Bill Text: CA SB1297 | 2009-2010 | Regular Session | Introduced
Bill Title: Automatic external defibrillators: health studios.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-03-04 - To Com. on RLS. [SB1297 Detail]
Download: California-2009-SB1297-Introduced.html
BILL NUMBER: SB 1297 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Calderon
FEBRUARY 19, 2010
An act to amend Section 104113 of the Health and Safety Code,
relating to automatic external defibrillators.
LEGISLATIVE COUNSEL'S DIGEST
SB 1297, as introduced, 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 to
acquire an automatic external defibrillator and to meet specified
training and maintenance standards relating to that device.
This bill would make technical, nonsubstantive changes to these
provisions.
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 (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 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.
(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 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 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 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.
Records of these checks shall be maintained
The health studio shall maintain records of these checks .
(C) Any A person who renders
emergency care or treatment on to a
person in cardiac arrest by using an automatic external defibrillator
activates the emergency medical services system as soon as possible,
and reports any 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 normal
operating hours. Acquirers of automatic external defibrillator units
may need to train additional employees to assure
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.
(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 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
any a hotel or similar business that
offers fitness facilities to its registered guests for a fee or as
part of the hotel charges.
