BILL NUMBER: AB 1369	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2003

INTRODUCED BY   Assembly Member Pavley
   (Coauthor:  Assembly  Member Maze)   Members
Calderon, Hancock, Koretz, Maze, Mullin, and Vargas) 
   (Coauthors:  Senators Figueroa  and Romero)  
, Machado, Romero, and Soto) 

                        FEBRUARY 21, 2003

   An act to add  Sections 1267.85 and   Section
 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.
  Code, relating to health facilities. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1369, as amended, 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  a  new  crimes
  crime  , 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 1.   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  as defined in Section 1569.2  with
a licensed bed capacity that exceeds 60 persons shall purchase and
train personnel in the use of an automatic external defibrillator
 pursuant to Section 1797.190 and subdivisions (a) to (e),
inclusive, and (g) of Section 1797.196  .  
  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.   
  SEC. 2.   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.