BILL NUMBER: AB 1369	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Pavley
   (Coauthor:  Assembly Member Maze)
   (Coauthors:  Senators Figueroa and Romero)

                        FEBRUARY 21, 2003

   An act to add Sections 1267.85 and 1569.6 to the Health and Safety
Code, and to add Chapter 9.5 (commencing with Section 9620) to
Division 8.5 of the Welfare and Institutions Code, relating to health
facilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1369, as introduced, Pavley.  Health facilities.
   Existing law authorizes the Emergency Medical Services Authority
to establish minimum standards for the training and use of automatic
external defibrillators by individuals not otherwise licensed or
certified for the use of the device.
   Under existing law, the State Department of Health Services
licenses and regulates skilled nursing and intermediate care
facilities.
   Under existing law, the State Department of Social Services
licenses and regulates residential care facilities for the elderly.
   A violation of provisions relating to skilled nursing and
intermediate care facilities and residential care facilities for the
elderly is a crime.
   Existing law contains provisions for the establishment of various
types of programs that come within the definition of a senior center.

   This bill would, commencing January 1, 2005, require every skilled
nursing facility, intermediate care facility, and residential care
facility for the elderly, where the facility's licensed bed capacity
exceeds 60 persons, and every senior center, to purchase and train
personnel in the use of automatic external defibrillators, except
that a state-operated skilled nursing or intermediate care facility
would not be required to comply with the bill until January 1, 2008.
   Because this bill would create new crimes, it would impose new
duties upon local law enforcement agencies, thus constituting a
state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1267.85 is added to the Health and Safety Code,
to read:
   1267.85.  (a) Subject to subdivision (b), commencing January 1,
2005, every skilled nursing facility and intermediate care facility
with a licensed bed capacity that exceeds 60 persons shall purchase
and train personnel in the use of an automatic external
defibrillator.
   (b) A facility operated by the state shall not be required to
comply with this section until January 1, 2008.
  SEC. 2.  Section 1569.6 is added to the Health and Safety Code, to
read:
   1569.6.  Commencing January 1, 2005, every residential care
facility for the elderly with a licensed bed capacity that exceeds 60
persons shall purchase and train personnel in the use of an
automatic external defibrillator.
  SEC. 3.  Chapter 9.5 (commencing with Section 9620) is added to
Division 8.5 of the Welfare and Institutions Code, to read:

      CHAPTER 9.5.  USE OF DEFIBRILLATORS IN SENIOR CENTERS

   9620.  Commencing January 1, 2005, every senior center shall
purchase and train personnel in the use of an automatic external
defibrillator.
   9621.  For purposes of this chapter, "senior center" shall have
the same definition as that used in subdivision (n) of Section 9591.

  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.