HOUSE DOCKET, NO. 1332        FILED ON: 1/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2037

The Commonwealth of Massachusetts

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PRESENTED BY:

William L. Crocker, Jr.

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act providing for the care and transportation of police dogs injured in the line of duty.

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PETITION OF:

HOUSE DOCKET, NO. 1332        FILED ON: 1/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2037

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act providing for the care and transportation of police dogs injured in the line of duty.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 1 of Chapter 111C of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the definition of “Medical director” the following definition:-

“Operational working animal”, a canine trained to operate under the command of law enforcement or other first responders.

SECTION 2.  Said chapter 111C is hereby amended by adding the following section:-

Section 26.  (a) EMS providers are granted limited authority to render pre-hospital emergency veterinary care in accordance with sections 60 and 60 ½ of chapter 112to operational working animals injured in the line of duty.

(b) An EMS provider may transport any operational working animal injured in the line of duty in an EMS vehicle to a veterinary treatment facility; provided that there are no persons requiring medical transport at that time.

SECTION 3.  Section 60 of chapter 112 of the General Laws, as so appearing, is hereby amended by adding the following sentences:-  They shall not apply to an EMS provider, as defined in section 1 of chapter 111C, who in good faith renders pre-hospital emergency veterinary care to an operational working animal, as defined in said section 1 of said chapter 111C, injured in the line of duty; provided that the EMS provider has completed training as required under section 60 ½.

SECTION 4.  Chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after Section 60 the following section:-

Section 60 ½.  (a) The office of emergency medical services within the department of public health, in consultation with an approved veterinary school, as defined in section 54A, or a veterinarian registered under sections 55, 56C or 56D, shall approve standards for the provision by EMS providers, as defined in section 1 of chapter 111C, of pre-hospital emergency veterinary care to operational working animals, as defined in said section 1 of said chapter 111C.

(b) Consistent with section 26 of chapter 111C, an EMS provider may provide pre-hospital emergency veterinary care to an operational working animal injured in the line of duty within  the equivalent scope of practice for which the EMS provider treats human patients unless otherwise authorized by the office of emergency medical services or local medical control, as defined by section 1 of chapter 111C, to exceed that scope of practice; provided that the EMS provider has completed training consistent with the standards approved pursuant to subsection (a).

(c) An EMS provider shall not be liable for or subject to any of the following that allegedly arises from an act or omission associated with the provision of pre-hospital emergency veterinary care to an operational working animal injured in the line of duty, unless the act or omission constitutes willful or wanton misconduct: (i) damages in a civil action; (ii) prosecution in a criminal proceeding; and (iii) professional disciplinary action.

(d) The board of registration in pharmacy shall not take disciplinary action against an EMS provider's license for reasons arising from an act or omission associated with the provision of pre-hospital emergency veterinary care consistent with this section to an operational working animal injured in the line of duty, unless the act or omission constitutes willful or wanton misconduct.

(e)  A veterinarian registered under sections 55, 56C or 56D may establish and provide a written protocol to, or consult with, an EMS provider to enable the provision of pre-hospital emergency veterinary care to an operational working animal injured in the line of duty.  A veterinarian who acts in good faith in accordance with this subsection shall not be liable for or subject to any of the following for any act or omission associated with the provision of pre-hospital emergency veterinary care to an operational working animal by an EMS provider under this section: (i) damages in any civil action, (ii) prosecution in any criminal proceeding, or (iii) professional disciplinary action.