PRINTER'S NO. 370
No. 357 Session of 1989
INTRODUCED BY HELFRICK, CORMAN, SALVATORE, STAPLETON, WILT AND
SHUMAKER, FEBRUARY 1, 1989
REFERRED TO PUBLIC HEALTH AND WELFARE, FEBRUARY 1, 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.--Notwithstanding any inconsistent
20 provision of law, rule or regulation to the contrary, and
21 subject to the approval of the secretary, every health care
22 facility may, at the discretion of the health care provider,
1 board domesticated pets in the facility where the boarding
2 would, in the determination of the secretary and the health care
3 provider, tend to promote the general well-being of the
4 residents of the facility. The secretary shall adopt rules and
5 regulations necessary to implement the provisions of this act.
6 (b) Limitation of liability.--If a health care facility
7 boards domesticated pets in the facility or if a health care
8 facility or health care provider invites a nonprofit
9 organization to bring domesticated pets onto the premises of the
10 facility for the well-being of the residents of the facility,
11 the health care facility or health care provider, or a director,
12 officer or employee of the health care facility or health care
13 provider, or the nonprofit organization or a director, officer
14 or employee of the nonprofit organization shall not be liable to
15 any person for civil damages as a result of any acts or
16 omissions arising from the boarding of domesticated pets in the
17 facility or the bringing of domesticated pets onto the premises
18 of the facility unless the conduct of the person falls below the
19 standards generally practiced and accepted in like circumstances
20 by similar persons performing the same or similar acts, and
21 unless it is shown that the person did an act or omitted the
22 doing of an act which the person was under a recognized duty to
23 another to do, knowing or having reason to know that the act or
24 omission created a substantial risk of actual harm to the person
25 or property of another. It shall be insufficient to impose
26 liability to establish only that the conduct of the person fell
27 below ordinary standards of care.
28 Section 2. This act shall take effect in 60 days.
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