§ 91B.002.Immunity from Liability

The immunity, and its three conditions are all substantive.

A certified veterinary assistant, licensed veterinary technician, or veterinarian who in good faith and as a volunteer provides veterinary care or treatment to an injured animal is immune from civil liability if the care is provided:

(1) in response to an incident that is a man-made or natural disaster that injures, endangers, or threatens to endanger the animal; (2) at the request of the owner of the animal or an authorized representative of a local, state, or federal agency, including a fire, police, emergency management, or disaster response agency; and (3) within the scope of practice authorized and level of supervision required under the Veterinary Licensing Act.

The request requirement mirrors the general disaster assistance provision, and it has the same effect: self-directed intervention is outside the chapter.

But the owner may make the request, which the general provision does not allow — there the request must come from an agency or a charitable organization. Here an owner who hands over an injured animal has invoked the immunity.

The third condition ties the immunity to the licensing scheme. An assistant working beyond their authorised scope, or without the required supervision, is not protected.

Subsection (b) excludes paid care given for or in expectation of compensation from the owner in excess of reimbursement for expenses incurred — the same formula the disaster assistance chapter uses.