BILL NUMBER: SB 724	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 29, 2013

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  provide immunity to a church, 
 limit the liability of a 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   and, if applicable, the provision
 of donated or recycled eyeglasses, if specified conditions are
met.  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. 
   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  damage or  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   and, if applicable, provides
 donated or recycled eyeglasses, or a participating licensed
optometrist, ophthalmologist, or  trained  volunteer who
works with such a nonprofit charitable organization  in the
performance of vision screenings  , if all of the following
conditions are met:
   (1) The vision screening is provided to address ocular health
concerns and  , if applicable,  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 
 an attending  licensed optometrist or ophthalmologist.
   (5) The eyeglass prescription determinations and ocular health
recommendations are provided by  a   an
attending  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  allowed by the attending
licensed optometrist or ophthalmologist  , to the prescription
determined during the vision screening.
   (8) The vision screening  services  and
eyeglasses are provided without a charge. 
   (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.  
   (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.  
   (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.  
   (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:  
   (1) A crime of violence.  
   (2) A hate crime.  
   (3) An act involving a sexual offense.  
   (4) An act involving misconduct in violation of federal or state
civil rights laws.  
   (5) An act performed while the defendant was under the influence
of drugs or alcohol.  
   (b) 
    (d)  For the purposes of this section  ,
"nonprofit   : 
    (1)     "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. 
   (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.