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  legislation > state law: vet immunity

 

Veterinarian Immunity

STATUS: The Minnesota House and Senate passed the veterinarian immunity bill during the 2020 legislative session, providing protections to veterinarians for reporting suspected animal cruelty. The MN Governor signed the bill into law.

The language is found in Minnesota Statutes section 343.215. Effective date was August 1, 2020. 

BACKGROUND

Animal Folks originally introduced this issue during the 2017-2018 legislative session. Working closely with a team of veterinarians and legislators, a veterinarian immunity bill was crafted and introduced that provided full immunity.

In the 2017-2018 session, the bill (then H.F. 787) passed the Civil Law and Data Practices Policy committee by unanimous vote on February 14, 2017. In the Senate, the senate bill (then S.F. 1167) passed the Judiciary and Public Safety Finance and Policy commmittee by unanimous vote on March 6, 2017. Each bill was then referred to the agriculture policy committees; no further hearings were given in 2018.

During the 2019-2020 legislative session, the bill was led by the Minnesota Veterinary Medical Association (MVMA): SF 1517 and HF 1530. The MVMA was able to obtain hearings in the agriculture policy committees, where it passed. It was referred to the judiciary committees where (during the COVID-19 pandemic) it was amended and adopted by committee report. Thanks to the MVMA for their efforts.

During these years, Animal Folks worked together with veterinarians in Minnesota to make sure all species were included in the immunity, as veterinarians are mandated to report suspected animal cruelty for any type of animal.

Thanks to the MN Police Chief Association who also wrote a letter in support, recognizing the importance of cruelty reporting by veterinarians.

The bill passed both the MN House and Senate and was signed into law by the MN Governor in May 2020.

LANGUAGE

This law gives civil and criminal immunity to veterinarians who, in good faith, report animal cruelty. The bill language changed slightly to read:

"A licensed veterinarian acting in good faith and in the normal course of business is immune from civil and criminal liability in any action arising in connection with the report of a suspected incident of animal cruelty."

Mandated reporting for Minnesota-licensed veterinarians is 24/7; both Minnesota law and rule (see below) requires reporting.

MANDATED REPORTING

Mandate: The State of Minnesota requires veterinarians to report animal cruelty:

• Minn. Rules 9100.0700 subp. 1: "The following acts by a licensed veterinarian are unprofessional conduct and constitute grounds for disciplinary action against the licensee ... (s) failing to report to law enforcement or humane officers inhumane treatment to animals ..." (This rule applies to the Veterinary Practice Act, Chapter 156.)

• Minn. Stat. sec. 346.37 subd. 6: "A veterinarian must report known or suspected cases of abuse, cruelty, or neglect to peace officers and humane agents..." (Refers to pet and companion animals; see scope of law.)

Unlike most other states with reporting requirements, Minnesota did not have an immunity provision for veterinarians when reporting to law enforcement or humane officers. The vet immunity law, passed in 2020, now provides this provision. 

Common in other contexts: Immunity provisions exist in several Minnesota statutes to protect other types of mandated reports. Language for each profession varies, such as:

• Minn. Stat. sec. 626.557 (maltreatment of vulnerable adults)

• Minn. Stat. sec. 626.556 (maltreatment of minors)

• Minn. Stat. sec. 626.52 (suspicious wounds)

• Minn. Stat. sec. 626.5561 (prenatal exposure to controlled substances)

Public safety issue: There is a proven link between abuse of animals and abuse of children, spouses, and elders. Investigations of animal abuse may uncover or prevent violence against vulnerable people.

"If somebody is harming an animal, there is a good chance they also are hurting a human. If we see patterns of animal abuse, the odds are that something else is going on."

- John Thompson, deputy executive director, National Sheriffs Association

  

 

 

 

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