2007 California Health and Safety Code Chapter 9. Liability Limitation

CA Codes (hsc:1799.100-1799.112)

1799.100.  In order to encourage local agencies and other
organizations to train people in emergency medical services, no local
agency, entity of state or local government, or other public or
private organization which sponsors, authorizes, supports, finances,
or supervises the training of people, or certifies those people,
excluding physicians and surgeons, registered nurses, and licensed
vocational nurses, as defined, in emergency medical services, shall
be liable for any civil damages alleged to result from those training
programs.


1799.102.  No person who in good faith, and not for compensation,
renders emergency care at the scene of an emergency shall be liable
for any civil damages resulting from any act or omission.  The scene
of an emergency shall not include emergency departments and other
places where medical care is usually offered.



1799.104.  (a) 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.
   (b) No EMT-II or mobile intensive care paramedic rendering care
within the scope of his duties who, in good faith and in a
nonnegligent manner, follows the instructions of a physician or nurse
shall be liable for any civil damages as a result of following such
instructions.



1799.105.  (a) A poison control center which (1) meets the minimum
standards for designation and operation established by the authority
pursuant to Section 1798.180, (2) has been designated a regional
poison control center by the authority, and (3) provides information
and advice for no charge on the management of exposures to poisonous
or toxic  substances, shall be immune from liability in civil damages
with respect to the emergency provision of that information or
advice, for acts or omissions by its medical director, poison
information specialist, or poison information provider as provided in
subdivisions (b) and (c).
   (b) Any poison information specialist or poison information
provider who provides emergency information and advice on the
management of exposures to poisonous or toxic substances,  through,
and in accordance with, protocols approved by the medical director of
a poison control center specified in subdivision (a), shall only be
liable in civil damages,  with respect to the emergency provision of
that information or advice, for acts or omissions performed in a
grossly negligent manner or acts or omissions not performed in good
faith.  This subdivision shall not be construed to immunize the
negligent adoption of a protocol.
   (c) The medical director of a poison control center specified in
subdivision (a) who provides emergency information and advice on the
management of exposures to poisonous or toxic substances, where the
exposure is not covered by an approved protocol, shall be liable only
in civil damages, with respect to the emergency provision of that
information or advice, for acts or omissions performed in a grossly
negligent manner or acts or omissions not performed in good faith.
This  subdivision shall neither be construed to immunize the
negligent failure to adopt adequate approved protocols nor to confer
liability upon the medical director for failing to develop or approve
a protocol when the development of a protocol for a specific
situation is not practical or the situation could not have been
reasonably foreseen.



1799.106.  In addition to the provisions of Section 1799.104 of this
code and of Section 1714.2 of the Civil Code and in order to
encourage the provision of emergency medical services by
firefighters, police officers or other law enforcement officers,
EMT-I, EMT-II, or EMT-P, a firefighter, police officer or other law
enforcement officer, EMT-I, 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.  A
public agency employing such a firefighter, police officer or other
law enforcement officer, EMT-I, EMT-II, or EMT-P shall not be liable
for civil damages if the firefighter, police officer or other law
enforcement officer, EMT-I, EMT-II, or EMT-P is not liable.



1799.107.  (a) The Legislature finds and declares that a threat to
the public health and safety exists whenever there is a need for
emergency services and that public entities and emergency rescue
personnel should be encouraged to provide emergency services.  To
that end, a qualified immunity from liability shall be provided for
public entities and emergency rescue personnel providing emergency
services.
   (b) Except as provided in Article 1 (commencing with Section
17000) of Chapter 1 of Division 9 of the Vehicle Code, neither a
public entity nor emergency rescue personnel shall be liable for any
injury caused by an action taken by the emergency rescue personnel
acting within the scope of their employment to provide emergency
services, unless the action taken was performed in bad faith or in a
grossly negligent manner.
   (c) For purposes of this section, it shall be presumed that the
action taken when providing emergency services was performed in good
faith and without gross negligence.  This presumption shall be one
affecting the burden of proof.
   (d) For purposes of this section, "emergency rescue personnel"
means any person who is an officer, employee, or member of a fire
department or fire protection or firefighting agency of the federal
government, the State of California, a city, county, city and county,
district, or other public or municipal corporation or political
subdivision of this state, or of a private fire department, whether
that person is a volunteer or partly paid or fully paid, while he or
she is actually engaged in providing emergency services as defined by
subdivision (e).
   (e) For purposes of this section, "emergency services" includes,
but is not limited to, first aid and medical services, rescue
procedures and transportation, or other related activities necessary
to insure the health or safety of a person in imminent peril.



1799.108.  Any person who has a certificate issued pursuant to this
division from  a certifying agency to provide prehospital emergency
field care treatment at the scene of an emergency, as defined in
Section 1799.102, shall be liable for civil damages only for acts or
omissions performed in a grossly negligent manner or acts or
omissions not performed in good faith.



1799.110.  (a) In any action for damages involving a claim of
negligence against a physician and surgeon arising out of emergency
medical services provided in a general acute care hospital emergency
department, the trier of fact shall consider, together with all other
relevant matters, the circumstances constituting the emergency, as
defined herein, and the degree of care and skill ordinarily exercised
by reputable members of the physician and surgeon's profession in
the same or similar locality, in like cases, and under similar
emergency circumstances.
   (b) For the purposes of this section, "emergency medical services"
and "emergency medical care" means those medical services required
for the immediate diagnosis and treatment of medical conditions
which, if not immediately diagnosed  and treated, could lead to
serious physical or mental disability or death.
   (c) In any action for damages involving a claim of negligence
against a physician and surgeon providing emergency medical coverage
for a general acute care hospital emergency department, the court
shall admit expert medical testimony only from physicians and
surgeons who have had substantial professional experience within the
last five years while assigned to provide emergency medical coverage
in a general acute care hospital emergency department.  For purposes
of this section, "substantial professional experience" shall be
determined by the custom and practice of the manner in which
emergency medical coverage is provided in general acute care hospital
emergency departments in the same or similar localities where the
alleged negligence occured.



1799.111.  (a) A licensed general acute care hospital, as defined by
subdivision (a) of Section 1250, that is not a county-designated
facility pursuant to Section 5150 of the Welfare and Institutions
Code, a licensed acute psychiatric hospital, as defined in
subdivision (b) of Section 1250, that is not a county-designated
facility pursuant to Section 5150 of the Welfare and Institutions
Code, licensed professional staff of those hospitals, or any
physician and surgeon, providing emergency medical services in any
department of those hospitals to a person at the hospital shall not
be civilly or criminally liable for detaining a person who is subject
to detention pursuant to Section 5150 of the Welfare and
Institutions Code, if all of the following conditions exist during
the detention:
   (1) The person cannot be safely released from the hospital
because, in the opinion of the treating physician and surgeon, or a
clinical psychologist with the medical staff privileges, clinical
privileges, or professional responsibilities provided in Section
1316.5, the person, as a result of a mental disorder, presents a
danger to himself or herself, or others, or is gravely disabled. For
purposes of this paragraph, "gravely disabled" means an inability to
provide for his or her basic personal needs for food, clothing, or
shelter.
   (2) The hospital staff, treating physician and surgeon, or
appropriate licensed mental health professional, have made, and
documented, repeated unsuccessful efforts to find appropriate mental
health treatment for the person.
   (3) The person is not detained beyond 24 hours.
   (4) There is probable cause for the detention.
   (5) If the person is detained beyond eight hours, but less than 24
hours, all of the following additional conditions shall be met:
   (A) A transfer for appropriate mental health treatment for the
person has been delayed because of the need for continuous and
ongoing care, observation, or treatment that the hospital is
providing.
   (B) In the opinion of the treating physician and surgeon, or a
clinical psychologist with the medical staff privileges or
professional responsibilities provided for in Section 1316.5, the
person, as a result of a mental disorder, is still a danger to
himself or herself, or others, or is gravely disabled, as defined in
paragraph (1) of subdivision (a).
   (b) In addition to the conditions set forth in subdivision (a), a
licensed general acute care hospital, as defined by subdivision (a)
of Section 1250 that is not a county-designated facility pursuant to
Section 5150 of the Welfare and Institutions Code, a licensed acute
psychiatric hospital as defined by subdivision (b) of Section 1250
that is not a county-designated facility pursuant to Section 5150 of
the Welfare and Institutions Code, licensed professional staff of
those hospitals, or any physician and surgeon, providing emergency
medical services in any department of those hospitals to a person at
the hospital shall not be civilly or criminally liable for the
actions of a person detained up to 24 hours in those hospitals who is
subject to detention pursuant to Section 5150 of the Welfare and
Institutions Code after that person's release from the detention at
the hospital, if all of the following conditions exist during the
detention:
   (1) The person has not been admitted to a licensed general acute
care hospital or a licensed acute psychiatric hospital for evaluation
and treatment pursuant to Section 5150 of the Welfare and
Institutions Code.
   (2) The release from the licensed general acute care hospital or
the licensed acute psychiatric hospital is authorized by a physician
and surgeon or a clinical psychologist with the medical staff
privileges or professional responsibilities provided for in Section
1316.5, who determines, based on a face-to-face examination of the
person detained, that the person does not present a danger to himself
or herself or others and is not gravely disabled, as defined in
paragraph (1) of subdivision (a). In order for this paragraph to
apply to a clinical psychologist, the clinical psychologist shall
have a collaborative treatment relationship with the physician and
surgeon. The clinical psychologist may authorize the release of the
person from the detention, but only after he or she has consulted
with the physician and surgeon. In the event of a clinical or
professional disagreement regarding the release of a person subject
to the detention, the detention shall be maintained unless the
hospital's medical director overrules the decision of the physician
and surgeon opposing the release. Both the physician and surgeon and
the clinical psychologist shall enter their findings, concerns, or
objections in the person's medical record.
   (c) Nothing in this section shall affect the responsibility of a
general acute care hospital or an acute psychiatric hospital to
comply with all state laws and regulations pertaining to the use of
seclusion and restraint and psychiatric medications for psychiatric
patients. Persons detained under this section shall retain their
legal rights regarding consent for medical treatment.
   (d) A person detained under this section shall be credited for the
time detained, up to 24 hours, in the event he or she is placed on a
subsequent 72-hour hold pursuant to Section 5150 of the Welfare and
Institutions Code.
   (e) The amendments to this section made by the act adding this
subdivision shall not be construed to limit any existing duties for
psychotherapists contained in Section 43.92 of the Civil Code.
   (f) Nothing in this section is intended to expand the scope of
licensure of clinical psychologists.



1799.112.  (a) EMT-P employers shall report in writing to the local
EMS agency medical director and the authority and provide all
supporting documentation within 30 days of whenever any of the
following actions are taken:
   (1) An EMT-P is terminated or suspended for disciplinary cause or
reason.
   (2) An EMT-P resigns following notice of an impending
investigation based upon evidence indicating disciplinary cause or
reason.
   (3) An EMT-P is removed from paramedic duties for disciplinary
cause or reason following the completion of an internal
investigation.
   (b) The reporting requirements of subdivision (a) do not require
or authorize the release of information or records of an EMT-P who is
also a peace officer protected by Section 832.7 of the Penal Code.
   (c) For purposes of this section, "disciplinary cause or reason"
means only an action that is substantially related to the
qualifications, functions, and duties of a paramedic and is
considered evidence of a threat to the public health and safety as
identified in subdivision (c) of Section 1798.200.
   (d) Pursuant to subdivision (i) of Section 1798.24 of the Civil
Code, upon notification to the paramedic, the authority may share the
results of its investigation into a paramedic's misconduct with the
paramedic's employer, prospective employer when requested in writing
as part of a preemployment background check, and the local EMS
agency.
   (e) The information reported or disclosed in this section shall be
deemed in the nature of an investigative communication and is exempt
from disclosure as a public record by subdivision (f) of Section
6254 of the Government Code.
   (f) A paramedic applicant or licensee to whom the information
pertains may view the contents, as set forth in subdivision (a) of
Section 1798.24 of the Civil Code, of a closed investigation file
upon request during the regular business hours of the authority.