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