RANKINGS STAT SHEET 2014: Category Veterinarian Reporting/Immunity

Transcription

1 RANKINGS STAT SHEET 2014: Category Veterinarian Reporting/Immunity Statistics: 1) Veterinary Reporting is : 15 states Veterinary Reporting is : 12 states 2) Veterinary Immunity (from reporting or investigation involvement): 29 states State Statute Statute Terms Veterinary Immunity? Reporting? Alabama N/A N/A N/A N/A Alaska N/A N/A N/A N/A Arizona ARIZ. REV. STAT Veterinarians shall report in writing, within forty-eight hours of treatment or examination, any suspected dog fighting or animal abuse to a local law enforcement agency; and in cases of suspected abuse of livestock, to the department of agriculture. immune from civil liability for reports filed in good faith. Arkansas (1) ARK. CODE ANN (2) ARK. CODE ANN (1) A person who in good faith reports suspected animal cruelty or aggravated animal cruelty is such reporting. N/A (2) A licensed veterinarian or a person acting at the direction of a licensed veterinarian is assistance in an animal cruelty investigation.

2 California (1) CAL. PEN. CODE 597f(b) (2) CAL. BUS. & PROF. CODE , (1) treating injured animals brought to them by peace officers or humane agents. (2) required to report suspected cases of animal fighting and animal cruelty and are immune from any civil liability for so reporting. Colorado (1) COLO. REV. STAT (2) COLO. REV. STAT (3) COLO. REV. STAT (3)(a)(XIV) (1) Veterinarians shall report suspected animal cruelty and are immune from liability in any civil or criminal action. (2) Any person, including a veterinarian, who reports animal cruelty in good faith is immune from civil liability. (3) The veterinarypatient-client privilege may not be asserted for the purpose of excluding or refusing evidence or testimony in a prosecution for animal cruelty or fighting. Connecticut N/A N/A N/A N/A District of N/A N/A N/A N/A Columbia

3 Delaware N/A 24 Del. Admin. Code exempts the protection of animal welfare from privileged communications. Florida Georgia FLA. STAT. ANN (4) GA. CODE ANN immune from lawsuits for investigations of cruelty. Veterinarians and veterinary technicians may report suspected cases of animal cruelty and dogfighting and shall be immune from any civil or criminal liability if done in good faith. N/A N/A Hawaii N/A N/A N/A N/A Idaho IDAHO CODE N/A A Illinois (1) 225 ILL. COMP. STAT. 115/ ILL. COMP. STAT. 70/3.07 (2) 510 ILL. COMP. STAT. 70/4.01, 70/ ILL. COMP. STAT. 5/26-5 (3) 510 ILL. COMP. STAT. 70/10 (4) 510 ILL. COMP. STAT. 70/16.5 not liable for investigations of cruelty, unless accompanied by bad faith or malice. (1) Any veterinarian who observes or is presented with an animal for the treatment of aggravated cruelty or torture must file a report and has immunity from civil or criminal liability for reports made in good faith. (2) Any veterinarian who is presented with an animal for treatment of injuries or wounds resulting from fighting in violation of the law shall file a report and has immunity from civil or reports made in good faith.

4 (5) 225 ILL. COMP. STAT. 115/25.19 (3) Veterinarian assisting in certain investigations and acting in good faith are immune from any civil or criminal liability. Indiana IND. CODE (4) Any veterinarian, and other person, who in good faith provides emergency care or treatment to an animal due to an emergency or a disaster has civil immunity. (5) exception to the mandatory reporting requirement for suspected acts of aggravated cruelty, torture, and animal fighting. A veterinarian or veterinary technician who, in good faith and in the normal course of business, reports a suspected incident of animal cruelty is such reporting. Iowa N/A N/A N/A N/A Kansas (1) K.A.R (administrative regulation) (2) KAN. STAT. ANN (1) required to report cruel or inhumane treatment of animals if the veterinarian has direct knowledge of such treatment. (2) The requirement of client confidentiality is waived for reporting

5 Kentucky KY. REV. STAT. ANN cruel or inhumane treatment of an animal. prohibited from the voluntary reporting of suspected animal cruelty or fighting without a court order, subpoena or client waiver. Louisiana N/A N/A N/A N/A Maine ME. REV. STAT. ANN. tit. 7, 4018 Maryland Massachusetts MD. AGRICULTURE CODE ANN MASS. GEN. LAWS ch. 112, 58B A licensed veterinarian may report suspected cruelty or neglect; shall report suspected aggravated cruelty; and is immune from any civil or criminal liability or professional disciplinary action. Veterinarians may report suspected animal cruelty and are immune from civil liability for their good faith actions. A registered veterinarian who reports, in good faith and in the normal course of business, a suspected act of cruelty to animals is not liable in a civil or criminal action for reporting such act. A veterinarian who, while in the normal course of business, observes an animal whom such veterinarian knows or reasonably suspects has been a victim of animal cruelty shall report said

6 suspected animal cruelty to a police officer or special state police officer appointed inder section 57 of chapter 22C. Michigan Minnesota MICH. COMP. LAWS (1) MINN. STAT , subd. 1(c),(d),(e) (2) MINN. STAT , subd. 6 A veterinarian who fails to report animal cruelty shall be reported to the board of registration in veterinary medicine A veterinarian or veterinary technician is reporting an animal they suspect is abandoned, neglected, or abused. (1) If animal is abandoned with a veterinarian, after ten days veterinarian may be relieved of any liability for disposal of animal. Mississippi (1) MISS. CODE ANN (2) MISS. CODE ANN (6)(b) (2) Veterinarians must report known or suspected cases of abuse, cruelty, or neglect. (1) good faith reporting of suspected animal cruelty. (2) Any veterinarian, or person acting at the direction of a veterinarian, who, in good faith, participates in the investigation of suspected cruelty to a

7 Missouri 20 CSR (11) dog or cat, or provides service to a dog or cat in such an investigation, shall be immune from civil and criminal liability for such acts. responsible for reporting animal abuse and neglect cases that cannot be resolved through education. Montana N/A N/A N/A N/A Nebraska NEB. REV. STAT NEB. REV. STAT Nevada New Hampshire NEV. REV. STAT (1) N.H. REV. STAT. ANN. 332-B:16-a (2) N.H. REV. STAT. ANN. 644:8(V) Veterinarians and veterinary technicians shall report suspected cases of abandonment, cruel neglect, or cruel mistreatment, and are immune from liability except for false statements of fact made with malicious intent. Any person who knows or has reasonable cause to believe that an animal has been subjected to cruelty may confidentially so report. (1) Immunity from civil actions (2) protected from lawsuits for their part in cruelty investigations. N/A N/A New Jersey N/A N/A N/A N/A New Mexico N/A N/A N/A N/A New York N.Y. EDUC. LAW 6714 A veterinarian may report suspected animal cruelty and is immune from civil or criminal liability for such reports made reasonably and with good faith.

8 rth Carolina rth Dakota N.C. GEN. STAT (1) N.D. CENT. CODE (2) N.D. CENT. CODE (3) N.D. CENT. CODE Veterinarians who, in good faith, report suspected animal cruelty, participate in an investigation or testify in an animal cruelty case are immune from civil, criminal and professional liability. (1) The state board of animal health shall maintain a list of veterinarians trained to assist in animal criminal investigations. (2) A licensed veterinarian who reasonably believes an animal has been cruelly treated shall notify law enforcement and may retain custody of the animal. (3) A veterinarian is rendering emergency treatment to an animal. Ohio N/A N/A N/A N/A Oklahoma OKLA. STAT. tit. Veterinarians shall 21, report suspected animal abuse and are immune from civil liability for Oregon (1) OR. REV. STAT (2) OR. REV. STAT (3) OR. REV. STAT good faith reporting. (1) The Legislature finds that a direct link exists between animal abuse and human abuse, and that it is in the public interest to require mandatory veterinarian reporting of aggravated animal abuse.

9 (4) OR. REV. STAT (5) OR. REV. STAT (2) Veterinarians may report suspected mistreatment of any animal to peace officers, animal control officers or officers of private organizations devoted to humane treatment of animals and is immune from any civil or criminal liability by reason of making the report. (3) A veterinarian who has reasonable cause to believe an animal has suffered aggravated animal abuse shall immediately report it to a law enforcement agency. (4) A veterinarian who acts in good faith and has reasonable grounds for making a report of suspected aggravated animal abuse is immune from any civil or criminal liability as a result of making such a report. (5) Failure of a veterinarian to report suspected aggravated animal abuse is a Class A violation. Pennsylvania N/A N/A N/A N/A Rhode Island R.I. GEN. LAWS Any licensed veterinarian who makes a good faith report concerning any animal that the veterinarian

10 South Carolina S.C. CODE ANN knows or reasonably believes to be abandoned, neglected, or abused, shall be criminal liability. Veterinarians, animal control officers and humane agents are immune from civil and good faith care and treatment of animals in distress. South Dakota N/A N/A N/A N/A Tennessee N/A N/A N/A N/A Texas TEX. OCC. CODE ANN Utah Vermont Virginia UTAH CODE ANN ; (13) VT. STAT. ANN. tit. 26, 2404 (1) VA. CODE ANN , (2) VA. CODE ANN good faith reporting of suspected animal cruelty. Veterinarians may report suspected animal cruelty and are immune from civil or criminal liability for such actions taken in good faith. civil liability for a veterinarian who, in good faith and in the normal course of practice, reports suspected cases of cruelty to animals; or who assists a humane officer in the execution of a warrant. (1) Veterinarians may report suspected animal abuse and are immune from liability for such reporting. (2) Veterinarians who in good faith provide

11 Washington West Virginia WASH. REV. CODE (1) W. VA. CODE (e) (2) W. VA. CODE a records or information related to a report of suspected cruelty, or testify about such information, shall be immune from liability. criminal liability when using reasonable prudence in carrying out provisions of animal mistreatment statutes. (1) Veterinarian has no civil or criminal liability for making a determination that a seized animal should be humanely destroyed to end its suffering. Wisconsin WIS. STAT (1) (2) Veterinarian has a duty to report suspected animal abuse or neglect, and has no civil or criminal liability from such reporting. A veterinarian who has reason to believe an animal has been in animal fighting exhibition must report the matter to local humane officer or law enforcement. Wyoming N/A N/A N/A N/A