BILL NUMBER: SB 127 CHAPTERED
BILL TEXT
CHAPTER 500
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2010
APPROVED BY GOVERNOR SEPTEMBER 29, 2010
PASSED THE SENATE AUGUST 31, 2010
PASSED THE ASSEMBLY AUGUST 30, 2010
AMENDED IN ASSEMBLY AUGUST 27, 2010
AMENDED IN ASSEMBLY AUGUST 20, 2010
AMENDED IN ASSEMBLY JUNE 1, 2010
AMENDED IN SENATE MAY 20, 2009
INTRODUCED BY Senator Calderon
FEBRUARY 5, 2009
An act to amend Section 104113 of the Health and Safety Code,
relating to automatic external defibrillators.
LEGISLATIVE COUNSEL'S DIGEST
SB 127, Calderon. Automatic external defibrillators: health
studios.
Existing law, until July 1, 2012, requires every health studio,
as defined, to acquire an automatic external defibrillator and to
meet specified training and maintenance standards relating to that
device. Under existing law, when a health studio employee uses an
automatic external defibrillator, as specified, the owners, managers,
employees, or otherwise responsible authorities of the facility
shall not be liable for civil damages resulting from an act or
omission in the course of rendering that emergency care or treatment,
as required.
This bill would extend these provisions indefinitely. This bill
would also provide that a health studio that allows its members
access to its facilities during operating hours when employees
trained in the use of automatic external defibrillators are not on
the facility premises, waives the above exemption from liability for
civil damages and the affirmative defense of primary assumption of
the risk, whether express or implied, as to a claim arising out of
the absence of trained staff.
This bill would also require a health studio that allows its
members access when an employee is not present to comply with
specified requirements, including, but not limited to, that it deny
access to members when an employee is not present if the facility is
larger than 6,000 square feet, and that on or before January 1, 2012,
and before January 1 of each of the following three years, the
health studio would be required to report to the Legislature certain
information as prescribed.
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) Every health studio, as defined in subdivision (h),
shall acquire, maintain, and train personnel in the use of, an
automatic external defibrillator pursuant to 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 an 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 subdivisions (f) and (g), 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 an 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.
The health studio shall maintain records of these checks.
(C) A person who renders emergency care or treatment to a person
in cardiac arrest by using an automatic external defibrillator
activates the emergency medical services system as soon as possible,
and reports the 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 staffed
operating hours. Acquirers of automatic external defibrillator units
may need to train additional employees to ensure 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.
(3) A health studio that allows its members access to its facility
during times when it does not have an employee on the premises shall
do all of the following:
(A) Require that all employees who work on the health studio's
premises complete a training course, within 30 days of beginning
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 health studio's
premises for no fewer than 50 hours per week.
(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
health studio's premises at all times.
(D) (i) On or before January 1, 2012, and before January 1 of each
of the following three years, the health studio shall provide a
report to the Assembly and Senate Judiciary Committees of the
Legislature that contains the following:
(I) The average number of hours per week that the health studio is
staffed.
(II) The average number of hours per week that the health studio
was staffed prior to the adoption of this section.
(III) The total number of reported cardiac incidents that have
occurred during unstaffed hours, and whether any of these incidents
resulted in death.
(ii) The franchisor for a chain of franchised health studios shall
collect and report the information pursuant to this subparagraph on
behalf of its franchised health studios operated in this state.
(E) Deny access to the health studio when an employee is not
present if the health studio operates in a space that is larger than
6,000 square feet.
(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) A health studio that allows its members access to its
facilities during operating hours when employees trained in the use
of automatic external defibrillators are not on the facility
premises, waives the provisions of subdivision (d) and the
affirmative defense of primary assumption of the risk, whether
express or implied, as to a claim arising out of the absence of
trained staff.
(h) For purposes of this section, "health studio" means a 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 a hotel or similar business that
offers fitness facilities to its registered guests for a fee or as
part of the hotel charges.