California Good
Samaritan Act
Note: Two sections (of the Business
& Professional Code) apply to licensed medical providers, i.e. doctors
& nurses. One section (of the Health & Safety Code) applies to
EMS/FF/LEOs.
Ann.Cal.Bus. & Prof.Code §2395.
Emergency
care at scene of accident
No
licensee, who in good faith renders emergency care at the scene of an
emergency, shall be liable for any civil damages as a result of any acts or
omissions by such person in rendering the emergency care.
"The
scene of an emergency" as used in this section shall include, but not be
limited to, the emergency rooms of hospitals in the event of a medical
disaster. "Medical disaster" means a duly proclaimed state of
emergency or local emergency declared pursuant to the California Emergency
Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2
of the Government Code).
Acts
or omissions exempted from liability pursuant to this section shall include
those acts or omissions which occur after the declaration of a medical disaster
and those which occurred prior to such declaration but after the commencement
of such medical disaster. The immunity granted in this section shall not apply
in the event of a willful act or omission.
1990
(Added by Stats.1980, c. 1313, p. 4492, §2.)
Ann.Cal.Bus.
& Prof.Code §2396. Emergency care for complication arising from prior care
by another
No
licensee, who in good faith upon the request of another person so licensed,
renders emergency medical care to a person for medical complication arising
from prior care by another person so licensed, shall be liable for any civil
damages as a result of any acts or omissions by such licensed person in
rendering such emergency medical care.
1990
(Added by Stats.1980, c. 1313, p. 4492, §2.)
Ann.Cal.Health
& Safety Code §1799.106. Firefighters, law enforcement officers, emergency
medical technicians; employing agencies
In
addition to the provisions of Section 1799.104 of this code and of > 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, or EMT-P, a firefighter, police officer or other law
enforcement officer, EMT-I, EMT-II, or EMT-P who renders emergency medical
services at the scene of an emergency shall only be liable in civil damages for
acts or omissions performed in a grossly neglgent 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, or EMT-P shall
not be liable for civil damages if the firefighter, police officer or other law
enforcement officer, EMT-I, EMT-II, or EMT-P is not liable.
(1990 Added by Stats.1980, c. 1260, p. 4276, §7. Amended
by Stats.1983, c. 1246, §40.)