Amended  IN  Assembly  April 06, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 909

Introduced by Assembly Member Steinorth
(Coauthors: Assembly Members Cunningham, Mathis, Mayes, Rodriguez, Waldron, and Mayes and Waldron)

February 16, 2017

An act to add Section 1714.27 to the Civil Code, and to add Section 1797.161 to, and to add Chapter 4 (commencing with Section 19310) 19305) to Part 3 of Division 13 of, of the Health and Safety Code, relating to emergency response.


LEGISLATIVE COUNSEL'S DIGEST


AB 909, as amended, Steinorth. Emergency response: public access trauma kit. trauma kits.
Under existing law, everyone is generally responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person. 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. medical or nonmedical care or assistance at the scene of an emergency other than an act or omission constituting gross negligence or willful or wanton misconduct. Existing law exempts public or private organizations that sponsor, authorize, support, finance, or supervise the training of people, or certifies those people in emergency medical services, from liability for civil damages alleged to result from those training programs.
This bill would define “trauma PAK” kit” to mean a first aid response kit that contains specified items, including, among other things, at least 2 tourniquets. The bill would require a person or entity that supplies a trauma PAK to notify an agent of the local emergency medical service agency of the existence, location, and contents of the trauma PAK and to kit to provide the acquirer of the trauma PAK kit with all information governing the use, installation, operation, training, and maintenance of the trauma PAK. kit. The bill would provide an exemption from civil liability for a person who, in good faith and not for compensation, renders emergency care or treatment by the use of a trauma PAK at the scene of an emergency, as specified. The bill would provide an exemption from civil liability for a person or entity that provides first care provider training for the use of a trauma PAK to a person who renders emergency care pursuant to the above provision. The bill would also provide civil immunity for a person or entity that provides active shooter awareness training. apply the provisions governing civil liability described above to a lay rescuer or person who renders emergency care or treatment by the use of a trauma kit and to a person or entity that provides emergency first aid, trauma, or similar training in the use of a trauma kit to a person who renders emergency care, as specified.
Existing law requires certain occupied structures that are not owned or operated by any local government entity and are constructed on or after January 1, 2017, to have an automated external defibrillator (AED) on the premises.
This bill would require the above above-referenced occupied structures, including those that are owned or operated by a local government entity, and that are constructed on or after January 1, 2018, to have a trauma PAK kit on the premises. The bill would require a person or entity that supplies a trauma PAK to comply with the above requirements and acquires a trauma kit to comply with certain requirements, such as periodically inspect and replace the contents of a trauma kit and to notify the local EMS agency of the location and contents of the trauma kit. The bill would exempt a person or entity that acquires a trauma PAK kit for emergency care from liability for civil damages resulting from any acts or omissions in the rendering of emergency care if certain those requirements have been met. The bill would require the owner of a building or structure in which a trauma kit is placed to provide tenants with information regarding the location of, sources of training in the use of, and instructions in the use of, the trauma kit.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares the following:
(a) On December 2, 2015, a terrorist attack occurred at the Inland Regional Center in the County of San Bernardino in which 14 people were killed and 22 people were injured.
(b) President Obama’s speech from the Oval Office stated that the San Bernardino attack was “an act of terrorism designed to kill innocent people.”
(c) The City of Rancho Cucamonga implemented the principles of the First Care Provider program to build community resiliency and empower citizens to get involved during a disaster by providing the tools, equipment, and knowledge needed to make a difference in preventable death or injuries that occur during terrorist incidents or acts of mass violence.
(d) The successful operation of that program has trained hundreds of employees and thousands of civilians.
(e) There is an obligation to respond to the changing dynamic of emergency care situations by implementing adequate emergency preparation.

SEC. 2.

 This act shall be known and may be cited as the Tactical Response to TerrorismTraumatic Injuries Act.
Tactical Response to Terrorism Traumatic Injuries Act

SEC. 3.

 Section 1714.27 is added to the Civil Code, to read:

1714.27.
 (a) For purposes of this section, “public access trauma kit” or “trauma PAK” “trauma kit” means a first aid response kit that contains at least all of the following:
(1) Two tourniquets.
(2) Two pressure dressings that are inspected for replacement no less than every three years.
(3) Four chest seals that are inspected for replacement no less than every three years.
(4) Medical materials and equipment similar to those described in paragraphs (1) to (3), inclusive, that are approved by local law enforcement or first responders, that adequately treat a traumatic injury, and can be stored in a readily available kit.

(4)

(5) Instructional documents developed by the First Care Provider program or program, the Committee for Tactical Emergency Casualty Care, or both. or the federal Stop the Bleed campaign.

(b)Any person who, in good faith and not for compensation, renders emergency care or treatment by the use of a trauma PAKat the scene of an emergency is not liable for any civil damages resulting from any acts or omissions in rendering the emergency care if the trauma PAK is checked for readiness after each use and at least once a year if it has not been used in the preceding year.

(c)A person or entity that provides first care provider training for the use of a trauma PAK to a person who renders emergency care pursuant to subdivision (b) is not liable for any civil damages resulting from any acts or omissions of the person rendering the emergency care.

(d)A person or entity that provides active shooter awareness training is not liable for any civil damages resulting from any acts or omissions of the person rendering the emergency care.

(e)The protections specified in this section do 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 a trauma PAK.

(b) Section 1799.102 of the Health and Safety Code, the “Good Samaritan Law,” shall apply to any lay rescuer or person who, in good faith and not for compensation, renders emergency care or treatment by the use of a trauma kit at the scene of an emergency.
(c) Section 1799.100 of the Health and Safety Code shall apply to a person or entity that provides emergency first aid, trauma, or similar training, including, but not limited to, training for the emergency first care response to an active shooter or another emergency, in the use of a trauma kit to a person who renders emergency care pursuant to subdivision (b).

SEC. 4.Section 1797.161 is added to the Health and Safety Code, to read:
1797.161.

(a)For purposes of this section, “public access trauma kit” or “trauma PAK” means a first aid response kit that contains at least all of the following:

(1)Two tourniquets.

(2)Two pressure dressings that are inspected for replacement no less than every three years.

(3)Four chest seals that are inspected for replacement no less than every three years.

(4)

Instructional documents developed by the First Care Provider program or the Committee for Tactical Emergency Casualty Care, or both.

(b)In order to ensure public safety, a person or entity that supplies a trauma PAK shall do all of the following:

(1)Notify an agent of the local EMS agency of the existence, location, and contents of trauma PAK acquired.

(2)Provide the acquirer of the trauma PAK with all information governing the use, installation, operation, training, and maintenance of the trauma PAK.

SEC. 5.SEC. 4.

 Chapter 4 (commencing with Section 19310) 19305) is added to Part 3 of Division 13 of the Health and Safety Code, to read:
CHAPTER  4. Public Access Trauma Kit Trauma Kits

19305.
 For purposes of this section, “trauma kit” means a first aid response kit that contains at least all of the following:
(a) Two tourniquets.
(b) Two pressure dressings that are inspected for replacement no less than every three years.
(c) Four chest seals that are inspected for replacement no less than every three years.
(d) Medical materials and equipment similar to those described in subdivisions (a) to (c), inclusive, that are approved by local law enforcement or first responders, that adequately treat a traumatic injury, and can be stored in a readily available kit.
(e) Instructional documents developed by the First Care Provider program, the Committee for Tactical Emergency Casualty Care, or the federal Stop the Bleed campaign.

19307.
 In order to ensure public safety, a person or entity that supplies a trauma kit shall provide the acquirer of the trauma kit with all information governing the use, installation, operation, training, and maintenance of the trauma kit.

19310.
 (a) This chapter applies to all of the following structures, as defined in Chapter 3 (commencing with Section 301.1) of Part 2, the California Building Code, of Title 24, the California Building Standards Code, of the California Code of Regulations, that are constructed on or after January 1, 2018:
(1) Group A assembly buildings with an occupancy of greater than 300.
(2) Group B business buildings with an occupancy of 200 or more.
(3) Group E educational buildings with an occupancy of 200 or more.
(4) Group F factory buildings with an occupancy of 200 or more.
(5) Group I institutional buildings with an occupancy of 200 or more.
(6) Group M mercantile buildings with an occupancy of 200 or more.
(7) Group R residential buildings with an occupancy of 200 or more, excluding single-family and multifamily dwelling units.
(b) A structure described in subdivision (a) that is an occupied structure shall have a trauma PAK, as defined in subdivision (a) of Section 1797.161, on the premises subject to the requirements in Section 1797.161. A person or entity that acquires a trauma PAK for emergency care pursuant to this section shall not be liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of a trauma PAK if that person or entity has complied with subdivision (b) of Section 1797.161. kit on the premises.
(c) (1) This chapter shall apply to a structure in subdivision (a) that is owned or operated by any local government entity.
(2) This chapter shall not apply to a health facility licensed under subdivision (a), (b), (c), or (f) of Section 1250 of the Health and Safety Code.
(3) This chapter shall not be construed to apply to a structure that is vacant or under construction or renovation.
(d) A person or entity that acquires a trauma PAK for emergency care for a structure included in subdivision (a) that is constructed and occupied shall not be liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of a trauma PAK if that person or entity has complied with subdivision (b) of Section 1797.161. kit for emergency care pursuant to this section shall not be liable for any civil damages resulting from any acts or omissions in the rendering of emergency care by use of a trauma kit if that person or entity has complied with subdivision (e).
(e) In order to ensure public safety, a person or entity that acquires a trauma kit shall do all of the following:
(1) Comply with all regulations governing the placement of a trauma kit.
(2) Notify an agent of a local EMS agency of the existence, location, and materials contained in the trauma kit.
(3) Inspect all trauma kits acquired and placed on the premises of a building or structure every three years from the date of installation to ensure that all materials, supplies, and equipment contained in the trauma kit are not expired, and replace any expired materials, supplies, and equipment as necessary.
(f) When a trauma kit is placed on the premises of a building or structure, the owner of the building or structure shall do all of the following:
(1) At least once per year, notify tenants of the building or structure of the location of the trauma kit and provide information to tenants regarding contact information for training in the use of the trauma kit.
(2) Provide tenants with instructions in the use of the trauma kit from the training programs described in paragraph (5) of subdivision (e) of Section 19305.
(g) For the purposes of this section, a “local EMS agency” means an agency described in Section 1797.200.