HOUSE AMENDED PRIOR PRINTER'S NO. 370 PRINTER'S NO. 1240
No. 357 Session of 1989
INTRODUCED BY HELFRICK, CORMAN, SALVATORE, STAPLETON, WILT AND SHUMAKER, FEBRUARY 1, 1989
AS REPORTED FROM COMMITTEE ON YOUTH AND AGING, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 13, 1989
AN ACT 1 Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An 2 act relating to health care; prescribing the powers and 3 duties of the Department of Health; establishing and 4 providing the powers and duties of the State Health 5 Coordinating Council, health systems agencies and Health Care 6 Policy Board in the Department of Health, and State Health 7 Facility Hearing Board in the Department of Justice; 8 providing for certification of need of health care providers 9 and prescribing penalties," permitting health care facilities 10 to board an animal in certain cases; and limiting liability 11 when animals are boarded or brought on the premises of health 12 care facilities. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. The act of July 19, 1979 (P.L.130, No.48), known 16 as the Health Care Facilities Act, is amended by adding a 17 section to read: 18 Section 821. Pet therapy programs. 19 (a) Boarding of pets USE OF PET THERAPY.--Notwithstanding <-- 20 any inconsistent provision of law, rule or regulation to the 21 contrary, and subject to the approval of the secretary, every
1 health care facility may, at the discretion of the health care 2 provider, board domesticated pets in the facility where the <-- 3 boarding INVITE A NONPROFIT ORGANIZATION OR AN INDIVIDUAL TO <-- 4 BRING DOMESTICATED PETS ONTO THE PREMISES OF THE FACILITY OR MAY 5 BOARD DOMESTICATED PETS ON THE PREMISES OF THE FACILITY IF THE 6 PET THERAPY would, in the determination of the secretary and the 7 health care provider, tend to promote the general well-being of 8 the residents of the facility. The secretary shall adopt rules 9 and regulations necessary to implement the provisions of this 10 act. 11 (b) Limitation of liability.--If a health care facility 12 boards domesticated pets in the facility or if a health care 13 facility or health care provider invites a nonprofit 14 organization to bring domesticated pets onto the premises of the 15 facility for the well-being of the residents of the facility, 16 the health care facility or health care provider, or a director, 17 officer or employee of the health care facility or health care 18 provider, or the nonprofit organization or a director, officer 19 or employee of the nonprofit organization shall not be liable to 20 any person for civil damages as a result of any acts or 21 omissions arising from the boarding of domesticated pets in the 22 facility or the bringing of domesticated pets onto the premises 23 of the facility unless the conduct of the person falls below the 24 standards generally practiced and accepted in like circumstances 25 by similar persons performing the same or similar acts, and 26 unless it is shown that the person did an act or omitted the 27 doing of an act which the person was under a recognized duty to 28 another to do, knowing or having reason to know that the act or 29 omission created a substantial risk of actual harm to the person 30 or property of another. It shall be insufficient to impose 19890S0357B1240 - 2 -
1 liability to establish only that the conduct of the person fell 2 below ordinary standards of care. 3 Section 2. This act shall take effect in 60 days. L19L35CHF/19890S0357B1240 - 3 -