BILL NUMBER: SB 724	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Emmerson

                        FEBRUARY 22, 2013

   An act to add Section 1714.26 to the Civil Code, relating to
liability.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 1714.26 is added to the Civil Code, to read:
   1714.26.  (a) Except for injury resulting from gross negligence or
a willful act, there is no liability for any damage or injury on the
part of a church, a nonprofit charitable organization that provides
vision screenings and distributes donated or recycled eyeglasses, or
a participating licensed optometrist, ophthalmologist, or volunteer
who works with such a nonprofit charitable organization, if all of
the following conditions are met:
   (1) The vision screening is provided to address ocular health
concerns and to provide a temporary solution in the form of donated
or recycled eyeglasses until the patient can get a full examination
and eyeglasses.
   (2) The vision screening is not intended to replace a full ocular
health examination provided by a licensed optometrist or
ophthalmologist.
   (3) The patient signs a waiver acknowledging that the services
provided are a temporary solution until the patient can get a full
examination by a licensed optometrist or ophthalmologist.
   (4) Each vision screening is supervised by a licensed optometrist
or ophthalmologist.
   (5) The eyeglass prescription determinations and ocular health
recommendations are provided by a licensed optometrist or
ophthalmologist.
   (6) A written prescription is not provided to the patient.
   (7) The eyeglasses provided to the patients are a close or
approximate match, within tolerances, to the prescription determined
during the vision screening.
   (8) The vision screening services and eyeglasses are provided
without a charge.
   (b) For the purposes of this section, "nonprofit charitable
organization" means an organization exempt from federal income tax as
an organization described in Section 501(c)(3) of the Internal
Revenue Code.