BILL NUMBER: AB 1507	CHAPTERED
	BILL TEXT

	CHAPTER  431
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2005
	PASSED THE ASSEMBLY  AUGUST 29, 2005
	PASSED THE SENATE  AUGUST 22, 2005
	AMENDED IN SENATE  AUGUST 16, 2005
	AMENDED IN SENATE  JULY 11, 2005
	AMENDED IN SENATE  JUNE 20, 2005

INTRODUCED BY   Assembly Member Pavley
   (Coauthors: Assembly Members Koretz and Vargas)
   (Coauthors: Senators Alquist and Romero)

                        FEBRUARY 22, 2005

   An act to add Section 104113 to the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1507, Pavley  Cardiac health: automatic external
defibrillators: health studios.
   Existing law establishes the State Department of Health Services
and sets forth its powers and duties, including, but not limited to,
conducting a program for the control of cardiovascular disease.
   Existing law, the Emergency Medical Services System and the
Prehospital Emergency Medical Care Personnel Act (EMS act),
establishes the State Emergency Medical Services Authority to oversee
the local implementation of the emergency medical services system.
The EMS act permits each county to establish an EMS program and
designate a local EMS service agency (EMS agency). Existing law
authorizes the authority to establish minimum standards for the
training and use of automatic external defibrillators and requires
persons or entities that acquire the defibrillators to comply with
maintenance, testing, and training requirements which are scheduled
to change commencing January 1, 2008. Existing law, until January 1,
2008, provides immunity from civil damages for those persons or
entities.
   This bill, commencing July 1, 2007, and until July 1, 2012, would
require every health studio, as defined, to acquire an automatic
external defibrillator, would provide immunity for providing the
devices, and would, notwithstanding existing law, establish standards
for providing the devices, including, but not limited to,
maintenance and staff training regarding proper use.
   The bill would require each health studio that elects to continue
the installation on or after July 1, 2012, to maintain and train
personnel in the use of an automatic external defibrillator, and
would provide for related immunity.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 104113 is added to the Health and Safety Code,
to read:
   104113.  (a) (1) Commencing July 1, 2007, every health studio, as
defined in subdivision (g) shall acquire an automatic external
defibrillator. The requirement to acquire an automatic external
defibrillator pursuant to this subdivision shall terminate on July 1,
2012.
   (2) Commencing July 1, 2007, and until July 1, 2012, every health
studio, as defined in subdivision (g), shall maintain, and train
personnel in the use of, any automatic external defibrillator
acquired pursuant to paragraph (1).
   (3) On or after July 1, 2012, 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 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 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, 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 these checks shall be maintained.
   (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, "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.