BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    SB 287    
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          |AUTHOR:        |Hueso                                          |
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          |VERSION:       |February 19, 2015                              |
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          |HEARING DATE:  |April 15, 2015 |               |               |
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          |CONSULTANT:    |Juan Reyes                                     |
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           SUBJECT  :  Automated external defibrillators (AEDs)

           SUMMARY  :  Requires certain buildings with capacities of 200 persons or  
          greater, as specified, constructed on or after January 1, 2016,  
          to have an automated external defibrillator (AED) on the  
          premises. 
          
          Existing law:
          1.Classifies, in the California Code of Regulations  
            (Regulations), all buildings and structures as to use and  
            occupancy, and requires a room or space that is intended to be  
            occupied at different times for different purposes to comply  
            with all of the requirements that are applicable to each of  
            the purposes for which the room or space will be occupied.

          2.Provides, in the Civil Code, immunity from civil liability for  
            the acts or omissions of 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.

          3.Provides, in the Civil Code, immunity from civil liability for  
            any acts or omissions in the rendering of emergency care by  
            the use of an AED for a person or entity that acquires an AED  
            for emergency use, if that person or entity has complied with  
            certain specified requirements in the Health and Safety Code.

          4.Provides, in the Health and Safety Code, immunity from civil  
            liability for a person or entity that acquires an AED for any  
            acts or omissions in the rendering of emergency care if that  
            person or entity meets various requirements, including:
             
             a.   Ensures that the AED is checked for readiness after each  
               use and at least once every 30 days;







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             b.   Ensures that any person who renders emergency care or  
               treatment by using an AED activates the emergency medical  
               services system as soon as possible and reports the use to  
               the licensed physician and to the local EMS agency;
             c.   Ensures that for every AED unit acquired up to five  
               units, no less than one employee per AED unit, and one  
               employee for every additional five units, complete a  
               training course in cardiopulmonary resuscitation (CPR) and  
               AED use, as specified.
             d.   Ensure that tenants in a building where an AED is placed  
               receive a brochure describing the proper use of an AED and  
               are notified once a year of the location of AEDs.

          This bill:
          1.Requires the following structures that are constructed on or  
            after January 1, 2016, to have an AED on the premises subject  
            to the existing requirements listed in the Health and Safety  
            Code related to training and maintenance:

                  a.        Assembly buildings, as defined, with an  
                    occupancy of greater than 300;
                  b.        Business buildings, educational buildings,  
                    factory buildings, high-hazard buildings,  
                    institutional buildings, mercantile buildings, and  
                    storage buildings, as each of these buildings are  
                    defined, and if they have occupancies of 200 or more;  
                    and,
                  c.        Residential buildings with occupancy of 200 or  
                    more, excluding single-family and multi-family  
                    dwelling units.

          2.Provides immunity from civil liability for a person or entity  
            that supplies an AED pursuant to this bill, as specified in  
            existing provisions of law that condition immunity on meeting  
            certain requirements related to training and maintenance of  
            the AEDs.

          3.Excludes structures owned or operated by the state or any  
            local entity from the provisions of this bill.

           FISCAL  
          EFFECT  :  This bill has been keyed non-fiscal.
           
          COMMENTS  :
          1.Author's statement.  According to the author, an estimated  








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            350,000 individuals in the United States will suffer this year  
            from a Sudden Cardiac Arrest (SCA). For every minute an  
            individual goes without receiving defibrillation from an AED,  
            an individual's chances of surviving from SCA go down by 10  
            percent. Brain death and permanent death start to occur 4-6  
            minutes after someone experiences cardiac arrest. The use of  
            an AED in a timely manner can increase an individual's  
            probability of survival by 70 percent. By requiring AED  
            devices in newly constructed buildings with large occupancies,  
            we can ensure that more individuals will be located within 4  
            minutes of an AED, substantially increasing their chance of  
            survival. In my district, the City of San Diego has  
            implemented a similar ordinance, and has supported Project  
            Heartbeat, which provides AEDs and has saved 123 individuals.

          2.Background.  According to the American Heart Association  
            (AHA), an AED is a lightweight, portable device that delivers  
            an electric shock through the chest to the heart. The shock  
            can stop an irregular rhythm and allow a normal rhythm to  
            resume in a heart in sudden cardiac arrest. Sudden cardiac  
            arrest is an abrupt loss of heart function. If it is not  
            treated within minutes, it quickly leads to death. The AED has  
            a built-in computer which assesses the patient's heart rhythm,  
            determines whether the person is in cardiac arrest, and  
            signals whether to administer the shock. Audible cues guide  
            the user through the process. 

            According to the AHA, each year in the U.S., there are  
            approximately 359,400 Emergency Medical Services  
            (EMS)-assessed cardiac arrests outside of a hospital setting  
            and on average, less than 10 percent of victims survive. Early  
            defibrillation, along with CPR, is the only way to restore the  
            victim's heart rhythm to normal in a lot of cases of cardiac  
            arrest. For every minute that passes without CPR and  
            defibrillation, however, the chances of survival decrease by 7  
            to 10 percent. The 2013 Update of AHA's Heart Disease and  
            Stroke Statistics shows that 23 percent of out-of-hospital  
            cardiac arrests are "shockable" arrhythmias, or those that  
            respond to a shock from an AED, making AEDs in public places  
            highly valuable. Yet, AHA states there are not enough AEDs and  
            persons trained in using them and performing CPR to provide  
            this life-saving treatment, resulting in lost opportunities to  
            save more lives. Communities with comprehensive AED programs  
            that include CPR and AED training for rescuers have achieved  
            survival rates of nearly 40 percent for cardiac arrest  








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            victims. AHA states on its website that it supports placing  
            AEDs in targeted public areas such as sports arenas, gated  
            communities, office complexes, doctor's offices, and shopping  
            malls. When AEDs are placed in the community or a business or  
            facility, AHA strongly encourages that they be part of a  
            defibrillation program which includes notification to the  
            local EMS office when an AED is acquired, that a licensed  
            physician or medical authority provides medical oversight to  
            ensure quality control, and that persons responsible for using  
            the AED are trained in CPR and how to use an AED.

          3.California Code of Regulations Building Classification. In  
            California's Building Standards Code, Part 2, Chapter 3,  
            buildings and structures are classified with respect to use  
            and occupancy in each of the groups as follows:

               a.     Defines Assembly Group A occupancy as including,  
                 among others, the use of a building or structure, or  
                 portion thereof, for the gathering of persons for  
                 purposes such as civic, social, or religious functions;  
                 recreation, food, or drink consumption or motion picture  
                 and television production sound stages, approved  
                 production facilities and production locations.

               b.     Defines Business Group B occupancy as including,  
                 among others, the use of a building or structure, or  
                 portion thereof, for office, professional, or  
                 service-type transactions, including storage of records  
                 and accounts.

               c.     Defines Educational Group E occupancy as including,  
                 among others, the use of a building or structure, or  
                 portion thereof, by more than six persons at any one time  
                 for educational purposes through the 12th grade, except a  
                 residence used as a home school for the children who  
                 normally reside at the residence.

               d.     Defines Factory Industrial Group F occupancy as  
                 including, among others, the use of a building or  
                 structure, or portion thereof, for assembling,  
                 disassembling, fabricating, finishing, manufacturing,  
                 packaging, repair or processing operations that are not  
                 classified as a Group H hazardous or Group S storage  
                 occupancy.









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               e.     Defines High-hazard Group H occupancy as including,  
                 among others, the use of a building or structure, or  
                 portion thereof, that involves the manufacturing  
                 processing, generation or storage of materials that  
                 constitute a physical or health hazard in quantities in  
                 excess of those allowed in control areas, as further  
                 defined.

               f.     Defines Institutional Group I occupancy as  
                 including, among others, the use of a building or  
                 structure, or portion thereof, in which care or  
                 supervision is provided to persons who are or are not  
                 capable of self-preservation without physical assistance  
                 or in which persons are detained for penal or  
                 correctional purposes or in which the liberty of the  
                 occupants is restricted.

               g.     Defines Mercantile Group M occupancy as including,  
                 among others, the use of a building or structure, or  
                 portion thereof, for the display and sale of merchandise  
                 and involves stocks of goods, wares or merchandise  
                 incidental to such purposes and accessible to the public.

               h.     Defines Residential Group R occupancy as including,  
                 among others, the use of a building or structure, or  
                 portion thereof, for sleeping purposes when not  
                 classified as Group I occupancy or when not regulated by  
                 the California Residential Code.

               i.     Defines Storage Group S occupancy as including,  
                 among others, the use of a building or structure, or  
                 portion thereof, for storage that is not classified as a  
                 hazardous occupancy.

          4.Verdugo v. Target.  On August 31, 2008, Mary Ann Verdugo was  
            shopping at a large Target store in Pico Rivera with her  
            mother and brother when she suffered a sudden cardiac arrest  
            and collapsed. In response to a 911 call, paramedics were  
            dispatched from a nearby fire station. It took the paramedics  
            several minutes to reach the store and a few additional  
            minutes to reach Verdugo inside the store. The paramedics  
            attempted to revive Verdugo but were unable to do so; Verdugo  
            was 49 years of age at the time of her death. Target did not  
            have an AED in its store.
            








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            The Verdugo family filed a lawsuit alleging Target breached  
            the duty of care that it owed to its business customers,  
            including Mary Ann, by failing to have an AED for use in a  
            medical emergency. After moving the case from the Los Angeles  
            County Superior Court to the federal district court, the  
            federal district court dismissed the case after concluding  
            Target had no duty to acquire and make available an AED for  
            the use of its customers. The plaintiffs appealed to the Ninth  
            Circuit Court of Appeals, at which point the panel turned to  
            the California Supreme Court "as better positioned to address  
            [this] major question of California tort law than this court."  
             The California Supreme Court construed the Ninth Circuit  
            Court of Appeals' question as "whether, under California law,  
            the common law duty of reasonable care that defendant Target  
            Corporation owes to its business customers includes an  
            obligation to obtain and make available on its business  
            premises an [AED] for use in a medical emergency." On June 23,  
            2014, the California Supreme Court answered the question by  
            ruling that, "[U]nder California law, Target's common law duty  
            of care to its customers does not include a duty to acquire  
            and make available an AED for use in a medical emergency." On  
            October 28, 2014, the Ninth Circuit Court of Appeals,  
            following the guidance of the California Supreme Court,  
            affirmed the federal district court's ruling that Target had  
            no common law duty to provide an AED in its stores.

            Judge Pregerson, a panelist of the Ninth Circuit Court of  
            Appeals, in a separate opinion, wrote:

               "The California Supreme Court has spoken. This decision  
               holds that 'under California law, Target's common law duty  
               of care to its customers does not include a duty to acquire  
               and make available an AED for use in a medical emergency.'  
               And so, in this diversity case, that holding controls. But  
               that decision troubles me. Therefore, I write separately  
               hoping that big box stores like Target will, at the very  
               least, recognize their moral obligation to make AEDs  
               available for use in a medical emergency. Should that not  
               come to pass, I hope that our California Legislature takes  
               a hard look at this issue and considers a statutory  
               standard of care that will protect consumers by requiring  
               big box stores to make life-saving AEDs available."

          5.Other jurisdictions. In November 2008, the San Diego City  
            Council passed legislation with requirements nearly identical  








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            to the provisions of this bill. Over the last six years, the  
            Oregon State Legislature has passed several pieces of  
            legislation relating to AEDs.  In 2009, Oregon passed  
            legislation requiring certain places of public assembly,  
            defined as a facility of 50,000 square feet or more and at  
            least 50 individuals congregated on a normal business day, to  
            have automated external defibrillators. In 2010, Oregon also  
            passed a law requiring each school campus in a school  
            district, private school campus and public charter school  
            campus to have at least one AED on premises. Community  
            colleges and public universities are also required to have at  
            least one AED on the campus in Oregon.
            
          6.Double referral. This bill is double referred. Should it pass  
            out of this committee, it will be referred to the Senate  
            Judiciary Committee.

          7.Related legislation. SB 658 (Hill), repeals various  
            requirements relating to persons or entities who acquire  
            automated external defibrillators (AEDs), including  
            requirements that employees complete training and that the  
            AEDs be checked every 30 days, and makes the civil liability  
            immunity in existing law for persons or entities who acquire  
            an AED no longer conditional upon meeting specified  
            requirements. This bill was heard in this committee on April  
            8, 2015 and passed 9-0. This bill is pending in the Senate  
            Judiciary Committee.

          8.Prior legislation. SB 1436 (Lowenthal), Chapter 71, Statutes  
            of 2012, removed the sunset date, thereby making permanent,  
            the existing protections that provide immunity from civil  
            damages in connection with the use of AEDs.
          
            SB 127 (Calderon), Chapter 500, Statutes of 2010, removed the  
            July 1, 2012 sunset date for existing requirements that every  
            health studio acquires and maintains an AED and trains  
            personnel in its use thereby extending these requirements  
            indefinitely.

            SB 63 (Price), of 2011, would have stated the intent of the  
            Legislature that all public high schools acquire and maintain  
            at least one AED and would require schools that decide to  
            acquire and maintain an AED, or to continue to use and  
            maintain an existing AED, to comply with  specified  
            requirements.  SB 63 was held in the Senate Appropriations  








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            Committee.

            AB 2083 (Vargas), Chapter 85, Statutes of 2006, extended the  
            sunset date from 2008 to 2013 on the operative provisions of  
            existing law which provide immunity from civil damages for  
            persons or entities that acquire AEDs and comply with  
            maintenance, testing, and training requirements.

            AB 1507 (Pavley), Chapter 431, Statutes of 2005, required all  
            health studios in the state to have automatic external  
            defibrillators (AEDs) available with properly trained  
            personnel until July 1, 2012.

            AB 2041 (Vargas), Chapter 718, Statutes of 2002, expanded the  
            immunity protections for the use or purchase of an AED, and  
            included a sunset date of 2008.

            SB 911 (Figueroa), Chapter 163, Statutes of 1999, created  
            qualified immunity from civil liability for trained persons  
            who use in good faith and without compensation an AED in  
            rendering emergency care or treatment at the scene of an  
            emergency.
            
          9.Support.  The California Professional Firefighters supports  
            this bill, stating that when an AED is used to treat cardiac  
            arrest, it serves as a life-saving device given that cardiac  
            arrest is a sudden condition that can be fatal if not treated  
            within a few minutes. Paramedics Plus, Alameda's 911 EMS  
            ambulance provider, also supports this bill, stating that AEDs  
            are inexpensive, easy to use, and save lives. Paramedics Plus  
            states that having access to an AED in a timely manner can  
            increase an individual's probability of a heart attack by as  
            much as 70 percent. Paramedics Plus also suggests an amendment  
            to the bill which would coordinate the location of each AED in  
            911 EMS dispatch centers. By identifying the location of AEDs,  
            Paramedics Plus believes response times will be cut in  
            emergencies thus saving even more lives. The Sudden Cardiac  
            Arrest Foundation supports this bill by stating that by  
            requiring the deployment of AEDs as part of an emergency  
            response plan, there will be a more effective and efficient  
            emergency response system in California commercial properties.

          10.Opposition. The California Business Properties Association,  
            Building Owners and Managers Association of California,  
            Commercial Real Estate Development Association, and  








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            International Council of Shopping Centers all oppose this  
            bill, stating that advancements in technology in the use of  
            AEDs has made the existing standards for training and testing  
            obsolete. These opponents note that SB 648 (Hill), which  
            passed this committee on April 8, 2015, proposes to reform  
            these outdated requirements that have become barriers to  
            installation.  Opponents state that mandating installation  
            before this reform has been enacted will put property owners  
            and tenants in an untenable position where they may be forced  
            to install a device but physically cannot comply with the  
            training requirements required by statute.  Opponents also  
            state that building code has traditionally applied equally to  
            all structures based on occupancy, regardless of ownership.
          
          
           SUPPORT AND OPPOSITION  :
          Support:  California Professional Firefighters
                    Paramedics Plus
                    Sudden Cardiac Arrest Foundation
          
          Oppose:   California Business Properties Association
                    Building Owners and Managers Association of California
                    Commercial Real Estate Development Association, NAIOP  
                    of California
                    International Council of Shopping Centers

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