BILL ANALYSIS
AB 1312
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1312 (Swanson)
As Amended August 17, 2009
Majority vote
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|ASSEMBLY: |77-0 |(May 18, 2009) |SENATE: |24-9 |(September 2, |
| | | | | |2009) |
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Original Committee Reference: JUD.
SUMMARY : Seeks to extend the requirement that all health
studios in California have automatic external defibrillators
(AEDs) available with AED-trained personnel present to help save
the lives of club members who might experience cardiac arrest,
and seeks to require that golf clubs and amusement parks also
provide visitors with AED assistance in case of a cardiac
arrest. Specifically, this bill extends:
1)By five years the sunset date of the requirement in Health and
Safety Code Section 104113, that every health studio, as
defined in Civil Code Section 1812.81, acquire AED devices,
train personnel in their proper use, and maintain AED-trained
personnel on site during all operating hours, such that the
new sunset will be July 1, 2014.
2)The requirement, to include golf courses and amusement parks,
requiring these facilities to acquire AED devices, train
personnel in their proper use, and maintain AED-trained
personnel on site during all operating hours.
The Senate amendments require a record of a readiness check of
an AED be maintained for two years after the readiness check and
clarify that the qualified immunity continues after the sunset
date.
EXISTING LAW :
1)Provides immunity from civil liability to any person who, in
good faith and without compensation or the expectation of
compensation, renders emergency care at the scene of an
emergency.
2)Provides immunity from civil liability to any person who
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completes a designated CPR course and who, in good faith,
renders emergency cardiopulmonary resuscitation at the scene
of an emergency, without the expectation of receiving
compensation for providing the emergency care.
3)Exempts from civil liability any local agency, entity of state
or local government, or other public or private organization
which sponsors, authorizes, supports, finances, or supervises
the training of citizens in cardiopulmonary resuscitation
(CPR).
4)Provides immunity from liability for certain trained persons
who in good faith and without compensation use an AED in
rendering emergency care or treatment at the scene of an
emergency. This qualified immunity does not apply in the case
of personal injury or wrongful death resulting from the AED
operator's gross negligence or willful or wanton misconduct.
Nor does it apply to the manufacturer, designer, developer,
distributor, installer, or supplier of an AED or
defibrillator. It only applies to:
a) 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, when the person has completed a
specified training course within the preceding 12 months;
b) A person or entity who provides CPR and AED training to
the "Good Samaritan" rendering emergency care with the use
of an AED;
c) A physician who prescribes the AED and any person or
entity responsible for the site where an AED is located,
for negligent acts of the "Good Samaritan" in rendering
emergency care with an AED, if that physician, person, or
entity has complied with certain training and maintenance
requirements.
5)Substantially relaxes the requirement that building owners and
others who acquire AEDs must ensure that expected AED users
complete an accepted CPR and AED course as a condition of
immunizing that building owner from any liability arising from
the use of the acquired AED. Maintained the requirement that
any immunities from civil liabilities in this context would
not apply in cases of gross negligence or willful or wanton
misconduct.
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6)Requires every health studio, as defined in Civil Code Section
1812.81, until July 1, 2012, to acquire an AED, and maintain
and train personnel in the use of the acquired AED.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : None
COMMENTS : This bill is part of a continuing and laudable effort
by policymakers in California to encourage the proliferation and
use of automatic external defibrillators (AEDs) in easily
accessible public locations to save lives. AEDs are portable
medical devices used to administer an electric shock through the
chest wall to the heart after someone suffers cardiac arrest.
They are reportedly "fail-safe," and there apparently has been
no successful lawsuit brought against an individual for the use
or misuse of these devices. The Judiciary Committee has, with
the help of the American Heart Association, the Consumer
Attorneys of California, and other interested parties, helped
fashion several measures over the years to help spur the
availability and use of AEDs. This measure, following in those
earlier bills' footsteps, seeks to extend the sunset date by 5
years for the requirement that health studios purchase and
maintain AEDs for possible use by club personnel to potentially
save lives, train staff in their proper use, and maintain staff
on the premises during all operating hours, such that the new
sunset will be July 1, 2014. The bill would also extend these
requirements to golf clubs and amusement parks.
According to the American Heart Association (AHA), cardiac
arrest is a life-or-death situation, and the patient has very
little chance of survival without defibrillation. However, the
window of opportunity for saving lives through defibrillation is
very small, being only 10-13 minutes even if CPR is administered
correctly. According to the AHA, in cases of sudden cardiac
arrest, CPR is merely a maintenance tool, and defibrillation
must take place to "shock" the patient's heart into a proper
working rhythm. Thus, the public would be better served, and
lives could be saved, if businesses and offices across
California are better encouraged to have AEDs on site.
According to the AHA, AEDs contain microcomputers to accurately
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identify sudden cardiac arrests and make extensive use of
audible prompting and signals to provide operators with clear
and concise instruction, making their use uncomplicated,
intuitive, and nearly foolproof. Safeguards are built in to
protect both operator and victim and to ensure that the AED will
only deliver a shock if, in fact, the device affirmatively
determines that a victim is in sudden cardiac arrest. Further,
the device does not allow for manual overrides, in the event a
panicked operator tries to administer the shock even when the
device finds that the victim is not in cardiac arrest.
Several other states require AEDs (and trained staff) at health
studios, including Illinois, Indiana, Massachusetts, Michigan,
New Jersey, and New York. None of these states' statutes have
sunset provisions, therefore it is reasonable for California to
extend the sunset provision in Health and Safety Code section
104113.
Some states require AEDs at facilities other than health
studios. Illinois and New York require AEDs at certain school
(fitness) facilities and events. New York state additionally
requires AEDs at "places of public assembly," defined as places
with an occupancy capacity of 1,000 or more, including stadiums,
ballparks, and similar sporting event facilities; as well as
concert halls and other facilities where musical concerts are
given; but does not include churches or libraries. (NY Public
Health Law section 225, 5-b(c)). New York City has very broad
AED requirements, mandating that they be provided by operators
of all "public places," "in quantities and locations deemed
adequate," in a manner such that the AEDs be "readily accessible
for use during medical emergencies." (NY Administrative Code
section 17-188.) "Public places" include public buildings,
parks, nursing homes, ferry terminals, senior centers, golf
courses, and sports arenas. Given that other states have done
so, it is reasonable for California to extend its AED
requirements to public places other than health studios.
According to the Golf Course Superintendents Association of
America's website, "Sudden cardiac arrest is the number one
killer on golf courses, and according to Golf Digest, golf
courses rank fifth in places where sudden cardiac arrest is most
likely to occur." The Red Cross website states, "Golf courses
and sports stadiums are two of the top five most likely spots
for cardiac arrest" and that, "although sudden cardiac arrest
can happen anywhere, the odds skyrocket in busy locations such
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as airports and train stations." According to the International
Association of Amusement Parks and Attractions' website, "Most
large amusement parks and aquatic facilities already have AEDs
on site in multiple locations." Neither the GCSAA nor the IAAPA
recommends that their respective facilities be required to
maintain AEDs, but they do recommend voluntary AED acquisition
and training. Therefore, given the prevalence of cardiac arrest
on golf courses, the busy nature of amusement parks, and the
fact that professional organizations for both types of
facilities are recommending AED acquisition and training, it
does seem reasonable to require AEDs in those places.
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334
FN: 0002295