BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 287


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          Date of Hearing:  July 14, 2015


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          SB  
          287 (Hueso) - As Amended July 8, 2015


                              As Proposed to be Amended

          SENATE VOTE:  28-3

          SUBJECT:  Automated external defibrillators (AEDs)

          KEY ISSUES:  

          1)SHOULD BUILDINGS constructed after january 1, 2017 WITH  
            OCCUPANCY of 200 or more be required to Have An automated  
            external defibrillator, or AED, installed on the premises?


          2)Should a person who acquires an AED for installation in such a  
            building be given qualified immunity for acquiring the AED?


                                      SYNOPSIS


          An automated external defibrillator, or AED, is a medical device  
          that is used to administer an electric shock to the heart of a  
          person who has suffered cardiac arrest through the person's  
          chest wall.  Built-in computers in an AED assess the patient's  
          heart rhythm, determine whether the person is in cardiac arrest,  
          and signal whether to administer the shock.  Audible cues guide  








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          the user through the process of using the AED.  In 1999, in an  
          effort to encourage the installation and use of AEDs in  
          commercial buildings, the Legislature provided qualified  
          immunity to commercial property owners who installed AEDs in  
          their buildings.  That legislation (SB 911 (Figueroa), Ch. 163,  
          Stats. of 1999) put in place a number of requirements for  
          property owners who installed AEDs and Good Samaritans who use  
          them in order to obtain qualified immunity for civil liability  
          associated with the installation or use of the AED.  This bill  
          seeks to impose similar requirements on newly constructed  
          private and public buildings with occupancy of 200 or more.   
          Although state law provides extensive regulation of the  
          installation of AEDs in business properties, the California  
          Supreme Court has held that it was appropriate under these  
          circumstances to leave to the legislature the policy decision  
          whether a business should be required to acquire and make  
          available an AED for the protection of its patrons.  By  
          requiring the installation of AEDs on newly constructed  
          buildings with an  occupancy of 200 or more, and providing  
          qualified immunity for the person who acquires an AED for  
          installation on the premises, this bill seeks to increase the  
          supply and availability of AEDs.  This bill, which recently  
          passed the Assembly Business and Professions Committee by a vote  
          of 14-0, is supported by emergency medical care providers and,  
          because of recent amendments, the California Business Property  
          Owners Association.  It has no opposition.


          SUMMARY:  Requires certain structures, whether owned or operated  
          by the state or any local government entity, that are  
          constructed on or after January 1, 2017 to have an AED on the  
          premises and exempts a person or entity acquiring the AED from  
          liability for civil damages resulting from certain use,  
          attempted use, or nonuse of an AED.  Specifically, this bill:  


          1)Requires various structures with an occupancy of 200 or more  
            to have an automated external defibrillator (AED) on the  
            premises, specifically the following:








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             a)   Assembly Group A buildings (those used for the gathering  
               of persons for purposes such as civic, social, or religious  
               functions with an occupancy of greater than 300, such as  
               banquet halls, auditoriums and theaters).

             b)   Business Group B buildings (those used for office,  
               professional, or service-type transactions, including  
               storage of records and accounts with an occupancy of 200 or  
               more, such as banks, salons, professional services offices,  
               some colleges).

             c)   Educational Group E buildings (schools) with an  
               occupancy of 200 or more; 

             d)   Factory Industrial Group F buildings (used for  
               assembling, disassembling, fabricating, finishing,  
               manufacturing, packaging, repair or processing) with an  
               occupancy of 200 or more, including a building or  
               structure, or portion thereof that are not classified as a  
               Group H hazardous or Group S storage occupancy.

             e)   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.

             f)   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).

             g)   Mercantile Group M buildings with an occupancy of 200 or  
               more, including a building or structure, or portion  








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               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).

             h)   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).  

             i)   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.


          2)Provides qualified immunity from any civil damages to a person  
            or entity that supplies an AED pursuant to this section.
          3)Excludes single-family and multi-family dwelling units,  
            parking garages, and structures owned or operated by the state  
            or any local government entity from the above requirements.


          4)Has delayed implementation, taking effect as of January 1,  
            2017.


          


          EXISTING LAW:  
          1)Provides that a person or entity that acquires an AED for  
            emergency use is not liable for any civil damages resulting  
            from any acts or omissions when the AED is used to render  
            emergency care, provided that the person or entity has  








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            complied with specified maintenance, training, and notice  
            requirements of Health and Safety Code Section 1797.196. All  
            statutory references are to the California Health and Safety  
            Code, unless otherwise indicated.  (Civil Code Sec.  
            1714.21(d).)
          2)Provides that any person or entity responsible for the site  
            where the AED is located, is not liable for any civil damages  
            resulting from any acts or omissions by the person who uses  
            the AED to render emergency care provided that the physician,  
            person, or entity has complied with applicable requirements of  
            Section 1797.196.  (Civil Code Section 1714.21(e).)


          3)Provides that the qualified immunities described above do not  
            apply in the case of personal injury or wrongful death which  
            results from the gross negligence or willful or wanton  
            misconduct of the person who uses the AED to render emergency  
            care.  (Civil Code Section 1714.21(f).)


          4)Provides that any person or entity that acquires an AED is not  
            liable for any civil damages resulting from any acts or  
            omissions in the rendering of the emergency care if that  
            person or entity complies with all regulations governing the  
            placement of an AED and ensures each of the following:


             a)   The AED is maintained and regularly tested according to  
               the operation and maintenance guidelines set forth by the  
               manufacturer, the American Heart Association, 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;

             b)   The AED is checked for readiness after each use and at  
               least once every 30 days if it has not been used in the  
               preceding 30 days, and records of these checks are  
               maintained;








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             c)   Any person who renders emergency care using the AED  
               activates the emergency medical services (EMS) system as  
               soon as possible, and reports any use of the AED to the  
               local EMS agency;

             d)   For every AED unit acquired up to five units, at least  
               one employee per unit must complete a training course in  
               cardiopulmonary resuscitation (CPR) and AED use and after  
               the first five AED units are acquired, for each additional  
               five units acquired, one employee is trained beginning with  
               the first unit acquired.  Acquirers of AEDs shall have  
               trained employees who should be available to respond to an  
               emergency that may involve the use of an AED during normal  
               operating hours; and

             e)   There is a written plan describing the procedures to be  
               followed in the event of an emergency that may involve  
               using an AED.  (Section 1797.196(b).)


          5)Requires the following, where applicable:
             a)   If the AED is placed in a building, building owners must  
               annually provide tenants with a brochure describing the  
               proper use of an AED, and also ensure that similar  
               information is posted next to any installed AED;

             b)   If the AED is placed in a building, building owners must  
               notify tenants as to the location of AED units in the  
               building at least once a year; and

             c)   If an AED is placed in a public or private K-12 school,  
               the principal must annually provide school administrators  
               and staff with a brochure describing the proper use of an  
               AED, post similar information next to the AED, and  
               designate trained employees to be available to respond to  
               an emergency that may involve the use of an AED during  
               normal operating hours.  (Section 1797.196(b).)









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          1)Provides that the qualified immunities do not apply in the  
            case of personal injury or wrongful death which results from  
            the gross negligence or willful or wanton misconduct of the  
            person who uses the AED to render emergency care.  (Section  
            1797.196(e).)
          2)Requires that the person or entity supplying an AED must:  (a)  
            notify an agent of the local EMS agency of the existence,  
            location, and type of AED acquired; and (b) provide the AED  
            acquirer with information regarding the AED's use,  
            installation, operation, training, and maintenance.  (Section  
            1797.196(c).)


          3)Provides that nothing in the above sections (Health and Safety  
            Code Section 1797.196 or Civil Code Section 1714.21) may be  
            construed to require a building owner or a building manager to  
            acquire and install an AED in any building.  (Section  
            1797.196(f).)


          FISCAL EFFECT:  As currently in print this bill is keyed fiscal.
          COMMENTS:  An automated external defibrillator, or AED, is a  
          medical device that is used to administer an electric shock to  
          the heart of a person who has suffered cardiac arrest through  
          the person's chest wall.  Built-in computers in an AED assess  
          the patient's heart rhythm, determine whether the person is in  
          cardiac arrest, and signal whether to administer the shock.   
          Audible cues guide the user through the process of using the  
          AED. 


          In 1999, in an effort to encourage the installation and use of  
          AEDs in commercial buildings, the Legislature provided qualified  
          immunity to commercial property owners who installed AEDs in  
          their buildings.  That legislation (SB 911 (Figueroa), Ch. 163,  
          Stats. of 1999) put in place a number of requirements for  
          property owners who installed AEDs and Good Samaritans who use  
          them in order to obtain qualified immunity for civil liability  








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          associated with the installation or use of the AED.  This  
          Committee's analysis of SB 911 summarized the "training and  
          maintenance requirements for qualified immunity," as follows:  


              For AED operators:   For the qualified immunity to apply, SB  
             911 would require the good samaritan operator to have  
             completed a basic CPR and AED use course within the preceding  
             12 months that complies with regulations adopted by the  
             Emergency Medical Services Authority (EMSA) and the standards  
             adopted by the American Heart Association or the American Red  
             Cross for CPR and AED use.  Current EMSA regulations call for  
             a training class of not less than four hours covering, among  
             other topics:  (1) the proper use, maintenance, and periodic  
             inspection of the AED; (2) the importance of CPR and  
             defibrillation; (3) assessment of an unconscious patient to  
             determine if cardiac arrest has occurred and the  
             appropriateness of using the AED; and (4) information as to  
             defibrillator safety precautions and training in determining  
             if further usage is necessary.


              For businesses having AEDs on site:   In order to qualify for  
             the bill's immunity protections, a business acquiring an AED  
             must satisfy all of the following conditions:  (1) comply  
             with all regulations governing the training, use, and  
             placement of an AED; (2) notify the local EMS agency of the  
             existence, location and type of AED acquired; (3) ensure all  
             of the following:  (i) that expected AED users annually  
             complete the required training for AED operators to qualify  
             for the immunity; (ii) that the defibrillator is maintained  
             and tested according to the manufacturer's operational  
             guidelines; (iii) that the owner conduct a readiness check  
             after each usage, and at least once every 30 days if the AED  
             has not been used in the preceding 30 days, and to keep  
             records of such checks; (iv) that the emergency medical  
             services system is activated as soon as possible when an  
             operator uses an AED, and that usage is reported to the local  
             EMS agency and the authorizing medical authority; and, (v)   








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             that a licensed physician is involved in developing a program  
             to ensure compliance with the regulations and the  
             requirements for training, notification and maintenance.  


          Case Law Regarding the Duty of Businesses to Their Customers -  
          AED Installation.  In Rotolo v. San Jose Sports and  
          Entertainment (2007) 151 Cal.App.4th 307, a lawsuit was brought  
          by the parents of a 17-year-old who experienced sudden cardiac  
          arrest and collapsed on the ice while participating in a hockey  
          tournament game on the south rink at Logitech Ice.  Two event  
          bystanders, mothers of other participants in the event,  
          responded to the medical emergency. While they provided CPR to  
          the teen, 911 was called to report the incident to the  
          appropriate emergency responders.  Sometime prior to this  
          incident one or more AED's had been acquired and installed at  
          the Logitech Ice facility.  "Respondents had placed one AED on  
          the wall in the area near the penalty box of the south rink  
          where the teenager had collapsed.  No one was aware that an AED  
          was installed and available for use close to the south rink.  
          Neither one of the referees officiating the game was aware of  
          the AED.  Both [the mothers who performed CPR on Rotolo] had  
          been trained and certified in the use of AED's.  However, no one  
          informed them that there was an AED nearby."  The teenager did  
          not survive.  (Id. at pp. 316-317.)  


          In that case, the Superior Court ruled in favor of the  
          defendants, holding that the Legislature had occupied the field  
          by enacting a number of detailed and comprehensive statutes  
          governing the acquisition and use of AEDs, which reflected  
          legislative policy to encourage the availability of AEDs by  
          providing immunity from liability for those who acquired the  
          devices, when they were used in an attempt to save a life.  


             Those who do install AED's in their buildings will not be  
             liable for damages resulting from the rendering of emergency  
             care with an AED, so long as certain requirements are met,  








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             including maintenance, testing, posting and notice.   
             [Citations omitted.]  The notice that is required is  
             specifically limited to tenants of the building where the AED  
             is located.  [Citations omitted.]  The only other notice  
             requirement set forth in these statutes is that the person or  
             entity that supplies an AED must notify the local emergency  
             services agency of its location.  [Citations omitted.]   
             Nothing in these statutes requires that a building owner or  
             manager give notice to particular members of the public  
             expected to use the building.  Furthermore, we believe the  
             imposition of such duties that are not clearly outlined in  
             the statutes would tend to discourage, rather than to  
             encourage, the voluntary acquisition of AED's, and would thus  
             defeat the underlying legislative purpose of promoting the  
             widespread use of these devices.  (Rotolo v. San Jose Sports  
             and Entertainment, supra, at p. 314.)   


          The court also held that, under the common law, the duty of care  
          of a landlord (based on the special relationship to tenants and  
          invitees) had never been extended to impose an affirmative duty  
          like the parents sought to impose: to give notice to prospective  
          invitees about the existence and location of a medical device.   
          (Id. at pp. 314-315.)


          Most recently, in 2014, at the request of the Ninth Circuit, the  
          California Supreme Court addressed the following certified  
          question: whether, under California law, the common law duty of  
          reasonable care that the defendant retailer owed to its business  
          customers included an obligation to obtain and make available on  
          its business premises an AED for use in a medical emergency.   
          Notably, that case, Verdugo v. Target Corporation (2014) 59  
          Cal.4th 312, overruled Rotolo to the extent that the case, in  
          dicta, stated broadly that the legislature has occupied the  
          field by enacting a number of detailed and comprehensive  
          statutes governing the acquisition and use of AEDs.  (Id. at p.  
          334.)  









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          In Verdugo, the lawsuit arose after a customer at Target  
          suffered sudden cardiac arrest and collapsed while shopping at a  
          Target department store in Pico Rivera, California.  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 and in the meantime, she died.  Target did not have an AED  
          in its store.  The deceased's mother and brother filed the  
          underlying lawsuit against Target, maintaining that Target  
          breached the duty of care that it owed to Verdugo, a business  
          customer, by failing to have on hand within its department store  
          an AED for use in a medical emergency.


          There, the California Supreme Court held that the existing state  
          statutes on AEDs cannot properly be interpreted to preclude a  
          court from determining whether a business's common law duty to  
          exercise reasonable care with regard to the health and safety of  
          its customers includes, either in general or in particular  
          circumstances, an obligation to acquire and make available an  
          AED for use in a medical emergency.  (Verdugo v. Target  
          Corporation, supra, at p. 321.)  In light of the extent of the  
          burden that would be imposed by a requirement to acquire and  
          make available an AED and in the absence of any showing of  
          heightened foreseeability of sudden cardiac arrest or of an  
          increased risk of death, the Supreme Court held it was  
          appropriate under these circumstances to leave to the  
          legislature the policy decision whether a business should be  
          required to acquire and make available an AED for the protection  
          of its patrons.  (Id. at p. 341.) 


          Qualified Immunity for Good Samaritans.  In 2009, the  
          Legislature amended Section 1799.102 to provide that persons who  
          provide emergency care or assistance, whether medical or  
          non-medical, shall not be liable for damages caused by their  
          acts or omissions while rendering emergency care, so long as  
          their conduct does not constitute "gross negligence" or "willful  








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          or wanton misconduct."  (AB 83 (Feuer), Chap. 77, Stats. 2009.)   
          AB 83 was the Legislature's response to a decision by the  
          California Supreme Court, Van Horn v. Watson (2008) 45 Cal.4th  
          322.  In the Van Horn case, Lisa Torti pulled her friend and  
          co-worker, Alexandra Van Horn, from a crashed vehicle in Los  
          Angeles, fearing the vehicle was about to catch fire or even  
          explode.  Tragically, in doing so, Torti may have worsened Van  
          Horn's injuries.  Van Horn later sued the driver, who in turn  
          sued Torti for exacerbating Van Horn's injuries.  The Court held  
                         that the state's "Good Samaritan" statute, when read as part of  
          the overall statutory scheme, only provided immunity to persons  
          with respect to medical care at the scene of an emergency and  
          did not apply to "non-medical" emergency assistance, such as  
          pulling a person from a potentially exploding automobile or a  
          burning building.  


          AB 83 clarified the general Good Samaritan statute (Section  
          1799.102), which provides immunity to all rescuers who render  
          emergency care at the scene of an emergency, so that immunity  
          applied as long as the care was rendered "in good faith and not  
          for compensation," regardless of whether the care is found to be  
          of a medical or non-medical nature.  However, AB 83  
          appropriately clarified that such broad immunity is unavailable  
          to rescuers who engage in grossly negligent or willful or wanton  
          misconduct.  The limited or "qualified" immunity adopted by AB  
          83 is a compromise meant to encourage altruistic behavior, but  
          still protect the public from grossly negligent or deliberately  
          harmful behavior.  
          Immunity Provision in this Bill.  In order to encourage the  
          installation of AEDs on newly constructed business premises,  
          this bill includes the following immunity provision: 


            A person or entity that supplies an AED pursuant to this  
            section shall not be liable for any civil damages pursuant to  
            Section 1797.196 of this code and Section 1714.21 of the Civil  
            Code.  









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          Meanwhile, Civil Code Section 1714.21 provides immunity from  
          civil liability for persons who "acquire" AEDs for installation  
          in existing private buildings.  It provides that: 


            A person or entity that acquires an AED for emergency use  
            pursuant to this section is not liable for any civil damages  
            resulting from any acts or omissions in the rendering of the  
            emergency care by use of an AED if that person or entity has  
            complied with subdivision (b) of Section 1797.196 of the  
            Health and Safety Code.  (Civil Code Section 1714.21 (d)(1).)


          The immunity provisions should be identical, or at least very  
          similar, for newly constructed and existing commercial  
          buildings.  But the immunity provision in this bill is not  
          similar to the provision regarding existing construction that is  
          in current law.  For example, this bill does not require the  
          person who acquires the AED, as a condition of obtaining  
          immunity, to comply with various notice and training  
          requirements set forth in Health and Safety Code Section  
          1797.196, including for example, the following:


            For every AED unit acquired up to five units, no less than one  
            employee per AED unit shall complete a training course in  
            cardiopulmonary resuscitation and AED use that complies with  
            the regulations adopted by the Emergency Medical Service  
            Authority and the standards of the American Heart Association  
            or the American Red Cross. After the first five AED units are  
            acquired, for each additional five AED units acquired, one  
            employee shall be trained beginning with the first AED unit  
            acquired. Acquirers of AED units shall have trained employees  
            who should be available to respond to an emergency that may  
            involve the use of an AED unit during normal operating hours.   
            (Health and Safety Code Section 1797.196(a)(2)(D).)










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          Because of the current wording of the immunity provision, none  
          of the requirements of the Civil Code Section are conditions of  
          the immunity provided in this bill.  Furthermore, as currently  
          in print, this bill provides immunity to a "supplier" of an AED.  
           The Legislature does not consider it appropriate to grant  
          immunity from civil liability to the "supplier" of an AED.  As  
          Civil Code Section 1714.21(g) provides, "Nothing in this section  
          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."  The  
          author indicates that it is his intent to only provide immunity  
          from liability to persons who "acquire" and AED.  Therefore, in  
          order to clarify that the same standards apply, the author has  
          agreed to the following clarifying amendment, making the  
          immunity provision virtually identical to Civil Code Section  
          1714.21(d)(1):


            A person or entity that  supplies   acquires  an AED  for emergency  
            use  pursuant to this section shall not be liable for any civil  
            damages  resulting from any acts or omissions in the rendering  
            of the emergency care by use of an AED if that person or  
            entity has complied with subdivision (b) of   pursuant to   
            Section 1797.196 of this code  and Section 1714.21 of the Civil  
            Code  .  
          Local Ordinances.  Of note, in December 2008, the San Diego City  
          Council voted unanimously to require defibrillators in all new  
          buildings with more than three stories or more than 10,000  
          square feet; in places of assembly with capacity for more than  
          300 people; and in educational facilities with 200 or more  
          students.  That legislation reportedly "covers practically all  
          new commercial buildings; medical, dental, and outpatient  
          clinics; hotels; motels; restaurants; schools; theaters;  
          churches; and warehouses."  The municipal building code requires  
          new buildings to be prewired during construction for dedicated  
          wall mounts for AED systems with self-testing alarms, similar to  
          requirements for installations of sprinkler systems and fire  
          alarms. Also under that code, building owners are required to  
          register their AED equipment with the fire rescue department,  








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          test it annually, and notify the fire department each time the  
          device is used.  (Madaffer, For Safety's Sake, Occupational  
          Health & Safety (Feb. 2009)  
            
          [as of May 6, 2015]; see also San Diego Municipal Code, Chapter  
          14, Article 5, Division 39: Automated External Defibrillators,  
          Secs. 145.3901 - 145.3935,  
           [as of May 6, 2015].)


          Recent Amendments Remove Opposition.  The bill was recently  
          amended in the Assembly Business and Professions Committee to  
          exempt storage, high-hazard buildings, use occupancy  
          classifications, and licensed healthcare facilities from  
          requirements of the bill, and to become operative on January 1,  
          2017.  The purpose of exempting those building classifications,  
          according to the analysis of this bill by the Business and  
          Professions Committee, was because they "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" or, in the case of licensed health care facilities which  
          "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."  


          As a result of the recent amendments, the California Business  
          Properties Association (CBPA), which formerly opposed the bill,  
          now supports SB 287.  According to the CBPA: 


            SB 287 (Hueso) which would require installation of Automatic  
            External Defibrillators (AED) in certain new commercial  
            buildings after January 1, 2017. We appreciate recent  
            amendments to the bill which have addressed concerns regarding  
            policy and operational issues. 










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            Because of the life-saving potential of AEDs and their proven  
            efficacy, our industry has been working to increase  
            accessibility of these devices in public places where cardiac  
            arrest may be a significant risk. Many of our members  
            currently have them installed in their buildings. 


            However, SB 287 will require installation of AED's in certain  
            commercial buildings with max occupancies of 200 or more that  
            are constructed and occupied on or after January 1, 2017. This  
            will ensure that more employees, tenants, and guests will have  
            access to these devices when needed.
          Pending Similar Legislation.  SB 658 (Hill) expands the immunity  
          provisions in existing law for use of an AED by removing, as a  
          condition of immunity, the requirement that a person or entity  
          acquiring AEDs comply with specified maintenance, training, and  
          notice requirements and requires that a person or entity  
          acquiring an AED need only meet certain minimal maintenance and  
          notice requirements, and would repeal training requirements from  
          existing law.  SB 658 passed this Committee and, as of the date  
          of this analysis, is pending on the Assembly Floor.


          Prior Similar Legislation.  SB 911 (Figueroa, Ch. 163, Stats.  
          1999) created a qualified immunity from civil liability for  
          trained persons who use AEDs in good faith and without  
          compensation when rendering emergency care or treatment at the  
          scene of an emergency.  The bill also provided for immunity from  
          liability for persons or entities that acquire an AED, provided  
          that the person or entity has complied with specified  
          maintenance, training, and notice requirements.  The immunity  
          does not apply in cases of personal injury or wrongful death  
          resulting from gross negligence or willful or wanton misconduct.  
           


          AB 2041 (Vargas, Ch. 718, Stats. 2002) expanded this immunity by  
          relaxing the requirement that building owners must ensure that  
          expected AED users complete training. 








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          AB 1507 (Pavley, Ch. 431, Stats. 2005) required health studios  
          to acquire, maintain, and train personnel in the use of AEDs. AB  
          1507 specifically applied most of existing law to health studios  
          but made the acquisition of AEDs mandatory rather than voluntary  
          until July 1, 2012. 


          SB 127 (Calderon, Ch. 500, Stats. 2010) extended the health  
          studios' AED mandate.  


          SB 1436 (Lowenthal, Ch. 71, Stats. 2012) deleted the sunset,  
          thereby indefinitely extending the requirement for health  
          studios to acquire, maintain, and train personnel in the use of  
          AEDs.  


          REGISTERED SUPPORT / OPPOSITION:


          Support
          American Heart Association
          American Medical Response
          American Stroke Association
          California Business Properties Association
          California Professional Firefighters
          California State Firefighters Association
          Paramedics Plus
          San Diego Project Heart Beat
          San Ysidro Health Center
          San Diego City Firefighters Local 145


          Opposition
          None on file










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          Analysis Prepared by:Alison Merrilees / JUD. / (916)  
          319-2334