AMENDED IN SENIOR SENATE OCTOBER 30, 2012
SENIOR SENATE PROPOSAL NO. 20
INTRODUCED BY SENIOR SENATOR KIM-SELBY
(COAUTHORS: SENIOR ASSEMBLY MEMBERS KROHN AND RICHARDS)
LEGISLATIVE COUNSEL'S DIGEST
SP 20: AUTOMATIC EXTERNAL DEFIBRILLATORS: SIGNAGE
UNDER EXISTING LAW, ANY PERSON USING AN AUTOMATIC EXTERNAL DEFIBRILLATOR (AED) IN GOOD FAITH AND WITHOUT COMPENSATION TO RENDER EMERGENCY CARE IS IMMUNE FROM CIVIL LIABILITY FOR ANY ACTS OR OMISSIONS THAT MAY OCCUR WHILE RENDERING THE CARE. ANY PERSON OR ENTITY THAT ACQUIRES AN AED IS ALSO IMMUNE FROM CIVIL LIABILITY IF THAT PERSON OR ENTITY TAKES CERTAIN ACTIONS TO PREPARE FOR THE USE OF THE AED, INCLUDING REQUIRING THAT AT LEAST ONE EMPLOYEE PER AED UNIT COMPLETE A TRAINING COURSE IN CARDIOPULMONARY RESUSCITATION AND AN AED COURSE THAT COMPLIES WITH EMERGENCY MEDICAL SERVICES AUTHORITY REGULATIONS AND THE STANDARDS ADOPTED BY THE AMERICAN HEART ASSOCIATION OR THE AMERICAN RED CROSS.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THE DEVELOPMENT OF A UNIVERSAL AED SYMBOL AND A PUBLIC EDUCATION PROGRAM PUBLICIZING THE SYMBOL, AND WOULD REQUIRE THAT THE SYMBOL BE DISPLAYED OUTSIDE OF A PUBLIC OR PRIVATE BUILDING OR ATHLETIC FACILITY AT THE EXPENSE OF THE OWNER OR ADMINISTRATOR IF AN AED IS LOCATED WITHIN THAT BUILDING OR FACILITY.
VOTE: MAJORITY.
SP 20: RELATING TO AUTOMATIC EXTERNAL DIFIBRILLATORS: SIGNAGE
WHEREAS, UNDER EXISTING LAW, ANY PERSON USING AN AUTOMATIC EXTERNAL DEFIBRILLATOR (AED) IN GOOD FAITH AND WITHOUT COMPENSATION TO RENDER EMERGENCY CARE IS IMMUNE FROM CIVIL LIABILITY FOR ANY ACTS OR OMISSIONS THAT MAY OCCUR WHILE RENDERING THE CARE. ANY PERSON OR ENTITY THAT ACQUIRES AN AED IS ALSO IMMUNE FROM CIVIL LIABILITY IF THAT PERSON OR ENTITY TAKES CERTAIN ACTIONS TO PREPARE FOR THE USE OF THE AED, INCLUDING REQUIRING THAT AT LEAST ONE EMPLOYEE PER AED UNIT COMPLETE A TRAINING COURSE IN CARDIOPULMONARY RESUSCITATION AND AN AED COURSE THAT COMPLIES WITH EMERGENCY MEDICAL SERVICES (EMS) AUTHORITY REGULATIONS AND THE STANDARDS ADOPTED BY THE AMERICAN HEART ASSOCIATION OR THE AMERICAN RED CROSS; AND
WHEREAS, SUDDEN CARDIAC ARREST (SCA) CLAIMS APPROXIMATELY 325,000 LIVES IN THE UNITED STATES EACH YEAR. SCA IS CAUSED BY VENTRICULAR FIBRILLATION, WHEN THE HEART’S ELECTRICAL SIGNALS BECOME IRREGULAR AND THE HEART IS UNABLE TO PUMP OXYGEN-RICH BLOOD THROUGH THE BODY. SCA IS A MAJOR PUBLIC HEALTH PROBLEM AND A LEADING CAUSE OF DEATH IN THE UNITED STATES. CURRENTLY, A PERSON WHO SUFFERS SCA OUTSIDE OF A HOSPITAL HAS A 6.4 PERCENT CHANCE OF SURVIVAL; AND
WHEREAS, ONCE A VICTIM HAS SUFFERED SCA, EVERY MINUTE THAT PASSES BEFORE RETURNING THE HEART TO A NORMAL RHYTHM DECREASES THE VICTIM’S CHANCE OF SURVIVAL BY 10 PERCENT; AND
WHEREAS, COMMUNITIES THAT HAVE IMPLEMENTED PROGRAMS ENSURING WIDESPREAD PUBLIC ACCESS TO AEDS COMBINED WITH TRAINING, MAINTENANCE, AND COORDINATION WITH LOCAL EMS HAVE DRAMATICALLY IMPROVED SURVIVAL RATES FROM SCA; AND
WHEREAS, A UNIVERSAL SYMBOL INDICATING THE PRESENCE OF AN AED SHOULD BE POSTED OUTSIDE BUILDING ENTRANCES IN AN AREA THAT IS VISIBLE TO THE PUBLIC RATHER THAN BEING POSTED ONLY IN THE IMMEDIATE VICINITY WHERE THE DEVICE IS LOCATED. THE UNIVERSAL AED SYMBOL SHOULD BE SIMILAR TO THE WHEELCHAIR SYMBOL USED FOR DESIGNATING FACILITIES CONTAINING AMENITIES FOR PERSONS WITH DISABILITIES SUCH THAT A PERSON WOULD BE ABLE TO RECOGNIZE THE AED SYMBOL AS READILY AS A PERSON WHO RECOGNIZES THE WHEELCHAIR SYMBOL; AND
WHEREAS, ANNOUNCEMENTS BY PUBLIC EDUCATIONAL AGENCIES AND OTHER FORMS OF MEDIA SHOULD PUBLICLY RECOGNIZE THE UNIVERSAL AED SYMBOL THAT WOULD BE DISPLAYED OUTSIDE OF PUBLIC AND PRIVATE BUILDINGS AND ATHLETIC FACILITIES; NOW, THEREFORE, BE IT
RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2012 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT A UNIVERSAL AED SYMBOL BE DEVELOPED AND A PROGRAM OF PUBLIC EDUCATION BE CONDUCTED TO PUBLICIZE THE SYMBOL; AND BE IT FURTHER
RESOLVED, THAT THE OWNER AND ADMINISTRATOR OF A PUBLIC OR PRIVATE BUILDING OR ATHLETIC FACILITY, AT HIS OR HER EXPENSE, BE REQUIRED TO DISPLAY THE UNIVERSAL AED SYMBOL OUTSIDE OF THE BUILDING OR THE ATHLETIC FACILITY IF AN AED IS LOCATED WITHIN THE BUILDING OR FACILITY; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER
RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
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RN 12 16586