49468.5. (a) Any local educational agency that designates volunteers pursuant to subdivision (a) of Section 49468.2 shall ensure that each employee who volunteers under this article will be provided defense and indemnification by the local educational agency for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer’s personnel file.
(b) (1) Notwithstanding any other law, except as provided in paragraph (2), a person trained as required under subdivision (c) of Section 49468.2 who administers emergency anti-seizure medication or medication prescribed for seizure disorder symptoms in compliance with this article, 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 shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the person’s acts or omissions in administering the emergency anti-seizure medication.
(2) The protection specified in paragraph (1) 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 and is not specifically authorized by this article.
(C) The ability of a licensing board to take disciplinary action against a licensed health care professional for an act not specifically authorized by this article.
(3) Any public employee who volunteers to administer emergency anti-seizure medication pursuant to subdivision (b) of Section 49468.2 is not providing emergency medical care for compensation, notwithstanding the fact that the employee is a paid public employee.
(Added by Stats. 2022, Ch. 906, Sec. 1. (AB 1810) Effective January 1, 2023.)