SB 724, as introduced, Emmerson. Liability: charitable vision screenings.
Existing law provides immunity to a food facility that donates edible food for any damage or injury resulting from the consumption of the donated food, and to any nonprofit charitable organization or food bank that receives and distributes edible food for any injury or death due to the food, except as specified.
This bill would provide immunity to a church, nonprofit charitable organization, or participating licensed optometrist, ophthalmologist, or volunteer working with a nonprofit charitable organization for any damage or injury resulting from the provision of vision screening and the distribution of donated or recycled eyeglasses, if specified conditions are met.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1714.26 is added to the Civil Code, to
2read:
(a) Except for injury resulting from gross negligence
4or a willful act, there is no liability for any damage or injury on
5the part of a church, a nonprofit charitable organization that
6provides vision screenings and distributes donated or recycled
P2 1eyeglasses, or a participating licensed optometrist, ophthalmologist,
2or volunteer who works with such a nonprofit charitable
3organization, if all of the following conditions are met:
4(1) The vision screening is provided to address ocular health
5concerns and to provide a temporary solution in the form of
6donated or recycled eyeglasses until the patient can get a full
7examination and eyeglasses.
8(2) The vision screening is not intended to
replace a full ocular
9health examination provided by a licensed optometrist or
10ophthalmologist.
11(3) The patient signs a waiver acknowledging that the services
12provided are a temporary solution until the patient can get a full
13examination by a licensed optometrist or ophthalmologist.
14(4) Each vision screening is supervised by a licensed optometrist
15or ophthalmologist.
16(5) The eyeglass prescription determinations and ocular health
17recommendations are provided by a licensed optometrist or
18ophthalmologist.
19(6) A written prescription is not provided to the patient.
20(7) The eyeglasses provided to the patients are a close or
21approximate match, within tolerances, to the prescription
22determined
during the vision screening.
23(8) The vision screening services and eyeglasses are provided
24without a charge.
25(b) For the purposes of this section, “nonprofit charitable
26organization” means an organization exempt from federal income
27tax as an organization described in Section 501(c)(3) of the Internal
28Revenue Code.
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