SB 658 Senate Bill - INTRODUCED

BILL NUMBER: SB 658	INTRODUCED
	BILL TEXT


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  AED, if that person or entity
has complied with subdivision (b) of Section 1797.196 of the Health
and Safety Code.   AED.  
   (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.
 
   (f) 
    (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.

   (g) Nothing in this section shall 
    (f)     This section does not  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,  any  
a  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 under subdivision (b) of Section
1714.21 of the Civil Code, if that person or entity does all of the
following:   shall do all of the following: 
   (1)  Complies   Comply  with all
regulations governing the placement of an AED. 
   (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.  
   (2) Notify an agent of the local EMS agency of the existence,
location, and type of AED acquired.  
   (3) Ensure that the AED is maintained and annually tested
according to the operation and maintenance guidelines set forth by
the manufacturer.  
   (5) 
    (c)     (1)    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 
paragraph,   subdivision,  "normal operating hours"
means during the hours of classroom instruction and any
school-sponsored activity occurring on school grounds. 
   (c) Any person or entity that supplies  
   (2) This section does not prohibit a school employee or other
person from rendering aid with an AED. 
    (d)     A manufacturer or retailer
supplying  an AED shall  do all of the following:
  provide to the acquirer of the AED all information
governing the use, installation, operation, training, and maintenance
of the AED.  
   (1) Notify an agent of the local EMS agency of the existence,
location, and type of AED acquired.  
   (2) Provide to the acquirer of the AED all information governing
the use, installation, operation, training, and maintenance of the
AED.  
   (d) 
    (e)  A violation of this  provision 
 section  is not subject to penalties pursuant to Section
1798.206. 
   (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. 
   (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. 
   (g) For purposes of this section, "local EMS agency" means an
agency established pursuant to Section 1797.200.