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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: SB 1365	INTRODUCED
	BILL TEXT


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, as introduced, 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 air or ground ambulance transport, and
emergency medical services rendered by a registered nurse at the
scene of an emergency or during air or ground ambulance transport.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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  of 
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,  or  EMT-P  , or registered
nurses  , a firefighter, police officer or other law enforcement
officer, EMT-I, EMT-II,  or  EMT-P  , or
registered nurse  who renders emergency medical services at the
scene of an emergency  or during 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,  or  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,
 or  EMT-P  , or registered nurse  is not
liable. 
   (b) For purposes of this section, "registered nurse" means a
registered nurse licensed pursuant to Chapter 6 (commencing with
Section 2700) of Division 2 of the Business and Professions Code.