BILL NUMBER: AB 1312	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 27, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1312, as introduced, Swanson. Defibrillators.
   Existing law, until July 1, 2012, requires every health studio, as
defined, to acquire an automatic external defibrillator, provides
immunity for use or nonuse of the devices, except as specified, and
establishes standards for the devices, including, but not limited to,
maintenance and staff training regarding proper use.
   This bill would delete that date thereby extending these
requirements to health studios indefinitely. The bill would also,
beginning July 1, 2010, apply these requirements and this immunity to
golf courses and amusement parks, as defined.
   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 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.  
   (3) Commencing July 1, 2010, every amusement park, as defined in
subdivision (g), and every golf course shall acquire an automatic
external defibrillator and shall maintain, and train personnel in the
use of, the automatic external defibrillator acquired pursuant to
this paragraph. 
   (b) An employee of  a   an amusement park,
golf course, or  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   an amusement park, golf course, or 
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   an amusement park, golf course, or
 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  
section:  
   (1) "Amusement park" means any area where amusement park rides are
inspected pursuant to Part 8.1 (commencing with Section 7920) of
Division 5 of the Labor Code. 
    (2)     "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.