BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1365|
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THIRD READING
Bill No: SB 1365
Author: Negrete McLeod (D)
Amended: 4/30/12
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 5/8/12
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SUBJECT : Emergency medical services: immunity
SOURCE : California Association of Air Medical Services
DIGEST : This bill extends the civil liability immunity
law to registered nurses trained in emergency services.
This bill provides immunity to all listed professionals
rendering medical services during emergency ground or air
transport.
ANALYSIS : Existing case law 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. ( Artiglio v. Corning Inc. (1998) 18
Cal.4th 604; Williams v. State of California (1983) 34
Cal.3d 18.)
Existing law provides that, in order to encourage citizens
to participate in emergency medical services training
programs and to render emergency medical services to fellow
citizens, no person who has completed a basic
cardiopulmonary resuscitation course which complies with
CONTINUED
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specified standards, and who, in good faith, renders
emergency cardiopulmonary resuscitation at the scene of an
emergency shall be liable for any civil damages as a result
of any acts or omissions by such person rendering the
emergency care, except where his/her conduct constitutes
gross negligence or is provided in exchange for
compensation. (Civ. Code Sec. 1714.2(a)-(b), (e).)
Existing law provides that no physician or nurse, who in
good faith gives emergency instructions to an EMT-II or
mobile intensive care paramedic at the scene of an
emergency, shall be liable for any civil damages as a
result of issuing the instructions.
Existing law also provides that no EMT-II or mobile
intensive care paramedic rendering care within the scope of
his/her duties who, in good faith and in a non-negligent
manner, follows the instructions of a physician or nurse
shall be liable for any civil damages as a result of
following such instructions. (Health & Saf. Code Sec.
1799.104.)
Existing law provides that, in addition to the above
provisions, a firefighter, police officer or other law
enforcement officer, EMT-1, EMT-II, or EMT-P who renders
emergency medical services at the scene of an emergency
shall only be liable in civil damages for acts or omissions
performed in a grossly negligent manner or acts or
omissions not performed in good faith. (Health & Saf. Code
Sec. 1799.106.)
Existing law provides that a licensed registered nurse, as
specified, who in good faith renders emergency care at the
scene of an emergency which occurs outside both the place
and the course of that nurse's employment shall not be
liable for any civil damages as the result of acts or
omissions by that person in rendering the emergency car,
except where he/she is grossly negligent. (Bus. & Prof.
Code Sec. 2727.5.)
This bill extends those limited liability provisions
currently provided to firefighters, police officers or
other law enforcement officers, and specified EMTs, as
specified above, to registered nurses, as defined.
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This bill extends the limited liability currently provided
under Section 1799.106 of the Health and Safety Code for
these emergency service professionals to include the
emergency services rendered during an emergency air or
ground ambulance transport.
This bill defines "registered nurse" to mean a registered
nurse who is both trained in emergency services and
licensed pursuant to the requirements under the Business &
Professions Code.
This bill makes the following legislative findings and
declarations:
That since the original enactment of Section 1799.106 of
the Health and Safety Code, registered nurses have become
more directly involved in the provision of emergency
medical services as crew members in both air and ground
ambulances.
Registered nurses should be encouraged to provide
emergency medical services in air and ground ambulances
in the same way as firefighters, law enforcement, and
EMT-Is and EMT-Ps.
This bill adds a cross-reference to the Business and
Professions Code Section relating to the limited liability
of licensed registered nurses to this section.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/10/12)
California Association of Air Medical Services (source)
California Chapter of the American College of Emergency
Physicians
California Emergency nurses Association
CALSTAR
ARGUMENTS IN SUPPORT : The author writes:
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The current law does not include registered nurses in
the code section that applies the gross negligent
standard to emergency medical staff. This bill seeks
to make the standard equitable to registered nurses
working at the scene of an emergency.
When the limited liability immunity law was written in
1980, nurses were not typically involved with rendering
emergency medical services in ambulances and on care
flights. Now, however, nurses are routinely used
during these emergency transportations. The gap in
immunity for nurses was discovered this past year when
two cases were brought against emergency medical
transport nurses. These cases were settled out of
court, but the immunity issue remains.
This gap arguably is reflected in the limited liability
provisions found in existing law, insofar as Health and
Safety Code Section 1799.104 provides that no physician
or nurse, who in good faith gives emergency
instructions to an EMT-II or mobile intensive care
paramedic at the scene of an emergency, shall be liable
for any civil damages as a result of issuing the
instructions. (Health & Saf. Code Sec. 1799.104(a),
emphasis added.) In contrast, Health & Safety Code
Section 1799.106 provides that a firefighter, police
officer or other law enforcement officer, or specified
EMT who renders emergency medical services at the scene
of an emergency shall only be liable in civil damages
for acts or omissions performed in a grossly negligent
manner or acts or omissions not performed in good
faith. (Health & Saf. Code Sec. 1799.106, emphasis
added.) Thus, nurses who provided instructions to an
EMT rendering emergency medical services would be
subjected to limited liability, as would the EMT, but a
nurse who directly renders the emergency medical
services himself or herself, would be subject to
ordinary liability.
Limiting the liability exposure of persons rendering
emergency medical services in order to encourage
assistance of persons in emergency situations must be
balanced against serious policy concerns for the safety
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of those persons being assisted and the availability of
a legal recourse if they are further injured by an
inadequately trained professional who arguably should
not have been providing such emergency services.
RJG/DLW:do 5/14/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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