BILL NUMBER: AB 1369	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 12, 2003
	AMENDED IN ASSEMBLY  MAY 7, 2003
	AMENDED IN ASSEMBLY  APRIL 21, 2003

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

                        FEBRUARY 21, 2003

   An act to add Section 1569.6 to the Health and Safety Code,
relating to  health facilities   residential
care facilities for the elderly  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1369, as amended, Pavley.   Health facilities 
 Residential care facilities for the elderly:  automatic
external defibrillators  .
   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 residential care facilities
for the elderly is a crime.
   This bill would, commencing January 1, 2005, require every
residential care facility for the elderly, where the facility's
licensed bed capacity exceeds 60 persons to purchase, and train
personnel in the use of, automatic external defibrillators.  This
bill would also provide that,  under specified conditions,
  except as prescribed, when  an employee of a
residential care facility for the elderly  who  uses
an automatic external defibrillator to render emergency care or
treatment  in a manner consistent with the bill, neither the
employee nor the board of directors of that facility  is
 not  liable for civil damages resulting from any
acts or omissions in rendering the emergency care or treatment.  

   This bill would provide that, if a residential care facility for
the elderly resident executes a request to forego resuscitative
measures, an advanced directive, or a do-not-resuscitate order, the
resident shall indicate separately, in writing, if he or she does not
want facility employees to use an automatic external defibrillator
if he or she needs emergency care or treatment. 
   Because this bill would create a new 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 1569.6 is added to the Health and Safety Code,
to read:
   1569.6.  (a) 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 paragraphs (1) and (2) of subdivision (b) of
Section 1797.196.
   (b) An employee of a residential care facility for the elderly who
uses an automatic external defibrillator consistent with the terms
of this section to render emergency care or treatment is not liable
for civil damages resulting from any acts or omissions in rendering
the emergency care or treatment, except as provided in subdivision
 (c).   (d). 
   (c)  When an employee uses an automatic external defibrillator
consistent with the requirements of this section to render emergency
medical care or treatment, the members of the board of directors of
the facility shall not be liable for civil damages resulting from any
act or omission in rendering the emergency care or treatment, except
as provided in subdivision (d)  .
   (d) Subdivision (b) does not apply in the case of personal injury
or wrongful death that results from gross negligence or willful or
wanton misconduct on the part of the person who uses an automatic
external defibrillator to render emergency care or treatment.

   (d)  
   (e) (1)  This section may not be construed to permit the use
of an automatic external defibrillator contrary to a request to
forego resuscitative measures, advance directives, or
do-not-resuscitate orders.  
   (2) If a resident executes a request to forego resuscitative
measures, an advance directive, or a do-not-resuscitate order, the
resident shall indicate separately, in writing, if he or she does not
want facility employees to use an automatic external defibrillator
if he or she needs emergency care or treatment. 
  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.