BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 633| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 633 Author: Salas (D) Amended: 8/26/13 in Senate Vote: 21 SENATE HEALTH COMMITTEE : 8-0, 6/19/13 AYES: Hernandez, Anderson, Beall, De León, DeSaulnier, Nielsen, Pavley, Wolk NO VOTE RECORDED: Monning SENATE JUDICIARY COMMITTEE : 5-0, 7/2/13 AYES: Walters, Anderson, Corbett, Leno, Monning NO VOTE RECORDED: Evans, Jackson ASSEMBLY FLOOR : 67-1, 05/16/13 - See last page for vote SUBJECT : Emergency medical services: civil liability SOURCE : Author DIGEST : This bill prohibits an employer from adopting or enforcing a policy prohibiting an employee from voluntarily providing emergency medical services (EMS), including cardiopulmonary resuscitation (CPR), except when a person has a do-not-resuscitate order, as specified. Senate Floor Amendments of 8/26/13 clarify that this bill does not impose any additional duty on employers to train employees in EMS. CONTINUED AB 633 Page 2 ANALYSIS : Existing law: 1. Provides that a person has no duty to come to the aid of another, but if he/she decides to assist another then he/she must act with reasonable care. 2. Provides that no person who in good faith, and not for compensation, renders emergency care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission. Also provides that the scene of an emergency shall not include emergency departments and other places where medical care is usually offered. 3. Defines "willful or wanton misconduct" as "conduct by a person who may have no intent to cause harm, but who intentionally performs an act so unreasonable and dangerous that he/she knows or should know it is highly probable that harm will result." 4. Defines "gross negligence" as an "exercise of so slight a degree of care as to justify the belief there was indifference to the interest and welfare of others. This bill: 1. Prohibits an employer from adopting or enforcing a policy prohibiting an employee from voluntarily providing EMS, including, but not limited to, CPR, in response to a medical emergency, as specified. 2. Permits an employer to adopt and enforce a policy authorizing employees trained in EMS to provide those services. However, in the event of an emergency, authorizes any available employee to voluntarily provide EMS if a trained and authorized employee is not immediately available or is otherwise unable or unwilling. 3. Authorizes an employer to adopt and enforce a policy prohibiting an employee from performing EMS, including, but not limited to, CPR, 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, CONTINUED AB 633 Page 3 a do-not-resuscitate order, a Physician Orders for Life Sustaining Treatment form, an advance health care directive, or a legally recognized health care decision-maker. 4. Clarifies that this bill does not impose any express or implied duty on employer to train its employees regarding EMS or CPR. Background According to the Senate Judiciary Committee analysis, this bill seeks to respond to an incident in Bakersfield earlier this year, in which an 87-year-old woman died following cardiac arrest. A seven-minute 911 call revealed that a staff member of the independent living center where the woman was a resident declined requests from the 911 operator to perform CPR or to find someone else to perform CPR. Initially, the owner of the independent living center said that the staff member was following company policy by waiting for first responders rather than administering medical care herself. However, the company later released a statement asserting that "the incident resulted from a complete misunderstanding of our practice with regard to emergency medical care for our residents." Accordingly, this bill seeks to ensure that employers will not adopt or enforce a policy that prohibits employees from voluntarily providing EMS in response to a medical emergency. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 8/28/13) American College of Emergency Physicians California Advocates for Nursing Home Reform California Ambulance Association California Chamber of Commerce California Fire Chiefs Association California Professional Firefighters California Rescue Paramedic Association Civil Justice Association of California Clinica Sierra Vista Hall Ambulance Service Incorporated Leading Age CONTINUED AB 633 Page 4 ARGUMENTS IN SUPPORT : According to the author: This measure seeks to ensure that employers not adopt or enforce any policies that prohibit an employee from voluntarily providing emergency medical services in response to medical emergency. Currently, it is unclear whether such policies exist; however, employees might not provide emergency services out of fear that such policies might exist, which can lead to discipline or termination. AB 633 protects employees who choose to save a life without fear of losing their job. This legislation closes a loophole and provides clarity in the law to protect individuals who choose to help someone in emergency situations. ASSEMBLY FLOOR : 67-1, 5/16/13 AYES: Achadjian, Alejo, Ammiano, Atkins, Bigelow, Bloom, Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown, Ian Calderon, Campos, Chau, Chávez, Chesbro, Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Garcia, Gatto, Gomez, Gordon, Gorell, Gray, Hagman, Hall, Harkey, Roger Hernández, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina, Mitchell, Mullin, Muratsuchi, Nazarian, Nestande, Pan, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Ting, Torres, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A. Pérez NOES: Donnelly NO VOTE RECORDED: Allen, Buchanan, Conway, Beth Gaines, Grove, Holden, Melendez, Morrell, Olsen, Patterson, Stone, Vacancy JL:d 8/28/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED AB 633 Page 5 CONTINUED