Bill Text: CA SB127 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Automatic external defibrillators: health studios.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State. Chapter 500, Statutes of 2010. [SB127 Detail]

Download: California-2009-SB127-Amended.html

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BILL NUMBER: SB 127	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 20, 2010
	AMENDED IN ASSEMBLY  JUNE 1, 2010
	AMENDED IN SENATE  MAY 20, 2009

INTRODUCED BY   Senator Calderon

                        FEBRUARY 5, 2009

   An act to amend Section 104113 of the Health and Safety Code,
relating to automatic external defibrillators.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 127, as amended, Calderon. Automatic external defibrillators:
health studios. 
   Under existing law, commencing January 1, 2008, and continuing
until July 1, 2012, a health studio, as defined, is required

    Existing law, until July 1, 2012, requires every health
studio, as defined,  to acquire an automatic external
defibrillator and to meet specified training and maintenance
standards relating to that device. Under existing law, when a health
studio employee uses an automatic external defibrillator, as
specified, the owners, managers, employees, or otherwise responsible
authorities of the facility shall not be liable for civil damages
resulting from an act or omission in the course of rendering that
emergency care or treatment, as required.
   This bill would  extend these provisions indefinitely. This
bill would also  provide that a health studio that allows its
members access to its facilities during operating hours when
employees trained in the use of automatic external defibrillators are
not on the facility premises, waives the above exemption from
liability for civil damages and the affirmative defense of primary
assumption of the risk, whether express or implied, as to a claim
arising out of the absence of trained staff. 
   This bill would also require a health studio that is available for
use by its members 24 hours per day but does not have an employee on
the health studio's premises for the entire 24-hour period, to meet
specified requirements, including that on or before January 1, 2012,
and before January 1 of each of the following three years, the health
studio would be required to report to the Legislature certain
information as prescribed. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 104113 of the Health and Safety Code is amended
to read: 
   104113.  (a) (1) Commencing July 1, 2007, every health studio, as
defined in subdivision (h), 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 (h), shall maintain, and train
personnel in the use of, an 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. 
    104113.   (a)  Every health studio, as defined in
subdivision (h), shall acquire, maintain, and train personnel in the
use of, an automatic external defibrillator pursuant to 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 an 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 subdivisions (f) and (g), 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 an 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.
The health studio shall maintain records of these checks.
   (C) A person who renders emergency care or treatment to a person
in cardiac arrest by using an automatic external defibrillator
activates the emergency medical services system as soon as possible,
and reports the 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 staffed
operating hours. Acquirers of automatic external defibrillator units
may need to train additional employees to ensure 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. 
   (3) A health studio that is available for use by its members 24
hours per day, but that does not have an employee on the health
studio's premises for the entire 24-hour period, shall do all of the
following:  
   (A) Require that all employees who work on the health studio's
premises complete a training course, within 30 days of beginning
employment, in cardiopulmonary resuscitation and automated 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.  
   (B) Ensure that a trained employee is on the health studio's
premises for no fewer than 50 hours per week.  
   (C) Inform a member, at the time the member contracts for the use
of the health studio, that a trained employee will not be on the
health studio's premises at all times.  
   (D) (i) On or before January 1, 2012, and before January 1 of each
of the following three years, the health studio shall provide a
report to the Assembly and Senate Judiciary Committees of the
Legislature that contains the following:  
   (I) The average number of hours per week that the health studio is
staffed.  
   (II) The average number of hours per week that the health studio
was staffed prior to the adoption of this section.  
   (III) The total number of reported cardiac incidents that have
occurred during unstaffed hours, and whether any of these incidents
resulted in death.  
   (ii) The franchisor for a chain of franchised health studios shall
collect and report the information pursuant to this subparagraph on
behalf of its franchised health studios operated in this state. 

   (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) A health studio that allows its members access to its
facilities during operating hours when employees trained in the use
of automatic external defibrillators are not on the facility
premises, waives the provisions of subdivision (d) and the
affirmative defense of primary assumption of the risk, whether
express or implied, as to a claim arising out of the absence of
trained staff.
   (h) For purposes of this section, "health studio" means a 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 a hotel or similar business that
offers fitness facilities to its registered guests for a fee or as
part of the hotel charges.