§ 1528.4
298 words·~1 min read·
/ca/health-and-safety-code/1528-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Any licensee that allows administrators or authorized volunteers to administer intranasal emergency antiseizure medication pursuant to this article shall ensure that each administrator or authorized volunteer will be provided defense and indemnification for any and all civil liability, in accordance with, but not limited to, the provisions of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the administrator or authorized volunteer, and retained in the administrator or authorized volunteer’s personnel file.
(1)Notwithstanding any other law, except as provided in paragraph (2), an administrator or a volunteer who administers intranasal emergency antiseizure medication in compliance with this article, any person who provides training to an administrator or authorized volunteer pursuant to this article, or any person who otherwise complies with the requirements of this article, in good faith and not for compensation, shall not be subject to professional review, civil liability, or criminal prosecution for their actions or omissions, or the actions or omissions of a volunteer.
(2)The protections specified in paragraph
(1)and subdivision
(a)shall not affect any of the following:
(A)A person’s liability for an act or omission that constitutes gross negligence or willful or wanton misconduct.
(B)A person’s culpability for an act that constitutes a crime.
(C)The ability of a licensing board to take disciplinary action against a licensed healthcare professional for an act not specifically authorized by this article.
(D)The application of Section 1799.102.
(3)An administrator or authorized volunteer who volunteers to administer intranasal emergency antiseizure medication pursuant to this article shall not be deemed to be providing intranasal emergency medical care for compensation, notwithstanding the fact that the administrator or authorized volunteer is a paid staff member of the facility.