BILL ANALYSIS Ó
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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.
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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,
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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
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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
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