2009 California Government Code - Section 854-856.6 :: Chapter 5. Medical, Hospital And Public Health Activities

854.  As used in this chapter, unless the context otherwise
requires, "medical facility" includes a hospital, infirmary, clinic,
dispensary, mental institution, or similar facility.

854.1.  (a) It is the intent of the Legislature to ensure continuity
of care for clients of Agnews Developmental Center.
   (b) In the effort to achieve these goals, it is the intent of the
Legislature to seek and implement recommendations that include all of
the following services to retain Agnews staff as employees:
   (1) Crisis management teams that provide behavioral, medical, and
dental treatment, training, and technical assistance.
   (2) Specialized services, including adaptive equipment design and
fabrication, and medical, dental, psychological, and assessment
services.
   (3) Staff support in community homes to assist individuals with
behavioral or psychiatric needs.
   (c) As used in this chapter, the terms "mental institution" or
"medical facility" also include a developmental services facility.
For the purposes of this chapter "developmental services facility"
means any facility or place where a public employee provides
developmental services relating to the closure of Agnews
Developmental Center.

854.2.  As used in this chapter, "mental institution" means any
state hospital for the care and treatment of the mentally disordered
or the mentally retarded, the California Rehabilitation Center
referred to in Section 3300 of the Welfare and Institutions Code, or
any county psychiatric hospital.

854.3.  As used in this chapter, "county psychiatric hospital" means
the hospital, ward, or facility provided by the county pursuant to
the provisions of Section 7100 of the Welfare and Institutions Code.

854.4.  As used in this chapter, "mental illness or addiction" means
any condition for which a person may be detained, cared for, or
treated in a mental institution, in a facility designated by a county
pursuant to Chapter 2 (commencing with Section 5150) of Part 1 of
Division 5 of the Welfare and Institutions Code, or in a similar
facility.

854.5.  As used in this chapter, "confine" includes admit, commit,
place, detain, or hold in custody.

854.8.  (a) Notwithstanding any other provision of this part, except
as provided in this section and in Sections 814, 814.2, 855, and
855.2, a public entity is not liable for:
   (1) An injury proximately caused by a patient of a mental
institution.
   (2) An injury to an inpatient of a mental institution.
   (b) Nothing in this section affects the liability of a public
entity under Article 1 (commencing with Section 17000) of Chapter 1
of Division 9 of the Vehicle Code.
   (c) Except for an injury to an inpatient of a mental institution,
nothing in this section prevents recovery from the public entity for
an injury resulting from the dangerous condition of public property
under Chapter 2 (commencing with Section 830) of this part.
   (d) Nothing in this section exonerates a public employee from
liability for injury proximately caused by his negligent or wrongful
act or omission. The public entity may but is not required to pay any
judgment, compromise or settlement, or may but is not required to
indemnify any public employee, in any case where the public entity is
immune from liability under this section; except that the public
entity shall pay, as provided in Article 4 (commencing with Section
825) of Chapter 1 of this part, any judgment based on a claim against
a public employee who is lawfully engaged in the practice of one of
the healing arts under any law of this state for malpractice arising
from an act or omission in the scope of his employment, and shall pay
any compromise or settlement of a claim or action, based on such
malpractice, to which the public entity has agreed.

855.  (a) A public entity that operates or maintains any medical
facility that is subject to regulation by the State Department of
Health Services, Social Services, Developmental Services, or Mental
Health is liable for injury proximately caused by the failure of the
public entity to provide adequate or sufficient equipment, personnel
or facilities required by any statute or any regulation of the State
Department of Health Services, Social Services, Developmental
Services, or Mental Health prescribing minimum standards for
equipment, personnel or facilities, unless the public entity
establishes that it exercised reasonable diligence to comply with the
applicable statute or regulation.
   (b) A public entity that operates or maintains any medical
facility that is not subject to regulation by the State Department of
Health Services, Social Services, Developmental Services, or Mental
Health is liable for injury proximately caused by the failure of the
public entity to provide adequate or sufficient equipment, personnel
or facilities substantially equivalent to those required by any
statute or any regulation of the State Department of Health Services,
Social Services, Developmental Services, or Mental Health
prescribing minimum standards for equipment, personnel or facilities
applicable to a public medical facility of the same character and
class, unless the public entity establishes that it exercised
reasonable diligence to conform with such minimum standards.
   (c) Nothing in this section confers authority upon, or augments
the authority of, the State Department of Health Services, Social
Services, Developmental Services, or Mental Health to adopt,
administer or enforce any regulation. Any regulation establishing
minimum standards for equipment, personnel or facilities in any
medical facility operated or maintained by a public entity, to be
effective, must be within the scope of authority conferred by law.

855.2.  Neither a public entity nor a public employee acting within
the scope of his employment is liable for interfering with the right
of an inmate of a medical facility operated or maintained by a public
entity to obtain a judicial determination or review of the legality
of his confinement; but a public employee, and the public entity
where the employee is acting within the scope of his employment, is
liable for injury proximately caused by the employee's intentional
and unjustifiable interference with such right, but no cause of
action for such injury shall be deemed to accrue until it has first
been determined that the confinement was illegal.

855.4.  (a) Neither a public entity nor a public employee is liable
for an injury resulting from the decision to perform or not to
perform any act to promote the public health of the community by
preventing disease or controlling the communication of disease within
the community if the decision whether the act was or was not to be
performed was the result of the exercise of discretion vested in the
public entity or the public employee, whether or not such discretion
be abused.
   (b) Neither a public entity nor a public employee is liable for an
injury caused by an act or omission in carrying out with due care a
decision described in subdivision (a).

855.6.  Except for an examination or diagnosis for the purpose of
treatment, neither a public entity nor a public employee acting
within the scope of his employment is liable for injury caused by the
failure to make a physical or mental examination, or to make an
adequate physical or mental examination, of any person for the
purpose of determining whether such person has a disease or physical
or mental condition that would constitute a hazard to the health or
safety of himself or others.

855.8.  (a) Neither a public entity nor a public employee acting
within the scope of his employment is liable for injury resulting
from diagnosing or failing to diagnose that a person is afflicted
with mental illness or addiction or from failing to prescribe for
mental illness or addiction.
   (b) A public employee acting within the scope of his employment is
not liable for administering with due care the treatment prescribed
for mental illness or addiction.
   (c) Nothing in this section exonerates a public employee who has
undertaken to prescribe for mental illness or addiction from
liability for injury proximately caused by his negligence or by his
wrongful act in so prescribing.
   (d) Nothing in this section exonerates a public employee from
liability for injury proximately caused by his negligent or wrongful
act or omission in administering any treatment prescribed for mental
illness or addiction.

856.  (a) Neither a public entity nor a public employee acting
within the scope of his employment is liable for any injury resulting
from determining in accordance with any applicable enactment:
   (1) Whether to confine a person for mental illness or addiction.
   (2) The terms and conditions of confinement for mental illness or
addiction.
   (3) Whether to parole, grant a leave of absence to, or release a
person confined for mental illness or addiction.
   (b) A public employee is not liable for carrying out with due care
a determination described in subdivision (a).
   (c) Nothing in this section exonerates a public employee from
liability for injury proximately caused by his negligent or wrongful
act or omission in carrying out or failing to carry out:
   (1) A determination to confine or not to confine a person for
mental illness or addiction.
   (2) The terms or conditions of confinement of a person for mental
illness or addiction.
   (3) A determination to parole, grant a leave of absence to, or
release a person confined for mental illness or addiction.

856.2.  (a) Neither a public entity nor a public employee is liable
for:
   (1) An injury caused by an escaping or escaped person who has been
confined for mental illness or addiction.
   (2) An injury to, or the wrongful death of, an escaping or escaped
person who has been confined for mental illness or addiction.
   (b) Nothing in this section exonerates a public employee from
liability:
   (1) If he acted or failed to act because of actual fraud,
corruption, or actual malice.
   (2) For injuries inflicted as a result of his own negligent or
wrongful act or omission on an escaping or escaped mental patient in
recapturing him.

856.4.  Except as provided in Section 815.6, neither a public entity
nor a public employee acting in the scope of his employment is
liable for an injury resulting from the failure to admit a person to
a public medical facility.

856.6.  (a) A public entity, public employee, or volunteer,
participating in the National Influenza Program of 1976, shall not be
liable for an injury caused by an act or omission in the promotion
of a community program or the administration of vaccine in a
community program, including the residual effects of the vaccine,
unless the act or omission constitutes willful misconduct.
   (b) All promotions of a community program and oral and written
information provided for purposes of consent to a person requesting
inoculation shall contain notice of the provisions of subdivision (a)
of this section. In the event the person to be inoculated is a
minor, the parents or legal guardian of said minor must be informed
orally or in writing of the provisions of subdivision (a) of this
section and said parents or legal guardian must consent in writing to
the inoculation of said minor person. The State Department of Health
shall prescribe a form to be used in community programs which
notifies a person of the provisions of subdivision (a) and contains a
provision by which the person acknowledges that he has been so
notified and understands the legal effect of the subdivision.
   (c) As used in the section:
   (1) "Community program" means a public program conducted by a
state, city, county, or district health agency under the National
Influenza Program of 1976 or a public or private organization which
has entered into a contract with a state, city, county, or district
health agency, with the approval of the State Department of Health,
to provide services pursuant to the National Influenza Program of
1976.
   (2) "Volunteer" means a licensed health professional, licensed
health facility, organization, or individual participating in a
community program.
   (d) Notwithstanding any other provision of law, an individual
authorized by the State Department of Health may administer influenza
vaccine under the supervision of a licensed health professional in a
community program using a jet injection apparatus.