California Business and Professions Code

§ 2395.5

BPC § 2395.5Div. 2 · Ch. 5 · Art. 17

Statute text

(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.

…

Legislative history

Added by Stats. 1988, Ch. 1306, Sec. 1.