AB 369: Emergency services: liability.

Existing law, the Seizure Safe Schools Act, if a pupil diagnosed with seizures, a seizure disorder, or epilepsy has been prescribed an emergency anti-seizure medication by the pupil’s health care provider, authorizes the pupil’s local educational agency, upon receipt of a request from the pupil’s parent or guardian, to designate one or more volunteers at the pupil’s school to receive initial and annual refresher training regarding the emergency use of anti-seizure medication and authorizes a school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer who has been designated and received training regarding the emergency use of anti-seizure medication, to administer emergency anti-seizure medication to a pupil diagnosed with seizures, a seizure disorder, or epilepsy if the pupil is suffering from a seizure. Existing law, notwithstanding any other law, excuses a person trained as required who administers emergency anti-seizure medication or medication prescribed for seizure disorder symptoms in compliance with these provisions, in good faith and not for compensation, to a pupil diagnosed with seizures, a seizure disorder, or epilepsy who appears to be experiencing a seizure, from professional review, liability in a civil action, or criminal prosecution for the person’s acts or omissions in administering the emergency anti-seizure medication, as specified. Existing law also, notwithstanding any other law, similarly excuses a person who is not otherwise licensed to administer an opioid antagonist but who has required training, who acts with reasonable care in administering an opioid antagonist, in good faith and not for compensation, to a person who is experiencing or is suspected of experiencing an overdose, from professional review, liability in a civil action, or criminal prosecution for this administration.

This bill, notwithstanding any other law, and except as provided in the Seizure Safe Schools Act, would excuse a person who is otherwise not licensed to administer anti-seizure rescue medication, but who administers anti-seizure rescue medication at the scene of an emergency, in good faith and not for compensation, to a person who is experiencing, or is suspected of experiencing, a seizure, from professional review, liability in a civil action, or criminal prosecution for that administration of anti-seizure rescue medication so long as the person’s conduct is not grossly negligent and does not constitute willful or wanton misconduct.