Amended in Senate April 29, 2013

Senate Bill No. 724

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 amended, 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 begin delete provide immunity to a church, end delete begin insert limit the liability of a end insert 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 begin delete and the distribution end delete begin insert and, if applicable, the provision end insert of donated or recycled eyeglasses, if specified conditions are met. begin insert The bill would make the limitation of liability inapplicable if an action is brought by an officer of a state or local government pursuant to state or local law or if the conduct of the nonprofit charitable organization, optometrist, ophthalmologist, or volunteer includes specified types of misconduct. end insert

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 begin insert damage or end insert injury resulting from gross
negligence or a willful act, there is no liability for any damage or
injury on the part of a begin delete church, a end delete nonprofit charitable organization
that provides vision screenings begin delete and distributes end delete begin insert and, if applicable,
provides end insert donated or recycled eyeglasses, or a participating licensed
optometrist, ophthalmologist, or begin insert trained end insert volunteer who works with
such a nonprofit charitable organization begin insert in the performance of
vision screenings end insert , if all of the following conditions are met:

(1) The vision screening is provided to address ocular health
concerns and begin insert , if applicable, end insert 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 begin delete a end delete begin insert an attending end insert
licensed optometrist or ophthalmologist.

(5) The eyeglass prescription determinations and ocular health
recommendations are provided by begin delete a end delete begin insert an attending end insert 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 begin insert allowed by the attending
licensed optometrist or ophthalmologist end insert , to the prescription
determined during the vision screening.

(8) The vision screening begin delete services end delete and eyeglasses are provided
without a charge.

begin insert

(9) The optometrist, ophthalmologist, or volunteer is authorized
by the nonprofit organization to provide the vision screening and
eyeglasses on behalf of the nonprofit organization and is acting
within the scope of his or her authorized responsibilities and the
guidelines of the nonprofit charitable organization when providing
the vision screening or eyeglasses.

end insert begin insert

(10) The nonprofit charitable organization provides procedural,
risk management, and quality control training, as applicable, to
the participating optometrist, ophthalmologist, or volunteer who
provides the vision screening or eyeglasses.

end insert begin insert

(b) The limitation of liability provided in subdivision (a) is not
applicable if an action is brought by an officer of a state or local
government pursuant to state or local law.

end insert begin insert

(c) The limitation of liability provided in subdivision (a) is not
applicable if the conduct of the nonprofit charitable organization,
optometrist, ophthamologist, or volunteer includes any of the
following types of misconduct:

end insert begin insert

(1) A crime of violence.

end insert begin insert

(2) A hate crime.

end insert begin insert

(3) An act involving a sexual offense.

end insert begin insert

(4) An act involving misconduct in violation of federal or state
civil rights laws.

end insert begin insert

(5) An act performed while the defendant was under the
influence of drugs or alcohol.

end insert begin delete

(b)

end delete

begin insert (d) end insert  For the purposes of this section begin delete , “nonprofit end delete begin insert : end insert

begin insert (1) end insert begin insert   end insert begin insert “Nonprofit end insert charitable organization” means an organization
exempt from federal income tax as an organization described in
Section 501(c)(3) of the Internal Revenue Code.

begin insert

(2) “Vision screening” means a test or examination of an
individual using a portion of the usual examination procedures in
a comprehensive eye examination and refraction, that are selected
or directed by an attending licensed optometrist or
ophthalmologist, and are within the guidelines of the nonprofit
charitable organization.

end insert