BILL NUMBER: AB 1369 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 2003
AMENDED IN SENATE JULY 22, 2003
AMENDED IN SENATE JULY 1, 2003
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 Machado, Romero, and Soto)
FEBRUARY 21, 2003
An act to add Section 1569.7 to the Health and Safety Code,
relating to residential care facilities for the elderly.
LEGISLATIVE COUNSEL'S DIGEST
AB 1369, as amended, Pavley. 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 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 July 1, 2005, require every
residential care facility for the elderly, where the facility's
licensed bed capacity exceeds 60 persons, to use
acquire, maintain, and train personnel in the use of
automatic external defibrillators, in accordance with
as provided in the bill and specified existing
law. This bill would also provide that, except as prescribed, when
an employee of a residential care facility for the elderly uses or
attempts to use an automatic external defibrillator to render
emergency care or treatment in a manner consistent with the bill,
neither the employee , the facility, nor the board of
directors of that facility is liable for civil damages resulting from
any acts or omissions in rendering the emergency care or treatment.
This bill would provide that each resident, whether or not he or
she executes an advance health care directive, including, but not
limited to, a request to forego resuscitative measures or a
do-not-resuscitate order, 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. The bill would also establish procedures to be used by
residential care facilities for the elderly with respect to the
presentation and maintenance of these written statements, and would
require facilities to provide residents with additional specified
information.
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.
This bill would require the Emergency Medical Services Authority
to notify local EMS agencies of the provision of the bill, and to
encourage the local agencies to track the use of automatic external
defibrillators in residential care facilities for the elderly.
This bill would provide that, notwithstanding a specified
provision of existing law, violation of the bill shall not constitute
a misdemeanor.
This bill would also apply its provisions relating to liability to
a residential care facility for the elderly with a licensed capacity
of 60 or fewer beds that elects to acquire, maintain, and train
personnel in the use of an automatic external defibrillator at the
facility.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1569.7 is added to the Health and Safety Code,
to read:
1569.7. (a) Commencing July 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 use
acquire, maintain, and train personnel in the use of an
automatic external defibrillator, in accordance with law,
pursuant to Section 1797.190 and paragraphs (1) and (2) of
subdivision (b) of Section 1797.196. pursuant to
Section 1797.190, subdivision (e), and any relevant regulations.
(b) An employee of a residential care facility for the elderly who
uses, or attempts to use, 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 (d) (f) .
(c) When an employee uses, or attempts to use, an automatic
external defibrillator consistent with the requirements of this
section to render emergency 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)
(f) .
(d) Subdivision (b) does Except as
provided in subdivision (f), when an employee uses, or attempts to
use an automatic external defibrillator in accordance with this
section to render emergency care or treatment, the facility shall not
be liable for civil damages resulting from any act or omission in
the course of rendering that emergency care or treatment, provided
that the facility fully complies with subdivision (e).
(e) In order to ensure public safety, a residential care facility
for the elderly shall do all of the following:
(1) Comply with all regulations governing the placement of an
automatic external defibrillator.
(2) Ensure all of the following:
(A) The automatic external defibrillator is maintained and
regularly tested according to the operation and maintenance
guidelines set forth by the manufacturer, the American Heart
Association, and 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.
(B) The automatic external defibrillator is checked for readiness
after each use and at least once every 30 days if the automatic
external defibrillator has not been used in the preceding 30 days.
Records of these checks shall be maintained.
(C) Any person who renders emergency care or treatment on a person
in cardiac arrest by using an automatic external defibrillator
activates the emergency medical services system as soon as possible,
and reports any use of the automatic external defibrillator to the
licensed physician and to the local EMS agency.
(D) For every automatic external defibrillator unit acquired, up
to five units, no less than one employee per automatic external
defibrillator unit shall complete a training course in
cardiopulmonary resuscitation and automatic external defibrillator
use that complies with the regulations adopted by the Emergency
Medical Service Authority and the standards of the American Heart
Association or the American Red Cross. After the first five
automatic external defibrillator units are acquired, for each
additional five automatic external defibrillator units acquired, one
employee shall be trained beginning with the first automatic external
defibrillator unit acquired. Acquirers of automatic external
defibrillator units shall have trained employees available to respond
to an emergency that may involve the use of an automatic external
defibrillator unit during normal operating hours.
(E) There is a written plan that exists that describes the
procedures to be followed in the event of an emergency that may
involve the use of an automatic external defibrillator, to ensure
compliance with the requirements of this section. The written plan
shall include, but not be limited to, immediate notification of 911
and trained office personnel at the start of automatic external
defibrillator procedures.
(f) Subdivisions (b), (c), and (d) do 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.
(e)
(g) Each resident, whether or not he or she has executed an
advance health care directive, including, but not limited to, a
request to forego resuscitative measures or a do-not-resuscitate
order, shall indicate separately, in writing, if he or she does not
want facility employees to use an automatic external defibrillator.
If a resident has indicated in writing that he or she does not want
facility employees to use an automatic external defibrillator if he
or she needs emergency care or treatment, facility employees shall
withhold the use of an automatic external defibrillator.
(f)
(h) (1) In order to implement this section, residential care
facilities for the elderly shall establish policies or procedures,
or appropriately amend their current policies and procedures, to
address the presentation, processing, maintenance, revision, and
information-dissemination of statements indicating that a resident
does not want facility employees to use an automatic external
defibrillator if the resident needs emergency care or treatment, and
to the extent possible, make these processes consistent with current
systems for advance health care directives pursuant to Section
1569.156.
(2) Lists of those residents who have indicated in writing that
they do not want facility employees to use an automatic external
defibrillator shall be made available to employees trained in the use
of the automatic external defibrillator in the facility, and a copy
of the list shall be maintained with each automatic external
defibrillator unit maintained in the facility. Statements indicating
that a resident does not want facility employees to use an automatic
external defibrillator shall be maintained in the resident file, with
copies in other locations where advance health care directives are
also stored and maintained in the facility.
(3) Prior to July 1, 2005, the facility shall inform current
residents or their responsible parties about automatic external
defibrillators and the resident's option to state in writing that he
or she does not want facility employees to use an automatic external
defibrillator if the resident needs emergency care or treatment. New
residents or their responsible parties shall be informed upon
admission about automatic external defibrillators and the resident's
option to state in writing that he or she does not want facility
employees to use an automatic external defibrillator if the resident
needs emergency care or treatment.
(4) Information about automatic external defibrillators provided
to residents shall include information consistent with that published
and distributed by the American Heart Association and the American
Red Cross on automatic external defibrillators.
(5) The facilities shall provide information, when possible and
appropriate, to residents or their responsible parties about
automatic external defibrillators and shall ask if a statement
indicating that the resident does not want facility employees to use
an automatic external defibrillator should be readdressed, changed,
or initiated, at the wishes and discretion of the resident or their
responsible parties. This shall be done at a minimum of once every
two years.
(6) If a resident of a residential care facility for the elderly
begins receiving hospice services from a licensed hospice, as defined
in Section 1339.31, the residential care facility for the elderly
shall provide information to that resident or their responsible party
about automatic external defibrillators and ask if a statement
indicating that the resident does not want facility employees to use
an automatic external defibrillator should be readdressed, changed,
or initiated at the wishes and discretion of the resident or their
responsible parties.
(g)
(i) The department may adopt emergency regulations to
implement this section in accordance with the rulemaking provisions
of the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code). The initial adoption of emergency regulations and one
readoption of the initial regulations shall be deemed to be an
emergency and necessary for the immediate preservation of the public
peace, health and safety, or general welfare. Initial emergency
regulations and the first readoption of those regulations shall be
exempt from review by the Office of Administrative Law. The initial
emergency regulations and the first readoption of those regulations
authorized by this subdivision shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and
publication in the California Code of Regulations and each shall
remain in effect for no more than 180 days.
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.
(j) The Emergency Medical Service Authority shall notify local EMS
agencies of this section and shall encourage the local EMS agencies
to track the number of times automatic external defibrillators are
employed on residents at residential care facilities for the elderly.
(k) Notwithstanding Section 1569.40, violation of this section
shall not constitute a misdemeanor.
(l) Subdivisions (b), (c), and (d) shall also apply to a
residential care facility for the elderly with a licensed bed
capacity of 60 or fewer persons that elects to acquire, maintain, and
train personnel in the use of an automatic external defibrillator at
the facility.