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 policybegin insert or practice ofend insert 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 employee is not liable for any civil damages resulting from an act or omission 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 1799.103 is added to the Health and
2Safety Code, to read:
(a) (1) An employer shall not adopt or enforce a
4policybegin insert or practice ofend insert prohibiting an employee from voluntarily
5providing emergency medical services, including, but not limited
6to, cardiopulmonary resuscitation, in response to a medical
7emergency.
8(2) Section 1799.102 applies to an employee providing
9resuscitation pursuant to paragraph (1).
10(b) This section shall not apply to any of the following facilities
11if there is a “do not resuscitate” or a Physician Orders for Life
12Sustaining
Treatment form as defined in Section 4780 of the
13Probate Code, or an advance health care directive that prohibits
14resuscitation pursuant to Chapter 1 (commencing with Section
154670) of Part 2 of Division 4.7 of the Probate Code, in effect for
16the person upon whom the resuscitation would otherwise be
17performed:
18(1) A long-term health care facility, as defined in Section 1418.
19(2) A community care facility, as defined in Section 1502.
20(3) A residential care facility for the elderly, as defined in
21Section 1569.2.
22(4) An adult day health care center, as defined in Section 1570.7.
begin insert
23(5) A health facility, as defined in Section 1250, that is licensed
24by the State Department of Public Health.
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