BILL NUMBER: AB 633	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 17, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

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 
precluding   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
provide that an  employer   employee  is
not liable for any civil damages resulting from an act or omission
 of its employee who,   when he or she,  in
good faith and not for compensation, renders emergency care at the
scene of an emergency  , except as specified  .
   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)  (1)    An employer shall not
adopt or enforce a policy  precluding  
prohibiting  an employee from  voluntarily  providing
emergency medical services, including, but not limited to,
cardiopulmonary resuscitation, in response to a medical emergency.

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

   (1) A long-term health care facility, as defined in Section 1418.
 
   (2) A community care facility, as defined in Section 1502. 

   (3) A residential care facility for the elderly, as defined in
Section 1569.2.  
   (4) An adult day health care center, as defined in Section 1570.7.