Amended in Senate April 27, 2015

Amended in Senate April 6, 2015

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 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 begin delete automatic end delete begin insert automated end insert 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 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. The bill would require a person or entity, other than a health facility as defined, 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 begin delete annually tested. end delete begin insert tested as specified. end insert The bill begin insert would require a building owner to annually notify the tenants as to the location of the AED units and provide information to tenants about who they can contact if they want to voluntarily take AED or CPR training and post instructions for the use of the AED. The bill end insert 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. 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 begin delete or automatic end delete
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) (1) 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.

(2) A physician and surgeon or other health care professional
that is involved in the selection, placement, or installation of an
AED pursuant to Section 1797.196 of the Health and Safety Code
is not liable for civil damages resulting from acts or omissions in
the rendering of emergency care by use of that AED.

(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) 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 begin delete or automatic end delete external
defibrillator.

(b) (1) In order to ensure public safety, a person or entity that
acquires an AED shall do all of the following:

(A) Comply with all regulations governing the placement of an
AED.

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

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

begin insert

(D) Ensure that the AED is tested at least annually and after
each use.

end insert begin insert

(2) When an AED is placed in a building, the building owner
shall do both of the following:

end insert begin insert

(A) At least once a year, notify the tenants as to the location of
the AED units and provide information to tenants about who they
can contact if they want to voluntarily take AED or CPR training.

end insert begin insert

(B) Next to the AED, post instructions, in no less than 14-point
type, from the manufacturer on how to use the AED.

end insert begin delete

(2)

end delete

begin insert (3) end insert  A medical director or other physician and surgeon is not
required to be involved in the acquisition or placement of an AED.

(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 subdivision, “normal operating
hours” means during the hours of classroom instruction and any
school-sponsored activity occurring on school grounds.

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

(e) A violation of this section is not subject to penalties pursuant
to Section 1798.206.

(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.

(h) This section does not apply to facilities licensed pursuant
to subdivision (a), (b), (c), or (f) of Section 1250.