Bill Text: CA AB633 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Emergency medical services: civil liability.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Passed) 2013-10-05 - Chaptered by Secretary of State - Chapter 591, Statutes of 2013. [AB633 Detail]

Download: California-2013-AB633-Chaptered.html

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BILL NUMBER: AB 633	CHAPTERED
	BILL TEXT

	CHAPTER  591
	FILED WITH SECRETARY OF STATE  OCTOBER 5, 2013
	APPROVED BY GOVERNOR  OCTOBER 5, 2013
	PASSED THE SENATE  SEPTEMBER 3, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 6, 2013
	AMENDED IN SENATE  AUGUST 26, 2013
	AMENDED IN SENATE  JULY 8, 2013
	AMENDED IN SENATE  JUNE 20, 2013
	AMENDED IN SENATE  JUNE 10, 2013
	AMENDED IN ASSEMBLY  MAY 13, 2013
	AMENDED IN ASSEMBLY  APRIL 17, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Salas
   (Principal coauthor: Assembly Member Logue)
   (Coauthors: Assembly Members Bocanegra, Ian Calderon, Hall,
Jones-Sawyer, Nazarian, Quirk-Silva, Wieckowski, and Yamada)
   (Coauthor: Senator Pavley)

                        FEBRUARY 20, 2013

   An act to add Section 1799.103 to the Health and Safety Code,
relating to emergency medical services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 633, Salas. Emergency medical services: civil liability.
   Under existing law, a person who, in good faith and not for
compensation, renders emergency medical or nonmedical care or
assistance at the scene of an emergency is not liable for civil
damages resulting from any act or omission, except as specified.
Existing law further provides that a person who has completed a basic
cardiopulmonary resuscitation course that complies with specified
standards, and who in good faith renders emergency cardiopulmonary
resuscitation at the scene of an emergency is not liable for any
civil damages as a result of any act or omission, except as
specified. Existing law provides that a health care provider,
including any licensed clinic, health dispensary, or health facility,
is not liable for professional negligence or malpractice for any
occurrence or result solely on the basis that the occurrence or
result was caused by the natural course of a disease or condition, or
was the natural or expected result of reasonable treatment rendered
for the disease or condition.
   This bill would prohibit an employer from having a policy of
prohibiting an employee from providing voluntary emergency medical
services, including, but not limited to, cardiopulmonary
resuscitation, in response to a medical emergency, except as
specified. The bill would state that these provisions do not impose
any express or implied duty on an employer to train its employees
regarding emergency medical services or cardiopulmonary
resuscitation.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1799.103 is added to the Health and Safety
Code, to read:
   1799.103.  (a) An employer shall not adopt or enforce a policy
prohibiting an employee from voluntarily providing emergency medical
services, including, but not limited to, cardiopulmonary
resuscitation, in response to a medical emergency, except as provided
in subdivisions (b) and (c).
   (b) Notwithstanding subdivision (a), an employer may adopt and
enforce a policy authorizing employees trained in emergency services
to provide those services. However, in the event of an emergency, any
available employee may voluntarily provide emergency medical
services if a trained and authorized employee is not immediately
available or is otherwise unable or unwilling to provide emergency
medical services.
   (c) Notwithstanding subdivision (a), an employer may adopt and
enforce a policy prohibiting an employee from performing emergency
medical services, including, but not limited to, cardiopulmonary
resuscitation, on a person who has expressed the desire to forgo
resuscitation or other medical interventions through any legally
recognized means, including, but not limited to, a do-not-resuscitate
order, a Physician Orders for Life Sustaining Treatment form, an
advance health care directive, or a legally recognized health care
decisionmaker.
   (d) This section does not impose any express or implied duty on an
employer to train its employees regarding emergency medical services
or cardiopulmonary resuscitation.