BILL ANALYSIS
AB 1312
Page 1
GOVERNOR'S VETO
AB 1312 (Swanson)
As Amended August 17, 2009
2/3 vote
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|ASSEMBLY: |77-0 |(May 18, 2009) |SENATE: |24-9 |(September 2, |
| | | | | |2009) |
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|ASSEMBLY: |76-2 |(September 9, | | | |
| | |2009) | | | |
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Original Committee Reference: JUD.
SUMMARY : Seeks to extend 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
extends:
1)By five 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)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.
The Senate amendments require a record of a readiness check of an
AED be maintained for two years after the readiness check and
clarify that the qualified immunity continues after the sunset date.
AB 1312
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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.
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.
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).
4)Provides immunity from liability for certain trained persons who
in good faith and without compensation use an AED in 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.
5)Substantially relaxes the requirement that building owners and
AB 1312
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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.
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.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar to
the version approved by the Senate.
FISCAL EFFECT : None
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 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. The Judiciary 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.
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
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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.
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.
Several other states require AEDs (and trained staff) at health
studios, including Illinois, 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.
AB 1312
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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.
GOVERNOR'S VETO MESSAGE :
"There is no compelling need to extend the 2012 sunset date at this
time, especially when a reasonable exemption for a particular type
of business model was sought and rejected. I am not willing to
extend this law to additional businesses until this problem is
addressed."
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334 FN:
0003307