HOUSE OF REPRESENTATIVES

151st GENERAL ASSEMBLY

HOUSE BILL NO. 387

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE MEDICAL CARE OF POLICE DOGS INJURED IN THE LINE OF DUTY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 9802, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and renumbering accordingly:

§ 9802. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(18) “Paramedic staff hour” shall mean 1 full hour of a paramedic on duty.

(19) “Police Dog” means a dog that has been trained by a Supervising K-9 trainer or K-9 trainer and is handled by a police officer handler in the performance of their duties used for law enforcement purposes or any law enforcement related activities.

Section 2. Amend Chapter 98, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 9816. Emergency Care of Police Dogs

(a) Paramedics or other Emergency Medical Services Personnel are authorized to provide Emergency Medical Services to an injured Police Dog at the Scene of an Emergency that has resulted in the Police Dog’s injury.

(b) Paramedics and other Emergency Medical Services Personnel are authorized to transport the Police Dog to a designated veterinary facility and to provide services to the Police Dog during transport to said facility, if the Paramedic or Emergency Medical Services Personnel deem it necessary for the Police Dog’s survival.

(c) No Paramedic or Emergency Medical Services Personnel who in good faith attempts to render or facilitate emergency medical care to an injured Police Dog shall be liable for any civil damages which occur as a result of any act or omission of the Paramedic or Emergency Medical Services Personnel in the rendering of such care; unless such Paramedic or Emergency Care Personnel is guilty of willful and wanton, reckless or grossly negligent conduct.

(d) Paramedics and Emergency Medical Service Personnel are prohibited from providing emergency medical services to a Police Dog if their services are needed concurrently to provide services to an Individual Person, and the care of the Police Dog would hinder the care of said Individual.

SYNOPSIS

This Act is made to authorize Paramedics and other Emergency Medical Services Personnel to provide medical care to Police Dogs injured at the scene of an emergency. This Act also grants civil and criminal immunity to such Emergency Employees who provide medical services to Police Dogs, so long as their efforts to assist the Police Dog were in good faith. However, it does clarify that in a situation where a person and a Police Dog need Emergency Medical Care at the same time the Medical Services Personnel are prohibited from providing care to the Police Dogs over the Individual Person, if the care of the Police Dog would hinder the Person’s Care.