BILL ANALYSIS �
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: SB 1436
AUTHOR: Lowenthal
INTRODUCED: February 24, 2012
HEARING DATE: April 11, 2012
CONSULTANT: Trueworthy
SUBJECT : Automated external defibrillators.
SUMMARY : Makes permanent the existing protections that provide
general immunity from civil damages in connection with the use
of automated external defibrillator (AEDs).
Existing law:
1.Authorizes the Emergency Medical Services Authority to
establish minimum training and other standards for the use of
AEDs.
2.Provides general immunity from civil damages in connection
with the use of AEDs.
3.Requires persons or entities that acquire AEDs to comply with
specific maintenance, testing, and training requirements until
January 1, 2013, when they are set to sunset.
4.Establishes, until January 1, 2013, tenant notice and other
requirements for owners of buildings in which an AED is
placed.
This bill: Makes permanent the existing protections, which
would otherwise sunset on January 1, 2013, that provide general
immunity from civil damages in connection with the use of AEDs.
FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS :
1.Author's statement. According to the author, each year
295,000 sudden cardiac arrests occur in the United States that
are treated outside of hospitals with emergency services.
Approximately 20 percent of these events occur in the presence
of a witness. The key to surviving a sudden cardiac arrest is
to administer CPR and the use of an AED by a bystander. The
AED returns a person's heart to a normal rhythm. Studies show
that when CPR and AEDs are used within three to five minutes
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from the onset of collapse, the survival rate of a sudden
cardiac arrest victim is as high as 50 to 70 percent. For
every minute without a shock to the heart, the chance of
survival decreases by 7 to 10 percent.
The author states that on January 1, 2013, current law-which
has been in effect for more than ten years-sunsets and
different requirements will take effect that are less clear.
SB 1436 removes the sunset date.
According to the author, removing the sunset entirely creates
more certainty related to requirements that building owners
and other voluntary acquirers of AEDs must meet in order to be
immune from civil liability, likely resulting in more AED
installations and greater "Good Samaritan" access.
1.Background. According to the American Heart Association, an
AED is a lightweight, portable device that delivers an
electric shock through the chest to the heart. The shock can
stop an irregular rhythm and allow a normal rhythm to resume
in a heart in sudden cardiac arrest. Sudden cardiac arrest is
an abrupt loss of heart function. If it's not treated within
minutes, it quickly leads to death. The AED has a built-in
computer which assesses the patient's heart rhythm, determines
whether the person is in cardiac arrest, and signals whether
to administer the shock. Audible cues guide the user through
the process. The American Heart Association estimates that at
least 20,000 lives could be saved annually by prompt use of
AEDs.
Under current law, in order to be granted immunity from
liability, voluntary acquirers of AEDs, which include building
owners, schools, churches, senior centers and others, must
adhere to requirements governing the placement of AEDs. The
requirements address, among other subjects, training,
maintenance, and written plans. These provisions are scheduled
to sunset on January 1, 2013. SB 1436 will eliminate the
sunset and make these provisions permanent.
2.Double referral. This bill is double referred. Should it
pass out of this committee, it will be referred to the Senate
Committee on Judiciary.
3.Related legislation. AB 1666 (Olson) would extend the sunset
on the existing provisions of law related to AEDs to January
1, 2018, and would require an AED to be checked for readiness
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at least once every 90 days if the AED has not been used in
the preceding 90 days, rather than 30 days as required by
current law. AB 1666 is currently pending before the Assembly
Judiciary Committee.
4.Prior legislation. SB 63 (Price) of 2011 would have stated
the intent of the Legislature that all public high schools
acquire and maintain at least one AED and would require
schools that decide to acquire and maintain an AED, or to
continue to use and maintain an existing AED, to comply with
specified requirements. SB 63 was held in the Senate
Appropriations Committee.
SB 1281 (Padilla) of 2010 would have repealed the requirement
that a person or entity must comply with specified
maintenance, training, and notice requirements to not be
liable for any civil damages resulting from any acts or
omissions when the AED is used to render emergency care. SB
1281 failed passage in the Senate Judiciary Committee.
SB 127 (Calderon), Chapter 500, Statutes of 2010, removed the
July 1, 2012 sunset date for existing requirements that every
health studio acquires and maintains an AED and trains
personnel in its use thereby extending these requirements
indefinitely.
AB 1312 (Swanson) of 2009 would have made the current
requirements for health studios to purchase, maintain, and
train staff in the use of AEDs applicable to amusement parks
and golf courses. This bill also proposed to extend the
sunset date on this requirement from July 1, 2012 to July 1,
2014. AB 1312 was vetoed by the Governor.
AB 2083 (Vargas), Chapter 85, Statutes of 2006, extends the
sunset date from 2008 to 2013 on the operative provisions of
existing law which provide immunity from civil damages for
persons or entities that acquire AEDs and comply with
maintenance, testing, and training requirements.
AB 1507 (Pavley), Chapter 431, Statutes of 2005, required all
health studios in the state to have automatic external
defibrillators (AEDs) available with properly trained
personnel until July 1, 2012.
AB 254 (Nakanishi), Chapter 111, Statutes of 2005, requires
the principal of a public or private K-12 school to meet
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certain requirements in order to be exempt from liability for
civil damages associated with the use of an AED.
AB 2041 (Vargas), Chapter 718, Statutes of 2002, expands the
immunity protections for the use or purchase of an AED to
sunset in 2008.
SB 911 (Figueroa), Chapter 163, Statutes of 1999, creates
qualified immunity from civil liability for trained persons
who use in good faith and without compensation an AED in
rendering emergency care or treatment at the scene of an
emergency.
5.Support. The American Heart Association writes that SB 1436
will increase access to lifesaving AEDs. Every year, 295,000
sudden cardiac arrests occur in the United States that are
treated outside of hospitals with emergency services.
Approximately 20 percent of these events occur in the presence
of a witness. The American Heart Association writes that
removing the sunset entirely creates more certainty related to
requirements that building owners and other voluntary
acquirers of AEDs must meet in order to be immune from civil
liability. The League of California Cities writes in support
that SB 1436 ensures continued access and "Good Samaritan"
protections for voluntary providers who make this lifesaving
tool available in public. Civil Justice Association of
California writes in support that California has a strong
policy of encouraging emergency assistance and argues it is
good public policy to make this important law permanent so
owners and operators of AEDs continue to make available these
lifesaving devices.
SUPPORT AND OPPOSITION :
Support: American Heart Association (sponsor)
California Business Properties Association
California Professional Firefighters
California State Sheriffs' Association
CDF Firefighters Local 2881
City of Ventura
Civil Justice Association of California
League of California Cities
Oppose: None received.
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