Amended in Senate May 19, 2015

Amended in Senate April 27, 2015

Amended in Senate April 6, 2015

Senate BillNo. 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 automated 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 wouldbegin delete 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 wouldend delete 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 tested as specified. The bill 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 CPRbegin delete trainingend deletebegin insert training, to offer a demonstration to at least one person associated with the building as to the use of an AED in an emergency,end insert and post instructions for the use of the AED. 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. 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:

P2    1

SECTION 1.  

Section 1714.21 of the Civil Code is amended
2to read:

3

1714.21.  

(a) For purposes of this section, the following
4definitions shall apply:

5(1) “AED” or “defibrillator” means an automated external
6defibrillator.

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) (1) A 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 anbegin delete AED.end deletebegin insert AED if that person or entity
P3    1has complied with subdivision (b) of Section 1797.196 of the Health
2and Safety Code.end insert

3(2) A physician and surgeon or other health care professional
4that is involved in the selection, placement, or installation of an
5AED pursuant to Section 1797.196 of the Health and Safety Code
6is not liable for civil damages resulting from acts or omissions in
7the rendering of emergency care by use of that AED.

8(e) The protections specified in this section do not apply in the
9case of personal injury or wrongful death that results from the
10gross negligence or willful or wanton misconduct of the person
11who renders emergency care or treatment by the use of an AED.

12(f) This section does not relieve a manufacturer, designer,
13developer, distributor, installer, or supplier of an AED or
14defibrillator of any liability under any applicable statute or rule of
15law.

16

SEC. 2.  

Section 1797.196 of the Health and Safety Code is
17amended to read:

18

1797.196.  

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

20(b) (1) In order to ensure public safety, a person or entity that
21acquires an AED shall do all of the following:

22(A) Comply with all regulations governing the placement of an
23AED.

24(B) Notify an agent of the local EMS agency of the existence,
25location, and type of AED acquired.

26(C) Ensure that the AED is maintained and tested according to
27the operation and maintenance guidelines set forth by the
28manufacturer.

29(D) Ensure that the AED is tested at leastbegin delete annuallyend deletebegin insert biannuallyend insert
30 and after each use.

begin insert

31(E) Ensure that a visual inspection is made of all AEDs on the
32premises at least every 90 days for potential issues related to
33operability of the device, including a blinking light or other obvious
34defect that may suggest tampering or that another problem has
35arisen with the functionality of the AED.

end insert
begin insert

36(F) Ensure that records of the maintenance and testing required
37pursuant to this paragraph are maintained.

end insert

38(2) When an AED is placed in a building, the building owner
39shall dobegin delete bothend deletebegin insert allend insert of the following:

P4    1(A) At least once a year, notify the tenants as to the location of
2the AED units and provide information to tenants about who they
3can contact if they want to voluntarily take AED or CPR training.

begin insert

4(B) At least once a year, offer a demonstration to at least one
5person associated with the building so that the person can be
6walked through how to use an AED properly in an emergency.
7The building owner may arrange for the demonstration or partner
8with a nonprofit organization to do so.

end insert
begin delete

9(B)

end delete

10begin insert(C)end insert Next to the AED, post instructions, in no less than 14-point
11type, from the manufacturer on how to use the AED.

12(3) A medical director or other physician and surgeon is not
13required to be involved in the acquisition or placement of an AED.

14(c) (1) When an AED is placed in a public or private K-12
15school, the principal shall ensure that the school administrators
16and staff annually receive a brochure, approved as to content and
17style by the American Heart Association or the American Red
18Cross, that describes the proper use of an AED. The principal shall
19also ensure that similar information is posted next to every AED.
20The principal shall, at least annually, notify school employees as
21to the location of all AED units on the campus. The principal shall
22designate the trained employees who shall be available to respond
23to an emergency that may involve the use of an AED during normal
24operating hours. As used in this subdivision, “normal operating
25hours” means during the hours of classroom instruction and any
26school-sponsored activity occurring on school grounds.

27(2) This section does not prohibit a school employee or other
28person from rendering aid with an AED.

29(d) A manufacturer or retailer supplying an AED shall provide
30to the acquirer of the AED all information governing the use,
31installation, operation, training, and maintenance of the AED.

32(e) A violation of this section is not subject to penalties pursuant
33to Section 1798.206.

34(f) Nothing in this section or Section 1714.21 of the Civil Code
35may be construed to require a building owner or a building manager
36to acquire and have installed an AED in any building.

37(g) For purposes of this section, “local EMS agency” means an
38agency established pursuant to Section 1797.200.

P5    1(h) This section does not apply to facilities licensed pursuant
2to subdivision (a), (b), (c), or (f) of Section 1250.



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