HOUSE BILL No. 4807


     June 17, 1999, Introduced by Reps. Law, Richner, Koetje, Rocca, Shulman and
Woronchak and referred to the Committee on Family and Civil Law.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   (MCL 333.1101 to 333.25211) by adding sections 18826 and 18827.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 18826.  (1) A VETERINARIAN OR VETERINARY TECHNICIAN IS

 2    NOT LIABLE FOR CIVIL DAMAGES AS A RESULT OF THE ACTS OR OMISSIONS

 3    DESCRIBED IN SUBSECTION (2) IF BOTH OF THE FOLLOWING APPLY:

 4         (A) THE ANIMAL HAS BEEN BROUGHT TO THE VETERINARIAN OR VET-

 5    ERINARY TECHNICIAN BY A PERSON OTHER THAN THE OWNER OF THE

 6    ANIMAL.

 7         (B) THE VETERINARIAN OR VETERINARY TECHNICIAN DOES NOT KNOW

 8    WHO OWNS THE ANIMAL OR IS UNABLE TO CONTACT THE OWNER OF THE

 9    ANIMAL BEFORE A DECISION MUST BE MADE WITH RESPECT TO EMERGENCY

10    TREATMENT OR EUTHANASIA.




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 1         (2) THE IMMUNITY GRANTED BY THIS SECTION APPLIES TO BOTH OF

 2    THE FOLLOWING:

 3         (A) AN INJURY TO AN ANIMAL OR DEATH OF AN ANIMAL THAT

 4    RESULTS FROM ACTS OR OMISSIONS BY THE VETERINARIAN OR VETERINARY

 5    TECHNICIAN IN PROVIDING TREATMENT TO THE ANIMAL.

 6         (B) THE EUTHANASIA OF A SERIOUSLY INJURED OR SERIOUSLY ILL

 7    ANIMAL.

 8         (3) THIS SECTION DOES NOT APPLY TO AN ACT OR OMISSION BY A

 9    VETERINARIAN OR VETERINARY TECHNICIAN AMOUNTING TO GROSS NEGLI-

10    GENCE OR WILLFUL AND WANTON MISCONDUCT IN PROVIDING TREATMENT TO

11    AN ANIMAL.

12         SEC. 18827.  A LICENSED VETERINARIAN OR VETERINARY TECHNI-

13    CIAN WHO IN GOOD FAITH REPORTS TO A PEACE OFFICER, AN ANIMAL CON-

14    TROL OFFICER, OR AN OFFICER OF A PRIVATE ORGANIZATION DEVOTED TO

15    THE HUMANE TREATMENT OF ANIMALS AN ANIMAL THAT THE VETERINARIAN

16    OR VETERINARY TECHNICIAN KNOWS OR REASONABLY BELIEVES TO BE ABAN-

17    DONED, NEGLECTED, OR ABUSED IS IMMUNE FROM CIVIL OR CRIMINAL

18    LIABILITY FOR MAKING THE REPORT.





















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