Senate Bill No. 658

Introduced by Senator Hill

February 27, 2015

An act to amend Section 1714.21 of the Civil Code, and to amend Section 1797.196 of the Health and Safety Code, relating to automated external defibrillators.

LEGISLATIVE COUNSEL’S DIGEST

SB 658, as introduced, Hill. Automated external defibrillators.

Existing law exempts from civil liability any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an automatic external defibrillator (AED) at the scene of an emergency, except in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment. Existing law also exempts from civil liability a person or entity that acquires an AED for emergency use, a physician who is involved with the placement of the AED, and any person or entity responsible for the site where the AED is located if specified conditions are met, including maintenance and regular testing of the AED and having a written plan that describes the procedures to be followed in case of an emergency that may involve the use of the AED.

This bill would remove the conditions required for the exemption from civil liability of a person or entity that acquires an AED for emergency use and any person or entity responsible for the site where the AED is located. The bill would require a person or entity that acquires an AED to, among other things, comply with specified regulations for the placement of the device and ensure that the AED is maintained and annually tested. The bill would make related changes.

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

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

SECTION 1.  

Section 1714.21 of the Civil Code is amended
to read:

1714.21.  

(a) For purposes of this section, the following
definitions shall apply:

(1) “AED” or “defibrillator” means an automated or automatic
external defibrillator.

(2) “CPR” means cardiopulmonary resuscitation.

(b) 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 is not liable for any civil damages resulting
from any acts or omissions in rendering the emergency care.

(c) A person or entity who provides CPR and AED training to
a person who renders emergency care pursuant to subdivision (b)
is not liable for any civil damages resulting from any acts or
omissions of the person rendering the emergency care.

(d) 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 begin delete AED, if that person or entity has complied with
subdivision (b) of Section 1797.196 of the Health and Safety Code. end delete
begin insert AED. end insert

begin delete

(e) 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 is not liable for any civil damages resulting from any acts
or omissions of a person who renders emergency care pursuant to
subdivision (b), if that physician, person, or entity has complied
with all of the requirements of Section 1797.196 of the Health and
Safety Code that apply to that physician, person, or entity.

end delete begin delete

(f)

end delete

begin insert (e) end insert  The protections specified in this section do not apply in the
case of personal injury or wrongful death that results from the
gross negligence or willful or wanton misconduct of the person
who renders emergency care or treatment by the use of an AED.

begin delete

(g) Nothing in this section shall

end delete

begin insert (f) end insert begin insert   end insert begin insert This section does not end insert 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.

SEC. 2.  

Section 1797.196 of the Health and Safety Code is
amended to read:

1797.196.  

(a) For purposes of this section, “AED” or
“defibrillator” means an automated or automatic external
defibrillator.

(b) In order to ensure public safety, begin delete any end delete begin insert a end insert person or entity that
acquires an AED begin delete is not liable for any civil damages resulting from
any acts or omissions in the rendering of the emergency care under
subdivision (b) of Section 1714.21 of the Civil Code, if that person
or entity does all of the following: end delete begin insert shall do all of the following: end insert

(1)  begin delete Complies end delete begin insert Comply end insert with all regulations governing the
placement of an AED.

begin delete

(2) Ensures all of the following:

(A) That 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) That 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. Records of these checks shall be maintained.

(C) That 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.

(D) 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.

(E) That 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 this
section. The written plan shall include, but not be limited to,
immediate notification of 911 and trained office personnel at the
start of AED procedures.

(3) When an AED is placed in a building, building owners shall
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 also
ensure that similar information is posted next to any installed AED.

(4) When an AED is placed in a building, no less than once a
year, building owners shall notify their tenants as to the location
of AED units in the building.

end delete begin insert

(2) Notify an agent of the local EMS agency of the existence,
location, and type of AED acquired.

end insert begin insert

(3) Ensure that the AED is maintained and annually tested
according to the operation and maintenance guidelines set forth
by the manufacturer.

end insert begin delete

(5)

end delete

begin insert (c) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert When an AED is placed in a public or private K-12
school, the principal shall 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. The principal shall
also ensure that similar information is posted next to every AED.
The principal shall, at least annually, notify school employees as
to the location of all AED units on the campus. The principal shall
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 used in this begin delete paragraph, end delete begin insert subdivision, end insert “normal
operating hours” means during the hours of classroom instruction
and any school-sponsored activity occurring on school grounds.

begin delete

(c) Any person or entity that supplies

end delete begin insert

(2) This section does not prohibit a school employee or other
person from rendering aid with an AED.

end insert

begin insert (d) end insert begin insert   end insert begin insert A manufacturer or retailer supplying end insert an AED shall begin delete do all
of the following: end delete begin insert provide to the acquirer of the AED all information
governing the use, installation, operation, training, and
maintenance of the AED. end insert

begin delete

(1) Notify an agent of the local EMS agency of the existence,
location, and type of AED acquired.

end delete begin delete

(2) Provide to the acquirer of the AED all information governing
the use, installation, operation, training, and maintenance of the
AED.

end delete begin delete

(d)

end delete

begin insert (e) end insert  A violation of this begin delete provision end delete begin insert section end insert is not subject to penalties
pursuant to Section 1798.206.

begin delete

(e) The protections specified in this section do not apply in the
case of personal injury or wrongful death that results from the
gross negligence or willful or wanton misconduct of the person
who renders emergency care or treatment by the use of an AED.

end delete

(f) Nothing in this section or Section 1714.21 of the Civil Code
may be construed to require a building owner or a building manager
to acquire and have installed an AED in any building.

begin insert

(g) For purposes of this section, “local EMS agency” means
an agency established pursuant to Section 1797.200.

end insert