BILL NUMBER: AB 2083 CHAPTERED
BILL TEXT
CHAPTER 85
FILED WITH SECRETARY OF STATE JULY 20, 2006
APPROVED BY GOVERNOR JULY 20, 2006
PASSED THE ASSEMBLY JUNE 29, 2006
PASSED THE SENATE JUNE 26, 2006
AMENDED IN SENATE MAY 30, 2006
AMENDED IN ASSEMBLY APRIL 17, 2006
INTRODUCED BY Assembly Member Vargas
(Principal coauthors: Assembly Members Shirley Horton, Pavley, and
Saldana)
FEBRUARY 16, 2006
An act to amend Section 1797.196 of the Health and Safety Code,
relating to emergency medical services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2083, Vargas Emergency medical services: automatic external
defibrillators.
Existing law, the Emergency Medical Services System and the
Prehospital Emergency Medical Care Personnel Act, permits each county
to establish an emergency medical services program under which the
county is required to designate a local emergency medical services
agency (EMS agency). The act authorizes the local EMS agency to
implement a trauma care system if the system meets the minimum
standards set forth in the regulations established by the Emergency
Medical Services Authority and the authority has approved a plan.
Existing law authorizes the authority to establish minimum
training and other standards for the 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 on January 1, 2008.
Existing law, until January 1, 2008, provides immunity from civil
damages for those persons or entities, and sets forth tenant notice
and other requirements for building owners in which an AED is placed.
This bill would extend the January 1, 2008, termination date of
these provisions to January 1, 2013.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1797.196 of the Health and Safety Code, as
amended by Section 1 of Chapter 111 of the Statutes of 2005, is
amended to read:
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.
SEC. 2. Section 1797.196 of the Health and Safety Code, as added
by Section 4 of Chapter 718 of the Statutes of 2002, is amended to
read:
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.