Amended  IN  Assembly  June 27, 2018
Amended  IN  Assembly  June 20, 2018
Amended  IN  Senate  May 25, 2018
Amended  IN  Senate  April 26, 2018
Amended  IN  Senate  April 09, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1305

Introduced by Senator Glazer
(Principal coauthors: Assembly Members Baker and Steinorth)
(Coauthors: Assembly Members Cervantes Bloom, Cervantes, and Mullin)

February 16, 2018

An act to add Section 1799.109 to the Health and Safety Code, relating to emergency medical services providers.


LEGISLATIVE COUNSEL'S DIGEST


SB 1305, as amended, Glazer. Emergency medical services providers: dogs and cats.
Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (the act), establishes the Emergency Medical Services Authority to coordinate and integrate all state activities concerning emergency medical services, including, among other duties, establishing training standards for specified emergency services personnel. The act provides a qualified immunity for public entities and emergency rescue personnel providing emergency services. The act provides other exemptions from liability for specified professionals rendering emergency medical services.
Existing law, the Veterinary Medicine Practice Act, governs the practice of veterinary medicine in this state and makes it unlawful for any person to practice veterinary medicine in this state without a valid license issued pursuant to the act. For purposes of the act, the practice of veterinary medicine includes, among other things, administering a drug, appliance, or treatment for the cure or relief of a wound, fracture, or bodily injury of an animal.
This bill would authorize an emergency medical services provider, as defined, to provide basic first aid to dogs and cats, as defined, to the extent that the provision of that care is not prohibited by the provider’s employer. The bill would exempt that provider and his or her employer from liability for civil damages, and would exempt the provider from other disciplinary action, for providing that care, except as specified. limit civil liability for specified individuals who provide care to a pet or other domesticated animal during an emergency by applying existing provisions of state law. The definition of “basic first aid to dogs and cats” for purposes of these provisions would specifically include, among other acts, administering oxygen and bandaging for the purpose of stopping bleeding.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1799.109 is added to the Health and Safety Code, to read:

1799.109.
 (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 medical service providers to provide, on a voluntary basis, basic first aid to dogs and cats. 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 medical services provider may provide basic first aid to dogs and cats to the extent that the provision of that care is not prohibited by the provider’s employer. employer, and the provider shall not be subject to criminal prosecution for a violation of Section 4831 of the Business and Professions Code.

(c)An emergency medical services provider and his or her employer are not liable for civil damages, and an emergency medical services provider is not subject to criminal prosecution or professional disciplinary action, for an act or omission resulting from the provision of basic first aid to dogs and cats pursuant to this section, unless the act or omission constitutes willful or wanton misconduct.

(c) Civil liability for a person who provides care to a pet or other domesticated animal during an emergency is governed by the following provisions of law:
(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 medical services provider, 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 medical services provider or any other person to provide care to a dog or cat. 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 medical services provider” 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 medical services provider.
(5) (A) “Basic first aid to dogs and cats” means providing immediate medical care to a dog or cat by an emergency medical services provider, in an emergency situation to which the emergency medical services provider is responding, through the following means:
(i) Administering oxygen.
(ii) Managing ventilation by mask.
(iii) Manually clearing the upper airway, not including tracheal intubation or surgical procedures.
(iv) Giving mouth-to-snout or mouth-to-barrier ventilation. mouth-to-mouth ventilation, including with the use of a barrier.
(v) Controlling hemorrhage with direct pressure.
(vi) Bandaging for the purpose of stopping bleeding.
(B) “Basic first aid to dogs and cats” is intended to enable the dog or cat to be transported as soon as practical to a veterinarian for treatment. “Basic first aid to dogs and cats” does not include care provided in response to an emergency call made solely for the purpose of tending to an injured dog or cat, unless a person’s life could be placed in danger attempting to save the life of the dog or cat.