§ 8669.85

(a) Except as otherwise provided in subdivision (b), a peer support team member who provides peer support services and has completed a training course described in Section 8669.86, and the EMS provider that employs them, shall not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct.

(b) Subdivision (a) does not apply to an action for medical malpractice.

(c) A peer support team member shall not provide peer support services in any of the following circumstances:

(1) If, when serving in a peer support role, the peer support team member’s relationship with an EMS personnel receiving peer support services could be reasonably expected to impair objectivity, competence, or effectiveness in providing peer support, or would otherwise risk exploitation or harm to the EMS personnel.

(2) If the peer support team member and the EMS personnel receiving peer support services were involved as participants or witnesses to the same specific incident.

(3) If the peer support team member and the EMS personnel receiving peer support services are both involved in a shared active or ongoing investigation.

(Added by Stats. 2024, Ch. 744, Sec. 1. (AB 2859) Effective January 1, 2025.)