BILL NUMBER: SB 658 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 27, 2015
PASSED THE ASSEMBLY AUGUST 20, 2015
AMENDED IN ASSEMBLY JUNE 15, 2015
AMENDED IN SENATE MAY 19, 2015
AMENDED IN SENATE APRIL 27, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Hill
(Principal coauthor: Assembly Member Gordon)
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, 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. Under existing
law, those specified conditions also require, when an AED is placed
in a public or private K-12 school, the school principal to, among
other things, 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, to ensure that similar information is
posted next to every AED, and to designate the trained employees who
are available to respond to an emergency that may involve the use of
an AED during normal operating hours.
This 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, 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.
This bill would revise the public or private K-12 school
provisions described above by instead requiring, when an AED is
placed in a public or private K-12 school, the school principal to
ensure that the school administrators and staff annually receive
information that describes sudden cardiac arrest, the school's
emergency response plan, and the proper use of an AED, by instead
requiring the school principal to ensure that instructions, in no
less than 14-point type, on how to use the AED are posted next to
every AED, and by deleting the requirement that the school principal
designate the trained employees who are available to respond to an
emergency that may involve the use of an AED during normal operating
hours.
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 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 biannually and after
each use.
(E) Ensure that an 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 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.
(C) Next to the AED, post instructions, in no less than 14-point
type, 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 information that describes sudden cardiac arrest,
the school's emergency response plan, and the proper use of an AED.
The principal shall also ensure that instructions, in no less than
14-point type, on how to use the AED are 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.
(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.