Texas 2021 - 87th Regular

Texas House Bill HB2850

Caption

Relating to the liability of certain volunteers who provide veterinary care or treatment and certain confidential or privileged information related to veterinary care or treatment.

Impact

The bill is significant in modifying existing laws concerning veterinary practice and liability. By allowing volunteers to provide necessary care without the threat of litigation, it effectively removes a potential barrier to emergency medical assistance for animals. The law applies specifically to situations where care is rendered in good faith during man-made or natural disasters, thus clearly defining the context in which these protections are applicable. It also specifies that such protections do not extend to acts of gross negligence or intentionally harmful conduct, ensuring that there is still accountability for improper actions.

Summary

House Bill 2850 addresses the liability of volunteers providing veterinary care or treatment during emergencies and disaster scenarios. It enacts Chapter 91B in the Civil Practice and Remedies Code, establishing that certified veterinary assistants, licensed veterinary technicians, and veterinarians who voluntarily deliver care during such events will be granted immunity from civil liability for their actions. This liability immunity encourages veterinary professionals to assist animals in distress without the fear of legal repercussions, thereby promoting a more prompt and robust emergency response for animals affected by disasters.

Sentiment

Reactions to HB 2850 have been largely favorable. Veterinarians and animal welfare advocates have supported the bill as it would enhance the ability to respond to animal emergencies in a timely fashion without fear of liability. The sentiment among these groups reflects a recognition of the challenges faced in emergency animal care, especially during major disasters when professional resources may be strained. However, there may be some concern regarding the thresholds for immunity as discussions continue about the balance between protecting against liability and maintaining professional standards.

Contention

Notable points of contention include the definitions of gross negligence and intentional misconduct that could limit the immunity provided by the bill. While the aim is to protect good-faith volunteers, there are discussions surrounding what constitutes acceptable care versus negligent actions in unexpected circumstances. Moreover, the inclusion of provisions regarding the confidentiality of information shared about veterinary care in public forums has the potential for legal complexities, which may be examined further in future legislative discussions.

Companion Bills

No companion bills found.

Previously Filed As

TX HB4069

Relating to the required disclosure of prices by a veterinarian before providing emergency treatment to an ill or injured animal.

TX HB3439

Relating to veterinary services performed on certain animals in the care of a releasing agency.

TX SB1673

Relating to veterinary services performed on certain animals in the care of a releasing agency.

TX HB3397

Relating to the regulation of veterinary chiropractic.

TX HB1348

Relating to the authority of a municipality to regulate veterinarians.

TX HB2026

Relating to the Rural Veterinarian Incentive Program.

TX HB3058

Relating to the provision of certain medical treatment to a pregnant woman by a physician or health care provider.

TX SB1590

Relating to the Rural Veterinarian Incentive Program.

TX HB4869

Relating to the confidentiality of certain home address information in certain documents.

TX SB14

Relating to prohibitions on the provision to certain children of procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria and on the use of public money or public assistance to provide those procedures and treatments.

Similar Bills

SC H3223

Telehealth for Veterinary Services

AZ SB1053

Veterinary medicine; electronic means

CA AB2133

Veterinary medicine: registered veterinary technicians.

CA AB516

Registered veterinary technicians and veterinary assistants: scope of practice.

CA SB602

Veterinarians: veterinarian-client-patient relationship.

CA SB669

Veterinarians: veterinarian-client-patient relationship.

CO HB1048

Providing Veterinary Services Through Telehealth

CO HB1047

Veterinary Technician Scope of Practice