California AED Bill

 

SB 911 Senate Bill - CHAPTERED BILL NUMBER: SB 911

 

CHAPTERED BILL TEXT

 

CHAPTER   JULY 23, 1999

 

FILED WITH SECRETARY OF STATE   JULY 23, 1999

 

APPROVED BY GOVERNOR   JULY 22, 1999

 

PASSED THE SENATE   JULY 12, 1999

 

PASSED THE ASSEMBLY   JULY 6, 1999

 

AMENDED IN ASSEMBLY   JUNE 15, 1999

 

AMENDED IN SENATE   APRIL 27, 1999

 

AMENDED IN SENATE   APRIL 8, 1999

 

INTRODUCED BY   Senator Figueroa

 

(Principal coauthor:  Assembly Member Oller)

 

(Coauthors:  Senators Alarcon, Morrow, Peace, Perata, Rainey, Schiff, Sher, and Solis)

 

(Coauthors: Assembly Members Baugh, Cardoza, Davis, Havice, Maddox, Romero, Torlakson, Washington, Wildman, and Zettel)

 

 

FEBRUARY 25, 1999

 

 

 

An act to add Section 1714.21 to the Civil Code, and to add Section 1797.196 to the Health and Safety Code, relating to emergency

care.

 

 

 

 

 

 

LEGISLATIVE COUNSEL'S DIGEST

 

 

 

 

SB 911, Figueroa.  Emergency care:  automatic external

 

defibrillator:  acquisition and liability.

 

   Existing law 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.

 

Existing law expressly provides immunity from civil liability to any

 

person who completes a designated cardiopulmonary resuscitation (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.

 

   This bill would provide immunity from civil liability to (1) any

 

person who, in good faith and not for compensation renders emergency

 

care or treatment by the use of an automated external defibrillator

 

at the scene of an emergency, has completed a basic CPR and automated

 

external defibrillator (AED) use course that complies with

 

regulations adopted by the Emergency Medical Services (EMS) Authority

 

and the standards of the American Heart Association or the American

 

Red Cross for CPR and AED use, (2) a person or entity who provides

 

CPR and AED training to a person who renders emergency care pursuant

 

to (1), and (3) a physician who is involved with the placement of an

 

AED and any person or entity responsible for the site where an AED is

 

located if that physician, medical authority, person, or entity has

 

complied with certain requirements.  The bill would provide that its

 

protections shall not apply in the case of personal injury or

 

wrongful death that results from the gross negligence or willful or

 

wanton misconduct of the person who renders emergency care or

 

treatment by the use of an AED.

 

   Existing law, the Emergency Medical Services System and the

 

Prehospital Emergency Medical Care Personnel Act, authorizes the

 

Emergency Services Authority to establish minimum standards for the

 

training and use of automatic external defibrillators by individuals

 

not otherwise licensed or certified for the use of the device.

 

   This bill would require any person who acquires an automatic

 

external defibrillator to comply with specified requirements in the

 

bill.

 

 

 

 

 

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

 

 

 

 

 

  SECTION 1.  It is the intent of the Legislature that an automated

 

external defibrillator may be used for the purpose of saving the life

 

of another person in cardiac arrest when used in accordance with

 

Section 1714.21 of the Civil Code.

 

  SEC. 2.  Section 1714.21 is added to the Civil Code, to read:

 

   1714.21.  (a) For purposes of this section, the following

 

definitions shall apply:

 

   (1) "AED" or "defibrillator" means an automated or automatic

 

external defibrillator.

 

   (2) "CPR" means cardiopulmonary resuscitation.

 

   (b) A person who has completed a basic CPR and AED use course that

 

complies with regulations adopted by the Emergency Medical Services

 

(EMS) Authority and the standards of the American Heart Association

 

or the American Red Cross for CPR and AED use, and 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 shall not be liable for

 

any civil damages resulting from any acts or omissions in rendering

 

the emergency care.

 

   (c) A person or entity who provides CPR and AED training to a

 

person who renders emergency care pursuant to subdivision (b) shall

 

not be liable for any civil damages resulting from any acts or

 

omissions of the person rendering the emergency care.

 

   (d) A physician who is involved with the placement of an AED and

 

any person or entity responsible for the site where an AED is located

 

shall not be liable for any civil damages resulting from any acts or

 

omissions of a person who renders emergency care pursuant to

 

subdivision (b) if that physician, person, or entity has complied

 

with all requirements of Section 1797.196 of the Health and Safety

 

Code that apply to that physician, person, or entity.

 

   (e) The protections specified in this section shall not apply in

 

the case of personal injury or wrongful death that results from the

 

gross negligence or willful or wanton misconduct of the person who

 

renders emergency care or treatment by the use of an AED.

 

   (f) Nothing in this section shall relieve a manufacturer,

 

designer, developer, distributor, installer, or supplier of an AED or

 

defibrillator of any liability under any applicable statute or rule

 

of law.

 

  SEC. 3.  Section 1797.196 is added to the Health and Safety Code,

 

to read:

 

   1797.196.  (a) For purposes of this section, "AED" or

 

"defibrillator" means an automated or automatic external

 

defibrillator.

 

   (b) In order to ensure public safety, any person who acquires an

 

AED shall do all of the following:

 

   (1) Comply with all regulations governing the training, use, and

 

placement of an AED.

 

   (2) Notify an agent of the local EMS agency of the existence,

 

location, and type of AED acquired.

 

   (3) Ensure all of the following:

 

   (A) That expected AED users complete a training course in

 

cardiopulmonary resuscitation and AED use that complies with

 

regulations adopted by the Emergency Medical Services (EMS) Authority

 

and the standards of the American Heart Association or the American

 

Red Cross.

 

   (B) That the defibrillator is maintained and regularly tested

 

according to the operation and maintenance guidelines set forth by

 

the manufacturer, the American Heart Association, and the American

 

Red Cross, and according to any applicable rules and regulations set

 

forth by the governmental authority under the federal Food and Drug

 

Administration and any other applicable state and federal authority.

 

 

 

   (C) 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 periodic checks shall be

 

maintained.

 

   (D) That any person who renders emergency care or treatment on a

 

person in cardiac arrest by using an AED activates the emergency

 

medical services system as soon as possible, and reports any use of

 

the AED to the licensed physician and to the local EMS agency.

 

   (E) That there is involvement of a licensed physician in

 

developing a program to ensure compliance with regulations and

 

requirements for training, notification, and maintenance.

 

   (c) A violation of this provision shall not be subject to

 

penalties pursuant to Section 1798.206.