BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 658|
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                                   THIRD READING 


          Bill No:  SB 658
          Author:   Hill (D)
          Amended:  5/19/15  
          Vote:     21  

           SENATE HEALTH COMMITTEE:  9-0, 4/8/15
           AYES:  Hernandez, Nguyen, Hall, Mitchell, Monning, Nielsen,  
            Pan, Roth, Wolk

           SENATE JUDICIARY COMMITTEE:  7-0, 5/12/15
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           SUBJECT:   Automated external defibrillators


          SOURCE:    Author


          DIGEST:  This bill repeals or reduces various requirements  
          relating to persons or entities who acquire automated external  
          defibrillators (AEDs), including repealing requirements that  
          employees complete training, and reducing the inspection  
          requirements from once every 30 days to once every 90 days.


          ANALYSIS:   


          Existing law:


          1)Provides, in the Civil Code, immunity from civil liability for  








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            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:


               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  
                 Emergency Medical Services (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.







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               e)     Permits the Emergency Medical Services Authority  
                 (EMSA) to establish minimum standards for the training  
                 and use of AEDs.

          This bill:

          1)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.

          2)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 #3 below).

          3)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, and instead requires the  
                 building owner to offer a demonstration once a year to at  
                 least one person associated with the building.

               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  







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                 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 instead requires a visual inspection at least every  
                 90 days for potential issues such as a blinking light or  
                 other obvious defects.

               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 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 (FDA) and any other applicable state and  
                 federal authority.

          4)Specifies that a medical director or other physician is not  







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            required to be involved in the acquisition or placement of an  
            AED.

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

          6)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.

          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,  
            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)American Heart Association.  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.







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            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  
            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  







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            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  
            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 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  







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            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.

          Related Legislation:
          
          SB 287 (Hueso, 2015) requires 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. 

          Prior Legislation:
          
          AB 939 (Melendez, 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, 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, 2011) would have stated the intent of the  
          Legislature that all public high schools acquire and maintain at  
          least one AED and would have required 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, 2010) was similar to this bill in making the  







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          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, 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 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.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No








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          SUPPORT:   (Verified5/18/15)

          American Heart Association
          American Red Cross
          Association of California Healthcare Districts 
          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 Firefighters' Association
          California State Sheriffs' Association 
          Civil Justice Association of California 
          Commercial Real Estate Development Association, NAIOP of  
          California
          El Camino Hospital 
          International Council of Shopping Centers
          Lucile Packard Children's Hospital
          Philips
          Pulse Point Foundation
          Santa Clara County Board of Supervisors
          Santa Clara County Fire Chiefs' Association
          Silicon Valley Leadership Group
          Stanford Health Care


          OPPOSITION:   (Verified5/18/15)


          Rescue Training Institute


          ARGUMENTS IN 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  







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          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 quickly.


          ARGUMENTS IN OPPOSITION:     This bill is 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.



          Prepared by:Vince Marchand / HEALTH / 
          5/21/15 12:07:27


                                   ****  END  ****


          









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