Bill Text: HI SB609 | 2021 | Regular Session | Introduced
Bill Title: Relating To Veterinarians.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2021-02-10 - Report adopted; Passed Second Reading and referred to JDC. [SB609 Detail]
Download: Hawaii-2021-SB609-Introduced.html
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THE SENATE |
S.B. NO. |
609 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO VETERINARIANS.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 471, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§471- Exception
to liability; emergency care; veterinarian-client-patient relationship. (a)
Any veterinarian who in good faith, without remuneration or expectation
of remuneration, renders emergency care to a sick or injured animal at large
shall not be liable to the owner of that animal for any civil damages resulting
from the veterinarian's acts or omissions, except for damages as may result
from the veterinarian's gross negligence or wanton acts or omissions.
(b) A veterinarian duly licensed under this
chapter may, in good faith, render necessary and prompt care and treatment to
an animal patient without establishing a veterinarian-client-patient relationship
if conditions do not allow the establishment of the relationship in a timely
manner. A veterinarian who renders
emergency treatment shall not be liable to the owner of the animal for any
civil damages resulting from the veterinarian's acts or omissions, except for
damages as may result from the veterinarian's gross negligence or wanton acts
or omissions.
(c) A veterinarian acting under this section
shall make an appropriate record including the basis for proceeding under this
section.
§471- Reporting; duty; dog fighting; animal
cruelty; immunity from civil liability. (a)
Whenever any veterinarian duly licensed under this chapter has
reasonable cause to believe that an animal has been injured or killed through
participation in a staged animal fight, as prescribed in section 711-1109.3 or
711-1109.35, it shall be the duty of the veterinarian to promptly report the event
to the appropriate law enforcement authorities of the county where the event
occurred.
(b) Whenever any veterinarian duly licensed under
this chapter has reasonable cause to believe an animal under the veterinarian's
care has been a victim of animal abuse or cruelty, as prescribed in section
711-1108.5 or 711-1109, it shall be the duty of the veterinarian to promptly
report the event to the appropriate law enforcement authorities of the county
where the event occurred.
(c) No veterinarian duly licensed under this chapter shall incur any civil liability as a result of making any report pursuant to this section or as a result of making any report of a violation of section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.35."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Veterinarians; Good Samaritan Protection; Report; Veterinarian-Client-Patient Relationship; Dog Fighting; Animal Abuse; Civil Liability Immunity
Description:
Provides veterinarians who provide emergency care to an animal immunity from civil liability in the absence of gross negligence. Provides veterinarians who render emergency treatment when there is no veterinarian-client-patient relationship immunity from civil liability in the absence of gross negligence. Requires veterinarians to report events of animal injury, death, or abuse to law enforcement where there is reasonable cause to believe that it relates to dog fighting or animal abuse and gives veterinarians immunity for civil liability for making the reports.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
