Section § 1799.100

Explanation

This law protects various organizations from being sued for civil damages if they provide training in emergency medical services. As long as they are on the statewide registry and offer their services, goods, labor, equipment, or facilities voluntarily and without payment, they are shielded from liability. This includes local agencies, state entities, private businesses, and nonprofit organizations. However, this exemption does not apply to physicians, surgeons, registered nurses, or licensed vocational nurses.

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, private business or nonprofit organization included on the statewide registry that voluntarily and without expectation and receipt of compensation donates services, goods, labor, equipment, resources, or dispensaries or other facilities, in compliance with Section 8588.2 of the Government Code, 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.

Section § 1799.101

Explanation

This law allows a person to take reasonable steps to remove a child from a locked car if they believe the child's safety is in immediate danger, for example, due to extreme heat or cold. The person won't face criminal charges if they act in good faith and follow specific steps: they must determine the vehicle is locked, believe the child is in danger, contact emergency services before breaking in, stay with the child safely until help arrives, use minimal force, and hand the child over to authorities promptly.

Emergency responders like police and firefighters can also remove a child from a car if they appear to be in danger. They should try to find the vehicle owner first and leave a written notice about where the child will be taken for treatment. Parents may have to pay for any medical costs. 'Child' in this context refers to a child aged six or younger.

(a)Copy CA Health and Safety Code § 1799.101(a)
(1)Copy CA Health and Safety Code § 1799.101(a)(1) A person may take any reasonable steps that are necessary to remove a child from a motor vehicle if the person holds a reasonable belief that the child’s safety is in immediate danger from heat, cold, lack of adequate ventilation, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the child.
(2)CA Health and Safety Code § 1799.101(a)(2) A person who removes a child from a vehicle in accordance with paragraph (1) is not criminally liable for actions taken reasonably and in good faith if the person does all of the following:
(A)CA Health and Safety Code § 1799.101(a)(2)(A) Determines the vehicle is locked or there is otherwise no reasonable manner for the child to be removed from the vehicle.
(B)CA Health and Safety Code § 1799.101(a)(2)(B) Has a good faith belief that forcible entry into the vehicle is necessary because the child is in imminent danger of suffering harm if it is not immediately removed from the vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one.
(C)CA Health and Safety Code § 1799.101(a)(2)(C) Has contacted a local law enforcement agency, the fire department, or the “911” emergency service prior to forcibly entering the vehicle.
(D)CA Health and Safety Code § 1799.101(a)(2)(D) Remains with the child in a safe location, out of the elements but reasonably close to the vehicle, until a peace officer or another emergency responder arrives.
(E)CA Health and Safety Code § 1799.101(a)(2)(E) Used no more force to enter the vehicle and remove the child from the vehicle than was necessary under the circumstances.
(F)CA Health and Safety Code § 1799.101(a)(2)(F) Immediately turns the child over to a representative from law enforcement or another emergency responder who responds to the scene.
(b)Copy CA Health and Safety Code § 1799.101(b)
(1)Copy CA Health and Safety Code § 1799.101(b)(1) This section does not prevent a peace officer, firefighter, or other emergency responder from removing a child from a motor vehicle if the child’s safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the child.
(2)CA Health and Safety Code § 1799.101(b)(2) A peace officer, firefighter, or other emergency responder who removes a child from a motor vehicle, or who takes possession of a child who has been removed from a motor vehicle, shall arrange for the treatment and transport of the child according to the medical control policies of the local EMS agency. The parent of a child removed from a vehicle may be required to pay for charges that may accrue for the care or medical treatment of the child.
(3)CA Health and Safety Code § 1799.101(b)(3) A peace officer, firefighter, or other emergency responder may take all steps that are reasonably necessary for the removal of a child from a motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort is made to locate the owner or other person responsible.
(4)CA Health and Safety Code § 1799.101(b)(4) A peace officer, firefighter, or other emergency responder who removes a child from a motor vehicle or who receives a child rescued from a vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing their name and office and the address of the location where the child will be treated.
(c)CA Health and Safety Code § 1799.101(c) For purposes of this section, “child” means a child who is six years of age or younger.

Section § 1799.102

Explanation

This law is meant to protect people who voluntarily help others in emergencies from being sued for civil damages, as long as they act in good faith and don't get paid. This is called a 'Good Samaritan law'.

It doesn't include hospitals or places where medical care is normally provided. There are two main points: First, medical, law enforcement, and emergency personnel are protected from liability unless they act with gross negligence or intentional misconduct. Second, the law encourages people to volunteer during emergencies by giving them similar protections. Existing responsibilities and legal protections for certain personnel remain unchanged. Any new legal actions based on these rules apply only to cases filed after the law was updated.

(a)CA Health and Safety Code § 1799.102(a) No person who in good faith, and not for compensation, renders emergency medical or nonmedical 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. This subdivision applies only to the medical, law enforcement, and emergency personnel specified in this chapter.
(b)Copy CA Health and Safety Code § 1799.102(b)
(1)Copy CA Health and Safety Code § 1799.102(b)(1) It is the intent of the Legislature to encourage other individuals to volunteer, without compensation, to assist others in need during an emergency, while ensuring that those volunteers who provide care or assistance act responsibly.
(2)CA Health and Safety Code § 1799.102(b)(2) Except for those persons specified in subdivision (a), no person who in good faith, and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency shall be liable for civil damages resulting from any act or omission other than an act or omission constituting gross negligence or willful or wanton misconduct. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. This subdivision shall not be construed to alter existing protections from liability for licensed medical or other personnel specified in subdivision (a) or any other law.
(c)CA Health and Safety Code § 1799.102(c) Nothing in this section shall be construed to change any existing legal duties or obligations, nor does anything in this section in any way affect the provisions in Section 1714.5 of the Civil Code, as proposed to be amended by Senate Bill 39 of the 2009–10 Regular Session of the Legislature.
(d)CA Health and Safety Code § 1799.102(d) The amendments to this section made by the act adding subdivisions (b) and (c) shall apply exclusively to any legal action filed on or after the effective date of that act.

Section § 1799.103

Explanation

This law makes it clear that companies can’t stop employees from giving voluntary emergency medical help, like CPR, during a medical emergency, unless specific conditions apply. For example, it's acceptable for a company to only let employees who've been trained provide such help. However, in an emergency, if no trained person is available, any employee can step in voluntarily. Also, employees must not perform resuscitation if the person has indicated they don’t want it through legal means like a do-not-resuscitate order. Employers are not required to train their employees in these emergency medical skills.

(a)CA Health and Safety Code § 1799.103(a) An employer shall not adopt or enforce a policy prohibiting an employee from voluntarily providing emergency medical services, including, but not limited to, cardiopulmonary resuscitation, in response to a medical emergency, except as provided in subdivisions (b) and (c).
(b)CA Health and Safety Code § 1799.103(b) Notwithstanding subdivision (a), an employer may adopt and enforce a policy authorizing employees trained in emergency services to provide those services. However, in the event of an emergency, any available employee may voluntarily provide emergency medical services if a trained and authorized employee is not immediately available or is otherwise unable or unwilling to provide emergency medical services.
(c)CA Health and Safety Code § 1799.103(c) Notwithstanding subdivision (a), an employer may adopt and enforce a policy prohibiting an employee from performing emergency medical services, including, but not limited to, cardiopulmonary resuscitation, on a person who has expressed the desire to forgo resuscitation or other medical interventions through any legally recognized means, including, but not limited to, a do-not-resuscitate order, a Physician Orders for Life Sustaining Treatment form, an advance health care directive, or a legally recognized health care decisionmaker.
(d)CA Health and Safety Code § 1799.103(d) This section does not impose any express or implied duty on an employer to train its employees regarding emergency medical services or cardiopulmonary resuscitation.

Section § 1799.104

Explanation

This law protects medical professionals and emergency responders from being sued for civil damages when they act in good faith during emergencies. If a doctor or nurse gives instructions to an EMT-II or mobile intensive care paramedic in an emergency situation, and the responder follows those instructions diligently and non-negligently, neither party can be held liable for any resulting harm.

(a)CA Health and Safety Code § 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)CA Health and Safety Code § 1799.104(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.

Section § 1799.105

Explanation

This law states that poison control centers meeting certain standards and offering free advice on dealing with poison exposure are protected from being sued for civil damages regarding the emergency advice they provide. Specifically, this legal protection applies to actions or oversights by their medical director, poison specialists, or providers unless those actions were grossly negligent or not made in good faith.

The law specifies that specialists following approved protocols are only liable if they act in a grossly negligent way or without good faith. Additionally, the law clarifies that it doesn't protect against careless adoption of protocols.

For medical directors responding to emergencies not covered by an existing protocol, liability only arises from grossly negligent actions or lack of good faith. The law also ensures that there is no liability simply for not having a protocol if it couldn't have been anticipated or practically developed for rare situations.

(a)CA Health and Safety Code § 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)CA Health and Safety Code § 1799.105(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)CA Health and Safety Code § 1799.105(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.

Section § 1799.106

Explanation

This law is designed to encourage firefighters, police officers, EMTs, and trained nurses to provide emergency medical services. It states that these emergency responders are only liable for civil damages if they act in a grossly negligent manner or do not act in good faith while helping at an emergency scene or during ambulance transport. If they're not liable, then the public agency employing them won't be liable for damages either.

Additionally, the law defines a 'registered nurse' as a nurse specially trained in emergency medical services and officially licensed.

(a)CA Health and Safety Code § 1799.106(a) In addition to the provisions of Section 1799.104 of this code, Section 2727.5 of the Business and Professions Code, and 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, EMT-P, or registered nurses, a firefighter, police officer or other law enforcement officer, EMT-I, EMT-II, EMT-P, or registered nurse who renders emergency medical services at the scene of an emergency or during an emergency air or ground ambulance transport 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, EMT-P, or registered nurse shall not be liable for civil damages if the firefighter, police officer or other law enforcement officer, EMT-I, EMT-II, EMT-P, or registered nurse is not liable.
(b)CA Health and Safety Code § 1799.106(b) For purposes of this section, “registered nurse” means a registered nurse trained in emergency medical services and licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code.

Section § 1799.107

Explanation

This law states that when emergency services are needed, there is a concern for public health and safety, and public entities and emergency personnel are encouraged to provide such services. To support these efforts, they receive qualified immunity from being held liable for injuries if they act within their job scope while providing emergency services. They are only liable if they act in bad faith or in a grossly negligent way.

The law assumes that emergency workers act in good faith and without gross negligence, meaning they get the benefit of the doubt unless proven otherwise. "Emergency rescue personnel" include both paid and volunteer workers from public and private fire departments and related emergency services. "Emergency services" cover a range of activities like first aid, medical help, rescues, and urgent transport to ensure the safety of someone in serious danger.

(a)CA Health and Safety Code § 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)CA Health and Safety Code § 1799.107(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)CA Health and Safety Code § 1799.107(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)CA Health and Safety Code § 1799.107(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)CA Health and Safety Code § 1799.107(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.

Section § 1799.108

Explanation

This law says that if you are certified to give emergency medical care at an emergency scene in California, you are only responsible for civil damages if you act in a really careless way (grossly negligent) or if you don't act with good intentions (not in good faith).

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.

Section § 1799.109

Explanation

This law recognizes the comfort and therapy pets, specifically dogs and cats, provide to their owners and society. It allows emergency responders to give life-saving first aid to pets without facing legal repercussions for practicing veterinary medicine, as long as their employer does not prohibit it. First aid includes administering oxygen, managing ventilation, clearing airways, controlling bleeding, and bandaging. The law also clarifies that providing such aid is voluntary and not required by law.

It specifies that giving emergency care to pets does not impose a duty on responders or any other individuals, nor does it create liability for not providing care during emergencies. This section does not extend to calls made to the emergency 911 system for pets.

(a)CA Health and Safety Code § 1799.109(a) The Legislature finds and declares all of the following:
(1)CA Health and Safety Code § 1799.109(a)(1) California residents receive comfort and unconditional love on a daily basis from their household pets, particularly dogs and cats.
(2)CA Health and Safety Code § 1799.109(a)(2) California residents benefit from the special support, comfort, guidance, companionship, and therapy provided by dogs and cats.
(3)CA Health and Safety Code § 1799.109(a)(3) Pets provide critical support to many California residents with disabilities.
(4)CA Health and Safety Code § 1799.109(a)(4) Pets provide assistance and aid in the official duties of military personnel, peace officers, law enforcement agencies, fire departments, and search-and-rescue agencies.
(5)CA Health and Safety Code § 1799.109(a)(5) Personnel of some fire districts and other first responder agencies currently provide stabilizing, life-saving emergency care to dogs and cats, which violates the Veterinary Medicine Practice Act.
(6)CA Health and Safety Code § 1799.109(a)(6) In enacting this section, it is the intent of the Legislature to authorize emergency responders to provide, on a voluntary basis, basic first aid to dogs and cats without exposure to criminal prosecution or professional discipline for the unlawful practice of veterinary medicine.
(b)CA Health and Safety Code § 1799.109(b) Notwithstanding the Veterinary Medicine Practice Act, as set forth in Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code, an emergency responder may provide basic first aid to dogs and cats to the extent that the provision of that care is not prohibited by the responder’s employer, and the responder shall not be subject to criminal prosecution for a violation of Section 4831 of the Business and Professions Code.
(c)CA Health and Safety Code § 1799.109(c) Civil liability for a person who provides care to a pet or other domesticated animal during an emergency is governed by the following:
(1)CA Health and Safety Code § 1799.109(c)(1) Section 4826.1 of the Business and Professions Code governs care provided by a veterinarian.
(2)CA Health and Safety Code § 1799.109(c)(2) Subdivision (a) of Section 1799.102 governs care provided by an emergency responder, or law enforcement and emergency personnel specified in this chapter.
(3)CA Health and Safety Code § 1799.109(c)(3) Subdivision (b) of Section 1799.102 governs care provided by any person other than an individual described in paragraph (1) or (2).
(d)CA Health and Safety Code § 1799.109(d) Notwithstanding any other law, this section does not impose a duty or obligation upon an emergency responder or any other person to transport or provide care to an injured pet or other domesticated animal during an emergency.
(e)CA Health and Safety Code § 1799.109(e) For purposes of this section, the following definitions apply:
(1)CA Health and Safety Code § 1799.109(e)(1) “Cat” means a small domesticated feline animal that is kept as a pet. “Cat” does not include nondomesticated wild animals.
(2)CA Health and Safety Code § 1799.109(e)(2) “Dog” means a domesticated canine animal owned for companionship, service, therapeutic, or assistance purposes.
(3)CA Health and Safety Code § 1799.109(e)(3) “Emergency responder” means a person who is certified or licensed to provide emergency medical services.
(4)CA Health and Safety Code § 1799.109(e)(4) “Employer” means an entity or organization that employs or enlists the services of an emergency responder.
(5)CA Health and Safety Code § 1799.109(e)(5) “Basic first aid to dogs and cats” means providing immediate medical care to a dog or cat by an emergency responder, in an emergency situation to which the emergency responder is responding, that is intended to stabilize the dog or cat so that the dog or cat can be transported by the owner as soon as practical to a veterinarian for treatment and which is provided through the following means:
(A)CA Health and Safety Code § 1799.109(e)(5)(A) Administering oxygen.
(B)CA Health and Safety Code § 1799.109(e)(5)(B) Managing ventilation by mask.
(C)CA Health and Safety Code § 1799.109(e)(5)(C) Manually clearing the upper airway, not including tracheal intubation or surgical procedures.
(D)CA Health and Safety Code § 1799.109(e)(5)(D) Controlling hemorrhage with direct pressure.
(E)CA Health and Safety Code § 1799.109(e)(5)(E) Bandaging for the purpose of stopping bleeding.
(f)CA Health and Safety Code § 1799.109(f) This section does not require or authorize the provision of emergency services to dogs or cats in response to a telephone call to the 911 emergency system and is not a basis for liability for the failure to provide emergency services to dogs or cats in response to a telephone call to the 911 emergency system.

Section § 1799.110

Explanation

This law explains how courts should handle negligence claims against doctors providing emergency medical services in an emergency room. When considering such claims, the court must take into account the emergency situation and compare the doctor's actions to the typical care provided by other doctors in similar situations and locations.

"Emergency medical services" are defined as treatments needed immediately to prevent serious harm or death. If expert testimony is needed in these cases, it should come from doctors with significant recent experience in emergency rooms like the one where the incident occurred.

(a)CA Health and Safety Code § 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)CA Health and Safety Code § 1799.110(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)CA Health and Safety Code § 1799.110(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.

Section § 1799.111

Explanation

This law section protects hospitals and their staff from being held legally responsible when they temporarily detain someone who is a threat to themselves or others due to a mental health disorder. It applies to general care and psychiatric hospitals that are not designated county facilities.

To be immune from liability, certain conditions must be met: the person must pose a danger, attempts must be made to find them mental health treatment, they can't be held for more than 24 hours, and there must be probable cause for detention. If the person is held beyond eight hours, continuous care must be necessary, and the person must still be a danger.

Hospitals aren't liable for a person's actions after the detention if the release is approved by a licensed professional who determines they're no longer a threat. Assessments can be done via telehealth. Detained individuals retain rights regarding treatment consent, and detention time counts toward any subsequent holds.

(a)CA Health and Safety Code § 1799.111(a) Subject to subdivision (b), a licensed general acute care hospital, as defined in 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 is not civilly or criminally liable for detaining a person if all of the following conditions exist during the detention:
(1)CA Health and Safety Code § 1799.111(a)(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 health disorder, presents a danger to themselves, or others, or is gravely disabled. For purposes of this paragraph, “gravely disabled” has the same definition as in paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code.
(2)CA Health and Safety Code § 1799.111(a)(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.
(A)CA Health and Safety Code § 1799.111(a)(2)(A) Telephone calls or other contacts required pursuant to this paragraph shall commence at the earliest possible time when the treating physician and surgeon has determined the time at which the person will be medically stable for transfer.
(B)CA Health and Safety Code § 1799.111(a)(2)(B) The contacts required pursuant to this paragraph shall not begin after the time when the person becomes medically stable for transfer.
(3)CA Health and Safety Code § 1799.111(a)(3) The person is not detained beyond 24 hours.
(4)CA Health and Safety Code § 1799.111(a)(4) There is probable cause for the detention.
(b)CA Health and Safety Code § 1799.111(b) If the person is detained pursuant to subdivision (a) beyond eight hours, but less than 24 hours, both of the following additional conditions shall be met:
(1)CA Health and Safety Code § 1799.111(b)(1) A discharge or transfer for appropriate evaluation or treatment for the person has been delayed because of the need for continuous and ongoing care, observation, or treatment that the hospital is providing.
(2)CA Health and Safety Code § 1799.111(b)(2) 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 health disorder, is still a danger to themselves, or others, or is gravely disabled, as defined in paragraph (1) of subdivision (a).
(c)CA Health and Safety Code § 1799.111(c) In addition to the immunities set forth in subdivision (a), a licensed general acute care hospital, as defined in 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 a 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 subdivision (a) after that person’s release from the detention at the hospital, if all of the following conditions exist during the detention:
(1)CA Health and Safety Code § 1799.111(c)(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)CA Health and Safety Code § 1799.111(c)(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 themselves 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 the clinical psychologist 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.
(d)CA Health and Safety Code § 1799.111(d) Notwithstanding any other law, an examination, assessment, or evaluation that provides the basis for a determination or opinion of a physician and surgeon or a clinical psychologist with the medical staff privileges or professional responsibilities provided for in Section 1316.5 that is specified in this section may be conducted using telehealth.
(e)CA Health and Safety Code § 1799.111(e) This section does not 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.
(f)CA Health and Safety Code § 1799.111(f) A person detained under this section shall be credited for the time detained, up to 24 hours, if the person is placed on a subsequent 72-hour hold pursuant to Section 5150 of the Welfare and Institutions Code.
(g)CA Health and Safety Code § 1799.111(g) The amendments to this section made by Chapter 308 of the Statutes of 2007 do not limit any existing duties for psychotherapists contained in Section 43.92 of the Civil Code.
(h)CA Health and Safety Code § 1799.111(h) This section does not expand the scope of licensure of clinical psychologists.

Section § 1799.112

Explanation

This law requires employers of paramedics (EMT-P) to report certain disciplinary actions to local EMS directors and state authorities within 30 days. Actions include termination, suspension, resignation after an investigation alert, or removal from duties due to misconduct. "Disciplinary cause" means actions impacting paramedic duties and posing a public safety risk.

Some EMT-P details, especially for those who are also peace officers, are protected under different laws. Authorities can share investigation results with employers and relevant agencies. The information is part of an investigation and not public record. However, involved paramedics can access closed investigation files upon request.

(a)CA Health and Safety Code § 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)CA Health and Safety Code § 1799.112(a)(1) An EMT-P is terminated or suspended for disciplinary cause or reason.
(2)CA Health and Safety Code § 1799.112(a)(2) An EMT-P resigns following notice of an impending investigation based upon evidence indicating disciplinary cause or reason.
(3)CA Health and Safety Code § 1799.112(a)(3) An EMT-P is removed from paramedic duties for disciplinary cause or reason following the completion of an internal investigation.
(b)CA Health and Safety Code § 1799.112(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)CA Health and Safety Code § 1799.112(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)CA Health and Safety Code § 1799.112(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)CA Health and Safety Code § 1799.112(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 Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code.
(f)CA Health and Safety Code § 1799.112(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.

Section § 1799.113

Explanation

This law says that if you help someone during an opioid overdose by giving them something like naloxone, and you're not getting paid for it, you won't be sued for any problems that might happen from helping. This also covers if you give someone naloxone to use in such situations.

However, this protection doesn't cover actions that are extremely careless or intentionally harmful. Being paid for other work doesn't count as being paid for helping in an overdose situation. Finally, any medication approved by the FDA for treating opioid overdoses is considered an "opioid antagonist" for this law.

(a)Copy CA Health and Safety Code § 1799.113(a)
(1)Copy CA Health and Safety Code § 1799.113(a)(1) A person who, in good faith and not for compensation, renders emergency treatment at the scene of an opioid overdose or suspected opioid overdose by administering an opioid antagonist shall not be liable for civil damages resulting from an act or omission related to the rendering of the emergency treatment.
(2)CA Health and Safety Code § 1799.113(a)(2) A person who, in good faith and not for compensation, furnishes an opioid antagonist to a person for use at the scene of an opioid overdose or suspected opioid overdose shall not be liable for civil damages resulting from an act or omission related to the furnishing of the opioid antagonist.
(b)CA Health and Safety Code § 1799.113(b) This section does not apply to an act or omission related to the rendering of emergency treatment at the scene of an opioid overdose or suspected opioid overdose by means of an opioid antagonist that constitutes gross negligence or willful or wanton misconduct.
(c)CA Health and Safety Code § 1799.113(c) For purposes of this section, both of the following apply:
(1)CA Health and Safety Code § 1799.113(c)(1) A person who renders emergency treatment by means of an opioid antagonist, or who furnishes an opioid antagonist at the scene of an opioid overdose or suspected opioid overdose, and who is not compensated for doing so, but receives compensation for other actions as a result of their unrelated employment, is not “rendering emergency medical care or furnishing opioid antagonist for compensation.”
(2)CA Health and Safety Code § 1799.113(c)(2) “Opioid antagonist” means naloxone hydrochloride or any other opioid antagonist that is approved by the United States Food and Drug Administration for the treatment of an opioid overdose.

Section § 1799.115

Explanation

If you're an ambulance service provider or work for one, this law protects you from being sued when you continue to detain someone at the request of a police officer or other qualified professional during certain medical transports. This includes taking someone under specific mental health holds to or from hospitals or psychiatric facilities.

However, you must still follow procedures set by local emergency medical agencies and the state's medical authority. You can still be held responsible if you act negligently or intentionally cause harm during the transport. Also, you can't make people sign involuntary hold orders if they're willingly going to a facility.

(a)CA Health and Safety Code § 1799.115(a) A private provider of ambulance services licensed by the California Highway Patrol and any employees of that provider, when operating in accordance with the standards, regulations, policies, and protocols of local emergency medical services agencies, shall not be criminally or civilly liable for the continued detainment of a person when that detainment is requested by a peace officer, facility staff, or other professionals authorized to detain persons in any of the following circumstances:
(1)CA Health and Safety Code § 1799.115(a)(1) Transportation, and continuing the detainment, of a person properly detained in accordance with Section 5150, 5250, or 5260 of the Welfare and Institutions Code to a facility designated by the county for evaluation and treatment.
(2)CA Health and Safety Code § 1799.115(a)(2) Transportation, and continuing the detainment, of a person who is detained for evaluation and treatment in a hospital or other facility to a designated facility for psychiatric treatment in accordance with Section 5150, 5250, or 5260 of the Welfare and Institutions Code.
(3)CA Health and Safety Code § 1799.115(a)(3) Transportation, and continuing the detainment, of a person who is in an acute care hospital, medical clinic, or other psychiatric evaluation facility to a designated facility for psychiatric treatment, if so ordered by the attending physician, a professional staff person in charge of a facility designated by the county for evaluation and treatment, a member of the attending staff, or a professional staff person designated by the county, in accordance with Section 5250 or 5260 of the Welfare and Institutions Code.
(b)CA Health and Safety Code § 1799.115(b) A private provider of ambulance services requested to provide transportation of persons consistent with this section shall provide care according to the policies and procedures established by the local emergency medical services agency in the county that the provider operates and the policies of the California Emergency Medical Services Authority.
(c)CA Health and Safety Code § 1799.115(c) This section does not relieve the provider of ambulance services, or any of its employees, from liability for injuries caused by negligence, gross negligence, recklessness, or willful misconduct on the part of the provider or its employees while transporting a person to a designated facility.
(d)CA Health and Safety Code § 1799.115(d) A private provider of ambulance services that provides transportation to a designated facility, as defined in Section 5008 of the Welfare and Institutions Code, shall not require a person who is voluntarily agreeing to transport to be placed on an involuntary hold as a precondition to that transport.