Amended by Stats. 2008, Ch. 275, Sec. 3. Effective January 1, 2009.
The Commission on Emergency Medical Services is hereby created in the California Health and Human Services Agency.
Article 1 - The Commission
California Health and Safety Code — §§ 1799-1799.8
Sections (39)
Amended by Stats. 2020, Ch. 138, Sec. 3. (AB 1544) Effective January 1, 2021.
The commission shall consist of 19 members appointed as follows:
(a)One full-time physician and surgeon, whose primary practice is emergency medicine, appointed by the Senate Committee on Rules from a list of three names submitted by the California Chapter of the American College of Emergency Physicians.
(b)One physician and surgeon, who is a trauma surgeon, appointed by the Speaker of the Assembly from a list of three names submitted by the California Chapter of the American College of Surgeons.
(c)One physician and surgeon appointed by the Senate Committee on Rules from a list of three names submitted by the
California Medical Association.
(d)One county health officer appointed by the Governor from a list of three names submitted by the California Conference of Local Health Officers.
(e)One registered nurse, who is currently, or has been previously, authorized as a mobile intensive care nurse and who is knowledgeable in state emergency medical services programs and issues, appointed by the Governor from a pool of candidates submitted by the California Labor Federation and a pool of candidates submitted by the Emergency Nurses Association.
(f)One full-time paramedic or EMT-II, who is not employed as a full-time peace officer, appointed by the Senate Committee on Rules from a pool of candidates submitted by the California Labor Federation and a pool of candidates submitted by the California Rescue and Paramedic
Association.
(g)One prehospital emergency medical service provider from the private sector, appointed by the Speaker of the Assembly from a list of three names submitted by the California Ambulance Association.
(h)One management member of an entity providing fire protection and prevention services appointed by the Governor from a list of three names submitted by the California Fire Chiefs Association.
(i)One physician and surgeon who is board prepared or board certified in the specialty of emergency medicine by the American Board of Emergency Medicine and who is knowledgeable in state emergency medical services programs and issues appointed by the Speaker of the Assembly.
(j)One hospital administrator of a base hospital who is appointed by the
Governor from a list of three names submitted by the California Hospital Association.
(k)One full-time peace officer, who is either an EMT-II or a paramedic, who is appointed by the Governor from a list of three names submitted by the California Peace Officers Association.
(l)Two public members who have experience in local EMS policy issues, at least one of whom resides in a rural area as defined by the authority, and who are appointed by the Governor.
(m)One administrator from a local EMS agency appointed by the Governor from a list of four names submitted by the Emergency Medical Services Administrator’s Association of California.
(n)One medical director of a local EMS agency who is an active member of the Emergency Medical Directors
Association of California and who is appointed by the Governor.
(o)One person appointed by the Governor, who is an active member of the California State Firemen’s Association.
(p)One person who is employed by the Department of Forestry and Fire Protection (CAL-FIRE) appointed by the Governor from a list of three names submitted by the California Professional Firefighters.
(q)One person who is employed by a city, county, or special district that provides fire protection appointed by the Governor from a list of three names submitted by the California Professional Firefighters.
(r)One medical director of a public fire protection agency in the state appointed by the Governor from a list of three names submitted by the California Professional
Firefighters.
Added by Stats. 1985, Ch. 42, Sec. 2. Effective May 15, 1985.
At the discretion of the appointing power or body, a member of the commission may be reappointed or may continue to serve if he or she no longer continues to function in the capacity which originally qualified him or her for appointment. However, where Section 1799.2 requires that an appropriate organization submit names to the appointing power or body, a person shall not be reappointed pursuant to this section unless his or her name is submitted by that appropriate organization.
Amended by Stats. 1987, Ch. 1102, Sec. 3.
(a)Except as otherwise provided in this section, the terms of the members of the commission shall be three calendar years, commencing January 1 of the year of appointment. No member shall serve more than two consecutive full terms; provided, however, that a term or part of a term served pursuant to paragraph (1) or (2) of subdivision (b) shall not be included in this limitation.
(b)(1)
The first members appointed on or after January 1, 1985, pursuant to subdivisions (a), (b), (c), and (d) of Section 1799.2 shall serve from the date of appointment to the end of that calendar year, plus one additional year.
(2)The first members appointed on or after January 1, 1985, pursuant to subdivisions (e), (f), (g), (h), and (i) of Section 1799.2 shall serve from the date of appointment to the end of that calendar year, plus two additional years.
(3)The first members appointed on or after January 1, 1985, pursuant to subdivisions (j), (k), and (m) of Section 1799.2 shall be from the date of appointment to the end of that calendar year, plus three additional years.
(4)The first member appointed on or after January 1, 1985, pursuant to subdivision (
l) of Section 1799.2 shall serve from the date of appointment to the end of that calendar year, plus one additional year, and the second member shall serve from the date of appointment to the end of that calendar year, plus two additional years.
(5)The first member appointed pursuant to subdivision (n) of Section 1799.2 shall serve from the date of appointment to the end of the 1991 calendar year.
(6)It is the purpose of this subdivision to provide for staggered terms for the members of the commission.
Added by Stats. 1980, Ch. 1260.
The members of the commission shall receive no compensation for their services, but shall be reimbursed for their actual, necessary, traveling and other expenses incurred in the discharge of their duties.
Added by Stats. 1980, Ch. 1260.
The commission shall select a chairperson from its members and shall meet at least quarterly on the call of the director, the chairperson, or three members of the commission.
Amended by Stats. 1986, Ch. 248, Sec. 138.
The commission shall review and approve regulations, standards, and guidelines to be developed by the authority for implementation of this division.
Added by Stats. 1980, Ch. 1260.
The commission shall advise the authority on the development of an emergency medical data collection system.
Added by Stats. 1980, Ch. 1260.
The commission shall advise the director concerning the assessment of emergency facilities and services.
Added by Stats. 1980, Ch. 1260.
The commission shall advise the director with regard to communications, medical equipment, training personnel, facilities, and other components of an emergency medical services system.
Amended by Stats. 1996, Ch. 1023, Sec. 175. Effective September 29, 1996.
The commission shall review and comment upon the emergency medical services portion of the State Health Facilities and Service Plan developed pursuant to Section 127155.
Added by Stats. 1980, Ch. 1260.
Based upon evaluations of the EMS systems in the state and their coordination, the commission shall make recommendations for further development and future directions of the emergency medical services in the state.
Added by Stats. 1980, Ch. 1260.
The commission may utilize technical advisory panels established pursuant to the provisions of Section 1797.133 as are needed to assist in developing standards for emergency medical services.
Amended by Stats. 2008, Ch. 363, Sec. 3. Effective January 1, 2009.
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.
Added by Stats. 2020, Ch. 352, Sec. 2. (AB 2717) Effective January 1, 2021.
(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)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)Determines the vehicle is locked or there is otherwise
no reasonable manner for the child to be removed from the vehicle.
(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)Has contacted a local law enforcement agency, the fire department, or the “911” emergency service prior to forcibly entering the vehicle.
(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)Used no more force to enter the vehicle and remove the child from the vehicle than was necessary under the circumstances.
(F)Immediately turns the child over to a representative from law enforcement or another emergency responder who responds to the scene.
(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)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)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)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)For purposes of this section, “child” means a child who is six years of age or younger.
Amended by Stats. 2009, Ch. 77, Sec. 1. Effective August 6, 2009. Note: As referenced in subd. (d), subds. (b) and (c) were added in the amendment by Stats. 2009, Ch. 77.
(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)(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)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)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)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.
Added by Stats. 2013, Ch. 591, Sec. 1. (AB 633) Effective January 1, 2014.
(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)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)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)This section does not impose any express or implied duty on an employer to train its employees regarding emergency medical services or cardiopulmonary resuscitation.
Added by Stats. 1980, Ch. 1260.
(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.
Added by Stats. 1988, Ch. 1192, Sec. 1.
(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.
Amended by Stats. 2012, Ch. 69, Sec. 2. (SB 1365) Effective January 1, 2013.
(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)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.
Amended by Stats. 1998, Ch. 617, Sec. 1. Effective January 1, 1999.
(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.
Amended by Stats. 1986, Ch. 248, Sec. 139.
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.
Amended by Stats. 2025, Ch. 98, Sec. 2. (AB 463) Effective January 1, 2026.
(a)The Legislature finds and declares all of the following:
(1)California residents receive comfort and unconditional love on a daily basis from their household pets, particularly dogs and cats.
(2)California residents benefit from the special support, comfort, guidance, companionship, and therapy provided by dogs and cats.
(3)Pets provide critical support to many California residents with disabilities.
(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)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)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 any provision of Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code resulting from the provision of care described in this
subdivision.
(c)Civil liability for a person who is not a veterinarian who provides care to a pet or other domesticated animal during an emergency is governed by the following:
(1)Subdivision (a) of Section 1799.102 governs care provided by an emergency responder, or law enforcement and emergency personnel specified in this chapter.
(2)Subdivision (b) of Section 1799.102 governs care provided by any person other than an individual described in paragraph (1).
(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)For purposes of this section, the following definitions apply:
(1)“Cat” means a small domesticated feline animal that is kept as a pet. “Cat” does not include nondomesticated wild animals.
(2)“Dog” means a domesticated canine animal owned for companionship, service, therapeutic, or assistance purposes.
(3)“Emergency responder” means a person who is certified or licensed to provide emergency medical services.
(4)“Employer” means an entity or organization that employs or enlists the services of an emergency responder.
(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)Administering oxygen.
(B)Managing ventilation by mask.
(C)Manually clearing the upper airway, not including tracheal intubation or surgical procedures.
(D)Controlling hemorrhage with direct pressure.
(E)Bandaging for the purpose of stopping bleeding.
(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.
Added by Stats. 1983, Ch. 1246, Sec. 41.
(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.
Amended by Stats. 2023, Ch. 637, Sec. 1. (SB 43) Effective January 1, 2024.
(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)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)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)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)The contacts required pursuant to this paragraph shall not begin after the time when the person becomes medically stable for transfer.
(3)The person is not detained beyond 24 hours.
(4)There is probable cause for the detention.
(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)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)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)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)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 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)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)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)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)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)This section does not expand the scope of licensure of clinical psychologists.
Amended by Stats. 2021, Ch. 615, Sec. 239. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.
(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 Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 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.
Added by Stats. 2023, Ch. 97, Sec. 1. (AB 1166) Effective January 1, 2024.
(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)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)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)For purposes of this section, both of the following apply:
(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)“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.
Added by Stats. 2023, Ch. 474, Sec. 1. (AB 1376) Effective January 1, 2024.
(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)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)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)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)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)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)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.
Added by renumbering Section 1199.200 by Stats. 1991, Ch. 1091, Sec. 68.
(a)The State Department of Health Services shall contract with an organization with expertise in program evaluation, pediatric emergency medical services, and critical care, for the purposes specified in subdivision (b).
(b)The contractor, in consultation with a professional pediatric association, a professional emergency physicians association, a professional emergency medical services medical directors association, the Emergency Medical Services Authority, and the State Department of Health Services, shall perform a study that will identify the outcome criteria which can be used to evaluate pediatric critical care systems. This study shall include, but not be limited to, all of the following:
(1)Development of criteria to identify how changes in pediatric critical care systems affect the treatment of critically ill and injured children.
(2)Development of criteria to compare the systems in place in various areas of the state.
(3)Determination of whether the necessary data is currently available.
(4)Estimate of the cost to providers, such as emergency medical service agencies and hospitals, of collecting this data.
(5)Recommendations concerning the most reliable and cost-effective monitoring plan for use by agencies and facilities at the state, regional, and local levels.
Added by renumbering Section 1199.201 by Stats. 1991, Ch. 1091, Sec. 69.
The contractor shall submit the results of the study to the Legislature and the Governor not later than January 1, 1991.
Added by Stats. 1996, Ch. 197, Sec. 3. Effective July 22, 1996.
This chapter shall be known and may be cited as the California Emergency Medical Services for Children Act of 1996.
Amended by Stats. 2001, Ch. 171, Sec. 3. Effective August 10, 2001.
(a)For purposes of this chapter, the following definitions apply:
(1)“EMSC Program” means the Emergency Medical Services For Children Program administered by the authority.
(2)“Technical advisory committee” means a multidisciplinary committee with pediatric emergency medical services, pediatric critical care, or other related expertise.
(3)“EMSC component” means the part of the local agency’s EMS plan that outlines the training, transportation, basic and advanced life support care requirements, and emergency department and hospital pediatric capabilities within a local jurisdiction.
(b)Contingent upon available funding, an Emergency Medical Services For Children Program is hereby established within the authority.
(c)The authority shall do the following to implement the EMSC Program:
(1)Employ or contract with professional, technical, research, and clerical staff as necessary to implement this chapter.
(2)Provide advice and technical assistance to local EMS agencies on the integration of an EMSC Program into their EMS system.
(3)Oversee implementation of the EMSC Program by local EMS agencies.
(4)Establish an EMSC technical advisory committee.
(5)Facilitate cooperative interstate relationships to provide appropriate care for pediatric patients who must cross state borders to receive emergency and critical care services.
(6)Work cooperatively and in a coordinated manner with the State Department of Health Services and other public and private agencies in the development of standards and policies for the delivery of emergency and critical care services to children.
(7)On or before March 1, 2000, produce a report for the Legislature describing any progress on implementation of this chapter. The report
shall contain, but not be limited to, a description of the status of emergency medical services for children at both the state and local levels, the recommendation for training, protocols, and special medical equipment for emergency services for children, an estimate of the costs and benefits of the services and programs authorized by this chapter, and a calculation of the number of children served by the EMSC system.
Added by Stats. 1996, Ch. 197, Sec. 3. Effective July 22, 1996.
A local EMS agency may develop an EMSC Program in its jurisdiction, contingent upon available funding. If a local EMS agency develops an EMSC Program in its jurisdiction, the local EMS agency shall develop and incorporate in its EMS plan an EMSC component that complies with EMS plan requirements. The EMSC component shall include, but need not be limited to, the following:
(a)EMSC system planning, implementation, and management.
(b)Injury and illness prevention planning, that includes, among other things, coordination, education, and data collection.
(c)Care rendered to patients outside the hospital.
(d)Emergency department care.
(e)Interfacility consultation, transfer, and transport.
(f)Pediatric critical care and pediatric trauma services.
(g)General trauma centers with pediatric considerations.
(h)Pediatric rehabilitation plans that include, among other things, data collection and evaluation, education on early detection of need for referral, and proper referral of pediatric patients.
(i)Children with special EMS needs outside the hospital.
(j)Information management and system evaluation.
Added by Stats. 1996, Ch. 197, Sec. 3. Effective July 22, 1996.
The authority may solicit and accept grant funding from public and private sources to supplement state funds.
Added by Stats. 2024, Ch. 943, Sec. 1. (AB 1843) Effective January 1, 2025.
(a)An emergency ambulance provider shall offer to all emergency ambulance employees, upon the employee’s request, peer support services. The services shall provide peer representatives, reflective of the provider’s workforce both in job positions and personal experiences, who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues. The emergency ambulance provider shall incorporate selection criteria for peer support team members into program policies.
(b)For purposes of this chapter, the following definitions apply:
(1)“Confidential communication”
means any information, including, but not limited to, written or oral communication, transmitted between an emergency ambulance employee, a peer support team member, or a crisis hotline or crisis referral service staff member while the peer support team member provides peer support services or the crisis hotline or crisis referral service staff member provides crisis services and in confidence by a means that, as far as the emergency ambulance employee is aware, does not disclose the information to third parties other than those who are present to further the interests of the emergency ambulance employee in delivery of peer support services or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the peer support team member is providing services. “Confidential communication” does not include a communication in
which an emergency ambulance employee discloses the commission of a crime or a communication that reveals the emergency ambulance employee’s intent to defraud or deceive an investigation into a critical incident.
(2)“Crisis referral services” include all public or private organizations that provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. Neither crisis referral services nor crisis hotlines include services provided by an employee association, labor relations representative, or labor relations organization, or any entity owned or operated by an employee association, labor relations representative, or labor relations organization.
(3)“Critical incident” means an event or situation that involves crisis, disaster, trauma, or emergency.
(4)“Critical incident stress” means the acute or cumulative psychological stress or trauma that emergency ambulance personnel may experience in providing emergency services in response to a critical incident. The stress or trauma is an unusually strong emotional, cognitive, behavioral, or physical reaction that may interfere with normal functioning and could lead to post-traumatic stress injuries, including, but not limited to, one or more of the following:
(A)Physical and emotional illness.
(B)Failure of usual coping mechanisms.
(C)Loss of
interest in the job or normal life activities.
(D)Personality changes.
(E)Loss of ability to function.
(F)Psychological disruption of personal life, including their relationship with a spouse, child, or friend.
(5)“Emergency ambulance employee” means a person who meets both of the following requirements:
(A)Is an emergency medical technician, dispatcher, paramedic, or other licensed or certified ambulance transport person who contributes to the delivery of ambulance services.
(B)Is employed by an emergency ambulance provider.
(6)“Emergency ambulance provider” means an employer that provides ambulance services, but not including the state, or any political subdivision thereof, in its capacity as the direct employer of a person meeting the description contained in subparagraph (A) of paragraph (5).
(A)“Emergency ambulance provider” does not include a provider that satisfies both of the following criteria:
(i)The provider operates emergency medical services aircraft.
(ii) The provider does not operate any ground ambulance services.
(B) For purposes of this paragraph, “emergency medical services aircraft” includes any
aircraft utilized for the purpose of prehospital emergency patient response and transport as air service. These aircraft are specially constructed, modified, or equipped and used for the primary purposes of responding to emergency calls and transporting critically ill or injured patients whose medical flight crew has, at a minimum, two attendants certified or licensed in advanced life support.
(C) For purposes of this paragraph, “ground ambulance services” means the emergency, including advanced life support services, and nonemergency transportation of a person by an individual licensed pursuant to Article 1 (commencing with Section 2500) and Article 2 (commending with Section 2510) of Chapter 2.5 of Division 2 of the Vehicle Code and health care services are provided to a patient for the duration of the transportation.
(7)“Peer support program” means a program administered by the emergency ambulance provider to deliver peer support services to emergency ambulance employees consistent with this chapter.
(8)“Peer support services” means authorized peer support services provided by a peer support team member to emergency ambulance employees and their immediate families affected by a critical incident or the cumulative effect of witnessing multiple critical incidents. Peer support services assist those affected by a critical incident in coping with critical incident stress and mitigating reactions to critical incident stress, including reducing the risk of post-traumatic stress and other injuries. Peer support services may include any of the following:
(A)Precrisis education.
(B)Critical incident stress defusings.
(C)Critical incident stress debriefings.
(D)On-scene support services.
(E)One-on-one support services.
(F)Consultation.
(G)Referral services.
(H)Confidentiality obligations.
(I)The impact of toxic stress on health and well-being.
(J)Grief support.
(K)Substance abuse awareness and approaches.
(L)Active listening skills.
(M)Psychological first aid.
(9)“Peer support team” means a team or teams composed of emergency ambulance employees, hospital staff, clergy, and educators who have completed a peer support training course.
(10)“Peer support team member” means an emergency ambulance employee who has completed an approved peer support training course.
Added by Stats. 2024, Ch. 943, Sec. 1. (AB 1843) Effective January 1, 2025.
(a)A peer support program shall be implemented through a labor-management agreement negotiated separately and apart from any collective bargaining agreement covering affected emergency ambulance employees. The labor-management agreement may cover topics, including any of the following:
(1)Program structure and administration.
(2)Selection and training of peer support team members.
(3)Peer support operations.
(4)Program evaluation, monitoring, and continuous improvement.
(5)Funding.
(6)Dispute resolution and program amendments.
(b)Sessions provided by a peer support program shall not count toward the total number of mental health treatments per issue required by Section 884 of the Labor Code.
Added by Stats. 2024, Ch. 943, Sec. 1. (AB 1843) Effective January 1, 2025.
(a)In any civil, administrative, or arbitration proceeding, an emergency ambulance employee, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency ambulance employee and a peer support team member made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service.
(b)Notwithstanding subdivision (a), a confidential communication described in subdivision (a) may be disclosed only under any of the following circumstances:
(1)The peer support team member reasonably must make an appropriate referral of the emergency ambulance employee to, or consult about the emergency ambulance employee with, another member of the peer support team or a peer support team clinician associated with the peer support team.
(2)The peer support team member, crisis hotline, or crisis referral service reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime.
(3)The peer support team member reasonably believes that disclosure is necessary pursuant to an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code, or other obligation to disclose or report as a mandated reporter.
(4)The disclosure is made pursuant to a court order in a civil proceeding.
(5)In a criminal proceeding.
(6)If otherwise required by law.
(7)The emergency ambulance employee expressly agrees in writing that the confidential communication may be disclosed.
(c)Before an emergency ambulance employee participates in a peer support program, a peer support team member shall inform the emergency ambulance employee, in writing, of the confidentiality requirement described in subdivision (a) and the exceptions to that requirement described in subdivision (b).
Added by Stats. 2024, Ch. 943, Sec. 1. (AB 1843) Effective January 1, 2025.
(a)Except as otherwise provided in subdivision (b), an emergency ambulance employee who provides peer support services as a member of a peer support team and who has received training, and the ambulance agency that employs them, shall not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct.
(b)Subdivision (a) does not apply to an action for medical malpractice.
(c)A person described in
subdivision (a) shall not provide peer support services if, when serving in a peer support role, the individual’s relationship with a peer support recipient could reasonably be expected to impair objectivity, competence, or effectiveness in providing peer support, or otherwise risk exploitation or harm to a peer support recipient.
(d)A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient were both involved in the same specific traumatic incident, unless the incident is a large-scale incident.
(e)A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient are both involved
in the same active or ongoing investigation.
Added by Stats. 2024, Ch. 943, Sec. 1. (AB 1843) Effective January 1, 2025.
To be eligible for the confidentiality protections afforded by this chapter, a peer support team member shall complete a training course or courses on peer support approved by the emergency ambulance provider that may include, but is not limited to, the following:
(a)Precrisis education.
(b)Critical incident stress defusings.
(c)Critical incident stress debriefings.
(d)On-scene support services.
(e)One-on-one support services.
(f)Consultation.
(g)Referral services.
(h)Confidentiality obligations.
(i)The impact of toxic stress on health and well-being.
(j)Grief support.
(k)Substance abuse awareness and approaches.
(l)Active listening skills.
(m)Stress management.
(n)Psychological first aid.