Automated external defibrillators.
Summary
Existing law exempts from civil liability any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an automated external defibrillator (AED) at the scene of an emergency, except 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. Existing law also exempts from civil liability a person or entity that acquires an AED for emergency use, a physician who is involved with the placement of the AED, and any person or entity responsible for the site where the AED is located if specified conditions are met, including maintenance and regular testing of the AED and having a written plan that describes the procedures to be followed in case of an emergency that may involve the use of the AED. Under existing law, those specified conditions also require, when an AED is placed in a public or private K–12 school, the school principal to, among other things, ensure that the school administrators and staff annually receive a brochure, approved as to content and style by the American Heart Association or the American Red Cross, that describes the proper use of an AED, to ensure that similar information is posted next to every AED, and to designate the trained employees who are available to respond to an emergency that may involve the use of an AED during normal operating hours. This bill would provide an exemption from civil liability for a physician and surgeon or other health care professional that is involved in the selection, placement, or installation of an AED. The bill would require a person or entity, other than a health facility as defined, that acquires an AED to, among other things, comply with specified regulations for the placement of the device and ensure that the AED is maintained and tested as specified. The bill would require a building owner to annually notify the tenants as to the location of the AED units and provide information to tenants about who they can contact if they want to voluntarily take AED or CPR training, to offer a demonstration to at least one person associated with the building as to the use of an AED in an emergency, and post instructions for the use of the AED. The bill would also specify that a medical director or physician and surgeon is not required to be involved in the acquisition or placement of an AED. The bill would make related changes. This bill would revise the public or private K–12 school provisions described above by instead requiring, when an AED is placed in a public or private K–12 school, the school principal to ensure that the school administrators and staff annually receive information that describes sudden cardiac arrest, the school's emergency response plan, and the proper use of an AED, by instead requiring the school principal to ensure that instructions, in no less than 14-point type, on how to use the AED are posted next to every AED, and by deleting the requirement that the school principal designate the trained employees who are available to respond to an emergency that may involve the use of an AED during normal operating hours.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2015
Committee Review
Aug 2015
Senate Passage
May 2015
Assembly Passage
Aug 2015
Signed into Law
Sep 2015
Introduced Feb 27, 2015
Signed Sep 3, 2015
Floor votes · Senate May 22, 2015 · Assembly Aug 20, 2015
How they voted
32–0
Passed
Total votes 32
May 22, 2015
D
Democratic22
100% Yea
R
Republican10
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
25
Key actions
7
Committee
9
Amendments
2
Sep 3, 2015
Signed into law
Approved by the Governor.
legislature
Aug 27, 2015
Upper · Passed
Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2190.) Ordered to engrossing and enrolling.
upper
Aug 20, 2015
Assembly · Passed
Assembly Vote: pass (71-0-1)
assembly
Aug 20, 2015
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Jun 23, 2015
Lower · Passed
From committee: Do pass. (Ayes 10. Noes 0.) (June 23).
lower
Jun 15, 2015
Committee
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
lower
Jun 11, 2015
Committee
Referred to Com. on JUD.
lower
May 22, 2015
Senate · Passed
Senate Vote: pass (32-0)
senate
May 19, 2015
Upper · Passed
Read second time and amended. Ordered to third reading.
upper
May 18, 2015
Upper · Passed
From committee: Do pass as amended. (Ayes 7. Noes 0. Page 984.) (May 12).
upper
Apr 27, 2015
Committee
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
upper
Apr 9, 2015
Committee
From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 0. Page 545.) (April 8). Re-referred to Com. on JUD.
upper
Apr 6, 2015
Committee
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
upper
Mar 12, 2015
Committee
Referred to Coms. on HEALTH and JUD.
upper
Feb 27, 2015
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 1 co-sponsor
Sponsors
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