BILL NUMBER: AB 633	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 8, 2013
	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)   subdivisions (b)
and (c)  . 
   (1) 
    (b)  Notwithstanding  this  subdivision
 (a)  , an employer may adopt and enforce a policy
authorizing employees trained in emergency services to provide those
 services, and prohibiting employees not specifically trained
in emergency medical services from providing those services if a
trained employee is immediately available at the time of the medical
emergency.   services.  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) 
    (c)  Notwithstanding  this  subdivision
 (a)  , 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 forgo resuscitation or other
medical interventions through any legally recognized means,
including, but not limited to, a do-not-resuscitate order, a
Physician Orders for Life Sustaining Treatment form, an advance
health care directive, or a legally recognized 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).