - The local health department.

Summary

When an ACO encounters a dog bite, the law requires coordination with the local Health Officer. By statute (N.J.S.A. 26:4-82 and 83), only the Health Officer has the legal authority to order the 10-day confinement of the animal, which is carried out through the NJDOH VPH-11 form. An ACO may file an incident report and notify the Health Officer, but that report alone is not legally sufficient. If the animal shows illness or dies during confinement, N.J.S.A. 26:4-86 requires immediate rabies testing. This process ensures public health protection, rabies prevention, and compliance with state law.