BILL ANALYSIS
AB 1312
Page 1
Date of Hearing: May 5, 2009
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 1312 (Swanson) - As Introduced: February 27, 2009
PROPOSED CONSENT (As Proposed to be Amended)
SUBJECT : AUTOMATIC EXTERNAL DEFIBRILLATORS: HEALTH STUDIOS
KEY ISSUES :
1)SHOULD THE JULY 12, 2012 SUNSET DATE FOR A PROVISION WHICH
ENCOURAGES AVAILABILITY OF AN AED, A LIFESAVING DEVICE IN THE
EVENT OF A CARDIAC ARREST, BY REQUIRING MAINTENANCE OF AND
STAFF TRAINING FOR AED USE AT HEALTH STUDIOS, BE EXTENDED AN
ADDITIONAL 5 YEARS, TO JULY 1, 2014?
2)SHOULD THE AED MAINTENANCE AND TRAINING REQUIREMENTS ALSO
EXTEND TO TWO OTHER PUBLIC PLACES WHERE THE ODDS OF CARDIAC
ARREST ARE INCREASED, NAMELY, GOLF COURSES AND AMUSEMENT
PARKS?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
This bill is part of a continuing effort by policymakers in
California to encourage the proliferation and use of automatic
external defibrillators (AEDs) in easily accessible public
locations. AEDs are portable medical devices used to administer
an electric shock through the chest wall to the heart after
someone suffers cardiac arrest. They are reportedly "fail-safe"
and there has been no known successful lawsuit brought against
an individual for the use or misuse of these devices. This
Committee has, with the help of the American Heart Association,
the Consumer Attorneys of California, and other interested
parties, helped fashion several measures over the years to help
spur the availability and use of AEDs.
This measure seeks to extend the sunset date for the current
requirement that health studios purchase and maintain AEDs by an
additional 5 years, until July 1, 2014. In addition, the bill
seeks to extend the AED maintenance and training requirement to
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two other types of public places where an AED could be a vital
lifesaving device: golf courses and amusement parks.
SUMMARY : Seeks to extend by 5 years the requirement that all
health studios in California have automatic external
defibrillators (AEDs) available with AED-trained personnel
present to help save the lives of club members who might
experience cardiac arrest, and seeks to require that golf clubs
and amusement parks also provide visitors with AED assistance in
case of a cardiac arrest. Specifically, this bill :
1)Extends by 5 years the sunset date of the requirement in
Health and Safety Code section 104113, that every health
studio, as defined in Civil Code Section 1812.81, acquire AED
devices, train personnel in their proper use, and maintain
AED-trained personnel on site during all operating hours, such
that the new sunset will be July 1, 2014.
2)Extends the requirement, to include golf courses and amusement
parks, requiring these facilities to acquire AED devices,
train personnel in their proper use, and maintain AED-trained
personnel on site during all operating hours.
EXISTING LAW :
1)Provides immunity from civil liability to any person who, in
good faith and without compensation or the expectation of
compensation, renders emergency care at the scene of an
emergency. (Health & Safety Code section 1799.102.)
2)Provides immunity from civil liability to any person who
completes a designated CPR course and who, in good faith,
renders emergency cardiopulmonary resuscitation at the scene
of an emergency, without the expectation of receiving
compensation for providing the emergency care. (Civil Code
section 1714.2.)
3)Exempts from civil liability any local agency, entity of state
or local government, or other public or private organization
which sponsors, authorizes, supports, finances, or supervises
the training of citizens in cardiopulmonary resuscitation
(CPR). (Health & Safety Code section 1799.100.)
4)Provides immunity from liability for certain trained persons
who in good faith and without compensation use an AED in
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rendering emergency care or treatment at the scene of an
emergency. This qualified immunity does not apply in the case
of personal injury or wrongful death resulting from the AED
operator's gross negligence or willful or wanton misconduct.
Nor does it apply to the manufacturer, designer, developer,
distributor, installer, or supplier of an AED or
defibrillator. It only applies to:
a) 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, when the person has completed a
specified training course within the preceding 12 months;
b) a person or entity who provides CPR and AED training to
the "Good Samaritan" rendering emergency care with the use
of an AED;
c) a physician who prescribes the AED and any person or
entity responsible for the site where an AED is located,
for negligent acts of the "Good Samaritan" in rendering
emergency care with an AED, if that physician, person, or
entity has complied with certain training and maintenance
requirements. (Civil Code section 1714.21 and Health &
Safety Code section 1797.196.)
5)Substantially relaxes the requirement that building owners and
others who acquire AEDs must ensure that expected AED users
complete an accepted CPR and AED course as a condition of
immunizing that building owner from any liability arising from
the use of the acquired AED. Maintained the requirement that
any immunities from civil liabilities in this context would
not apply in cases of gross negligence or willful or wanton
misconduct. (Health & Safety Code section 1797.196.)
6)Requires every health studio, as defined in Civil Code Section
1812.81, until July 1, 2012, to acquire an AED, and maintain
and train personnel in the use of the acquired AED. (Health &
Safety Code section 104113.)
COMMENTS : This bill is part of a continuing and laudable effort
by policymakers in California to encourage the proliferation and
use of automatic external defibrillators (AEDs) in easily
accessible public locations to save lives. AEDs are portable
medical devices used to administer an electric shock through the
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chest wall to the heart after someone suffers cardiac arrest.
They are reportedly "fail-safe," and there apparently has been
no successful lawsuit brought against an individual for the use
or misuse of these devices. This Committee has, with the help
of the American Heart Association, the Consumer Attorneys of
California, and other interested parties, helped fashion several
measures over the years to help spur the availability and use of
AEDs. This measure, following in those earlier bills'
footsteps, seeks to extend the sunset date by 5 years for the
requirement that health studios purchase and maintain AEDs for
possible use by club personnel to potentially save lives, train
staff in their proper use, and maintain staff on the premises
during all operating hours, such that the new sunset will be
July 1, 2014. The bill would also extend these requirements to
golf clubs and amusement parks.
AEDs can save lives . According to the American Heart
Association (AHA), cardiac arrest is a life-or-death situation,
and the patient has very little chance of survival without
defibrillation. However, the window of opportunity for saving
lives through defibrillation is very small, being only 10-13
minutes even if CPR is administered correctly. According to the
AHA, in cases of sudden cardiac arrest, CPR is merely a
maintenance tool, and defibrillation must take place to "shock"
the patient's heart into a proper working rhythm. Thus, the
public would be better served, and lives could be saved, if
businesses and offices across California are better encouraged
to have AEDs on site.
No risk of accidental misuse, according to the American Heart
Association . According to the AHA, AEDs contain microcomputers
to accurately identify sudden cardiac arrests and make extensive
use of audible prompting and signals to provide operators with
clear and concise instruction, making their use uncomplicated,
intuitive, and nearly foolproof. Safeguards are built in to
protect both operator and victim and to ensure that the AED will
only deliver a shock if, in fact, the device affirmatively
determines that a victim is in sudden cardiac arrest. Further,
the device does not allow for manual overrides, in the event a
panicked operator tries to administer the shock even when the
device finds that the victim is not in cardiac arrest.
Other states' AED requirements . Several other states require
AEDs (and trained staff) at health studios, including Illinois,
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Indiana, Massachusetts, Michigan, New Jersey, and New York.
None of these states' statutes have sunset provisions, therefore
it is reasonable for California to extend the sunset provision
in Health and Safety Code section 104113.
Some states require AEDs at facilities other than health
studios. Illinois and New York require AEDs at certain school
(fitness) facilities and events. New York state additionally
requires AEDs at "places of public assembly," defined as places
with an occupancy capacity of 1,000 or more, including stadiums,
ballparks, and similar sporting event facilities; as well as
concert halls and other facilities where musical concerts are
given; but does not include churches or libraries. (NY Public
Health Law section 225, 5-b(c)). New York City has very broad
AED requirements, mandating that they be provided by operators
of all "public places," "in quantities and locations deemed
adequate," in a manner such that the AEDs be "readily accessible
for use during medical emergencies." (NY Administrative Code
section 17-188.) "Public places" include public buildings,
parks, nursing homes, ferry terminals, senior centers, golf
courses, and sports arenas. Given that other states have done
so, it is reasonable for California to extend its AED
requirements to public places other than health studios.
Need for AEDs at golf clubs and amusement parks . According to
the Golf Course Superintendents Association of America's
website, "Sudden cardiac arrest is the number one killer on golf
courses, and according to Golf Digest, golf courses rank fifth
in places where sudden cardiac arrest is most likely to occur."
The Red Cross website states, "Golf courses and sports stadiums
are two of the top five most likely spots for cardiac arrest"
and that, "although sudden cardiac arrest can happen anywhere,
the odds skyrocket in busy locations such as airports and train
stations." According to the International Association of
Amusement Parks and Attractions' website, "Most large amusement
parks and aquatic facilities already have AEDs on site in
multiple locations." Neither the GCSAA nor the IAAPA recommends
that their respective facilities be required to maintain AEDs,
but they do recommend voluntary AED acquisition and training.
Therefore, given the prevalence of cardiac arrest on golf
courses, the busy nature of amusement parks, and the fact that
professional organizations for both types of facilities are
recommending AED acquisition and training, it does seem
reasonable to require AEDs in those places.
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PRIOR LEGISLATION : AB 2041 (Vargas) of 2002, Ch. 718 of 2002,
broadened the current immunity for the use or purchase of an AED
in an effort to encourage their purchase and use, repealed the
CPR and AED use training requirement for a Good Samaritan user
of an AED in rendering emergency care, and substantially relaxed
the requirement that building owners and others who acquire AEDs
ensure that expected AED users complete an accepted CPR and AED
course as a condition of immunizing the building owners from
liability arising from the use of the AED.
SB 911 (Figueroa) of 1999, Ch. 163 of 1999, provided for
qualified immunity to "Good Samaritans" who voluntarily apply
AEDs at the scene of an emergency to try to save heart victim's
lives, so long as those persons had training in the use of an
AED.
AB 1507 (Pavely) of 2005, Ch. 431 of 2005, required every health
studio, as defined, to acquire an AED, provided immunity for
providing the devices, and established standards for providing
the devices, including training and maintaining staff as to AED
use; required health studios that chose to voluntarily acquire
AEDs on or after the sunset date of July 1, 2012 to maintain and
train personnel in AED use and provided for related immunity.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Drew Liebert and Rachel Anderson / JUD. /
(916) 319-2334