BILL NUMBER: SB 724	CHAPTERED
	BILL TEXT

	CHAPTER  68
	FILED WITH SECRETARY OF STATE  JULY 11, 2013
	APPROVED BY GOVERNOR  JULY 11, 2013
	PASSED THE SENATE  MAY 16, 2013
	PASSED THE ASSEMBLY  JULY 1, 2013
	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, 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 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, 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.



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 nonprofit charitable organization that
provides vision screenings 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 an attending licensed
optometrist or ophthalmologist.
   (5) The eyeglass prescription determinations and ocular health
recommendations are provided by 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 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, ophthalmologist, 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.
   (d) For the purposes of this section:
   (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.