AMENDED IN SENIOR SENATE OCTOBER 26, 2010

SENIOR SENATE PROPOSAL NO. 12

INTRODUCED BY SENIOR SENATOR KIM-SELBY

LEGISLATIVE COUNSEL'S DIGEST

SP 12: EMERGENCY CARE: AUTOMATIC EXTERNAL DEFIBRILLATORS

UNDER EXISTING LAW, UNTIL JANUARY 1, 2013, A PERSON OR ENTITY THAT ACQUIRES AN AUTOMATIC EXTERNAL DEFIBRILLATORS (AED) IS NOT LIABLE FOR ANY CIVIL DAMAGES RESULTING FROM ANY ACTS OR OMISSIONS IN THE RENDERING OF EMERGENCY CARE IF THE PERSON OR ENTITY SATISFY SPECIFIED CRITERIA REGARDING THE CONDITION OF THE AED, RECEIPT OF APPROPRIATE TRAINING BY EMPLOYEES, DEVELOPMENT OF A WRITTEN PLAN REGARDING USE OF THE AED, AND NOTIFICATION REGARDING THE LOCATION OF THE AED WITHIN A BUILDING OR SCHOOL FACILITY.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD PROVIDE FOR THE ADOPTION OF A UNIVERSAL AED SYMBOL AND A PROGRAM OF PUBLIC EDUCATION REGARDING THE SYMBOL AND REQUIRE THE OWNER OR ADMINISTRATOR OF A PUBLIC OR PRIVATE BUILDING OR ATHLETIC FACILITY TO DISPLAY A UNIVERSAL AED SYMBOL OUTSIDE OF THE BUILDING OR FACILITY IF AN AED IS LOCATED IN THE BUILDING OR FACILITY.

VOTE: MAJORITY.

SP 12: RELATING TO PUBLIC HEALTH

WHEREAS, UNDER EXISTING LAW, IMMUNITY FROM CIVIL LIABILITY IS PROVIDED TO ANY PERSON WHO COMPLETES A BASIC CARDIOPULMONARY RESUSCITATION (CPR) OR AUTOMATIC EXTERNAL DEFIBRILLATOR (AED) COURSE THAT COMPLIES WITH REGULATIONS ADOPTED BY THE EMERGENCY MEDICAL SERVICES (EMS) AUTHORITY; AND

WHEREAS, SUDDEN CARDIAC ARREST (SCA) CLAIMS APPROXIMATELY 325,000 LIVES IN THE UNITED STATES EACH YEAR. THE MOST COMMON CAUSE OF SCA IS VENTRICULAR FIBRILLATION WHEN THE HEART’S ELECTRICAL IMPULSES BECOME IRREGULAR AND THE HEART IS UNABLE TO PUMP OXYGEN-RICH BLOOD THROUGHOUT 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 A CARDIAC ARREST, EACH MINUTE THAT PASSES BEFORE RETURNING THE HEART TO A NORMAL RHYTHM DECREASES THE CHANCE OF SURVIVAL BY 10 PERCENT; AND

WHEREAS, COMMUNITIES THAT HAVE IMPLEMENTED PROGRAMS ENSURING WIDESPREAD PUBLIC ACCESS TO DEFIBRILLATION COMBINED WITH TRAINING, MAINTENANCE, AND COORDINATION WITH LOCAL EMS AGENCIES HAVE DRAMATICALLY IMPROVED THE SURVIVAL RATES FROM CARDIAC ARREST; AND

WHEREAS, A UNIVERSAL SYMBOL INDICATING THE PRESENCE OF AN AED SHOULD BE POSTED OUTSIDE BUILDING ENTRANCES IN AN AREA THAT IS VISII3LE TO THE PUBLIC RATHER THAN BEING POSTED ONLY IN THE IMMEDIATE VICINITY OF THE AREA 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 WITH A DISABILITY RECOGNIZES THE WHEELCHAIR SYMBOL; AND

WHEREAS, ANNOUNCEMENTS BY PUBLIC EDUCATIONAL AGENCIES AND OTHER FORMS OF MEDIA DISCLOSURES WILL DEVELOP PUBLIC RECOGNITION OF THE UNIVERSAL AED SYMBOL THAT WOULD BE DISPLAYED OUTSIDE OF PUBLIC AND PRIVATE BUILDINGS; 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 2010 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT A UNIVERSAL AED SYMBOL BE ADOPTED AND A PROGRAM OF PUBLIC EDUCATION BE CONDUCTED REGARDING THE SYMBOL AND THAT THE OWNER OR ADMINISTRATOR OF A PUBLIC OR PRIVATE BUILDING OR ATHLETIC FACILITY BE REQUIRED TO DISPLAY A UNIVERSAL AED SYMBOL OUTSIDE OF THE BUILDING OR FACILITY IF AN AED IS LOCATED IN 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 PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN 10 13672

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