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 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, 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 1799.103 is added to the Health and
2Safety Code, to read:
(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 prohibitingbegin delete otherend delete employees
11begin insert not specifically trained in emergency medical services end insertfrom
12
providing those services if a trained employee isbegin insert immediatelyend insert
13 availablebegin delete during business hoursend deletebegin insert at the time of the medical
14emergency. However, in the event of an emergency, any available
15employee may voluntarily provide emergency medical services if
16a trained and authorized employee is not immediately available
P3 1or is otherwise unable or unwilling to provide emergency medical
2servicesend insert.
3(2) Notwithstanding this subdivision, an employer may adopt
4and enforce a policy prohibiting an employee from performing
5
emergency medical services, including, but not limited to,
6cardiopulmonary resuscitation, on a person who has expressed the
7desire tobegin delete foregoend deletebegin insert forgoend insert resuscitation or other medical interventions
8through any legally recognized means, including, but not limited
9to, a do-not-resuscitate order, abegin delete Physicalend deletebegin insert Physicianend insert Orders for Life
10Sustaining Treatment form, an advance health care directive, or a
11legally recognizedbegin delete healthcareend deletebegin insert
health careend insert decisionmaker.
12(b) Section 1799.102 applies to an employee who voluntarily
13provides emergency medical services, including, but not limited
14to, cardiopulmonary resuscitation pursuant to subdivision (a)
15despite providing those services during the performance of
16activities for which he or she is compensated.
17(c) An employer is not liable for any civil damages or criminal
18or administrative discipline or penalties resulting from an act or
19omission of an employee who voluntarily provides emergency
20medical services, including, but not limited to, cardiopulmonary
21resuscitation.
22(d) An employer is not liable for any civil damages or criminal
23or administrative discipline or penalties resulting from an
24employee’s
violation of an employer’s policy adopted pursuant to
25paragraph (1) of subdivision (a).
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