SECTIONS 2395-2398 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 2395-2398

2395. 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.

2395.5. (a) A licensee who serves on an on-call basis to a hospital
emergency room, who in good faith renders emergency obstetrical
services to a person while serving on-call, shall not be liable for
any civil damages as a result of any negligent act or omission by the
licensee in rendering the emergency obstetrical services. The
immunity granted by this section shall not apply to acts or omissions
constituting gross negligence, recklessness, or willful misconduct.
(b) The protections of subdivision (a) shall not apply to the
licensee in any of the following cases:
(1) Consideration in any form was provided to the licensee for
serving, or the licensee was required to serve, on an on-call basis
to the hospital emergency room. In either event, the protections of
subdivision (a) shall not apply unless the hospital expressly, in
writing, accepts liability for the licensee's negligent acts or
omissions.
(2) The licensee had provided prior medical diagnosis or treatment
to the same patient for a condition having a bearing on or relevance
to the treatment of the obstetrical condition which required
emergency services.
(3) Before rendering emergency obstetrical services, the licensee
had a contractual obligation or agreement with the patient, another
licensee, or a third-party payer on the patient's behalf to provide
obstetrical care for the patient, or the licensee had a reasonable
expectation of payment for the emergency services provided to the
patient.
(c) Except as provided in subdivision (b), nothing in this section
shall be construed to affect or modify the liability of the hospital
for ordinary or gross negligence.

2396. 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.

2397. (a) A licensee shall not be liable for civil damages for
injury or death caused in an emergency situation occurring in the
licensee's office or in a hospital on account of a failure to inform
a patient of the possible consequences of a medical procedure where
the failure to inform is caused by any of the following:
(1) The patient was unconscious.
(2) The medical procedure was undertaken without the consent of
the patient because the licensee reasonably believed that a medical
procedure should be undertaken immediately and that there was
insufficient time to fully inform the patient.
(3) A medical procedure was performed on a person legally
incapable of giving consent, and the licensee reasonably believed
that a medical procedure should be undertaken immediately and that
there was insufficient time to obtain the informed consent of a
person authorized to give such consent for the patient.
(b) This section is applicable only to actions for damages for
injuries or death arising because of a licensee's failure to inform,
and not to actions for damages arising because of a licensee's
negligence in rendering or failing to render treatment.
(c) As used in this section:
(1) "Hospital" means a licensed general acute care hospital as
defined in subdivision (a) of Section 1250 of the Health and Safety
Code.
(2) "Emergency situation occurring in the licensee's office" means
a situation occurring in an office, other than a hospital, used by a
licensee for the examination or treatment of patients, requiring
immediate services for alleviation of severe pain, or immediate
diagnosis and treatment of unforeseeable medical conditions, which,
if not immediately diagnosed and treated, would lead to serious
disability or death.
(3) "Emergency situation occurring in a hospital" means a
situation occurring in a hospital, whether or not it occurs in an
emergency room, requiring immediate services for alleviation of
severe pain, or immediate diagnosis and treatment of unforeseeable
medical conditions, which, if not immediately diagnosed and treated,
would lead to serious disability or death.

2398. No licensee, who in good faith and without compensation
renders voluntary emergency medical assistance to a participant in a
community college or high school athletic event or contest, at the
site of the event or contest, or during transportation to a health
care facility, for an injury suffered in the course of such event or
contest, shall be liable for any civil damages as a result of any
acts or omissions by such person in rendering such voluntary medical
assistance. The immunity granted by this section shall not apply to
acts or omissions constituting gross negligence.