California State AED Law

 Summary of Requirements
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Physician
The involvement of a CA licensed physician as Medical Director in developing an AED program to ensure compliance with regulations and requirements for training, notification, and maintenance is required.
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CPR/AED Training
For every AED unit acquired up to five units, no less than one employee per AED unit shall complete a training course in cardiopulmonary resuscitation and AED use that complies with the regulations adopted by the Emergency Medical Service Authority and the standards of the American Heart Association or the American Red Cross. After the first five AED units are acquired, for each additional five AED units acquired, one employee shall be trained beginning with the first AED unit acquired. Acquirers of AED units shall have trained employees who should be available to respond to an emergency that may involve the use of an AED unit during normal operating hours.
AED-Check.jpg  EMS Notification Any person or entity that supplies an AED shall notify an agent of the local EMS agency of the existence, location, and type of AED acquired.
AED-Check.jpg Maintenance Program
The AED must be 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. The AED must be 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 checks shall be maintained.

There must be a written plan that describes the procedures to be followed in the event of an emergency that may involve the use of an AED. The written plan shall include, but not be limited to, immediate notification of 911 and trained office personnel at the start of AED procedures.

Building owners must ensure that tenants annually receive a brochure, approved as to content and style by the American Heart Association or American Red Cross, which describes the proper use of an AED, and also ensure that similar information is posted next to any installed AED.

No less than once a year, building owners will notify their tenants as to the location of AED units in the building.
 AED-Check.jpg Notification of Use
Any person who renders emergency care or treatment on a person in sudden cardiac arrest by using an AED must activate the emergency medical services system as soon as possible, and report any use of the AED to the licensed physician and to the local EMS agency.

 

 Good Samaritan Protection
   
Rescuer
Purchaser
Property Owner
Physician Trainer
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(b) In order to ensure public safety, any person or entity that acquires an AED is not be liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care under subdivision (b) of Section 1714.21 of the Civil Code, if that person or entity does all of the following:
(1) Complies with all regulations governing the placement of an AED.
(2) Ensures all of the following:
(A) That the AED 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.
(B) 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 checks shall be maintained.
(C) 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.
(D) For every AED unit acquired up to five units, no less than one employee per AED unit shall complete a training course in cardiopulmonary resuscitation and AED use that complies with the regulations adopted by the Emergency Medical Service Authority and the standards of the American Heart Association or the American Red Cross. After the first five AED units are acquired, for each additional five AED units acquired, one employee shall be trained beginning with the first AED unit acquired. Acquirers of AED units shall have trained employees who should be available to respond to an emergency that may involve the use of an AED unit during normal operating hours.
(E) That there is a written plan that describes the procedures to be followed in the event of an emergency that may involve the use of an AED, 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 AED procedures.
(3) Building owners ensure that tenants annually receive a brochure, approved as to content and style by the American Heart Association or American Red Cross, which describes the proper use of an AED, and also ensure that similar information is posted next to any installed AED.
(4) No less than once a year, building owners will notify their tenants as to the location of AED units in the building.
(c) Any person or entity that supplies an AED shall do all of the following:
(1) Notify an agent of the local EMS agency of the existence, location, and type of AED acquired.
(2) Provide to the acquirer of the AED all information governing the use, installation, operation, training, and maintenance of the AED.
(d) A violation of this provision is not subject to penalties pursuant to Section 1798.206.
(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 an AED.
(f) Nothing in this section or Section 1714.21 shall be construed to require a building owner or a building manager to acquire and have installed an AED in any building.
(g) This section shall remain in effect only until January 1, 2008, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2008, deletes or extends that date.

 

 Laws / Legislation
 Reference
Date Summary
 SB 1436
2012  Extends indefinately provisions and requirements of Section 1797.196 of the Health and Safety Code, relating to automated external defibrillators.
SB 1297
2010
An act to amend Section 104113 of the Health and Safety Code, relating to automatic external defibrillators in health studios. This bill would make technical, nonsubstantive changes to these provisions.
SB 1281
2010 An act to amend Section 104113 of the Health and Safety Code, relating to automatic external defibrillators in health studios. This bill would make technical, nonsubstantive changes to these provisions.
AB 1312
2009 Extends the requirements to acquire an automatic external defibrillator to July 1, 2014 for every health studio as defined. The bill also, beginning July 1, 2010, applies these requirements and this immunity to golf courses and amusement parks, as defined.
AB 156
2009 Authorizes the governing board of a school district to offer one credit towards the required number of credits required for graduation from high school for training and certification in cardiopulmonary resuscitation or use of an automatic external defibrillator, or both.
SB 127
2009 Amends Section 104113 of the Health and Safety Code, relating to automatic external defibrillators in health spas.
AB 2637
2008 Requires a dental sedation assistant permit course to have at minimum one automated external defibrillator (AED) or AED trainer.
AB 2083
2006  Emergency medical services: automatic external defibrillators. Extends termination date of provisions to January 1, 2013.
 AB 1507  2006 Requires AEDs in fitness centers and that staff be trained on their proper use. This bill is effective until July 12, 2012. The bill also provides immunity protection from any injuries or damages resulting from the use of the AED during emergency care or treatment.
 AB 254
2005  Amends Section 1797.196 of the Health and Safety Code, relating to emergency medical services.
SB 962
2005 Requires the licensee of an Adult Residential Facility for Persons with Special Health Care Needs (ARFPSHN) to report to the department's Community Care Licensing Division, within the department's next working day and to the regional center with whom the ARFPSHN contracts, and the State Department of Developmental Services, within 24 hours upon the occurrence of the use of an automated external defibrillator.
 ACR 57 2005
A resolution urging all public schools with students enrolled in grades K - 12 to implement an automated external defibrillator program.
 AB 2041  2003 Revises Good Samaritan protection for the use of an AED by removing the requirement that all persons using an AED to administer emergency care be certified in its use and having had completed a basic CPR or AED course. This act also provides immunity from civil liability if injuries occur during the emergency medical treatment by a person who renders the care in good faith and not for compensation.
 AB 1145  2003 This bill calls for the Department of General Services to apply for federal funds in order to purchase AEDs and place them in all state-owned and leased buildings, and to ensure that specific training requirements on their use be implemented.
SB 911   1999 This act provides Good Samaritan protection and requirements for AED placement within state-owned and leased buildings.


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