Section 1799.105 Of Chapter 9. Liability Limitation From California Health And Safety Code >> Division 2.5. >> Chapter 9.
1799.105
. (a) A poison control center which (1) meets the minimum
standards for designation and operation established by the authority
pursuant to Section 1798.180, (2) has been designated a regional
poison control center by the authority, and (3) provides information
and advice for no charge on the management of exposures to poisonous
or toxic substances, shall be immune from liability in civil damages
with respect to the emergency provision of that information or
advice, for acts or omissions by its medical director, poison
information specialist, or poison information provider as provided in
subdivisions (b) and (c).
(b) Any poison information specialist or poison information
provider who provides emergency information and advice on the
management of exposures to poisonous or toxic substances, through,
and in accordance with, protocols approved by the medical director of
a poison control center specified in subdivision (a), shall only be
liable in civil damages, with respect to the emergency provision of
that information or advice, for acts or omissions performed in a
grossly negligent manner or acts or omissions not performed in good
faith. This subdivision shall not be construed to immunize the
negligent adoption of a protocol.
(c) The medical director of a poison control center specified in
subdivision (a) who provides emergency information and advice on the
management of exposures to poisonous or toxic substances, where the
exposure is not covered by an approved protocol, shall be liable only
in civil damages, with respect to the emergency provision of that
information or advice, for acts or omissions performed in a grossly
negligent manner or acts or omissions not performed in good faith.
This subdivision shall neither be construed to immunize the negligent
failure to adopt adequate approved protocols nor to confer liability
upon the medical director for failing to develop or approve a
protocol when the development of a protocol for a specific situation
is not practical or the situation could not have been reasonably
foreseen.