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 delete or practiceend delete of 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,begin insert voluntarilyend insert renders emergency care at the scene of an emergency,begin delete exceptend delete as specified.begin insert
The bill would provide that an employer is not liable for any civil damages or criminal and administrative discipline or penalties resulting from an act or omission of an employee who voluntarily provides emergency medical services, or resulting from an employee’s violation of certain employer policies regarding end insertbegin insertemergency medical resuscitation. 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:
begin insertSection 1799.103 is added to the end insertbegin insertHealth and
2Safety Codeend insertbegin insert, to read:end insert
(a) An employer shall not adopt or enforce a policy
4prohibiting an employee from voluntarily providing emergency
5medical services, including, but not limited to, cardiopulmonary
6resuscitation, in response to a medical emergency, except as
7provided in paragraphs (1) and (2).
8(1) Notwithstanding this subdivision, an employer may adopt
9and enforce a policy authorizing employees trained in emergency
10services to provide those services, and prohibiting other employees
11from providing those services if a trained employee is available
12during business hours.
13(2) Notwithstanding this subdivision, an employer may adopt
14and enforce a policy prohibiting an employee from performing
15
emergency medical services, including, but not limited to,
16cardiopulmonary resuscitation, on a person who has expressed
17the desire to forego resuscitation or other medical interventions
18through any legally recognized means, including, but not limited
19to, a do-not-resuscitate order, a Physical Orders for Life Sustaining
P3 1Treatment form, an advance health care directive, or a legally
2recognized healthcare decisionmaker.
3(b) Section 1799.102 applies to an employee who voluntarily
4provides emergency medical services, including, but not limited
5to, cardiopulmonary resuscitation pursuant to subdivision (a)
6despite providing those services during the performance of
7activities for which he or she is compensated.
8(c) An employer is not liable for any civil damages or criminal
9or administrative discipline or penalties resulting from an act or
10omission of an employee who voluntarily provides
emergency
11medical services, including, but not limited to, cardiopulmonary
12resuscitation.
13(d) An employer is not liable for any civil damages or criminal
14or administrative discipline or penalties resulting from an
15employee’s violation of an employer’s policy adopted pursuant to
16paragraph (1) of subdivision (a).
Section 1799.103 is added to the Health and
18Safety Code, to read:
(a) (1) An employer shall not adopt or enforce a
20policy or practice of prohibiting an employee from voluntarily
21providing emergency medical services, including, but not limited
22to, cardiopulmonary resuscitation, in response to a medical
23emergency.
24(2) Section 1799.102 applies to an employee providing
25resuscitation pursuant to paragraph (1).
26(b) This section shall not apply to any of the following facilities
27if there is a “do not resuscitate” or a Physician Orders for Life
28Sustaining
Treatment form as defined in Section 4780 of the
29Probate Code, or an advance health care directive that prohibits
30resuscitation pursuant to Chapter 1 (commencing with Section
314670) of Part 2 of Division 4.7 of the Probate Code, in effect for
32the person upon whom the resuscitation would otherwise be
33performed:
34(1) A long-term health care facility, as defined in Section 1418.
35(2) A community care facility, as defined in Section 1502.
36(3) A residential care facility for the elderly, as defined in
37Section 1569.2.
38(4) An adult day health care center, as defined in Section 1570.7.
39(5) A health facility, as defined in Section 1250, that is licensed
40by the State Department of Public Health.
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