BILL NUMBER: AB 633	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 20, 2013
	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 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 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  not specifically trained in emergency medical services
 from providing those services if a trained employee is 
immediately  available  during business hours 
 at the time of the medical emergency. However, in the event of
an emergency, any available employee may voluntarily provide
emergency medical services if a trained and authorized employee is
not immediately available or is otherwise unable or unwilling to
provide emergency medical services  .
   (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   forgo  resuscitation or other medical
interventions through any legally recognized means, including, but
not limited to, a do-not-resuscitate order, a  Physical
  Physician  Orders for Life Sustaining Treatment
form, an advance health care directive, or a legally recognized
 healthcare   health care  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).