BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1312|
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THIRD READING
Bill No: AB 1312
Author: Swanson (D)
Amended: 8/17/09 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 7/14/09
AYES: Corbett, Harman, Florez, Leno
NO VOTE RECORDED: Walters
ASSEMBLY FLOOR : 77-0, 5/18/09 (Consent) - See last page
for vote
SUBJECT : Defibrillators
SOURCE : Author
DIGEST : This bill makes the current requirements for
health studios to purchase, maintain, and train staff in
the use of automatic external defibrillators applicable to
amusement parks and golf courses. This bill revises the
sunset date on this requirement from July 1, 2012 to July
1, 2014.
ANALYSIS : Existing law requires health studios,
beginning July 1, 2007, to acquire an automatic external
defibrillator (AED) and to maintain and train personnel in
the use of that AED. These requirements sunset on July 1,
2012. (Sections 104113(a)(1) and (2) of the Health and
Safety Code)
CONTINUED
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Existing law provides that on or after July 1, 2012, a
health studio that elects to continue the installation of
an AED shall maintain and train personnel in the use of an
AED and shall not be liable for civil damages resulting
from the use, attempted use, or nonuse of an AED. (Section
104113(a)(3) of the Health and Safety Code)
Existing law requires a health studio to do all of the
following:
1. Comply with all regulations governing the placement of
an AED.
2. Ensure that the AED is maintained and regularly tested,
as specified.
3. Ensure that the AED is checked for readiness after each
use and at least once every 30 days if the AED has not
been used in the preceding 30 days. Records of these
checks must be maintained.
4. Ensure that any person who renders emergency care or
treatment on a person in cardiac arrest by using an AED
activates the emergency services system as soon as
possible and reports any use of the AED to the licensed
physician and local EMS agency.
5. For every AED acquired, up to five units, no less than
one employee per AED shall complete a training course in
AED use. After the first five AEDs are acquired, for
each additional five AEDs acquired a minimum of one
employee shall be trained.
6. Acquirers of AEDs shall have trained employees who
should be available to respond to an emergency that may
involve the use of an AED during normal operating hours.
Acquirers of AEDs may need to train additional
employees to assure that a trained employee is available
at all times.
7. Have a written plan that describes the procedures to be
followed in the event of an emergency that may involve
the use of an AED. (Section 104113(e) of the Health and
Safety Code)
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Existing law provides for immunity from liability as
follows:
1. An employee of a health studio who renders emergency
care or treatment is not liable for civil damages
resulting from the use, attempted use, or nonuse of an
AED.
2. When an employee uses, does not use, or attempts to use
an AED to render emergency care or treatment, the
members of the board of directors of a facility are not
liable for civil damages resulting from any act or
omission in rendering the care or treatment, including
the use or nonuse of the AED.
3. When an employee of a health studio renders emergency
care or treatment using an AED, the owners, managers,
employees, or otherwise responsible authorities of the
facility are not liable for civil damages resulting from
any act or omission in the course of rendering that care
or treatment, provided the facility has fully complied
with existing law requiring testing and staffing, as
described above.
4. These provisions of immunity from liability 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, attempts
to use, or maliciously fails to use an AED to render
emergency care or treatment. (Sections 104113(b), (c),
(d), and (f) of the Health and Safety Code)
This bill, commencing July 1, 2010, adds amusement parks
and golf courses to the above statute, making those two
entities subject to all of the above-described provisions.
This bill imposes a requirement for health studios,
amusement parks, and golf courses to install AEDs until
January 1, 2014, and, as of that date, repeals the
requirement for installation of AEDs and the associated
immunity for their use or non-use.
This bill requires that records be maintained for two years
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after the AED is checked for readiness.
This bill extends the sunset date on the above statute to
July 1, 2014.
This bill defines "amusement parks" to mean any area where
amusement park rides are inspected pursuant to the Labor
Code, as specified.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/17/09)
American Red Cross
California Professional Firefighters
City of Sacramento
Sudden Cardiac Arrest Association
ARGUMENTS IN SUPPORT : The author writes that this bill
addresses the following two deficiencies in current law:
"Provisions governing AEDs at health clubs are set to
expire. 2) Provisions regarding placement of AEDs ought to
be broadened to include other high-incidence locations of
heart attacks."
In the case of sudden cardiac arrest, every second counts.
There is a 10 percent reduction in survival for every
minute delay in response. It has been said "few life
threatening emergencies are as time sensitive as SCA
[sudden cardiac arrest]," and the American Heart
Association recommends that the optimal response time from
collapse of the victim to on-scene arrival of the AED with
a trained rescuer is three minutes.
According to the Sudden Cardiac Arrest Association, "[i]t
is essential that defibrillation be administered
immediately following the cardiac arrest. If the heart
does not return to a regular rhythm within 5-7 minutes,
this fibrillation could be fatal. If defibrillated within
the first minute of collapse, the victim's chances for
survival are close to 90 percent. ? If [defibrillation] is
delayed by more than 10 minutes, the chance of survival in
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adults is less than 5 percent."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Ruskin, Salas, Silva, Skinner, Smyth,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Eng, Price, Saldana
RJG:mw 7/29/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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