BILL ANALYSIS Ó SB 287 Page 1 Date of Hearing: July 7, 2015 ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS Susan Bonilla, Chair SB 287(Hueso) - As Amended June 23, 2015 SENATE VOTE: 28-3 NOTE: This bill is double-referred, and if passed by this Committee, it will be referred to the Assembly Judiciary Committee. 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)Exempts from civil liability 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. (Civil Code (CIV) Section 1714.21) 2)Exempts from civil liability a person or entity that provides SB 287 Page 2 CPR and AED training to a person who renders emergency care pursuant to 1). (CIV Section 1714.21(c)) 3)Exempts from civil liability a person or entity that acquires an AED for emergency use pursuant to these provisions if that person or entity has complied with the requirements in the Health and Safety Code (HSC) pertaining to maintenance, training, and use relating to AEDs, as specified. (CIV Section 1714.21(d)) 4)Exempts from civil liability a physician who is involved with the placement of an AED and any person or entity responsible for the site where an AED is located if that physician, person, or entity has complied with the requirements in the HSC pertaining to maintenance, training, and use relating to AEDs, as specified, that apply to that physician, person, or entity. (CIV Section 1714.21(e)) 5)Provides that these protections do not apply in the case of personal injury or wrongful death that result from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment by the use of an AED. (CIV Section 1714.21(f)) 6)Provides that nothing in these provisions shall relieve a manufacturer, designer, developer, distributor, installer, or supplier of an AED or defibrillator of any liability under any applicable statute or rule of law. (CIV Section 1714.21(g)) 7)Authorizes the Emergency Medical Services Authority (Authority) to establish minimum standards for the training and use of AEDs. (Health and Safety Code (HSC) Section 1797.190) 8)To ensure public safety, exempts from civil liability any SB 287 Page 3 person or entity that acquires an AED if that person or entity does all of the following: a) Complies with all regulations governing the placement of an AED. (HSC Section 1797.196(b)(1)) b) Ensures all of the following: i) The AED is maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, the American Heart Association (AHA), and 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; ii)The AED is checked for readiness after each use and at least once every 30 days if the AED has not been used in the preceding 30 days, and requires records of these checks to be maintained; iii)Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED activates the emergency medical services system as soon as possible, and reports any use of the AED to the licensed physician and to the local EMS agency; iv)For every AED unit acquired up to five units, no less than one employee per AED unit complete a training course in cardiopulmonary resuscitation (CPR) and AED use that complies with the regulations adopted by the Authority and the standards of the AHA or the American Red Cross, and require an additional employee trained for each additional five AED units acquired, as specified. Requires those with AEDs to have trained employees who should be available to respond to an emergency that may SB 287 Page 4 involve the use of an AED unit during normal operating hours; and v) There is a written plan that describes the procedures to be followed in the event of an emergency that may involve the use of an AED, to ensure compliance with the requirements of provisions, and requires the plan to include immediate notification of 911 and trained office personnel at the start of AED procedures. (HSC Section 1797.196(b)(2)) c) When an AED is placed in a building, requires building owners to: i) Ensure that tenants annually receive a brochure, approved as to content and style by the American Heart Association or American Red Cross, which describes the proper use of an AED, and that similar information is posted next to any installed AED; and ii)Notify their tenants at least annually as to the location of AED units in the building. (HSC Section 17971.196(b)(3),(4)) d) When an AED is placed in a public or private K-12 school, requires the principal to: i) Ensure that the school administrators and staff annually receive a brochure, approved as to content and style by the American Heart Association or the American Red Cross, that describes the proper use of an AED, and that similar information is posted next to every AED; ii)Notify school employees at least annually as to the location of all AED units on the campus; and iii)Designate the trained employees who shall be available to respond to an emergency that may involve the use of an AED during normal operating hours, as specified. (HSC SB 287 Page 5 Section 1797.196(b)(5)) 9)Requires any person or entity that supplies an AED to do all of the following: (HSC Section 17971.196(c)) a) Notify an agent of the local Emergency Medical Services agency of the existence, location, and type of AED acquired. (HSC Section 17971.196(c)(1)) b) Provide to the acquirer of the AED all information governing the use, installation, operation, training, and maintenance of the AED. (HSC Section 17971.196(c)(2)) 10)Provides that a violation of this provision is not subject to a misdemeanor, as specified. (HSC Section 17971.196(d)) 11)Provides that these protections do not apply in the case of personal injury or wrongful death that result from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment by the use of an AED. (HSC Section 17971.196(e)) 12)Provides that nothing in these provisions or Section 1714.21 of the CIV may be construed to require a building owner or a building manager to acquire and have installed an AED in any building. (HSC Section 17971.196(f)) THIS BILL: 13)Requires the following structures that are constructed on or after January 1, 2016, as defined in the California Building Standards Code, to have an AED on the premises subject to the existing requirements listed in the HSC relating to maintenance, training, and use: a) Assembly buildings, as defined, with an occupancy of greater than 300; SB 287 Page 6 b) Business buildings, educational buildings, factory buildings, high-hazard buildings, institutional buildings, mercantile buildings, and storage buildings, excluding parking garages, as each of these buildings are defined, and if they have occupancies of 200 or more; and, c) Residential buildings, as defined, with occupancy of 200 or more, excluding single-family and multi-family dwelling units. 14)Exempts from civil liability a person or entity that supplies an AED pursuant to these provisions, as specified in existing provisions of the CIV and the HSC that condition immunity on meeting certain requirements related to maintenance, training, and use of an AED, as specified. 15)Excludes structures owned or operated by any local entity from the provisions of this bill. FISCAL EFFECT: Unknown. This bill is keyed "fiscal" by the Legislative Counsel. COMMENTS: Purpose. This bill is sponsored by the author. According to the author, "An estimated 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%. 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%. By requiring AED devices in newly constructed buildings with large occupancies, we can ensure that more individuals will be within 4 minutes of an AED, substantially increasing their chance of survival. In SB 287 Page 7 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." AEDs. An AED is a lightweight, battery-operated portable device that checks the heart rhythm and can deliver an electric shock through the chest to the heart to try to restore a normal heart rhythm. AEDs are used to treat SCA. An SCA is a condition in which the heart suddenly and unexpectedly stops beating, which stops blood flowing to the brain and other vital organs. According to the AHA most SCAs result from ventricular fibrillation ("v-fib"). This is a rapid and unsynchronized heart rhythm starting in the heart's lower pumping chambers, or the ventricles, which is a type of arrhythmia. The heart must be defibrillated quickly, because a victim's chance of surviving drops by 10 percent for every minute a normal heartbeat is not restored. According to the National Heart, Lung, and Blood Institute of the National Institutes of Health (NHLBI), 95% of people who have SCA die from it within minutes. A built-in computer in the AED checks a victim's heart rhythm through adhesive electrodes, and calculates whether defibrillation is needed. If defibrillation is needed, a recorded voice instructs the rescuer to press the shock button on the AED. This shock momentarily stuns the heart and stops all activity, giving the heart the chance to resume beating effectively. Instructions guide the user through the process, and the device prompts the user to let them know if and when they should send a shock to the heart. AEDs advise a shock only for ventricular fibrillation or another life-threatening condition relating to the heart. According to the NHLBI, "?learning how to use an AED and taking a CPR course are helpful. However, if trained personnel aren't available, untrained people can also use an AED to help save someone's life." SB 287 Page 8 According to the AHA, AEDs are safe to use by anyone who's been trained to use them, and studies have shown that 90 percent of the time AEDs are able to detect a rhythm that should be defibrillated, and 95 percent of the time, AEDs are able to recommend not shocking when the computer shows defibrillation is not indicated. According to the NHLBI, AEDs are "?safe to use. There are no reports of AEDs harming bystanders or users. Also, there are no reports of AEDs delivering inappropriate shocks." According to the AHA, most AEDs are estimated to cost $1,500 to $2,000. Building Classifications. The California Building Standards Code classifies buildings and structures by 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. This bill would require specified private and state structures, as defined in the California Building Standards Code, to have AEDs on premises. These structures include the following: 1) Assembly Group A buildings with an occupancy of greater than 300, including a building or structure, or portion thereof, used 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 (e.g., theaters, banquet halls, restaurants, bars, libraries, museums). 2) Business Group B buildings with an occupancy of 200 or more, including a building or structure, or portion thereof, used for office, professional, or service-type transactions, including storage of records and accounts (e.g. banks, salons, professional services offices, some colleges). SB 287 Page 9 3) Educational Group E buildings with an occupancy of 200 or more, including a building or structure, or portion thereof, used 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, or specified day care facilities. 4) Factory Industrial Group F buildings with an occupancy of 200 or more, including a building or structure, or portion thereof, used 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. 5) High-hazard Group H buildings with an occupancy of 200 or more, including 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. 6) Institutional Group I buildings with an occupancy of 200 or more, including 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 (e.g. custodial care facilities, hospitals, jails, prisons, nursing homes). SB 287 Page 10 7) Mercantile Group M buildings with an occupancy of 200 or more, including a building or structure, or portion thereof, used for the display and sale of merchandise and involving stocks of goods, wares or merchandise incidental to such purposes and accessible to the public (e.g. department stores, markets, retail stores). 8) Residential Group R buildings with an occupancy of 200 or more, including a building or structure, or portion thereof, used for sleeping purposes when not classified as Group I occupancy or when not regulated by the California Residential Code (e.g. boarding houses, hotels, assisted living facilities, social rehabilitation facilities, group homes). 9) Storage Group S buildings with an occupancy of 200 or more, including a building or structure, or portion thereof, used for storage that is not classified as a hazardous occupancy. The bill specifically exempts parking garages. Other AED programs. In 2013, Oregon passed a law that required owners of a place of public assembly, defined as a single building that has 50,000 square feet or more of indoor floor space and where the public congregates for purposes such as deliberation, shopping, entertainment, amusement or awaiting transportation, or where business activities are conducted and at least 50 individuals congregate on a normal business day, to have on the premises at least one AED. In 2008, the City of San Diego passed an ordinance, which this bill is modeled after, in part, requiring the placement of AEDs SB 287 Page 11 in all newly constructed buildings in the same occupancy groups with the same occupant loads as specified in this bill. This ordinance also required AEDs to be located in a place to optimally achieve a three minute response time to the person in need of emergency care, and placed other requirements on building owners relating to the maintenance, recordkeeping, training, and use of the AED, as specified. According to the San Diego Project Heart Beat, the City's Public Access Defibrillation/CPR Program managed by the San Diego Fire-Rescue Department operated jointly with Rural/Metro Ambulance, over 123 lives have been saved as a result of the program. Current Related Legislation. SB 658 (Hill), revises the maintenance, training, and use requirements for placement of AEDs in commercial buildings and K-12 schools that are conditions for obtaining qualified immunity from civil liability for the selection, installation, placement, and use of AEDs in those facilities. STATUS: This bill is pending on the Assembly Floor. AB 2217 (Melendez) Chapter 812, Statutes of 2014, authorized a public school to solicit and receive nonstate funds to acquire and maintain an AED; provided that the employees of the school district are not liable for civil damages resulting from certain uses, attempted uses, or nonuses of an AED, except as provided; and provided that a public school or school district that complies with certain requirements related to an AED is not liable for any civil damages resulting from any act or omission in the rendering of the emergency care or treatment, except as specified. Prior Related Legislation. SB 1436 (Lowenthal), Chapter 71, Statutes of 2012, removed the sunset date for civil immunity in connection with the use of AEDs, thereby making that immunity permanent. SB 287 Page 12 SB 1281 (Padilla) of 2010, would have repealed provisions relating to the maintenance, training, and use of AEDs. NOTE: This bill was held in the Senate Judiciary Committee. 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 authorized a public high school to solicit and receive nonstate funds to acquire and maintain an AED, and require a public high school that acquired an AED, or continued to use an AED, to comply with specified requirements. NOTE: This bill was held in the Senate Appropriations Committee. AB 1312 (Swanson) of 2009, would have made existing requirements for health studios to purchase, maintain, and train staff in the use of automatic external defibrillators applicable to amusement parks and golf courses, and revised the sunset date on this requirement from July 1, 2012 to July 1, 2014. NOTE: This bill was vetoed by Governor Schwarzenegger due to the lack of a "?compelling need to extend the 2012 sunset date at this time, especially when a reasonable exemption for a particular type of business model was sought and rejected." 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 SB 287 Page 13 health studios in the state to have AEDs available with properly trained personnel until July 1, 2012. AB 1145 (Shirley Horton) Chapter 5, Statutes of 2004, required the Department of General Services to apply for specified federal funds for the purchase of automated external defibrillators to be located within state-owned and leased buildings, as specified. 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. ARGUMENTS IN SUPPORT: According to the California Professional Firefighters , "When lives are on the line, every second counts. And, 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. Because [this bill] would enhance the likelihood of a cardiac arrest victim's survival by making AEDs readily available in these instances, we urge your support for SB 287." According to the American Heart Association (AHA) and the American Stroke Association , "Every year there are over 300,000 out-of-hospital cardiac arrests in the United States. Sadly, SB 287 Page 14 only 10 percent of victims who suffer a cardiac arrest outside of a hospital setting survive, largle in part because many victims do not receive timely CPR or AED application. We support placing AEDs in targeted public areas such as sports arenas, gated communities, office complexes, doctor's offices, shopping malls and other public venues. When AEDs are placed in the community or a business or facility, the AHA strongly encourages that they be part of a public access to defibrillation program." According to the Sudden Cardiac Arrest Foundation , "The likelihood of survival from SCA decreases by about 10 percent each minute from the time of collapse until the time of treatment with a defibrillator. If the victim is not treated with a defibrillator within 10 minutes of collapse, survival is unlikely. Unfortunately, even the best emergency medical services typically cannot arrive at the scene of an emergency within 10 minutes of collapse?.AEDs are safe, effective, and designed for use by laypersons. They provide simple audio and visual instructions. They automatically diagnose potentially life-threatening heart rhythms. If an AED detects a problem that may respond positively to an electric shock, it permits a shock to be delivered to restore a normal heart rhythm. Given these facts and the fact that AEDs are increasing affordable?[,b]y requiring AED deployment as part of an emergency response plan, we can secure a more effective and efficient emergency response system in California commercial properties." ARGUMENTS IN OPPOSITION: The California Business Properties Association , Commercial Real Estate Development Association , International Council of Shopping Centers , and the Building Owners and Managers Association of California , all write in opposition, "Because of the life-saving potential of AEDs and their proven efficacy, we too encourage accessibility of these devices in places where cardiac arrest may be a significant risk. Many of our members currently have them installed in their buildings today. As such SB 287 Page 15 we have support reform of the statute that would remove outdated requirements which have become barriers to installation. This year, those reform provisions are contained in SB 658 (Hill)?.Therefore, mandating installation of AEDs while ignoring this reform 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. Additionally, SB 287 requires mandatory installation on private property only as it exempts buildings owned by state and local entities. Building code traditionally applies equally to all structured based on occupancy regardless of ownership. Such a parsing of ownership for these purposes would set a bad precedent. People in public buildings should have the same protections as people in private buildings." POLICY ISSUES: The author may wish to exempt storage and high-hazard building and use occupancy classifications from this bill. While the 200 person or more occupancy would still apply, those building classifications tend to be more associated with industrial uses, rather than the types of public places in which the bill seeks to increase the availability of AEDs. In addition, because licensed health care facilities already employ the use of AEDs and other similar lifesaving devices, the author may wish to explicitly exempt these facilities from the requirements of this bill. The author may also wish to consider delaying the operative date of this bill to ensure that property owners have sufficient time to prepare to meet the requirements of this bill, and that local jurisdictions that seek to make conforming changes to local ordinances have ample time to do so. In addition, while the bill only requires that these provisions apply to newly constructed buildings, the author may wish to clarify that these provision do not apply to unoccupied buildings. SB 287 Page 16 AMENDMENT(S): 1)On page 2, strike lines 21-22 and lines 29-30 from the bill, to exempt Group H high-hazard buildings and storage buildings. 2)On page 3, strike lines 7-9 and insert former subdivision (c) and new provisions as follows: (c) This chapter does not apply to the following: (1) A structure or subdivision in subdivision (a) that is owned or operated by any local government entity. (2) A facility licensed pursuant to subdivision (a), (b), (c), or (f) of Section 1250." (3) Vacant or unoccupied buildings or buildings under construction or renovation. (d) This chapter shall become operative on January 1, 2017. REGISTERED SUPPORT: SB 287 Page 17 American Heart Association American Medical Response American Stroke Association California Professional Firefighters California State Firefighters' Association Madaffer Enterprises, Inc. Paramedics Plus San Diego Fire Fighters Local 145 San Ysidro Health Center Sudden Cardiac Arrest Foundation REGISTERED OPPOSITION: California Business Properties Association Building Owners and Managers Association of California Commercial Real Estate Development Association, NAIOP of California International Council of Shopping Centers Analysis Prepared by:Eunie Linden / B. & P. / (916) 319-3301