AMENDED IN SENIOR ASSRMBLY OCTOBER 26, 2011

AMENDED IN SENIOR SENATE OCTOBER 25, 2011

 

SENIOR SENATE PROPOSAL NO. 4

INTRODUCED BY SENIOR SENATOR KIM-SELBY

(COAUTHORS: SENIOR SENATOR SMITH)

 

LEGISLATIVE COUNSEL'S DIGEST

SP 4: AUTOMATIC EXTERNAL DEFIBRILLATOR: SIGNAGE.

UNDER EXISTING LAW, UNTIL JULY 1, 2012, HEALTH STUDIOS, AS DEFINED, ARE REQUIRED TO ACQUIRE AN AUTOMATIC EXTERNAL DEFIBRILLATOR AND MAINTAIN AND TRAIN PERSONNEL IN THE USE OF AN AUTOMATIC EXTERNAL DEFIBRILLATOR. EXISTING LAW, BEGINNING JANUARY 1, 2013, ALSO REQUIRES ANY PERSON WHO ACQUIRES AN AUTOMATIC EXTERNAL DEFIBRILLATOR TO COMPLY WITH ALL REGULATIONS GOVERNING THE TRAINING, USE, AND PLACEMENT OF AN AUTOMATIC EXTERNAL DEFIBRILLATOR, NOTIFY AN AGENT OF THE LOCAL EMERGENCY MEDICAL SERVICES AGENCY OF THE EXISTENCE AND LOCATION OF THE AUTOMATIC EXTERNAL DEFIBRILLATOR, AND MAINTAIN THE AUTOMATIC EXTERNAL DEFIBRILLATOR, AS SPECIFIED. EXISTING LAW ALSO PROVIDES PROTECTION FROM CIVIL LIABILITY FOR ANY PERSON WHO, IN GOOD FAITH AND NOT FOR COMPENSATION, RENDERS EMERGENCY CARE OR TREATMENT BY THE USE OF AN AUTOMATIC EXTERNAL DEFIBRILLATOR, OR FOR ANY PERSON WHO HAS COMPLETED A BASIC CARDIOPULMONARY RESUSCITATION COURSE, AND WHO, IN GOOD FAITH, RENDERS EMERGENCY CARDIOPULMONARY RESUSCITATION, AS SPECIFIED.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD PROVIDE FOR THE DEVELOPMENT OF A UNIVERSAL SYMBOL FOR AUTOMATIC EXTERNAL DEFIBILLATORS, AND A PROGRAM OF PUBLIC EDUCATION REGARDING THE SYMBOL, AND TO REQUIRE THAT THE SYMBOL BE DISPLAYED OUTSIDE OF A PUBLIC OR PRIVATE BUILDING OR ATHLETIC FACILITY IF AN AUTOMATIC EXTERNAL DEFIBILLATOR IS LOCATED WITHIN THAT BUILDING OR FACILITY.

VOTE: MAJORITY.

 

SP 4: RELATING TO AUTOMATIC EXTERNAL DEFIBRILLATOR SIGNAGE

WHEREAS, UNDER EXISTING LAW, IMMUNITY FROM CIVIL LIABILITY FROM ANY ACTS OR OMISSIONS IN THE RENDERING OF EMERGENCY CARE IS PROVIDED TO ANY PERSON WHO TAKES CERTAIN ACTIONS TO MAINTAIN AND PREPARE FOR THE USE OF AN AUTOMATIC EXTERNAL DEFIBRILLATOR DEVICE, INCLUDING COMPLETING A BASIC CARDIOPULMONARY RESUSCITATION (CPR) OR AUTOMATIC EXTERNAL DEFIBRILLATOR COURSE (AED) THAT COMPLIES WITH REGULATIONS ADOPTED BY THE EMERGENCY MEDICAL SERVICES AUTHORITY (EMS) AND THE STANDARDS ADOPTED BY THE AMERICAN HEART ASSOCIATION OR THE AMERICAN RED CROSS FOR CARDIOPULMONARY RESUSCITATION AND EMERGENCY CARDIAC CARE; AND

WHEREAS, SUDDEN CARDIAC ARREST (SCA) CLAIMS APPROXIMATELY 325,000 LIVES IN THE UNITED STATES EACH YEAR. THE 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 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 A CARDIAC ARREST, EVERY 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 INSURING WIDESPREAD PUBLIC ACCESS TO DEFIBRILLATION COMBINED WITH TRAINING, MAINTENANCE, AND COORDINATION WITH LOCAL EMERGENCY MEDICAL SERVICES 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 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 WITH A DISABILITY RECOGNIZES THE WHEELCHAIR SYMBOL; AND

WHEREAS, ANNOUNCEMENTS BY PUBLIC EDUCATIONAL AGENCIES AND OTHER FORMS OF MEDIA WILL ADOPT PUBLIC RECOGNITION FO THE UNIVERSAL AUTOMATIC EXTERNAL DEFIBRILLATOR SYMBOL THAT WOULD BE DISPLAYED OUTSIDE OF PUBLIC AND PRIVATE BUILDINGS AND ATHLETIC FACILITIES; AND 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 2011 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 REGARDING THE SYMBOL; AND BE IT FURTHER

RESOLVED, THAT THE OWNER AND ADMINISTOR OF A PUBLIC OR PRIVATE BUILDING OR ATHLETIC FACILITY BE REQUIRED TO DISPLAY A UNIVERSAL AED SYMBOL OUTSIDE OF THE BUILDING OR THE ATHLETIC 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.

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RN 11 18370