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| 1 | + | Amended IN Assembly March 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 369Introduced by Assembly Member Michelle RodriguezFebruary 03, 2025 An act to amend Section 1714.2 of add Section 1714.27 to the Civil Code, relating to emergency services.LEGISLATIVE COUNSEL'S DIGESTAB 369, as amended, Michelle Rodriguez. Emergency services: liability.Existing law, the Seizure Safe Schools Act, if a pupil diagnosed with seizures, a seizure disorder, or epilepsy has been prescribed an emergency anti-seizure medication by the pupils health care provider, authorizes the pupils local educational agency, upon receipt of a request from the pupils parent or guardian, to designate one or more volunteers at the pupils school to receive initial and annual refresher training regarding the emergency use of anti-seizure medication and authorizes a school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer who has been designated and received training regarding the emergency use of anti-seizure medication, to administer emergency anti-seizure medication to a pupil diagnosed with seizures, a seizure disorder, or epilepsy if the pupil is suffering from a seizure. Existing law, notwithstanding any other law, excuses a person trained as required who administers emergency anti-seizure medication or medication prescribed for seizure disorder symptoms in compliance with these provisions, in good faith and not for compensation, to a pupil diagnosed with seizures, a seizure disorder, or epilepsy who appears to be experiencing a seizure, from professional review, liability in a civil action, or criminal prosecution for the persons acts or omissions in administering the emergency anti-seizure medication, as specified. Existing law also, notwithstanding any other law, similarly excuses a person who is not otherwise licensed to administer an opioid antagonist but who has required training, who acts with reasonable care in administering an opioid antagonist, in good faith and not for compensation, to a person who is experiencing or is suspected of experiencing an overdose, from professional review, liability in a civil action, or criminal prosecution for this administration.This bill, notwithstanding any other law, would excuse a person who is otherwise not licensed to administer anti-seizure rescue medication, but who acts with reasonable care in administering anti-seizure rescue medication, in good faith and not for compensation, to a person who is experiencing, or is suspected of experiencing, a seizure, from professional review, liability in a civil action, or criminal prosecution for that administration of anti-seizure rescue medication.Existing law provides that a person who has completed a basic cardiopulmonary resuscitation course, as specified, and who, in good faith, renders emergency cardiopulmonary resuscitation at the scene of an emergency shall not be liable for any civil damages as a result of any acts or omissions by such person rendering the emergency care, as specified. Existing law provides similar protections to specified government agencies and instructors.This bill would make nonsubstantive changes to those provisions.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 1714.27 is added to the Civil Code, to read:1714.27. Notwithstanding any other law, a person not otherwise licensed to administer anti-seizure rescue medication, but who acts with reasonable care in administering anti-seizure rescue medication, in good faith and not for compensation, to a person who is experiencing, or is suspected of experiencing, a seizure shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for this administration.SECTION 1.Section 1714.2 of the Civil Code is amended to read:1714.2.(a)In order to encourage citizens to participate in emergency medical services training programs and to render emergency medical services to fellow citizens, a person who has completed a basic cardiopulmonary resuscitation course which complies with the standards adopted by the American Heart Association or the American Red Cross for cardiopulmonary resuscitation and emergency cardiac care, and who, in good faith, renders emergency cardiopulmonary resuscitation at the scene of an emergency shall not be liable for any civil damages as a result of any acts or omissions by that person rendering the emergency care.(b)This section shall not be construed to grant immunity from civil damages to any person whose conduct in rendering that emergency care constitutes gross negligence.(c)In order to encourage local agencies and other organizations to train citizens in cardiopulmonary resuscitation techniques, a local agency, entity of state or local government, or other public or private organization which sponsors, authorizes, supports, finances, or supervises the training of citizens in cardiopulmonary resuscitation shall not be liable for any civil damages alleged to result from those training programs.(d)In order to encourage qualified individuals to instruct citizens in cardiopulmonary resuscitation, a person who is certified to instruct in cardiopulmonary resuscitation by either the American Heart Association or the American Red Cross shall not be liable for any civil damages alleged to result from the acts or omissions of an individual who received instruction on cardiopulmonary resuscitation by that certified instructor.(e)This section shall not be construed to grant immunity from civil damages to any person who renders such emergency care to an individual with the expectation of receiving compensation from the individual for providing the emergency care. | |
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| 3 | + | Amended IN Assembly March 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 369Introduced by Assembly Member Michelle RodriguezFebruary 03, 2025 An act to amend Section 1714.2 of add Section 1714.27 to the Civil Code, relating to emergency services.LEGISLATIVE COUNSEL'S DIGESTAB 369, as amended, Michelle Rodriguez. Emergency services: liability.Existing law, the Seizure Safe Schools Act, if a pupil diagnosed with seizures, a seizure disorder, or epilepsy has been prescribed an emergency anti-seizure medication by the pupils health care provider, authorizes the pupils local educational agency, upon receipt of a request from the pupils parent or guardian, to designate one or more volunteers at the pupils school to receive initial and annual refresher training regarding the emergency use of anti-seizure medication and authorizes a school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer who has been designated and received training regarding the emergency use of anti-seizure medication, to administer emergency anti-seizure medication to a pupil diagnosed with seizures, a seizure disorder, or epilepsy if the pupil is suffering from a seizure. Existing law, notwithstanding any other law, excuses a person trained as required who administers emergency anti-seizure medication or medication prescribed for seizure disorder symptoms in compliance with these provisions, in good faith and not for compensation, to a pupil diagnosed with seizures, a seizure disorder, or epilepsy who appears to be experiencing a seizure, from professional review, liability in a civil action, or criminal prosecution for the persons acts or omissions in administering the emergency anti-seizure medication, as specified. Existing law also, notwithstanding any other law, similarly excuses a person who is not otherwise licensed to administer an opioid antagonist but who has required training, who acts with reasonable care in administering an opioid antagonist, in good faith and not for compensation, to a person who is experiencing or is suspected of experiencing an overdose, from professional review, liability in a civil action, or criminal prosecution for this administration.This bill, notwithstanding any other law, would excuse a person who is otherwise not licensed to administer anti-seizure rescue medication, but who acts with reasonable care in administering anti-seizure rescue medication, in good faith and not for compensation, to a person who is experiencing, or is suspected of experiencing, a seizure, from professional review, liability in a civil action, or criminal prosecution for that administration of anti-seizure rescue medication.Existing law provides that a person who has completed a basic cardiopulmonary resuscitation course, as specified, and who, in good faith, renders emergency cardiopulmonary resuscitation at the scene of an emergency shall not be liable for any civil damages as a result of any acts or omissions by such person rendering the emergency care, as specified. Existing law provides similar protections to specified government agencies and instructors.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
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| 5 | + | Amended IN Assembly March 10, 2025 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 09, 2025 | |
| 8 | 7 | Amended IN Assembly March 10, 2025 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 369 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Michelle RodriguezFebruary 03, 2025 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Michelle Rodriguez | |
| 19 | 18 | February 03, 2025 | |
| 20 | 19 | ||
| 21 | - | An act to add Section 1714.27 to the Civil Code, relating to emergency services. | |
| 20 | + | An act to amend Section 1714.2 of add Section 1714.27 to the Civil Code, relating to emergency services. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | AB 369, as amended, Michelle Rodriguez. Emergency services: liability. | |
| 28 | 27 | ||
| 29 | - | Existing law, the Seizure Safe Schools Act, if a pupil diagnosed with seizures, a seizure disorder, or epilepsy has been prescribed an emergency anti-seizure medication by the pupils health care provider, authorizes the pupils local educational agency, upon receipt of a request from the pupils parent or guardian, to designate one or more volunteers at the pupils school to receive initial and annual refresher training regarding the emergency use of anti-seizure medication and authorizes a school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer who has been designated and received training regarding the emergency use of anti-seizure medication, to administer emergency anti-seizure medication to a pupil diagnosed with seizures, a seizure disorder, or epilepsy if the pupil is suffering from a seizure. Existing law, notwithstanding any other law, excuses a person trained as required who administers emergency anti-seizure medication or medication prescribed for seizure disorder symptoms in compliance with these provisions, in good faith and not for compensation, to a pupil diagnosed with seizures, a seizure disorder, or epilepsy who appears to be experiencing a seizure, from professional review, liability in a civil action, or criminal prosecution for the persons acts or omissions in administering the emergency anti-seizure medication, as specified. Existing law also, notwithstanding any other law, similarly excuses a person who is not otherwise licensed to administer an opioid antagonist but who has required training, who acts with reasonable care in administering an opioid antagonist, in good faith and not for compensation, to a person who is experiencing or is suspected of experiencing an overdose, from professional review, liability in a civil action, or criminal prosecution for this administration.This bill, notwithstanding any other law, would excuse a person who is otherwise not licensed to administer anti-seizure rescue medication, but who acts with reasonable care in administering | |
| 28 | + | Existing law, the Seizure Safe Schools Act, if a pupil diagnosed with seizures, a seizure disorder, or epilepsy has been prescribed an emergency anti-seizure medication by the pupils health care provider, authorizes the pupils local educational agency, upon receipt of a request from the pupils parent or guardian, to designate one or more volunteers at the pupils school to receive initial and annual refresher training regarding the emergency use of anti-seizure medication and authorizes a school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer who has been designated and received training regarding the emergency use of anti-seizure medication, to administer emergency anti-seizure medication to a pupil diagnosed with seizures, a seizure disorder, or epilepsy if the pupil is suffering from a seizure. Existing law, notwithstanding any other law, excuses a person trained as required who administers emergency anti-seizure medication or medication prescribed for seizure disorder symptoms in compliance with these provisions, in good faith and not for compensation, to a pupil diagnosed with seizures, a seizure disorder, or epilepsy who appears to be experiencing a seizure, from professional review, liability in a civil action, or criminal prosecution for the persons acts or omissions in administering the emergency anti-seizure medication, as specified. Existing law also, notwithstanding any other law, similarly excuses a person who is not otherwise licensed to administer an opioid antagonist but who has required training, who acts with reasonable care in administering an opioid antagonist, in good faith and not for compensation, to a person who is experiencing or is suspected of experiencing an overdose, from professional review, liability in a civil action, or criminal prosecution for this administration.This bill, notwithstanding any other law, would excuse a person who is otherwise not licensed to administer anti-seizure rescue medication, but who acts with reasonable care in administering anti-seizure rescue medication, in good faith and not for compensation, to a person who is experiencing, or is suspected of experiencing, a seizure, from professional review, liability in a civil action, or criminal prosecution for that administration of anti-seizure rescue medication.Existing law provides that a person who has completed a basic cardiopulmonary resuscitation course, as specified, and who, in good faith, renders emergency cardiopulmonary resuscitation at the scene of an emergency shall not be liable for any civil damages as a result of any acts or omissions by such person rendering the emergency care, as specified. Existing law provides similar protections to specified government agencies and instructors.This bill would make nonsubstantive changes to those provisions. | |
| 30 | 29 | ||
| 31 | 30 | Existing law, the Seizure Safe Schools Act, if a pupil diagnosed with seizures, a seizure disorder, or epilepsy has been prescribed an emergency anti-seizure medication by the pupils health care provider, authorizes the pupils local educational agency, upon receipt of a request from the pupils parent or guardian, to designate one or more volunteers at the pupils school to receive initial and annual refresher training regarding the emergency use of anti-seizure medication and authorizes a school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer who has been designated and received training regarding the emergency use of anti-seizure medication, to administer emergency anti-seizure medication to a pupil diagnosed with seizures, a seizure disorder, or epilepsy if the pupil is suffering from a seizure. Existing law, notwithstanding any other law, excuses a person trained as required who administers emergency anti-seizure medication or medication prescribed for seizure disorder symptoms in compliance with these provisions, in good faith and not for compensation, to a pupil diagnosed with seizures, a seizure disorder, or epilepsy who appears to be experiencing a seizure, from professional review, liability in a civil action, or criminal prosecution for the persons acts or omissions in administering the emergency anti-seizure medication, as specified. Existing law also, notwithstanding any other law, similarly excuses a person who is not otherwise licensed to administer an opioid antagonist but who has required training, who acts with reasonable care in administering an opioid antagonist, in good faith and not for compensation, to a person who is experiencing or is suspected of experiencing an overdose, from professional review, liability in a civil action, or criminal prosecution for this administration. | |
| 32 | 31 | ||
| 33 | - | This bill, notwithstanding any other law, would excuse a person who is otherwise not licensed to administer anti-seizure rescue medication, but who acts with reasonable care in administering administers anti-seizure rescue medication, medication at the scene of an emergency, in good faith and not for compensation, to a person who is experiencing, or is suspected of experiencing, a seizure, from professional review, liability in a civil action, or criminal prosecution for that administration of anti-seizure rescue medication. medication so long as the persons conduct is not grossly negligent and does not constitute willful or wanton misconduct. | |
| 32 | + | This bill, notwithstanding any other law, would excuse a person who is otherwise not licensed to administer anti-seizure rescue medication, but who acts with reasonable care in administering anti-seizure rescue medication, in good faith and not for compensation, to a person who is experiencing, or is suspected of experiencing, a seizure, from professional review, liability in a civil action, or criminal prosecution for that administration of anti-seizure rescue medication. | |
| 33 | + | ||
| 34 | + | Existing law provides that a person who has completed a basic cardiopulmonary resuscitation course, as specified, and who, in good faith, renders emergency cardiopulmonary resuscitation at the scene of an emergency shall not be liable for any civil damages as a result of any acts or omissions by such person rendering the emergency care, as specified. Existing law provides similar protections to specified government agencies and instructors. | |
| 35 | + | ||
| 36 | + | ||
| 37 | + | ||
| 38 | + | This bill would make nonsubstantive changes to those provisions. | |
| 39 | + | ||
| 40 | + | ||
| 34 | 41 | ||
| 35 | 42 | ## Digest Key | |
| 36 | 43 | ||
| 37 | 44 | ## Bill Text | |
| 38 | 45 | ||
| 39 | - | The people of the State of California do enact as follows:SECTION 1. Section 1714.27 is added to the Civil Code, to read:1714.27. Notwithstanding any other law, a person not otherwise licensed to administer anti-seizure rescue medication, but who acts with reasonable care in administering | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1. Section 1714.27 is added to the Civil Code, to read:1714.27. Notwithstanding any other law, a person not otherwise licensed to administer anti-seizure rescue medication, but who acts with reasonable care in administering anti-seizure rescue medication, in good faith and not for compensation, to a person who is experiencing, or is suspected of experiencing, a seizure shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for this administration.SECTION 1.Section 1714.2 of the Civil Code is amended to read:1714.2.(a)In order to encourage citizens to participate in emergency medical services training programs and to render emergency medical services to fellow citizens, a person who has completed a basic cardiopulmonary resuscitation course which complies with the standards adopted by the American Heart Association or the American Red Cross for cardiopulmonary resuscitation and emergency cardiac care, and who, in good faith, renders emergency cardiopulmonary resuscitation at the scene of an emergency shall not be liable for any civil damages as a result of any acts or omissions by that person rendering the emergency care.(b)This section shall not be construed to grant immunity from civil damages to any person whose conduct in rendering that emergency care constitutes gross negligence.(c)In order to encourage local agencies and other organizations to train citizens in cardiopulmonary resuscitation techniques, a local agency, entity of state or local government, or other public or private organization which sponsors, authorizes, supports, finances, or supervises the training of citizens in cardiopulmonary resuscitation shall not be liable for any civil damages alleged to result from those training programs.(d)In order to encourage qualified individuals to instruct citizens in cardiopulmonary resuscitation, a person who is certified to instruct in cardiopulmonary resuscitation by either the American Heart Association or the American Red Cross shall not be liable for any civil damages alleged to result from the acts or omissions of an individual who received instruction on cardiopulmonary resuscitation by that certified instructor.(e)This section shall not be construed to grant immunity from civil damages to any person who renders such emergency care to an individual with the expectation of receiving compensation from the individual for providing the emergency care. | |
| 40 | 47 | ||
| 41 | 48 | The people of the State of California do enact as follows: | |
| 42 | 49 | ||
| 43 | 50 | ## The people of the State of California do enact as follows: | |
| 44 | 51 | ||
| 45 | - | SECTION 1. Section 1714.27 is added to the Civil Code, to read:1714.27. Notwithstanding any other law, a person not otherwise licensed to administer anti-seizure rescue medication, but who acts with reasonable care in administering | |
| 52 | + | SECTION 1. Section 1714.27 is added to the Civil Code, to read:1714.27. Notwithstanding any other law, a person not otherwise licensed to administer anti-seizure rescue medication, but who acts with reasonable care in administering anti-seizure rescue medication, in good faith and not for compensation, to a person who is experiencing, or is suspected of experiencing, a seizure shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for this administration. | |
| 46 | 53 | ||
| 47 | 54 | SECTION 1. Section 1714.27 is added to the Civil Code, to read: | |
| 48 | 55 | ||
| 49 | 56 | ### SECTION 1. | |
| 50 | 57 | ||
| 51 | - | 1714.27. Notwithstanding any other law, a person not otherwise licensed to administer anti-seizure rescue medication, but who acts with reasonable care in administering | |
| 58 | + | 1714.27. Notwithstanding any other law, a person not otherwise licensed to administer anti-seizure rescue medication, but who acts with reasonable care in administering anti-seizure rescue medication, in good faith and not for compensation, to a person who is experiencing, or is suspected of experiencing, a seizure shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for this administration. | |
| 52 | 59 | ||
| 53 | - | 1714.27. Notwithstanding any other law, a person not otherwise licensed to administer anti-seizure rescue medication, but who acts with reasonable care in administering | |
| 60 | + | 1714.27. Notwithstanding any other law, a person not otherwise licensed to administer anti-seizure rescue medication, but who acts with reasonable care in administering anti-seizure rescue medication, in good faith and not for compensation, to a person who is experiencing, or is suspected of experiencing, a seizure shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for this administration. | |
| 54 | 61 | ||
| 55 | - | 1714.27. Notwithstanding any other law, a person not otherwise licensed to administer anti-seizure rescue medication, but who acts with reasonable care in administering | |
| 62 | + | 1714.27. Notwithstanding any other law, a person not otherwise licensed to administer anti-seizure rescue medication, but who acts with reasonable care in administering anti-seizure rescue medication, in good faith and not for compensation, to a person who is experiencing, or is suspected of experiencing, a seizure shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for this administration. | |
| 56 | 63 | ||
| 57 | 64 | ||
| 58 | 65 | ||
| 59 | - | 1714.27. Notwithstanding any other law, a person not otherwise licensed to administer anti-seizure rescue medication, but who acts with reasonable care in administering administers anti-seizure rescue medication, medication at the scene of an emergency, in good faith and not for compensation, to a person who is experiencing, or is suspected of experiencing, a seizure shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for this administration. administration so long as the persons conduct is not grossly negligent and does not constitute willful or wanton misconduct. | |
| 66 | + | 1714.27. Notwithstanding any other law, a person not otherwise licensed to administer anti-seizure rescue medication, but who acts with reasonable care in administering anti-seizure rescue medication, in good faith and not for compensation, to a person who is experiencing, or is suspected of experiencing, a seizure shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for this administration. | |
| 67 | + | ||
| 68 | + | ||
| 69 | + | ||
| 70 | + | ||
| 71 | + | ||
| 72 | + | (a)In order to encourage citizens to participate in emergency medical services training programs and to render emergency medical services to fellow citizens, a person who has completed a basic cardiopulmonary resuscitation course which complies with the standards adopted by the American Heart Association or the American Red Cross for cardiopulmonary resuscitation and emergency cardiac care, and who, in good faith, renders emergency cardiopulmonary resuscitation at the scene of an emergency shall not be liable for any civil damages as a result of any acts or omissions by that person rendering the emergency care. | |
| 73 | + | ||
| 74 | + | ||
| 75 | + | ||
| 76 | + | (b)This section shall not be construed to grant immunity from civil damages to any person whose conduct in rendering that emergency care constitutes gross negligence. | |
| 77 | + | ||
| 78 | + | ||
| 79 | + | ||
| 80 | + | (c)In order to encourage local agencies and other organizations to train citizens in cardiopulmonary resuscitation techniques, a local agency, entity of state or local government, or other public or private organization which sponsors, authorizes, supports, finances, or supervises the training of citizens in cardiopulmonary resuscitation shall not be liable for any civil damages alleged to result from those training programs. | |
| 81 | + | ||
| 82 | + | ||
| 83 | + | ||
| 84 | + | (d)In order to encourage qualified individuals to instruct citizens in cardiopulmonary resuscitation, a person who is certified to instruct in cardiopulmonary resuscitation by either the American Heart Association or the American Red Cross shall not be liable for any civil damages alleged to result from the acts or omissions of an individual who received instruction on cardiopulmonary resuscitation by that certified instructor. | |
| 85 | + | ||
| 86 | + | ||
| 87 | + | ||
| 88 | + | (e)This section shall not be construed to grant immunity from civil damages to any person who renders such emergency care to an individual with the expectation of receiving compensation from the individual for providing the emergency care. |