AB 1376: Emergency medical services: liability limitation.

The Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act governs local emergency medical services systems. Existing law makes it a crime to violate any of the provisions of the act, and any rules, regulations, or county ordinances adopted pursuant to the act, that govern patient transfers. Existing law provides specified liability limitations to, among others, physicians, nurses, and other authorized individuals who provide assistance in emergency situations.

This bill would provide that a private provider of ambulance services, and employees of that provider, when operating in accordance with the standards, regulations, policies, and protocols of local emergency medical services agencies, shall not be criminally or civilly liable for the continued detainment of a person when that detainment is requested by a peace officer, facility staff, or other professionals authorized to detain persons in specified circumstances involving the transport and continued containment of a person who requires mental health evaluation and treatment, as specified. The bill would require a private provider of ambulance services subject to these provisions to provide care according to the policies and procedures established by the local emergency medical services agency, as specified, and the policies of the California Emergency Medical Services Authority. The bill would also prohibit a private provider of ambulance services that provides transportation to a designated facility, as defined, from requiring a person who is voluntarily agreeing to transport to be placed on an involuntary hold as a precondition to that transport. By creating a new crime under the act, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.