CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1166Introduced by Assembly Member BainsFebruary 16, 2023 An act to add Section 1799.113 to the Health and Safety Code, relating to emergency response. LEGISLATIVE COUNSEL'S DIGESTAB 1166, as introduced, Bains. Liability for naloxone hydrochloride administration. Existing law provides that a person who, in good faith and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency is not liable for civil damages resulting from an act or omission other than an act or omission constituting gross negligence or willful or wanton misconduct.This bill would provide that a person who is not trained in emergency medical services or as a health care provider and who, in good faith and not for compensation, renders treatment at the scene of an opioid overdose or suspected opioid overdose by administering naloxone hydrochloride is not liable for civil damages resulting from an act or omission. The bill would also provide that a person who furnishes naloxone hydrochloride to that untrained person for use at the scene of an opioid overdose or suspected opioid overdose is not liable for civil damages resulting from an act or omission.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1799.113 is added to the Health and Safety Code, to read:1799.113. (a) A person who is not trained in emergency medical services or as a health care provider and who, in good faith and not for compensation, renders treatment at the scene of an opioid overdose or suspected opioid overdose by administering naloxone hydrochloride shall not be liable for civil damages resulting from an act or omission.(b) A person who, in good faith, furnishes naloxone hydrochloride to a person who is not trained in emergency medical services or as a health care provider 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.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1166Introduced by Assembly Member BainsFebruary 16, 2023 An act to add Section 1799.113 to the Health and Safety Code, relating to emergency response. LEGISLATIVE COUNSEL'S DIGESTAB 1166, as introduced, Bains. Liability for naloxone hydrochloride administration. Existing law provides that a person who, in good faith and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency is not liable for civil damages resulting from an act or omission other than an act or omission constituting gross negligence or willful or wanton misconduct.This bill would provide that a person who is not trained in emergency medical services or as a health care provider and who, in good faith and not for compensation, renders treatment at the scene of an opioid overdose or suspected opioid overdose by administering naloxone hydrochloride is not liable for civil damages resulting from an act or omission. The bill would also provide that a person who furnishes naloxone hydrochloride to that untrained person for use at the scene of an opioid overdose or suspected opioid overdose is not liable for civil damages resulting from an act or omission.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1166
Introduced by Assembly Member BainsFebruary 16, 2023
Introduced by Assembly Member Bains
February 16, 2023
An act to add Section 1799.113 to the Health and Safety Code, relating to emergency response.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1166, as introduced, Bains. Liability for naloxone hydrochloride administration.
Existing law provides that a person who, in good faith and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency is not liable for civil damages resulting from an act or omission other than an act or omission constituting gross negligence or willful or wanton misconduct.This bill would provide that a person who is not trained in emergency medical services or as a health care provider and who, in good faith and not for compensation, renders treatment at the scene of an opioid overdose or suspected opioid overdose by administering naloxone hydrochloride is not liable for civil damages resulting from an act or omission. The bill would also provide that a person who furnishes naloxone hydrochloride to that untrained person for use at the scene of an opioid overdose or suspected opioid overdose is not liable for civil damages resulting from an act or omission.
Existing law provides that a person who, in good faith and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency is not liable for civil damages resulting from an act or omission other than an act or omission constituting gross negligence or willful or wanton misconduct.
This bill would provide that a person who is not trained in emergency medical services or as a health care provider and who, in good faith and not for compensation, renders treatment at the scene of an opioid overdose or suspected opioid overdose by administering naloxone hydrochloride is not liable for civil damages resulting from an act or omission. The bill would also provide that a person who furnishes naloxone hydrochloride to that untrained person for use at the scene of an opioid overdose or suspected opioid overdose is not liable for civil damages resulting from an act or omission.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1799.113 is added to the Health and Safety Code, to read:1799.113. (a) A person who is not trained in emergency medical services or as a health care provider and who, in good faith and not for compensation, renders treatment at the scene of an opioid overdose or suspected opioid overdose by administering naloxone hydrochloride shall not be liable for civil damages resulting from an act or omission.(b) A person who, in good faith, furnishes naloxone hydrochloride to a person who is not trained in emergency medical services or as a health care provider 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1799.113 is added to the Health and Safety Code, to read:1799.113. (a) A person who is not trained in emergency medical services or as a health care provider and who, in good faith and not for compensation, renders treatment at the scene of an opioid overdose or suspected opioid overdose by administering naloxone hydrochloride shall not be liable for civil damages resulting from an act or omission.(b) A person who, in good faith, furnishes naloxone hydrochloride to a person who is not trained in emergency medical services or as a health care provider 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.
SECTION 1. Section 1799.113 is added to the Health and Safety Code, to read:
### SECTION 1.
1799.113. (a) A person who is not trained in emergency medical services or as a health care provider and who, in good faith and not for compensation, renders treatment at the scene of an opioid overdose or suspected opioid overdose by administering naloxone hydrochloride shall not be liable for civil damages resulting from an act or omission.(b) A person who, in good faith, furnishes naloxone hydrochloride to a person who is not trained in emergency medical services or as a health care provider 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.
1799.113. (a) A person who is not trained in emergency medical services or as a health care provider and who, in good faith and not for compensation, renders treatment at the scene of an opioid overdose or suspected opioid overdose by administering naloxone hydrochloride shall not be liable for civil damages resulting from an act or omission.(b) A person who, in good faith, furnishes naloxone hydrochloride to a person who is not trained in emergency medical services or as a health care provider 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.
1799.113. (a) A person who is not trained in emergency medical services or as a health care provider and who, in good faith and not for compensation, renders treatment at the scene of an opioid overdose or suspected opioid overdose by administering naloxone hydrochloride shall not be liable for civil damages resulting from an act or omission.(b) A person who, in good faith, furnishes naloxone hydrochloride to a person who is not trained in emergency medical services or as a health care provider 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.
1799.113. (a) A person who is not trained in emergency medical services or as a health care provider and who, in good faith and not for compensation, renders treatment at the scene of an opioid overdose or suspected opioid overdose by administering naloxone hydrochloride shall not be liable for civil damages resulting from an act or omission.
(b) A person who, in good faith, furnishes naloxone hydrochloride to a person who is not trained in emergency medical services or as a health care provider 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.