The State of California requires that your business must acquire and maintain an AED. Your business must also maintain on staff, during business hours, a at least one* staff member that is trained in CPR and AED use and can implement an emergency medical response plan.

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According to the American Heart Association, use of an AED has been proven to save lives in the event of sudden cardiac arrest.

Having an AED in your business will help you in the event that one of your customers or employees is the victim of such an unfortunate event.

Having an AED in your business is not only a good idea, it is now California State Law. On July 1, 2007 California State Assembly Bill 1507 took effect.

This bill  (read entire bill below) requires that all health studios (defined by the State of California as any facility permitting the use of its facilities and equipment to individuals or groups for physical exercise, body building, reducing, figure development, fitness training, or any other similar purpose, on a membership basis AB1507 section 104113) to acquire an AED provide maintenance and staff training for its proper use*.

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Assembly Bill AB1507 7-07
AED requirements updated.

BILL NUMBER: AB 1507   CHAPTERED

BILL TEXT

CHAPTER  431

FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2005

        APPROVED BY GOVERNOR  SEPTEMBER 30, 2005

        PASSED THE ASSEMBLY  AUGUST 29, 2005

        PASSED THE SENATE  AUGUST 22, 2005

        AMENDED IN SENATE  AUGUST 16, 2005

        AMENDED IN SENATE  JULY 11, 2005

        AMENDED IN SENATE  JUNE 20, 2005

INTRODUCED BY   Assembly Member Pavley

   (Coauthors: Assembly Members Koretz and Vargas)

   (Coauthors: Senators Alquist and Romero)

                        FEBRUARY 22, 2005

   An act to add Section 104113 to the Health and Safety Code, relating to public health.

         LEGISLATIVE COUNSEL'S DIGEST

   AB 1507, Pavley  Cardiac health: automatic external defibrillators: health studios.

   Existing law establishes the State Department of Health Services and sets forth its powers and duties, including, but not limited to, conducting a program for the control of cardiovascular disease.

   Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (EMS act), establishes the State Emergency Medical Services Authority to oversee the local implementation of the emergency medical services system.

The EMS act permits each county to establish an EMS program and designate a local EMS service agency (EMS agency). Existing law authorizes the authority to establish minimum standards for the training and use of automatic external defibrillators and requires persons or entities that acquire the defibrillators to comply with maintenance, testing, and training requirements which are scheduled to change commencing January 1, 2008. Existing law, until January 1, 2008, provides immunity from civil damages for those persons or entities.

   This bill, commencing July 1, 2007, and until July 1, 2012, would require every health studio, as defined, to acquire an automatic external defibrillator, would provide immunity for providing the devices, and would, notwithstanding existing law, establish standards for providing the devices, including, but not limited to, maintenance and staff training regarding proper use.

   The bill would require each health studio that elects to continue the installation on or after July 1, 2012, to maintain and train personnel in the use of an automatic external defibrillator, and would provide for related immunity.

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

  SECTION 1.  Section 104113 is added to the Health and Safety Code, to read:

   104113.  (a) (1) Commencing July 1, 2007, every health studio, as defined in subdivision (g) shall acquire an automatic external

defibrillator. The requirement to acquire an automatic external defibrillator pursuant to this subdivision shall terminate on July 1, 2012.

   (2) Commencing July 1, 2007, and until July 1, 2012, every health studio, as defined in subdivision (g), shall maintain, and train

personnel in the use of, any automatic external defibrillator acquired pursuant to paragraph (1).

   (3) On or after July 1, 2012, a health studio that elects to continue the installation of an automatic external defibrillator that was acquired pursuant to paragraph (1) shall maintain and train personnel in the use of an automatic external defibrillator pursuant to this section, and shall not be liable for civil damages resulting from the use, attempted use, or nonuse of an automatic external defibrillator as provided by this section.

   (b) An employee of a health studio who renders emergency care or treatment is not liable for civil damages resulting from the use, attempted use, or nonuse of an automatic external defibrillator, except as provided in subdivision (f).

   (c) When an employee uses, does not use, or attempts to use, an automatic external defibrillator consistent with the requirements of

this section to render emergency care or treatment, the members of the board of directors of the facility shall not be liable for civil damages resulting from any act or omission in rendering the emergency care or treatment, including the use or nonuse of an automatic external defibrillator, except as provided in subdivision (f).

   (d) Except as provided in subdivision (f), when an employee of a health studio renders emergency care or treatment using an automatic external defibrillator, the owners, managers, employees, or otherwise responsible authorities of the facility shall not be liable for

civil damages resulting from any act or omission in the course of

rendering that emergency care or treatment, provided that the

facility fully complies with subdivision (e).

   (e) Notwithstanding Section 1797.196, in order to ensure public safety, a health studio shall do all of the following:

   (1) Comply with all regulations governing the placement of an automatic external defibrillator.

   (2) Ensure all of the following:

    (A) The automatic external defibrillator is maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, the American Heart

Association, or 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.

    (B) The automatic external defibrillator is checked for readiness after each use and at least once every 30 days if the automatic external defibrillator has not been used in the preceding 30 days.

Records of these checks shall be maintained.

   (C) Any person who renders emergency care or treatment on a person in cardiac arrest by using an automatic external defibrillator activates the emergency medical services system as soon as possible, and reports any use of the automatic external defibrillator to the licensed physician and to the local EMS agency.

   (D) For every automatic external defibrillator unit acquired, up to five units, no less than one employee per automatic external

defibrillator unit shall complete a training course in cardiopulmonary resuscitation and automatic external defibrillator use that complies with the regulations adopted by the Emergency Medical Services Authority and the standards of the American Heart Association or the American Red Cross. After the first five automatic external defibrillator units are acquired, for each additional five automatic external defibrillator units acquired, a minimum of one employee shall be trained beginning with the first additional automatic external defibrillator unit acquired. Acquirers of automatic external defibrillator units shall have trained employees who should be available to respond to an emergency that may involve

the use of an automatic external defibrillator unit during normal operating hours.  Acquirers of automatic external defibrillator units

may need to train additional employees to assure that a trained employee is available at all times.

   (E) There is a written plan that exists that describes the procedures to be followed in the event of an emergency that may involve the use of an automatic external defibrillator, to ensure compliance with the requirements of this section. The written plan shall include, but not be limited to, immediate notification of 911

and trained office personnel at the start of automatic external defibrillator procedures.

   (f) Subdivisions (b), (c), and (d) do not apply in the case of personal injury or wrongful death that results from gross negligence or willful or wanton misconduct on the part of the person who uses, attempts to use, or maliciously fails to use an automatic external defibrillator to render emergency care or treatment.

   (g) For purposes of this section, "health studio" means any facility permitting the use of its facilities and equipment or access to its facilities and equipment, to individuals or groups for physical exercise, body building, reducing, figure development, fitness training, or any other similar purpose, on a membership basis. "Health studio" does not include any hotel or similar business that offers fitness facilities to its registered guests for a fee or

as part of the hotel charges.

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Good Samaritan Law
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The people of the State of California do exact as follows:

SECTION 1. Section 1714.2 is added to the Civil Code, to read:

1. In order to encourage citizens to participate in emergency medical training programs and to render emergency medical services to fellow citizens, no person who has completed a basic cardiopulmonary resuscitation course which complies with the standards adopted by the American Heart Association or the American Red Cross for cardiopulmonary resuscitation and emergency cardiac care, and whom, in good faith, renders emergency cardiopulmonary resuscitation at the scene of an emergency, shall be liable for any civil damages as a result of any acts or omissions by such person rendering the emergency care.
2. This section shall not be construed to grant immunity from civil damages to any person whose conduct in rendering such emergency care constitutes gross negligence.
3. In order to encourage local agencies and other organizations to train citizens in cardiopulmonary resuscitation techniques, no local agency, entity or state local governments, or other public or private organization which sponsors, authorizes, supports, finances, or supervises the training of citizens in cardiopulmonary resuscitation shall be liable for any civil damages alleged to be the result from such training programs.

Senate Bill SB911 – AED - Filed July 23, 1999

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.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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:

1. 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.
2. 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.
3. 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.
4. 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.
5. That there is involvement of a licensed physician in developing a program to ensure compliance with regulations and requirements for training, notification, and maintenance.
6. A violation of this provision shall not be subject to penalties pursuant to Section 1798.206.

BILL NUMBER: SB 911    ENROLLED

        BILL TEXT

        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.