Amended in Assembly April 17, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 633

Introduced by Assembly Member Salas

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, as amended, 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 begin delete precluding end delete begin insert prohibiting end insert an employee from providing begin insert voluntary end insert emergency medical services, including, but not limited to, cardiopulmonary resuscitation, in response to a medical emergency begin insert , except as specified end insert . The bill would provide that an begin delete employer end delete begin insert employee end insert is not liable for any civil damages resulting from an act or omission begin delete of its employee who, end delete begin insert when he or she, end insert in good faith and not for compensation, renders emergency care at the scene of an emergency begin insert , except as specified end insert .

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.  

Section 1799.103 is added to the Health and
Safety Code, to read:

1799.103.  

(a)  begin insert (1) end insert begin insert   end insert An employer shall not adopt or enforce a
policy begin delete precluding end delete begin insert prohibiting end insert an employee from begin insert voluntarily end insert
providing emergency medical services, including, but not limited
to, cardiopulmonary resuscitation, in response to a medical
emergency.

begin delete

(b) An employer shall not be liable for any civil damages
resulting from an act or omission of its employee who, in good
faith and not for compensation, renders emergency care at the
scene of an emergency.

end delete begin insert

(2) Section 1799.102 applies to an employee providing
resuscitation pursuant to paragraph (1).

end insert begin insert

(b) This section shall not apply to any of the following facilities
if there is a “do not resuscitate” or a Physician Orders for Life
Sustaining Treatment form as defined in Section 4780 of the
Probate Code, or an advance health care directive that prohibits
resuscitation pursuant to Chapter 1 (commencing with Section
4670) of Part 2 of Division 4.7 of the Probate Code, in effect for
the person upon whom the resuscitation would otherwise be
performed:

end insert begin insert

(1) A long-term health care facility, as defined in Section 1418.

end insert begin insert

(2) A community care facility, as defined in Section 1502.

end insert begin insert

(3) A residential care facility for the elderly, as defined in
Section 1569.2.

end insert begin insert

(4) An adult day health care center, as defined in Section 1570.7.

end insert