BILL NUMBER: AB 142 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Hayashi
JANUARY 22, 2009
An act to amend Section 104113 of the Health and Safety Code,
relating to health studios.
LEGISLATIVE COUNSEL'S DIGEST
AB 142, as amended, Hayashi. Health studios: external
defibrillator unit requirements.
Existing law requires every health studio, as defined, to acquire,
maintain, and train personnel in the use of automatic external
defibrillator units. Existing law requires, among other things, that
these health studios have trained employees available to respond to
an emergency that may involve the use of an automatic external
defibrillator unit during normal operating hours.
This bill would specify that the term "normal operating hours"
shall not be defined to mean less than 50 hours per week of the total
number of hours per week that the health studio is available for use
by members or the general public.
This bill would also impose additional requirements, as specified,
on health studios that are unstaffed for at least 20% of the total
number of hours per week that the studio is available for use by
members or the general public.
This bill would require a health studio that is available for use
by its members for 24 hours per day, but is not staffed during that
entire period, to meet specified requirements, including, but not
limited to, providing live video surveillance, as defined, of a
health studio during times when no trained employees are on the
premises, and requiring members, during times when the health studio
is not staffed with a trained employee, to use a provided device
that, when activated, contacts emergency services.
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. 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) 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
Except as provided in paragraph (3), an acquirer
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 An acquirer
of automatic external defibrillator units may need to train
additional employees to assure ensure
that a trained employee is available at all times. Under no
circumstances shall the term "normal operating hours" be defined to
mean less than 50 hours per week of the total number of hours per
week that the health studio is available for use by members or the
general public. If a health studio is unstaffed for more than 20
percent of the total number of hours per week that the studio is
available for use by members or the general public, the studio shall
be required to do both of the following:
(i) Provide those using the studio with a device that, when
activated, contacts emergency services, and shall, as a condition of
the use of the studio, require that the user keep the device with
them at all times when using the studio.
(ii) Require that all employees working on the premises complete a
training course in cardiopulmonary resuscitation and automated
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. Each employee
must receive training within 30 days of commencing work.
(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.
(3) A health studio that is available for use by its members 24
hours per day, but that does not have a trained employee on the
health studio premises for the entire 24-hour period, shall do all of
the following:
(A) Require that all employees who work on the premises of the
health studio complete a training course, within 30 days of
commencing employment, in cardiopulmonary resuscitation and automated
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.
(B) Ensure that a trained employee is on the premises of the
health studio for no fewer than eight hours per day during each day
that the health studio is available for use by its members.
(C) Inform a member, at the time the member contracts for the use
of the health studio, that a trained employee will not be on the
premises at all times.
(D) During times when a trained employee is not on the premises of
the health studio, provide all members with a device that, when
activated, contacts emergency services. The health studio shall
require its members to keep the device on his or her person, as a
condition of using the health studio during these times.
(E) Provide live video surveillance during hours when a health
studio is available for use by its members but a trained employee is
not on the premises. For purposes of this section, "live video
surveillance" means live monitoring of the health studio premises via
video technology by a person. The video surveillance system must be
sufficient to permit a person monitoring an incident to make a
reasonable determination whether emergency medical services or law
enforcement responders should be notified, and, if necessary, to make
that notification.
(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.