BILL NUMBER: SB 1365	AMENDED
	BILL TEXT

	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, as amended, 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.
   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 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.