BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1436|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 1436
Author: Lowenthal (D), et al.
Amended: 5/8/12
Vote: 21
SENATE HEALTH COMMITTEE : 9-0, 4/11/12
AYES: Hernandez, Harman, Alquist, Anderson, Blakeslee, De
Le�n, DeSaulnier, Rubio, Wolk
SENATE JUDICIARY COMMITTEE : 5-0, 5/1/12
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SUBJECT : Automated external defibrillators
SOURCE : American Heart Association
DIGEST : This bill makes permanent the existing
protections that provide general immunity from civil
damages in connection with the use of automated external
defibrillators.
ANALYSIS :
Existing law:
1. Authorizes the Emergency Medical Services Authority to
establish minimum training and other standards for the
use of automated external defibrillators (AEDs).
2. Provides general immunity from civil damages in
CONTINUED
SB 1436
Page
2
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.
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 is 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. This bill
eliminates the sunset and makes these provisions permanent.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
CONTINUED
SB 1436
Page
3
SUPPORT : (Verified 5/8/12)
American Heart Association (source)
Building Owners and Managers Association of California
California Ambulance Association
California Apartment Association
California Business Property Association
California Chapter American College of Cardiology
California Chapters of the American Red Cross
California Medical Association
California Professional Firefighters
California State Sheriffs' Association
CDF Firefighters Local 2881
City of Ventura
Civil Justice Association of California
League of California Cities
ARGUMENTS IN SUPPORT : The American Heart Association
writes that this bill 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 this
bill ensures continued access and "Good Samaritan"
protections for voluntary providers who make this
lifesaving tool available in public. The 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.
CTW:mw 5/8/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED
SB 1436
Page
4
CONTINUED