Full Statute Name:  West's Annotated California Codes . Health and Safety Code. Division 2.5. Emergency Medical Services. Chapter 1. General Provisions.

Share |
Primary Citation:  West's Ann. Cal. Health & Safety Code § 1797.10, § 1799.109 Country of Origin:  United States Last Checked:  September, 2019 Date Adopted:  2018 Historical: 
Summary: These two statutes relate to emergency transportation and care of injured companion animals. Section § 1797.10 establishes a pilot project in the County of San Bernardino beginning on January 1, 2019. It authorizes emergency transportation for a police dog injured in the line of duty to a veterinary medical service provider. Several conditions must be met before transport such as that the canine handler remains responsible for any first aid rendered to the injured police dog during transport and that no person at the scene requires medical attention or medical transportation at the time the request for transport is made. The next law, § 1799.109, first makes legislative findings on the importance of dogs and cats to Californians and that some first responder agencies have been providing stabilizing, life-saving emergency care to dogs and cats, which violates the Veterinary Medicine Practice Act. This new law allows an emergency responder to provide basic first aid to dogs and cats to the extent that the provision of that care is not prohibited by the responder's employer. The responder is not subject to criminal prosecution under the prohibitions of the Veterinary Medicine Practice Act. Basic first aid includes things like administering oxygen, manually clearing an upper airway, controlling a hemorrhage with direct pressure, and bandaging to stop bleeding. This section does not impose a duty or obligation upon an emergency responder or any other person to transport or provide care to an injured pet or other domesticated animal during an emergency nor does it require emergency services through a 911 call for dogs or cats.

§ 1797.10. Emergency medical transport for police dog; pilot project; San Bernardino County; conditions; report to Legislature

(a) The County of San Bernardino is authorized to work with the Inland Counties Emergency Medical Agency to conduct a pilot project, commencing January 1, 2019, that would authorize emergency transportation for a police dog injured in the line of duty to a facility that is capable of providing veterinary medical services to the injured police dog if all of the following conditions apply:

(1) A request for transport is made by the injured police dog's canine handler.

(2) An ambulance is present at the scene of the injury at the time the request for transport is made.

(3) No person at the scene of the incident requires medical attention or medical transportation at the time the request for transport is made.

(4) The owner of the ambulance has a policy that permits the transport of an injured police dog.

(5) The canine handler accompanies the injured police dog and remains in full control of the dog during transport.

(6) The canine handler provides the location of the nearest facility that is capable of providing veterinary medical services to the injured police dog.

(7) The canine handler remains responsible for any first aid rendered to the injured police dog during transport.

(b) For purposes of this section, “police dog” means a dog being used by a peace officer in the discharge or attempted discharge of his or her duties and includes, but is not limited to, a search and rescue dog or a passive alert dog.

(c)(1) The Inland Counties Emergency Medical Agency shall collect data on the number of police dogs transported pursuant to this section, the location where the police dogs were transported to, and the outcome of those transports.

(2) The Inland Counties Emergency Medical Agency shall submit a report to the Legislature that includes the data described in paragraph (1) by January 1, 2022. The report shall be submitted in compliance with Section 9795 of the Government Code.

(d) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

Credits

(Added by Stats.2018, c. 272 (A.B.1776), § 1, eff. Jan. 1, 2019.)

 

§ 1799.109. Legislative intent; first aid voluntarily provided to dogs and cats by emergency responders; exposure to criminal prosecution or professional discipline; civil liability

(a) The Legislature finds and declares all of the following:

(1) California residents receive comfort and unconditional love on a daily basis from their household pets, particularly dogs and cats.

(2) California residents benefit from the special support, comfort, guidance, companionship, and therapy provided by dogs and cats.

(3) Pets provide critical support to many California residents with disabilities.

(4) Pets provide assistance and aid in the official duties of military personnel, peace officers, law enforcement agencies, fire departments, and search-and-rescue agencies.

(5) Personnel of some fire districts and other first responder agencies currently provide stabilizing, life-saving emergency care to dogs and cats, which violates the Veterinary Medicine Practice Act.

(6) In enacting this section, it is the intent of the Legislature to authorize emergency responders to provide, on a voluntary basis, basic first aid to dogs and cats without exposure to criminal prosecution or professional discipline for the unlawful practice of veterinary medicine.

(b) Notwithstanding the Veterinary Medicine Practice Act, as set forth in Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code, an emergency responder may provide basic first aid to dogs and cats to the extent that the provision of that care is not prohibited by the responder's employer, and the responder shall not be subject to criminal prosecution for a violation of Section 4831 of the Business and Professions Code.

(c) Civil liability for a person who provides care to a pet or other domesticated animal during an emergency is governed by the following:

(1) Section 4826.1 of the Business and Professions Code governs care provided by a veterinarian.

(2) Subdivision (a) of Section 1799.102 governs care provided by an emergency responder, or law enforcement and emergency personnel specified in this chapter.

(3) Subdivision (b) of Section 1799.102 governs care provided by any person other than an individual described in paragraph (1) or (2).

(d) Notwithstanding any other law, this section does not impose a duty or obligation upon an emergency responder or any other person to transport or provide care to an injured pet or other domesticated animal during an emergency.

(e) For purposes of this section, the following definitions apply:

(1) “Cat” means a small domesticated feline animal that is kept as a pet. “Cat” does not include nondomesticated wild animals.

(2) “Dog” means a domesticated canine animal owned for companionship, service, therapeutic, or assistance purposes.

(3) “Emergency responder” means a person who is certified or licensed to provide emergency medical services.

(4) “Employer” means an entity or organization that employs or enlists the services of an emergency responder.

(5) “Basic first aid to dogs and cats” means providing immediate medical care to a dog or cat by an emergency responder, in an emergency situation to which the emergency responder is responding, that is intended to stabilize the dog or cat so that the dog or cat can be transported by the owner as soon as practical to a veterinarian for treatment and which is provided through the following means:

(A) Administering oxygen.

(B) Managing ventilation by mask.

(C) Manually clearing the upper airway, not including tracheal intubation or surgical procedures.

(D) Controlling hemorrhage with direct pressure.

(E) Bandaging for the purpose of stopping bleeding.

(f) This section does not require or authorize the provision of emergency services to dogs or cats in response to a telephone call to the 911 emergency system and is not a basis for liability for the failure to provide emergency services to dogs or cats in response to a telephone call to the 911 emergency system.

Credits

(Added by Stats.2018, c. 900 (S.B.1305), § 1, eff. Jan. 1, 2019.)

 

Share |