BILL NUMBER: AB 633	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 10, 2013
	AMENDED IN ASSEMBLY  MAY 13, 2013
	AMENDED IN ASSEMBLY  APRIL 17, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Salas
    (   Principal coauthor:   Assembly Member
  Logue  ) 

                        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 
or practice  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,  voluntarily
 renders emergency care at the scene of an emergency, 
except  as specified.  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   emergency medical
resuscitation. 
   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) An employer shall not adopt or enforce a policy
prohibiting an employee from voluntarily providing emergency medical
services, including, but not limited to, cardiopulmonary
resuscitation, in response to a medical emergency, except as provided
in paragraphs (1) and (2).
   (1) Notwithstanding this subdivision, an employer may adopt and
enforce a policy authorizing employees trained in emergency services
to provide those services, and prohibiting other employees from
providing those services if a trained employee is available during
business hours.
   (2) Notwithstanding this subdivision, an employer may adopt and
enforce a policy prohibiting an employee from performing emergency
medical services, including, but not limited to, cardiopulmonary
resuscitation, on a person who has expressed the desire to forego
resuscitation or other medical interventions through any legally
recognized means, including, but not limited to, a do-not-resuscitate
order, a Physical Orders for Life Sustaining Treatment form, an
advance health care directive, or a legally recognized healthcare
decisionmaker.
   (b) Section 1799.102 applies to an employee who voluntarily
provides emergency medical services, including, but not limited to,
cardiopulmonary resuscitation pursuant to subdivision (a) despite
providing those services during the performance of activities for
which he or she is compensated.
   (c) An employer is not liable for any civil damages or criminal or
administrative discipline or penalties resulting from an act or
omission of an employee who voluntarily provides emergency medical
services, including, but not limited to, cardiopulmonary
resuscitation.
   (d) An employer is not liable for any civil damages or criminal or
administrative discipline or penalties resulting from an employee's
violation of an employer's policy adopted pursuant to paragraph (1)
of subdivision (a).  
  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
or practice of prohibiting an employee from voluntarily providing
emergency medical services, including, but not limited to,
cardiopulmonary resuscitation, in response to a medical 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.

   (5) A health facility, as defined in Section 1250, that is
licensed by the State Department of Public Health.