BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 287
          Author:   Hueso (D)
          Amended:  7/16/15  
          Vote:     21  

           SENATE HEALTH COMMITTEE:  9-0, 4/15/15
           AYES:  Hernandez, Nguyen, Hall, Mitchell, Monning, Nielsen,  
            Pan, Roth, Wolk

           SENATE JUDICIARY COMMITTEE:  4-2, 5/12/15
           AYES:  Jackson, Hertzberg, Leno, Monning
           NOES:  Moorlach, Anderson
           NO VOTE RECORDED:  Wieckowski

           SENATE FLOOR:  28-3, 5/26/15
           AYES:  Allen, Beall, Block, Cannella, De León, Galgiani,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,  
            Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,  
            Nguyen, Pan, Pavley, Roth, Runner, Stone, Wolk
           NOES:  Anderson, Moorlach, Morrell
           NO VOTE RECORDED:  Bates, Berryhill, Fuller, Gaines, Hall,  
            Nielsen, Vidak, Wieckowski

           ASSEMBLY FLOOR:  75-1, 8/27/15 - See last page for vote

           SUBJECT:   Automated external defibrillators


          SOURCE:    Author

          DIGEST:   This bill requires certain buildings with capacities  
          of 200 persons or greater, as specified, constructed on or after  
          January 1, 2017, to have an automated external defibrillator  
          (AED) on the premises.









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          Assembly Amendments 1) delay the operative date of this bill to  
          January 1, 2017; 2) clarify that the provisions of the bill  
          apply only to occupied buildings and not to structures that are  
          vacant or under construction or renovation; 3) remove storage  
          buildings and high-hazard buildings, and exempt licensed health  
          facilities, as specified, from the requirements of this bill; 4)  
          delete the state-owned or -operated exemption from the bill; and  
          5) conform the qualifications for immunity from civil liability  
          to those qualifications in existing law.

          ANALYSIS:
               
          Existing law:

          1)Classifies, in the California Code of 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;

             b)   Ensures that any person who renders emergency care or  
               treatment by using an AED activates the emergency medical  








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               services (EMS) 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 occupied structures that are  
            constructed on or after January 1, 2017, 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, institutional buildings, and mercantile  
               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 acquires 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 any local government  
            entity, storage buildings, as defined, high-hazard buildings,  
            as defined, and health facilities, as specified, from the  
            provisions of this bill.









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          Comments
          
          1)Author's statement. 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  
            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)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 SCA. SCA 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 EMS-assessed cardiac arrests outside of  
            a hospital setting and on average, less than 10% 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%. The 2013 Update of AHA's Heart Disease  
            and Stroke Statistics shows that 23% 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  








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            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% for cardiac arrest victims. AHA  
            states on its Web site 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.  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  








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               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.

             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 SCA and collapsed. In  








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            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.

            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  








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               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."

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Assembly Appropriations Committee, likely minor  
          annual state costs, related to the purchase, installation, and  
          maintenance of AEDs and training on their use. These costs would  
          be from the General Fund and various special funds and would  
          depend on the number of applicable state buildings constructed  
          each year. At the state level, this bill mainly impacts the  
          Department of General Services (DGS), the Department of  
          Corrections and Rehabilitation, the University of California,  
          and the California State University. According to DGS, the cost  
          of an AED unit is about $2,000.  In addition, DGS provides  
          training on AED operations through a contract costing $5,000  
          annually. Pending legislation would reduce training  
          requirements, however.


          DGS notes that best practice is to have one AED on each floor,  
          or if a building is single-story, to have an AED within  
          one-minute walk of where any emergency could occur within the  
          building. While meeting these practices would increase costs,  
          this bill does not contain such requirements.


          SUPPORT:   (Verified8/28/15)


          American Heart Association
          American Medical Response
          American Stroke Association
          California Business Properties Association
          California Professional Firefighters








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          California State Firefighters Association
          City of Rancho Mirage
          Madaffer Enterprises
          Paramedics Plus
          San Diego City Firefighters Local 145
          San Diego Project Heart Beat
          San Ysidro Health Center
          Sudden Cardiac Arrest Foundation


          OPPOSITION:   (Verified8/28/15)


          None received


          ARGUMENTS IN 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%. Paramedics Plus also suggests an  
          amendment to this 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.
           

          ASSEMBLY FLOOR:  75-1, 8/27/15
          AYES:  Achadjian, Alejo, Baker, Bigelow, Bloom, Bonilla, Bonta,  
            Brough, Brown, Calderon, Campos, Chang, Chau, Chávez, Chiu,  
            Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger  








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            Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,  
            McCarty, Medina, Melendez, Mullin, Nazarian, O'Donnell, Olsen,  
            Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
          NOES:  Travis Allen
          NO VOTE RECORDED:  Burke, Frazier, Harper, Obernolte


          Prepared by:Juan Reyes / HEALTH / 
          8/28/15 17:11:17


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