Louisiana 2022 2022 Regular Session

Louisiana House Bill HB842 Introduced / Bill

                    HLS 22RS-1156	ORIGINAL
2022 Regular Session
HOUSE BILL NO. 842
BY REPRESENTATIVE MCMAHEN
ANIMALS/CRUELTY:  Provides relative to liability for veterinary professionals for the
reporting of animal cruelty
1	AN ACT
2To enact R.S. 9:2800.28, relative to liability; to provide relative to veterinary professionals;
3 to provide relative to animal abuse and reporting; to provide for immunity from civil
4 liability or criminal prosecution; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  R.S. 9:2800.28 is hereby enacted to read as follows: 
7 ยง2800.28.  Limitation of liability for veterinary professionals who report animal
8	cruelty
9	A.  Any veterinarian or veterinary technician who reports in good faith and
10 has reasonable cause to believe that an animal has been subjected to animal cruelty,
11 neglect, or any other act prohibited by law, shall be immune from civil liability or
12 criminal prosecution if he reports such violation to the commissioner or designee of
13 the Department of Agriculture and Forestry, an animal control officer, a law
14 enforcement agency, or a prosecuting attorney or if he participates in any
15 investigation or proceeding for acts prohibited by law.
16	B. Additionally, any veterinarian or veterinary technician shall be immune
17 from civil liability or criminal prosecution for the release of confidential information
18 pursuant to this Section to a court, federal or state department, animal control officer,
19 law enforcement agency, or prosecuting attorney involved in the investigation or
20 prosecution for acts prohibited by law.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1156	ORIGINAL
HB NO. 842
1	C.  This Section shall not apply if the veterinarian or veterinary technician
2 acts with gross negligence or in bad faith.
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 842 Original 2022 Regular Session	McMahen
Abstract:  Provides for liability immunity for veterinary professionals who report animal
cruelty, neglect, or other prohibited acts towards animals.
Proposed law provides that veterinarians or veterinary technicians who report suspected
animal cruelty, neglect, or other prohibited acts shall be immune from civil liability or
criminal prosecution if they report in good faith and have reasonable cause.
Proposed law provides for immunity from liability if the veterinarian or veterinary
technician reports such violation to the commissioner or designee of the Dept. of Agriculture
and Forestry, an animal control officer, a law enforcement agency, or a prosecuting attorney.
Proposed law further extends the immunity from liability to a veterinarian or veterinary
technician who participates in any investigation or proceeding for acts prohibited by law as
provided by proposed law.
Proposed law provides that the veterinarian or veterinary technician shall be immune from
civil liability or criminal prosecution for releasing confidential information to a court, federal
or state department, animal control officer, law enforcement agency, or prosecuting attorney.
Proposed law does not apply if the veterinarian or veterinary technician acts with gross
negligence or in bad faith.
(Adds R.S. 9:2800.28)
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.