BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    SB 658    
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          |AUTHOR:        |Hill                                           |
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          |VERSION:       |April 6, 2015                                  |
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          |HEARING DATE:  |April 8, 2015  |               |               |
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          |CONSULTANT:    |Vince Marchand                                 |
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           SUBJECT  :  Automated external defibrillators

           SUMMARY  :  Repeals various requirements relating to persons or entities  
          who acquire automated external defibrillators (AEDs), including  
          requirements that employees complete training and that the AEDs  
          be checked every 30 days, and makes the civil liability immunity  
          in existing law for persons or entities who acquire an AED no  
          longer conditional upon meeting specified requirements.
          
          Existing law:
          1.Provides, in the Civil Code, immunity from civil liability for  
            the acts or omissions of 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.

          2.Provides, in the Civil Code, immunity from civil liability for  
            any acts or omissions in the rendering of emergency care by  
            the use of an AED for a person or entity that acquires an AED  
            for emergency use, if that person or entity has complied with  
            certain specified requirements in the Health and Safety Code.

          3.Provides, in the Civil Code, immunity from civil liability for  
            a physician who is involved with the placement of an AED, and  
            any person or entity responsible for the site where an AED is  
            located, if that physician, person or entity has complied with  
            all of the requirements in specified provisions of the Health  
            and Safety Code that apply to that physician, person or  
            entity.

          4.Provides, in the Health and Safety Code, immunity from civil  
            liability for a person or entity that acquires an AED for any  
            acts or omissions in the rendering of emergency care if that  
            person or entity meets various requirements, including: 







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             a.   Ensures that the AED is checked for readiness after each  
               use and at least once every 30 days;

             b.   Ensures that any person who renders emergency care or  
               treatment by using an AED activates the emergency medical  
               services system as soon as possible and reports the use to  
               the licensed physician and to the local EMS agency;

             c.   Ensures that for every AED unit acquired up to five  
               units, no less than one employee per AED unit, and one  
               employee for every additional five units, complete a  
               training course in cardiopulmonary resuscitation (CPR) and  
               AED use, as specified.

             d.   Ensure that tenants in a building where an AED is placed  
               receive a brochure describing the proper use of an AED and  
               are notified once a year of the location of AEDs.

          5.Permits the Emergency Medical Services Authority (EMSA) to  
            establish minimum standards for the training and use of AEDs.
          
          This bill:
          1.Repeals the requirement, in the Civil Code, that a person or  
            entity who acquires an AED for emergency use must comply with  
            certain specified requirements in order to have immunity from  
            civil liability resulting from the use of the AED, thereby  
            making this civil liability protection unconditional.

          2.Recasts a provision of law in the Civil Code that provides  
            immunity from civil liability to a physician who is involved  
            with the placement of an AED, and any person or entity  
            responsible for the site where an AED is located, if that  
            physician, person, or entity has met certain specified  
            requirements, by narrowing the immunity to only physicians or  
            other healthcare professionals and by deleting the requirement  
            that conditions this immunity on meeting certain requirements,  
            thereby making this civil liability protection unconditional.

          3.Repeals a provision in the Health and Safety Code that  
            provides immunity from civil liability to a person or entity  
            who acquires an AED if that person or entity meets certain  
            requirements, and instead revises this provision to require  
            persons or entities who acquire an AED to meet a reduced set  
            of requirements (the reductions are described in 4) which no  
            longer would have any effect on civil liability immunity.








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          4.Repeals, or in some cases revises, certain requirements for  
            persons or entities that acquire AEDs, as follows:

             a.   Repeals the requirement that for every AED unit acquired  
               up to five units, no less than one employee per AED unit,  
               and one employee for every additional five units, complete  
               a training course in CPR and AED use that complies with  
               regulations adopted by EMSA. 

             b.   Repeals a requirement that acquirers of AED units have  
               trained employees who should be available to respond to an  
               emergency that may involve the use of an AED unit during  
               normal operating hours.

             c.   Repeals the requirement that there be a written plan  
               that describes the procedures to be followed in the event  
               of an emergency that may involve the use of an AED, and  
               that this plan include immediate notification of 911 and  
               trained office personnel at the start of AED procedures.

             d.   Repeals the requirement that the AED be checked for  
               readiness after each use and at least once every 30 days if  
               the AED has not been used in the preceding 30 days, and  
               that records of these checks be maintained;

             e.   Repeals the requirement that the person or entity who  
               acquired an AED ensure that any person who renders  
               emergency care or treatment on a person in cardiac arrest  
               by using an AED activate the emergency medical services  
               system as soon as possible, and reports any use of the AED  
               to the licensed physician and to the local EMS agency. 

             f.   Repeals the requirement that building owners where an  
               AED is placed ensure that tenants annually receive a  
               brochure, approved by the American Heart Association or  
               American Red Cross, which describes the proper use of an  
               AED, that similar information is posted next to any  
               installed AED, and that tenants are notified of the  
               location of AED units at least once a year.

             g.   Revises the requirement that an agent of the local EMS  
               agency be notified of the existence, location and type of  
               AED acquired by requiring this notification to be done by  
               the person or entity who acquired the AED, rather than the  








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               existing law requirement that this notification be done by  
               the person or entity that supplied the AED.

             h.   Only requires the AED to be maintained and annually  
               tested according to the operation and maintenance  
               guidelines set forth by the manufacturer, and repeals the  
               additional requirements that the maintenance and testing  
               also comply with guidelines set forth by the American Heart  
               Association, the American Red Cross, and according to any  
               applicable rules and regulations set forth by the  
               governmental authority under the federal Food and Drug  
               Administration and any other applicable state and federal  
               authority.

          5.Specifies that a medical director or other physician is not  
            required to be involved in the acquisition or placement of an  
            AED.

          6.Specifies that the requirements relating to persons or  
            entities acquiring AEDs do not apply to licensed hospitals or  
            skilled nursing facilities.

          7.Specifies that a provision of existing law that governs the  
            placement of AEDs in public or private K-12 schools, which  
            includes a requirement that the principle designate trained  
            employees who are to be available to respond to an emergency  
            involving the use of an AED, does not prohibit a school  
            employee or other person from rendering aid with an AED.

           FISCAL  
          EFFECT  :  This bill is keyed non-fiscal.

           COMMENTS  :
          1.Author's statement.  According to the author, this bill  
            increases the likelihood that AEDs will be installed in  
            buildings throughout the state by reducing outdated  
            requirements imposed on building owners who voluntarily  
            install AEDs.  Sudden cardiac arrest kills nearly 1,000 people  
            per day in the US and ends the lives of 350,000 people  
            annually. It can happen to anyone, anytime, anywhere and at  
            any age. The single most effective intervention during sudden  
            cardiac arrest is the use of an AED which can safely restore  
            the heart's normal rhythm. A study by Johns Hopkins University  
            found that Good Samaritan access to AEDs doubles survival from  
            sudden heart attack.  Researchers found - in real-life,  








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            emergency situations - that use of AEDs by random bystanders  
            more than doubled survival rates among victims felled by a  
            sudden heart stoppage due to a heart attack or errant heart  
            rhythm.

          2.Background.  According to the American Heart Association  
            (AHA), an AED is a lightweight, portable device that delivers  
            an electric shock through the chest to the heart. The shock  
            can stop an irregular rhythm and allow a normal rhythm to  
            resume in a heart in sudden cardiac arrest. Sudden cardiac  
            arrest is an abrupt loss of heart function. If it is not  
            treated within minutes, it quickly leads to death. The AED has  
            a built-in computer which assesses the patient's heart rhythm,  
            determines whether the person is in cardiac arrest, and  
            signals whether to administer the shock. Audible cues guide  
            the user through the process. 

            According to the AHA, each year in the U.S., there are  
            approximately 359,400 Emergency Medical Services  
            (EMS)-assessed cardiac arrests outside of a hospital setting  
            and on average, less than 10 percent of victims survive. Early  
            defibrillation, along with CPR, is the only way to restore the  
            victim's heart rhythm to normal in a lot of cases of cardiac  
            arrest. For every minute that passes without CPR and  
            defibrillation, however, the chances of survival decrease by 7  
            to 10 percent. The 2013 Update of AHA's Heart Disease and  
            Stroke Statistics shows that 23 percent of out-of-hospital  
            cardiac arrests are "shockable" arrhythmias, or those that  
            respond to a shock from an AED, making AEDs in public places  
            highly valuable. Yet, AHA states there are not enough AEDs and  
            persons trained in using them and performing CPR to provide  
            this life-saving treatment, resulting in lost opportunities to  
            save more lives. Communities with comprehensive AED programs  
            that include CPR and AED training for rescuers have achieved  
            survival rates of nearly 40 percent for cardiac arrest  
            victims. AHA states on its website that it supports placing  
            AEDs in targeted public areas such as sports arenas, gate  
            communities, office complexes, doctor's offices, shopping  
            malls, etc. When AEDs are placed in the community or a  
            business or facility, AHA strongly encourages that they be  
            part of a defibrillation program which includes notification  
            to the local EMS office when an AED is acquired, that a  
            licensed physician or medical authority provides medical  
            oversight to ensure quality control, and that persons  
            responsible for using the AED are trained in CPR and how to  








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            use an AED.

          3.EMSA regulations. In 1990, EMSA adopted a package of  
            regulations entitled "Lay Rescuer Automated External  
            Defibrillator Regulations." These regulations predate the  
            civil immunity provisions that this bill revises, which were  
            first enacted in 1999. Much of the regulations were  
            incorporated into the later-enacted Health and Safety Code  
            requirements that are being repealed or revised by this bill,  
            including the employee training requirements and the  
            requirement that the AED be checked every 30 days. However,  
            these regulations also include a requirement that any agency,  
            business, organization or individual who purchases an AED for  
            use in a medical emergency (an AED Service Provider) must have  
            a physician medical director who is required to be involved in  
            developing an internal emergency response plan and who is  
            responsible for ensuring compliance with training,  
            notification and maintenance requirements. This bill includes  
            a provision that specifies that a medical director or other  
            physician is not required to be involved in the acquisition or  
            placement of an AED.

          4.CDC report on public access defibrillation. The Centers for  
            Disease Control and Prevention (CDC) published an article in  
            2010 that reviewed state laws on public access defibrillation  
            (PAD) policies, and the extent to which 13 PAD program  
            elements, based on AHA recommendations, were mandated in each  
            state.  These 13 elements range from targeted AED site  
            placement, CPR and AED training of anticipated rescuers,  
            maintenance and testing, coordination with emergency medical  
            services and oversight by medical professionals, and liability  
            protection. The article concluded that PAD programs in many  
            states are at risk of failure because critical elements such  
            as maintenance, medical oversight, EMS notification, and  
            continuous quality improvement are not required. The article  
            recommended that policy makers consider strengthening PAD  
            policies by enacting laws that require strategic placement of  
            AEDs in high-risk locations or mandatory PAD registries that  
            are coordinated with local EMS and dispatch centers.  
            California was identified as one of the states with the  
            highest rate of adoption of the 13 PAD elements, although no  
            state had mandated all 13 elements. The article stated that  
            because it only analyzed the extent to which states had  
            enacted specific PAD elements, it was unable to associate  
            cardiac arrest survival rates with the strength of a state  








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            policy, and stated that further research is needed to identify  
            the most effective PAD policies for increasing AED use by lay  
            persons and improving survival rates.
          
          5.Reliability of AEDs. In January of this year, the U.S. Food  
            and Drug Administration (FDA) announced that it was going to  
            strengthen its review of AEDs by requiring AED manufacturers  
            to submit premarket approval applications, which undergo a  
            more rigorous review that was required to market these devices  
            in the past.  According to the FDA, there has been a history  
            of malfunction issues. From January 2005 through September of  
            2014, the FDA received approximately 72,000 medical device  
            reports associated with the failure of these devices, and that  
            since 2005, manufacturers have conducted 111 recalls,  
            affecting more than two million AEDs. The FDA stated that it  
            did not intend to enforce the premarket approval requirement  
            until August 3, 2016, as long as manufacturers notify the FDA  
            of their intent to file a premarket approval application by  
            May 4, 2015.

          This bill, among other provisions, repeals a requirement that  
            AEDs be checked for readiness at least once every 30 days,  
            instead only requiring the AEDs to be maintained and annually  
            tested according to the operation and maintenance guidelines  
            set forth by the manufacturer.

          6.Double referral. This bill is double referred.  Should it pass  
            out of this committee, it will be referred to the Senate  
            Judiciary Committee.
          
          7.Related legislation. SB 287 (Hueso), would require certain  
            specified buildings with occupancies of 200 or more  
            constructed on or after January 1, 2016, excluding structures  
            owned or operated by the state or any local government  
            building, to have an AED on the premises, and provides for  
            civil immunity to the person or entity that supplies the AED,  
            conditional upon meeting the requirements in existing law  
            relating to the acquisition of an AED. This bill is scheduled  
            to be heard in this committee on April 15th.

          8.Prior legislation. AB 939 (Melendez) of 2013 proposed to  
            provide qualified immunity for a school district and its  
            employees who use, attempt to use, or do not use an AED to  
            render emergency care, and stated the intent of the  
            Legislature to encourage all public schools to acquire an AED,  








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            and permitted schools to solicit and receive nonstate funds  
            for that purpose. AB 939 was held on the Senate Appropriations  
            Committee suspense file.

            SB 1436 (Lowenthal), Chapter 71, Statutes of 2012, removed the  
            sunset date, thereby making permanent, the existing  
            protections that provide immunity from civil damages in  
            connection with the use of AEDs.
          
            SB 63 (Price) of 2011 would have stated the intent of the  
            Legislature that all public high schools acquire and maintain  
            at least one AED and would require schools that decide to  
            acquire and maintain an AED, or to continue to use and  
            maintain an existing AED, to comply with  specified  
            requirements.  SB 63 was held in the Senate Appropriations  
            Committee.

            SB 1281 (Padilla) of 2010 was similar to this bill in making  
            the civil immunity protection unconditional, but it went  
            farther in eliminating all requirements relating to the  
            acquisition of AEDs. SB 1281 failed passaged in Senate  
            Judiciary Committee.

            SB 127 (Calderon), Chapter 500, Statutes of 2010, removed the  
            July 1, 2012 sunset date for existing requirements that every  
            health studio acquires and maintains an AED and trains  
            personnel in its use thereby extending these requirements  
            indefinitely.

            AB 1312 (Swanson) of 2009 would have made the current  
            requirements for health studios to purchase, maintain, and  
            train staff in the use of AEDs applicable to amusement parks  
            and golf courses.  This bill also proposed to extend the  
            sunset date on this requirement from July 1, 2012 to July 1,  
            2014.  AB 1312 was vetoed by the Governor.

            AB 2083 (Vargas), Chapter 85, Statutes of 2006, extended the  
            sunset date from 2008 to 2013 on the operative provisions of  
            existing law which provide immunity from civil damages for  
            persons or entities that acquire AEDs and comply with  
            maintenance, testing, and training requirements.

            AB 1507 (Pavley), Chapter 431, Statutes of 2005, required all  
            health studios in the state to have automatic external  
            defibrillators (AEDs) available with properly trained  








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            personnel until July 1, 2012.

            AB 254 (Nakanishi), Chapter 111, Statutes of 2005, required  
            the principal of a public or private K-12 school to meet  
            certain requirements in order to be exempt from liability for  
            civil damages associated with the use of an AED.

            AB 2041 (Vargas), Chapter 718, Statutes of 2002, expanded the  
            immunity protections for the use or purchase of an AED, and  
            included a sunset date of 2008.

            SB 911 (Figueroa), Chapter 163, Statutes of 1999, created  
            qualified immunity from civil liability for trained persons  
            who use in good faith and without compensation an AED in  
            rendering emergency care or treatment at the scene of an  
            emergency.

          9.Support.  Philips, a maker of AEDs, states in support that  
            California's current AED liability requirements are onerous,  
            outdated, and do not reflect the current capabilities of AEDs  
            in the marketplace. Building owners and those responsible for  
            sites where AEDs are located are therefore dissuaded from  
            purchasing and placed AEDs, out of fear they will not be  
            granted immunity from civil liability. The California State  
            Sheriffs' Association states in support that by eliminating  
            outdated and burdensome requirements that must be met to  
            confer protection from liability, the Legislature could  
            encourage wider access to AEDs and increase their life-saving  
            capacity. The California Business Properties Association, the  
            Building Owners and Managers Association of California, the  
            Commercial Real Estate Development Association, and the  
            International Council of Shopping Centers jointly write in  
            support that existing law may have made sense over a decade  
            ago, but due to evolving technology and ease of AED use, have  
            since become an anachronism and are an impediment to  
            installation. The California Chamber of Commerce notes in  
            support that this bill still holds a manufacturer, developer,  
            installer, or distributor liable for potential product defects  
            or performance, and that this bill continues to mandate that  
            any person or entity that acquires an AED notify the local EMS  
            agency of its placement as well as ensure that the AED is  
            regularly maintained and tested. The American Heart  
            Association states in support that while it believes that  
            requirements in current law are important, it knows that  
            sudden cardiac arrest is 100 percent fatal if not treated  








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            quickly.

          10.Opposition. This bill is also opposed by the Rescue Training  
            Institute, which states that it is not a good approach to  
            providing CPR and AED in the community by expecting a  
            non-trained employee or bystander to retrieve, deploy, apply  
            and utilize the AED to safely defibrillate a patient in sudden  
            cardiac arrest. Only through approved national training  
            programs can one learn how to confidently and competently  
            perform CPR and utilize an AED. The Rescue Training Institute  
                                                                   also opposes the repeal of the monthly inspection requirement  
            and the requirement that the AED be checked after each use.
          
          11.Oppose unless amended. Consumer Attorneys of California (CAC)  
            opposes this bill unless it is amended to keep important  
            training and maintenance protections. According to CAC,  
            current law provides an AED acquirer with qualified immunity  
            if specific requirements are complied with, which include  
            proper maintenance and testing of the AED and assurance that  
            trained employees are available to respond to an emergency.  
            CAC asserts that keeping these safeguards intact is necessary  
            to ensure that AEDs can be as effective as possible in the  
            event of sudden cardiac arrest. CAC cites a CDC report, which  
            states that public access defibrillation programs in many  
            states "are at risk of failure because critical elements such  
            as maintenance, medical oversight, emergency medical service  
            notification, and continuous quality improvement are not  
            required." CAC also states that this bill deletes requirements  
            that the AED be checked at least once every 30 days, and would  
            instead only require a check every year. According to CAC, the  
            most common cause for an AED malfunctioning is a dead battery,  
            and that the existing requirement to check an AED monthly  
            ensures that a faulty battery can be caught early and  
            remedied.
          
           SUPPORT AND OPPOSITION  :
          Support:  American Heart Association
                    Building Owners and Managers Association of California
                    California Ambulance Association
                    California Apartment Association
                    California Business Properties Association
                    California Chamber of Commerce
                    California Hospital Association
                    California Retailers Association
                    California State Sheriffs' Association








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                    Civil Justice Association of California
                    Commercial Real Estate Development Association
                    El Camino Hospital
                    International Council of Shopping Centers
                    Philips
          
          Oppose:   Consumer Attorneys of California (unless amended)
                    Rescue Training Institute
          
                                      -- END --