SB 658, as amended, 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.begin insert The bill would provide an exemption from civil liability for a physician and surgeon or other health care professional that is involved in the selection, placement, or installation of an AED.end insert The bill would require a person or entitybegin insert, other than a health facility as defined,end insert 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.begin insert The bill would also specify that a medical director or physician and surgeon is not required to be involved in the acquisition or placement of an AED.end insert 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 1714.21 of the Civil Code is amended
2to read:
(a) For purposes of this section, the following
4definitions shall apply:
5(1) “AED” or “defibrillator” means an automated or automatic
6external defibrillator.
7(2) “CPR” means cardiopulmonary resuscitation.
8(b) Any person who, in good faith and not for compensation,
9renders emergency care or treatment by the use of an AED at the
10scene of an emergency is not liable for any civil damages resulting
11from any acts or omissions in rendering the emergency care.
12(c) A person or
entity who provides CPR and AED training to
13a person who renders emergency care pursuant to subdivision (b)
14is not liable for any civil damages resulting from any acts or
15omissions of the person rendering the emergency care.
16(d) begin insert(1)end insertbegin insert end insertA person or entity that acquires an AED for emergency
17use pursuant to this section is not liable for any civil damages
18resulting from any acts or omissions in the rendering of the
19emergency care by use of an AED.
20(2) A physician and surgeon or other health care professional
21that is involved in the selection, placement, or installation of an
22AED pursuant to Section 1797.196 of the
Health and Safety Code
23is not liable for civil damages resulting from acts or omissions in
24the rendering of emergency care by use of that AED.
25(e) The protections specified in this section do not apply in the
26case of personal injury or wrongful death that results from the
27gross negligence or willful or wanton misconduct of the person
28who renders emergency care or treatment by the use of an AED.
P3 1(f) This section does not relieve a manufacturer, designer,
2developer, distributor, installer, or supplier of an AED or
3defibrillator of any liability under any applicable statute or rule of
4law.
Section 1797.196 of the Health and Safety Code is
6amended to read:
(a) For purposes of this section, “AED” or
8“defibrillator” means an automated or automatic external
9defibrillator.
10(b) begin insert(1)end insertbegin insert end insertIn order to ensure public safety, a person or entity that
11acquires an AED
shall do all of the following:
15 12(1)
end delete
13begin insert(A)end insert Comply with all regulations governing the placement of an
14AED.
P4 18 15(2)
end delete
16begin insert(B)end insert Notify an agent of the local EMS agency of the existence,
17location, and type of AED acquired.
20 18(3)
end delete
19begin insert(C)end insert Ensure that the AED is maintained and annually tested
20according to the operation and maintenance guidelines set forth
21by the manufacturer.
22(2) A medical director or other physician and surgeon is not
23required to be involved in the acquisition or placement of an AED.
24(c) (1) When an AED is placed in a public or private K-12
25school, the principal shall ensure that the school administrators
26and staff annually receive a brochure, approved as to content and
27style by the American Heart Association or the American Red
28Cross, that
describes the proper use of an AED. The principal shall
29also ensure that similar information is posted next to every AED.
30The principal shall, at least annually, notify school employees as
31to the location of all AED units on the campus. The principal shall
32designate the trained employees who shall be available to respond
33to an emergency that may involve the use of an AED during normal
34operating hours. As used in this subdivision, “normal operating
35hours” means during the hours of classroom instruction and any
36school-sponsored activity occurring on school grounds.
37(2) This section does not prohibit a school employee or other
38person from rendering aid with an AED.
P4 1(d) A manufacturer or retailer supplying an AED shall
provide
2to the acquirer of the AED all information governing the use,
3installation, operation, training, and maintenance of the AED.
4(e) A violation of this section is not subject to penalties pursuant
5to Section 1798.206.
6(f) Nothing in this section or Section 1714.21 of the Civil Code
7may be construed to require a building owner or a building manager
8to acquire and have installed an AED in any building.
9(g) For purposes of this section, “local EMS agency” means an
10agency established pursuant to Section 1797.200.
11(h) This section does not apply to facilities licensed pursuant
12to
subdivision (a), (b), (c), or (f) of Section 1250.
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