§ 1799.113. — 1799.113. (Added by Stats. 2023, Ch. 97, Sec. 1.)

California § 1799.113.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 2.5.: DIVISION 2.5. EMERGENCY MEDICAL SERVICES
• Ch. 9.: CHAPTER 9. Liability Limitation

Text

(a)
(1)
A person who, in good faith and not for compensation, renders emergency treatment at the scene of an opioid overdose or suspected opioid overdose by administering an opioid
antagonist
shall not be liable for civil damages resulting from an act or omission related to the rendering of the emergency treatment.
(2)
A person who, in good faith and not for compensation, furnishes
an opioid antagonist to a person
for use at the scene of an opioid overdose or suspected opioid overdose shall not be liable for civil damages resulting from an act or omission related to the furnishing of the opioid antagonist.
(b)
This section does not apply to an act or omission related to the rendering of emergency treatment at the scene of an opioid overdose or suspected opioid overdose by means of an opioid antagonist that constitutes gross negligence or willful or wanton misconduct.
(c)
For purposes of this section, both of the following apply:
(1)
A person who renders emergency treatment by means of an opioid antagonist, or who furnishes an opioid antagonist at the scene of an opioid overdose or suspected opioid overdose, and who is not compensated for doing so, but receives compensation for other actions as a result of their unrelated employment, is not “rendering emergency medical care or furnishing opioid antagonist for compensation.”
(2)
“Opioid antagonist” means naloxone hydrochloride or any other opioid antagonist that is approved by the United States Food and Drug Administration for the treatment of an opioid overdose.

Legislative History

Added by Stats. 2023, Ch. 97, Sec. 1. (AB 1166) Effective January 1, 2024.