Bill Text: CA SB1281 | 2009-2010 | Regular Session | Introduced
Bill Title: Emergency medical services: defibrillators.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-05 - Set, first hearing. Failed passage in committee. (Ayes 1. Noes 3. Page 3444.) [SB1281 Detail]
Download: California-2009-SB1281-Introduced.html
BILL NUMBER: SB 1281 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Padilla
FEBRUARY 19, 2010
An act to amend Section 1714.21 of the Civil Code, and to repeal
Section 1797.196 of the Health and Safety Code, relating to emergency
medical services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1281, as introduced, Padilla. Emergency medical services:
defibrillators.
Existing law authorizes the Emergency Medical Services Authority
to establish minimum training and other standards for the use of
automatic external defibrillators (AED) and requires persons or
entities that acquire the AEDs to comply with maintenance, testing,
and training requirements, which are scheduled to change on January
1, 2013. Existing law sets forth tenant notice and other requirements
for building owners in which an AED is placed.
This bill would repeal those provisions.
Existing law provides any person who, in good faith and not for
compensation, renders emergency care or treatment by the use of an
AED at the scene of an emergency is not liable for any civil damages
resulting from any acts or omissions in rendering the emergency care.
Under existing law a person or entity that acquires an AED for
emergency use pursuant to that provision is not liable for any civil
damages resulting from any acts or omissions in the rendering of the
emergency care by use of an AED, if that person or entity has
complied with the above-specified provisions of law.
This bill would delete the requirement that persons comply with
those provisions that would be repealed by this bill. The bill would
also make related legislative findings and declarations.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) Out-of-hospital sudden cardiac arrest results in the death of
approximately 164,600 persons per year in the United States and
approximately 20 percent of those sudden cardiac arrests are caused
by sudden ventricular fibrillation that occurs in the presence of
witnesses.
(b) In the first minutes of collapse, many victims of witnessed
sudden cardiac arrest demonstrate an abnormal heart rhythm called
ventricular fibrillation, which causes the heart to quiver so that it
does not pump blood effectively. To return the victim's heart to a
normal rhythm, use of an automated external defibrillator (AED) is
required.
(c) AEDs are extremely accurate, user friendly computerized
devices with voice and audio prompts that guide the user through the
critical steps of operation.
(d) Early cardiopulmonary resuscitation (CPR) and rapid
defibrillation combined with early advanced care dramatically
increases survival rates for a witnessed cardiac arrest.
(e) Clinical studies have shown the survival rate from sudden
cardiac arrest increases from 50 to 70 percent when an AED is
available and used on a victim within three to five minutes after the
onset of a cardiac arrest.
(f) Removing barriers to the use of AEDs will result in more
opportunities for Good Samaritan acts and saved lives.
(g) More businesses will install these life-saving devices if the
threat of liability is removed.
(h) Increasing access to AEDs will save lives.
SEC. 2. Section 1714.21 of the Civil Code is amended to read:
1714.21. (a) For purposes of this section, the following
definitions shall apply:
(1) "AED" or "defibrillator" means an automated or automatic
external defibrillator.
(2) "CPR" means cardiopulmonary resuscitation.
(b) Any person who, in good faith and not for compensation,
renders emergency care or treatment by the use of
an AED at the scene of an emergency is not liable for any civil
damages resulting from any acts or omissions in rendering the
emergency care.
(c) A person or entity who provides CPR and AED training to a
person who renders emergency care pursuant to subdivision (b) is not
liable for any civil damages resulting from any acts or omissions of
the person rendering the emergency care.
(d) A person or entity that acquires an AED for emergency use
pursuant to this section is not liable for any civil damages
resulting from any acts or omissions in the rendering of the
emergency care by use of an AED , if that person or entity
has complied with subdivision (b) of Section 1797.196 of the Health
and Safety Code .
(e) A physician who is involved with the placement of an AED and
any person or entity responsible for the site where an AED is located
is not liable for any civil damages resulting from any acts or
omissions of a person who renders emergency care pursuant to
subdivision (b) , if that physician, person, or entity has
complied with all of the requirements of Section 1797.196 of the
Health and Safety Code that apply to that physician, person, or
entity .
(f) The protections specified in this section do not apply in the
case of personal injury or wrongful death that results from the gross
negligence or willful or wanton misconduct of the person who renders
emergency care or treatment by the use of an AED.
(g) Nothing in this section shall relieve a manufacturer,
designer, developer, distributor, installer, or supplier of an AED or
defibrillator of any liability under any applicable statute or rule
of law.
SEC. 3. Section 1797.196 of the Health and Safety Code, as amended
by Section 2 of Chapter 85 of the Statutes of 2006, is repealed.
1797.196. (a) For purposes of this section, "AED" or
"defibrillator" means an automated or automatic external
defibrillator.
(b) In order to ensure public safety, any person who acquires an
AED shall do all of the following:
(1) Comply with all regulations governing the training, use, and
placement of an AED.
(2) Notify an agent of the local EMS agency of the existence,
location, and type of AED acquired.
(3) Ensure all of the following:
(A) That expected AED users complete a training course in
cardiopulmonary resuscitation and AED use that complies with
regulations adopted by the Emergency Medical Services (EMS) Authority
and the standards of the American Heart Association or the American
Red Cross.
(B) That the defibrillator is maintained and regularly tested
according to the operation and maintenance guidelines set forth by
the manufacturer, the American Heart Association, and 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.
(C) That the AED is checked for readiness after each use and at
least once every 30 days if the AED has not been used in the
preceding 30 days. Records of these periodic checks shall be
maintained.
(D) That any person who renders emergency care or treatment on a
person in cardiac arrest by using an AED activates the emergency
medical services system as soon as possible, and reports any use of
the AED to the licensed physician and to the local EMS agency.
(E) That there is involvement of a licensed physician in
developing a program to ensure compliance with regulations and
requirements for training, notification, and maintenance.
(c) A violation of this provision is not subject to penalties
pursuant to Section 1798.206.
(d) This section shall become operative on January 1, 2013.
SEC. 4. Section 1797.196 of the Health and Safety Code, as amended
by Section 1 of Chapter 85 of the Statutes of 2006, is repealed.
1797.196. (a) For purposes of this section, "AED" or
"defibrillator" means an automated or automatic external
defibrillator.
(b) In order to ensure public safety, any person or entity that
acquires an AED is not liable for any civil damages resulting from
any acts or omissions in the rendering of the emergency care under
subdivision (b) of Section 1714.21 of the Civil Code, if that person
or entity does all of the following:
(1) Complies with all regulations governing the placement of an
AED.
(2) Ensures all of the following:
(A) That the AED is maintained and regularly tested according to
the operation and maintenance guidelines set forth by the
manufacturer, the American Heart Association, and 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) That the AED is checked for readiness after each use and at
least once every 30 days if the AED has not been used in the
preceding 30 days. Records of these checks shall be maintained.
(C) That any person who renders emergency care or treatment on a
person in cardiac arrest by using an AED activates the emergency
medical services system as soon as possible, and reports any use of
the AED to the licensed physician and to the local EMS agency.
(D) For every AED unit acquired up to five units, no less than one
employee per AED unit shall complete a training course in
cardiopulmonary resuscitation and AED use that complies with the
regulations adopted by the Emergency Medical Service Authority and
the standards of the American Heart Association or the American Red
Cross. After the first five AED units are acquired, for each
additional five AED units acquired, one employee shall be trained
beginning with the first AED unit acquired. Acquirers of AED units
shall have trained employees who should be available to respond to an
emergency that may involve the use of an AED unit during normal
operating hours.
(E) That there is a written plan that describes the procedures to
be followed in the event of an emergency that may involve the use of
an AED, 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 AED
procedures.
(3) When an AED is placed in a building, building owners shall
ensure that tenants annually receive a brochure, approved as to
content and style by the American Heart Association or American Red
Cross, which describes the proper use of an AED, and also ensure that
similar information is posted next to any installed AED.
(4) When an AED is placed in a building, no less than once a year,
building owners shall notify their tenants as to the location of AED
units in the building.
(5) When an AED is placed in a public or private K-12 school, the
principal shall ensure that the school administrators and staff
annually receive a brochure, approved as to contents and style by the
American Heart Association or the American Red Cross, that describes
the proper use of an AED. The principal shall also ensure that
similar information is posted next to every AED. The principal shall,
at least annually, notify school employees as to the location of all
AED units on the campus. The principal shall designate the trained
employees who shall be available to respond to an emergency that may
involve the use of an AED during normal operating hours. As used in
this paragraph, "normal operating hours" means during the hours of
classroom instruction and any school-sponsored activity occurring on
school grounds.
(c) Any person or entity that supplies an AED shall do all of the
following:
(1) Notify an agent of the local EMS agency of the existence,
location, and type of AED acquired.
(2) Provide to the acquirer of the AED all information governing
the use, installation, operation, training, and maintenance of the
AED.
(d) A violation of this provision is not subject to penalties
pursuant to Section 1798.206.
(e) The protections specified in this section do not apply in the
case of personal injury or wrongful death that results from the gross
negligence or willful or wanton misconduct of the person who renders
emergency care or treatment by the use of an AED.
(f) Nothing in this section or Section 1714.21 may be construed to
require a building owner or a building manager to acquire and have
installed an AED in any building.
(g) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
