Bill Text: CA SB1365 | 2011-2012 | Regular Session | Chaptered

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Bill Title: Emergency medical services: immunity.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-07-09 - Chaptered by Secretary of State. Chapter 69, Statutes of 2012. [SB1365 Detail]

Download: California-2011-SB1365-Chaptered.html

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BILL NUMBER: SB 1365	CHAPTERED
	BILL TEXT

	CHAPTER  69
	FILED WITH SECRETARY OF STATE  JULY 10, 2012
	APPROVED BY GOVERNOR  JULY 10, 2012
	PASSED THE SENATE  MAY 14, 2012
	PASSED THE ASSEMBLY  JUNE 25, 2012
	AMENDED IN SENATE  APRIL 30, 2012

INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 24, 2012

   An act to amend Section 1799.106 of the Health and Safety Code,
relating to emergency medical services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1365, Negrete McLeod. Emergency medical services: immunity.
   Existing law limits the civil liability of a licensed nurse who in
good faith renders emergency care at the scene of an emergency which
occurs outside both the place and the course of that person's
employment, as specified.
   Existing law also limits the civil liability of firefighters,
police officers or other law enforcement officers, and emergency
medical technicians who render emergency medical services at the
scene of an emergency, as specified.
   This bill would extend the above-described liability limit
applicable to firefighters, police officers or other law enforcement
officers, and emergency medical technicians to emergency medical
services rendered during an emergency air or ground ambulance
transport, and emergency medical services rendered by a registered
nurse, as defined, at the scene of an emergency or during an
emergency air or ground ambulance transport.



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

  SECTION 1.  The Legislature finds and declares both of the
following:
   (a) Since the original enactment of Section 1799.106 of the Health
and Safety Code, registered nurses have become more directly
involved in the provision of emergency medical services, as crew
members in both air and ground ambulances.
   (b) Registered nurses should be encouraged to provide emergency
medical services in air and ground ambulances in the same way as
firefighters, law enforcement, and EMT-Is and EMT-Ps.
  SEC. 2.  Section 1799.106 of the Health and Safety Code is amended
to read:
   1799.106.  (a) In addition to the provisions of Section 1799.104
of this code, Section 2727.5 of the Business and Professions Code,
and Section 1714.2 of the Civil Code, and in order to encourage the
provision of emergency medical services by firefighters, police
officers or other law enforcement officers, EMT-I, EMT-II, EMT-P, or
registered nurses, a firefighter, police officer or other law
enforcement officer, EMT-I, EMT-II, EMT-P, or registered nurse who
renders emergency medical services at the scene of an emergency or
during an emergency air or ground ambulance transport shall only be
liable in civil damages for acts or omissions performed in a grossly
negligent manner or acts or omissions not performed in good faith. A
public agency employing such a firefighter, police officer or other
law enforcement officer, EMT-I, EMT-II, EMT-P, or registered nurse
shall not be liable for civil damages if the firefighter, police
officer or other law enforcement officer, EMT-I, EMT-II, EMT-P, or
registered nurse is not liable.
   (b) For purposes of this section, "registered nurse" means a
registered nurse trained in emergency medical services and licensed
pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of
the Business and Professions Code.