AED Legal Analysis for California

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Summary

Owning an Automated External Defibrillator (AED) unit in California can be a challenging task. Previous laws mandate owners must have a California-licensed physician oversee their AED program and approve the policies and procedures governing the AED's use. Moreover, they must provide CPR/AED training, register the AED unit with the local EMS agency, and keep and maintain 30-day AED unit Readiness checks.
Laws enacted September 2015 removed physician oversight and training requirements, however the laws from the previous legislature were not removed, and still remain in place. Until these conflicting regulations are determined one way or the other, it is recommended to err on the side of caution when designing and implementing AED programs. Good Samaritan protection may depend on compliance with some or all of these laws.
California also has AED unit requirements for select facilities. For instance, in 2007, with AB 1507, California imposed a mandate requiring AED units in health clubs (gyms/fitness clubs).
SB287 mandates an AED in any new construction building where occupancy will be 200 people or more. Law takes effect 1/1/2017.
SB 658 removes physician requirement for placement of AED.
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB658

Bills

Statute Law Type Effective Date Abstract
Automated external defibrillator programs. Relative to automated external defibrillator programs. This measure would urge all California public schools maintaining kindergarten or any of grades 1 to 12, inclusive, to implement an automated external defibrillator program.
Emergency Medical Services Week. Relative to emergency medical services. This measure would declare the week of May 17 to 23, 2009, to be Emergency Medical Services Week in California in recognition of all persons engaged in emergency medical services activities and would encourage all Californians to observe this week with appropriate programs, ceremonies, and activities. Fiscal committee: no.
Emergency medical services: automatic external An act to amend Section 1797.196 of the Health and Safety Code, relating to emergency medical services. Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, permits each county to establish an emergency medical services program under which the county is required to designate a local emergency medical services agency (EMS agency). The act authorizes the local EMS agency to implement a trauma care system if the system meets the minimum standards set forth in the regulations established by the Emergency Medical Services Authority and the authority has approved a plan. Existing law...
2003-01-01 Liability: emergency care. An act to amend Section 1714.21 of the Civil Code, to amend Section 1797.190 of, and to amend, repeal, and add Section 1797.196 of the Health and Safety Code, relating to liability.
2004-01-01 Maintenance of the codes. An act to amend Sections 853, 855, 1766, 1971, 2154.2, 4409, 4848, 19613, and 19617.5 of, and to add a heading to Article 7.5 (commencing with Section 17582) of Chapter 1 of Part 3 of Division 7 of, the Business and Professions Code, to amend Sections 48, 941, 1102.6, 1102.6b, 1714, 1936, 1946.1, 1954, 2924j, and 2941 of the Civil Code, to amend Sections 17, 170.6, 179, 437c, 1208.5, 1420, and 1607 of the Code of Civil Procedure, to amend Sections 2117 and 25118 of the Corporations Code, to amend Sections 430, 446, 8483, 8499.5, 8813, 17073.25, 20091, 22138.5, 25103, 35401, 35534, 35738, 37220.8, 37252.1, 41329.3, 41344, 42127, 42238.46, 42238.53,...
2004-01-21 State buildings: defibrillators. An act to add Chapter 5.4 (commencing with Section 8455) to Division 1 of Title 2 of the Government Code, relating to public safety, and declaring the urgency thereof, to take effect immediately.
2006-01-01 Adult Residential Facility for Persons with Special An act to amend Sections 1507.3, 1524, 1538, 1562, 1562.3, and 1562.4 of, to add Section 1538.55 to, and to add and repeal Article 9 (commencing with Section 1567.50) to Chapter 3 of Division 2 of, the Health and Safety Code, and to add and repeal Article 3.5 (commencing with Section 4684.50) to Chapter 6 of Division 4.5 of, the Welfare and Institutions Code, relating to developmental services. Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care and residential facilities by the State Department of Social Services. Under existing law, a violation of any of these...
2006-01-01 Cardiac health: automatic external defibrillators: An act to add Section 104113 to the Health and Safety Code, relating to public health. Existing law establishes the State Department of Health Services and sets forth its powers and duties, including, but not limited to, conducting a program for the control of cardiovascular disease. Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (EMS act), establishes the State Emergency Medical Services Authority to oversee the local implementation of the emergency medical services system. The EMS act permits each county to establish an EMS program and designate a local EMS service agency...
2009-01-01 Dental auxiliaries. An act to amend Sections 1680, 1721.5, 1725, 1741, 1750, 1750.1, 1752.1, 1765, 1771, and 1777 of, to amend and renumber Sections 1753.1, 1754, and 1770 of, to amend, renumber, add, and repeal Sections 1756 and 1757 of, to add Sections 1750.5, 1752.3, 1752.4, and 1753.4 to, to add and repeal Sections 1754.5, 1755, 1756.1, 1756.2, and 1758 of, to repeal Sections 1751.1, 1752, 1752.2, 1752.5, and 1753.5 of, and to repeal and add Sections 1750.2, 1750.3, 1750.4, 1751, 1752.6, and 1753 of, the Business and Professions Code, relating to dentistry. Existing law, the Dental Practice Act, provides for the licensure and regulation of dentists by the Dental Board of...
2009-01-08 Application and Scope: (a) Any training program, AED Service Provider or vendor may authorize a Lay Rescuer to apply and operate an AED on an unconscious person who is not breathing only if that Lay Rescuer has successfully completed a CPR and AED course according to the standards prescribed by this chapter. (b) The training standards prescribed by this chapter shall apply to employees of the AED Service Provider and not to licensed, certified or other prehospital emergency medical care personnel as defined by Section 1797.189 of the Health and Safety Code...
2010-04-08 California State Lottery. An act to amend, repeal, and add Sections 8880.4, 8880.63, and 8880.64 of, and to add and repeal Section 8880.4.5 of, the Government Code, relating to the California State Lottery, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. AB 142, Hayashi. California State Lottery. (1) The California State Lottery Act of 1984, enacted by initiative, authorizes a California State Lottery and provides for its operation and administration by the California State Lottery Commission and the Director of the California State Lottery, with certain limitations. The act requires that not less than 84% of the total annual...
2011-01-01 Automatic external defibrillators: health studios. An act to amend Section 104113 of the Health and Safety Code, relating to automatic external defibrillators. Existing law, until July 1, 2012, requires every health studio, as defined, to acquire an automatic external defibrillator and to meet specified training and maintenance standards relating to that device. Under existing law, when a health studio employee uses an automatic external defibrillator, as specified, the owners, managers, employees, or otherwise responsible authorities of the facility shall not be liable for civil damages resulting from an act or omission in the course of rendering that emergency care or treatment, as...
2014-10-03 Emergency medical services: automatic external An act to amend Section 1797.196 of the Health and Safety Code, relating to emergency medical services. Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, permits each county to establish an emergency medical services program under which the county is required to designate a local emergency medical services agency (EMS agency). The act authorizes the local EMS agency to implement a trauma care system if the system meets the minimum standards set forth in the regulations established by the Emergency Medical Services Authority and the authority has approved a plan. Existing law...

We make every attempt to ensure the accuracy of our research regarding automated external defibrillator (AED) unit laws in each state across the country, however, with laws varying from state-to-state and even on a local basis, as you might imagine, staying abreast of constant changes is a very challenging process. As such, it's important to note that our findings should be used for informational purposes only and that any specific AED laws or AED requirements for your AED program should be developed between you and your legal counsel. If you have any suggestions, information, or tips on new or pending AED unit legislation that you feel might help improve our AED requirement pages, please contact us to let us know! By spreading knowledge about how to build and manage legally compliant AED programs, we hope to improve survival rates from sudden cardiac arrest.