HP1196, LD 1716, item 1, An Act To Protect Persons Who Provide Assistance to Law Enforcement Dogs, Search and Rescue Dogs and Service Dogs

An Act To Protect Persons Who Provide Assistance to Law Enforcement Dogs, Search and Rescue Dogs and Service Dogs

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 14 MRSA §164-B is enacted to read:

§ 164-B. Immunity from civil liability for assistance given to law enforcement dogs, search and rescue dogs and service dogs

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Emergency medical services person" means a person who is licensed to provide emergency medical treatment. "Emergency medical services person" includes emergency medical technicians and paramedics.

B. "Law enforcement dog" means a dog trained for law enforcement use that is actively certified pursuant to federal, national, regional or state standards and that is owned or maintained by a law enforcement agency or other governmentally funded agency for law enforcement or security services.

C. "Law enforcement dog handler" means a law enforcement officer or security professional who is trained to partner with a law enforcement dog in the performance of the law enforcement officer's or security professional's duties, who is actively certified pursuant to federal, national, regional or state standards and who is qualified to train, care for and work with a law enforcement dog.

D. "Search and rescue dog" means a dog that is certified as a search and rescue dog by the Department of Inland Fisheries and Wildlife, Bureau of Warden Service or that is in training to become a search and rescue dog with an organization recognized by the Bureau of Warden Service to provide such training.

E. "Service dog" has the same meaning as "service animal" in Title 5, section 4553, subsection 9-E.

2. Immunity. Notwithstanding any provision of any public or private and special law to the contrary, an emergency medical services person or a law enforcement dog handler who voluntarily, without the expectation of monetary or other compensation, renders first aid, emergency treatment or rescue assistance to a law enforcement dog, search and rescue dog or service dog that is unconscious, ill, injured or in need of rescue assistance is not liable for damages for an injury alleged to have been sustained by the dog nor for damages for the death of the dog alleged to have occurred by reason of an act or omission in the rendering of the first aid, emergency treatment or rescue assistance unless it is established that the injury or the death was caused willfully, wantonly or recklessly or by gross negligence on the part of the emergency medical services person or law enforcement dog handler.

3. Application. This section applies to a member or employee of a nonprofit volunteer or governmental ambulance, rescue or emergency unit, whether or not a user or service fee may be charged by the nonprofit unit or the governmental entity and whether or not the member or employee receives a salary or other compensation from the nonprofit unit or the governmental entity.

This section applies to a law enforcement dog handler who voluntarily renders first aid, emergency treatment or rescue assistance to a law enforcement dog, search and rescue dog or service dog, to the extent the handler has received training in the medical stabilization of dogs and is authorized by the handler's employer to provide such care.

This section does not apply if the first aid, emergency treatment or rescue assistance is rendered on the premises of a veterinary hospital or clinic.

summary

This bill extends Good Samaritan liability protection to cover emergency medical services persons and law enforcement dog handlers who treat law enforcement dogs, search and rescue dogs and service dogs in emergency situations.

HP1196 LD 1716	Session - 128th Maine Legislature		LR 2526 Item 1
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