Amended in Assembly July 16, 2015

Amended in Assembly July 8, 2015

Amended in Assembly June 23, 2015

Senate BillNo. 287


Introduced by Senator Hueso

February 19, 2015


An act to add Chapter 3 (commencing with Section 19300) to Part 3 of Division 13 of the Health and Safety Code, relating to automated external defibrillators.

LEGISLATIVE COUNSEL’S DIGEST

SB 287, as amended, Hueso. Automated external defibrillators (AEDs).

Existing law requires any person or entity that supplies an AED, which means an automated or automatic external defibrillator (AED), to notify an agent of the local emergency medical services agency of the existence, location, and type of AED acquired and to provide the acquirer of the AED with all information governing the use, installation, operation, training, and maintenance of the AED. Existing law provides that any person or entity that acquires an AED is not liable for civil damages resulting frombegin delete certain uses, attempted uses, or nonuses of an AED,end deletebegin insert any acts or omissions in the rendering of emergency care,end insert except as provided, if certain conditions are met, including, but not limited to, that the AED is checked for readiness after each use and at least every 30 days if the AED has not been used in the preceding 30 days. Existing law also provides that a person or entity that provides AED training to a person who renders emergency care is not liable for any civil damages, as specified.

This bill would require certain occupied structures that are not owned or operated by any local government entity and are constructed on or after January 1, 2017, to have an AED on the premises. The bill would require a person or entity that supplies an AED to comply with specified existing law regarding AEDs, and would exempt a person or entity thatbegin delete suppliesend deletebegin insert acquiresend insert an AEDbegin insert for emergency careend insert from liability for civil damages resulting frombegin delete certain uses, attempted uses, or nonuses of an AED, as specified.end deletebegin insert any acts or omissions in the rendering of emergency care if certain requirements have been met.end insert The bill would make these provisions operative on January 1, 2017.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Chapter 3 (commencing with Section 19300) is
2added to Part 3 of Division 13 of the Health and Safety Code, to
3read:

4 

5Chapter  3. Automated External Defibrillators
6

 

7

19300.  

(a) This chapter applies to all of the following
8structures, as defined in Chapter 3 (commencing with Section
9301.1) of Part 2, the California Building Code, of Title 24, the
10California Building Standards Code, of the California Code of
11Regulations, that are constructed on or after January 1, 2017:

12(1) Group A assembly buildings with an occupancy of greater
13than 300.

14(2) Group B business buildings with an occupancy of 200 or
15more.

16(3) Group E educational buildings with an occupancy of 200 or
17more.

18(4) Group F factory buildings with an occupancy of 200 or more.

19(5) Group I institutional buildings with an occupancy of 200 or
20more.

21(6) Group M mercantile buildings with an occupancy of 200 or
22more.

23(7) Group R residential buildings with an occupancy of 200 or
24more, excluding single-family and multifamily dwelling units.

P3    1(b) A structure described in subdivision (a) that is an occupied
2structure shall have an automated external defibrillator (AED) on
3the premises subject to the requirements in Section 1797.196. A
4person or entity thatbegin delete suppliesend deletebegin insert acquiresend insert an AEDbegin insert for emergency careend insert
5 pursuant to this section shall not be liable for any civil damages
6begin delete pursuant toend deletebegin insert resulting from any acts or omissions in the rendering
7of the emergency care by use of an AED if that person or entity
8has complied with subdivision (b) ofend insert
Sectionbegin delete 1797.196 of this code
9and Section 1714.21 of the Civil Code.end delete
begin insert 1797.196.end insert

10(c) (1) This chapter shall not apply to a structure in subdivision
11(a) that is owned or operated by any local government entity.

12(2) This chapter shall not apply to a health facility licensed
13under subdivision (a), (b), (c), or (f) of Section 1250 of the Health
14and Safety Code.

15(d) This chapter shall not be construed to apply to a structure
16that is vacant or under construction or renovation.

17(e) This chapter shall become operative on January 1, 2017.



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