Bill Text: CA AB1312 | 2009-2010 | Regular Session | Enrolled
Bill Title: Defibrillators.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB1312 Detail]
Download: California-2009-AB1312-Enrolled.html
BILL NUMBER: AB 1312 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 2, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN SENATE AUGUST 17, 2009
AMENDED IN SENATE JUNE 17, 2009
AMENDED IN ASSEMBLY MAY 12, 2009
INTRODUCED BY Assembly Member Swanson
FEBRUARY 27, 2009
An act to amend Section 104113 of the Health and Safety Code,
relating to defibrillators.
LEGISLATIVE COUNSEL'S DIGEST
AB 1312, Swanson. Defibrillators.
Existing law, until July 1, 2012, requires every health studio, as
defined, to acquire an automatic external defibrillator, provides
immunity for use or nonuse of the devices, except as specified, and
establishes standards for the devices, including, but not limited to,
maintenance and staff training regarding proper use.
This bill would extend the requirements to acquire an automatic
external defibrillator to July 1, 2014, however, the immunity
provisions and the standards governing the maintenance of the device
and the training of personnel in the use of the device would remain
in effect after that date if the entities that are subject to the
bill elect to continue the installation of the device, as specified.
The bill would require that records of a readiness check on a
defibrillator be maintained for 2 years after the check. The bill
would also, beginning July 1, 2010, apply these requirements and this
immunity to golf courses and amusement parks, as defined.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 104113 of the Health and Safety Code is amended
to read:
104113. (a) (1) Commencing July 1, 2007, every health studio, as
defined in subdivision (g), commencing July 1, 2010, every amusement
park, as defined in subdivision (g), and commencing July 1, 2010,
every golf course, shall acquire an automatic external defibrillator.
The requirement to acquire an automatic external defibrillator
pursuant to this subdivision shall terminate on July 1, 2014.
(2) Commencing July 1, 2007, every health studio, as defined in
subdivision (g), commencing July 1, 2010, every amusement park, as
defined in subdivision (g), and commencing July 1, 2010, every golf
course, shall, until July 1, 2014, maintain, and train personnel in
the use of, any automatic external defibrillator acquired pursuant to
paragraph (1).
(3) On or after July 1, 2014, an amusement park, a golf course, or
a health studio that elects to continue the installation of an
automatic external defibrillator that was acquired pursuant to
paragraph (1) shall maintain and train personnel in the use of an
automatic external defibrillator pursuant to this section, and shall
not be liable for civil damages resulting from the use, attempted
use, or nonuse of an automatic external defibrillator as provided by
this section.
(b) An employee of an amusement park, a golf course, or a health
studio who renders emergency care or treatment is not liable for
civil damages resulting from the use, attempted use, or nonuse of an
automatic external defibrillator, except as provided in subdivision
(f).
(c) When an employee uses, does not use, or attempts to use, an
automatic external defibrillator consistent with the requirements of
this section to render emergency care or treatment, the members of
the board of directors of the facility shall not be liable for civil
damages resulting from any act or omission in rendering the emergency
care or treatment, including the use or nonuse of an automatic
external defibrillator, except as provided in subdivision (f).
(d) Except as provided in subdivision (f), when an employee of an
amusement park, a golf course, or a health studio renders emergency
care or treatment using an automatic external defibrillator, the
owners, managers, employees, or otherwise responsible authorities of
the facility shall not be liable for civil damages resulting from any
act or omission in the course of rendering that emergency care or
treatment, provided that the facility fully complies with subdivision
(e).
(e) Notwithstanding Section 1797.196, in order to ensure public
safety, an amusement park, a golf course, or a health studio shall do
all of the following:
(1) Comply with all regulations governing the placement of an
automatic external defibrillator.
(2) Ensure all of the following:
(A) The automatic external defibrillator is maintained and
regularly tested according to the operation and maintenance
guidelines set forth by the manufacturer, the American Heart
Association, or the American Red Cross, and according to any
applicable rules and regulations set forth by the governmental
authority under the federal Food and Drug Administration and any
other applicable state and federal authority.
(B) The automatic external defibrillator is checked for readiness
after each use and at least once every 30 days if the automatic
external defibrillator has not been used in the preceding 30 days.
Records of a check shall be maintained for two years after the check.
(C) Any person who renders emergency care or treatment on a person
in cardiac arrest by using an automatic external defibrillator
activates the emergency medical services system as soon as possible,
and reports any use of the automatic external defibrillator to the
licensed physician and to the local EMS agency.
(D) For every automatic external defibrillator unit acquired, up
to five units, no less than one employee per automatic external
defibrillator unit shall complete a training course in
cardiopulmonary resuscitation and automatic external defibrillator
use that complies with the regulations adopted by the Emergency
Medical Services Authority and the standards of the American Heart
Association or the American Red Cross. After the first five automatic
external defibrillator units are acquired, for each additional five
automatic external defibrillator units acquired, a minimum of one
employee shall be trained beginning with the first additional
automatic external defibrillator unit acquired. Acquirers of
automatic external defibrillator units shall have trained employees
who should be available to respond to an emergency that may involve
the use of an automatic external defibrillator unit during normal
operating hours. Acquirers of automatic external defibrillator units
may need to train additional employees to assure that a trained
employee is available at all times.
(E) There is a written plan that exists that describes the
procedures to be followed in the event of an emergency that may
involve the use of an automatic external defibrillator, to ensure
compliance with the requirements of this section. The written plan
shall include, but not be limited to, immediate notification of 911
and trained office personnel at the start of automatic external
defibrillator procedures.
(f) Subdivisions (b), (c), and (d) do not apply in the case of
personal injury or wrongful death that results from gross negligence
or willful or wanton misconduct on the part of the person who uses,
attempts to use, or maliciously fails to use an automatic external
defibrillator to render emergency care or treatment.
(g) For purposes of this section:
(1) "Amusement park" means any area where amusement park rides are
inspected pursuant to Part 8.1 (commencing with Section 7920) of
Division 5 of the Labor Code.
(2) "Health studio" means any facility permitting the use of its
facilities and equipment or access to its facilities and equipment,
to individuals or groups for physical exercise, body building,
reducing, figure development, fitness training, or any other similar
purpose, on a membership basis. "Health studio" does not include any
hotel or similar business that offers fitness facilities to its
registered guests for a fee or as part of the hotel charges.
