Cal. Health & Saf. Code § 1799.303

Current through 2024 Legislative Session
Section 1799.303 - [Effective 1/1/2025] No liability for providing services; malpractice exception; exclusions
(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.

Ca. Health and Saf. Code § 1799.303

Added by Stats 2024 ch 943 (AB 1843),s 1, eff. 1/1/2025.