BILL NUMBER: SB 658 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 19, 2015
AMENDED IN SENATE APRIL 27, 2015
AMENDED IN SENATE APRIL 6, 2015
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 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
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 CPR training
training, to offer a demonstration to at least one person associated
with the building as to the use of an AED in an emergency, 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:
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 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. AED if that
person or entity has complied with subdivision (b) of Section
1797.196 of the Health and Safety Code.
(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 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 tested according to the
operation and maintenance guidelines set forth by the manufacturer.
(D) Ensure that the AED is tested at least annually
biannually and after each use.
(E) Ensure that a visual inspection is made of all AEDs on the
premises at least every 90 days for potential issues related to
operability of the device, including a blinking light or other
obvious defect that may suggest tampering or that another problem has
arisen with the functionality of the AED.
(F) Ensure that records of the maintenance and testing required
pursuant to this paragraph are maintained.
(2) When an AED is placed in a building, the building owner shall
do both all of the following:
(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.
(B) At least once a year, offer a demonstration to at least one
person associated with the building so that the person can be walked
through how to use an AED properly in an emergency. The building
owner may arrange for the demonstration or partner with a nonprofit
organization to do so.
(B)
(C) Next to the AED, post instructions, in no less than
14-point type, from the manufacturer on how to use the AED.
(3) 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.