AED Legal Analysis for California
Summary
Good Samaritan protection is extended to gratuitous good faith rescuers; this immunity also extends to AED trainers and physicians who are involved with the selection, placement, or installation of an AED. No immunity applies, however, in cases of gross negligence or willful or wanton misconduct.
A person or entity that acquires an AED is not liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED, if that person or entity has complied with the below requirements.
A person or entity that acquires an AED must do all of the following: (A) comply with all regulations governing the placement of an AED; (B) notify an agent of the local EMS agency of the existence, location, and type of AED acquired; (C) ensure that the AED is maintained and tested according to the operation and maintenance guidelines set forth by the manufacturer; (D) ensure that the AED is tested at least biannually and after each use; (E) ensure that an inspection is made of all AEDs on the premises at least every 90 days for potential issues related to operability of the device; (F) ensure that records of the required maintenance and testing are maintained.
Additionally, when an AED is placed in a building, building owners shall do all of the following: (A) at least once a year, notify the tenants as to the location of the AED units and provide information to tenants about who they can contact if they want to voluntarily take AED or CPR training; (B) at least once a year, offer a demonstration to at least one person associated with the building so that the person can be walked through how to use an AED properly in an emergency; (C) next to the AED, post instructions, in no less than 14-point type, on how to use the AED.
AEDs are required in health clubs and certain high-occupancy buildings constructed after January 1, 2017.
AEDs required in existing buildings that are modified, renovated, or tenant improved
AEDs are required on commuter rail trains.
AEDs are required at all public swimming pools and must be properly maintained and inspected.
AEDs must be provided to all athletic trainers and coaches at athletic or campus events, place the AED within 3-5 minutes of an emergency, require at least one AED per public school, and must be properly maintained, and enact an emergency action plan with provisions for sudden cardiac arrest.
A person or entity that acquires an AED is not liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED, if that person or entity has complied with the below requirements.
A person or entity that acquires an AED must do all of the following: (A) comply with all regulations governing the placement of an AED; (B) notify an agent of the local EMS agency of the existence, location, and type of AED acquired; (C) ensure that the AED is maintained and tested according to the operation and maintenance guidelines set forth by the manufacturer; (D) ensure that the AED is tested at least biannually and after each use; (E) ensure that an inspection is made of all AEDs on the premises at least every 90 days for potential issues related to operability of the device; (F) ensure that records of the required maintenance and testing are maintained.
Additionally, when an AED is placed in a building, building owners shall do all of the following: (A) at least once a year, notify the tenants as to the location of the AED units and provide information to tenants about who they can contact if they want to voluntarily take AED or CPR training; (B) at least once a year, offer a demonstration to at least one person associated with the building so that the person can be walked through how to use an AED properly in an emergency; (C) next to the AED, post instructions, in no less than 14-point type, on how to use the AED.
AEDs are required in health clubs and certain high-occupancy buildings constructed after January 1, 2017.
AEDs required in existing buildings that are modified, renovated, or tenant improved
AEDs are required on commuter rail trains.
AEDs are required at all public swimming pools and must be properly maintained and inspected.
AEDs must be provided to all athletic trainers and coaches at athletic or campus events, place the AED within 3-5 minutes of an emergency, require at least one AED per public school, and must be properly maintained, and enact an emergency action plan with provisions for sudden cardiac arrest.
Related Laws
| Statute | Law Type | Effective Date | Abstract |
|---|---|---|---|
| SB 1397 | Other requirements | 2018-09-30 | California previously passed a law requiring that AEDs be placed in certain newly constructed buildings. This new law adds an AED placement requirement for certain existing buildings that are modified, renovated or tenant improved. |
| AB 2009 | Other requirements | 2018-09-21 | Amendment to the California Education Code and requires school district’s and charter schools electing to offer any interscholastic athletic program to: Adopt an emergency action plan including sudden cardiac arrest response, acquire at least one AED per school with placement being from 3 - 5 minutes of a sudden cardiac arrest emergency, have AEDs available for trainers and coaches at athletic events and campus activities, properly maintain and inspect school AEDs. |
| SB 502 | Other requirements | 2018-09-20 | This law adds a new section to the California Public Utilities Code and requires certain public entities operating certain commuter rail systems to ensure each train has an AED (on or before July 1, 2020). Training of employees on AED use is encouraged but not required. |
| AB 1766 | Other Requirements | 2018-09-06 | Amendment to state swimming pool safety law requires AEDs at all public swimming pools. Public pools placing AEDs must comply with the administrative and operational requirements described in the state’s AED laws. The new law offers immunity protection to public swimming pools and rescuers that use AEDs. |
| Cal.Civ.Code § 1714.21 | Good Samaritan | 2018-02-14 | The law limits civil liability under certain circumstances of use, or an attempted use, of an AED. Any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an AED at the scene of an emergency is not liable for any civil damages resulting from any acts or omissions in rendering the emergency care; A person or entity that acquires an AED for emergency use pursuant to this section is not liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED, if that person or entity has complied with subdivision (b) of Section 1797.196 of the Health and Safety Code. (Updated Jan. 12, 2016 based on new changes to law effective Jan. 1, 2016). |
| Cal. Health & Safety Code 19300 | New Construction Requirements | 2018-02-14 | (a) This chapter applies to all of the following structures, as defined in Chapter 3 (commencing with Section 301.1) of Part 2, the California Building Code, of Title 24, the California Building Standards Code, of the California Code of Regulations, that are constructed on or after January 1, 2017: (1) Group A assembly buildings with an occupancy of greater than 300. (2) Group B business buildings with an occupancy of 200 or more. (3) Group E educational buildings with an occupancy of 200 or more. (4) Group F factory buildings with an occupancy of 200 or more. (5) Group I institutional buildings with an occupancy of 200 or more. (6) Group M mercantile buildings with an occupancy of 200 or more. (7) Group R residential buildings with an occupancy of 200 or more, excluding single-family and multifamily dwelling units. (b) A structure described in subdivision (a) that is an occupied structure shall have an automated external defibrillator (AED) on the premises subject to the requirements in Section 1797.196. A person or entity that acquires an AED for emergency care pursuant to this section shall not be liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED if that person or entity has complied with subdivision (b) of Section 1797.196. (c) (1) This chapter shall not apply to a structure in subdivision (a) that is owned or operated by any local government entity. (2) This chapter shall not apply to a health facility licensed under subdivision (a), (b), (c), or (f) of Section 1250 of the Health and Safety Code. (d) This chapter shall not be construed to apply to a structure that is vacant or under construction or renovation. |
| Cal Education Code 49417 | Good Samaritan for Educational Facilities | 2018-02-14 | (a)A public school may solicit and receive nonstate funds to acquire and maintain an automated external defibrillator (AED). These funds shall only be used to acquire and maintain an AED and to provide training to school employees regarding use of an AED. (b) Except as provided in subdivision (d), if an employee of a school district complies with Section 1714.21 of the Civil Code in rendering emergency care or treatment through the use, attempted use, or nonuse of an AED at the scene of an emergency, the employee shall not be liable for any civil damages resulting from any act or omission in the rendering of the emergency care or treatment. (c) Except as provided in subdivision (d), if a public school or school district complies with the requirements of Section 1797.196 of the Health and Safety Code, the public school or school district shall be covered by Section 1714.21 of the Civil Code and shall not be liable for any civil damages resulting from any act or omission in the rendering of the emergency care or treatment. (d) Subdivisions (b) and (c) do not apply in the case of personal injury or wrongful death that results from gross negligence or willful or wanton misconduct on the part of the person who uses, attempts to use, or maliciously fails to use an AED to render emergency care or treatment. (e) This section does not alter the requirements of Section 1797.196 of the Health and Safety Code. |
| Cal Education Code 51225.6 | Training Requirements | 2018-02-14 | (a) If the governing board of a school district or the governing body of a charter school requires a course in health education for graduation from high school, the governing board of a school district or the governing body of a charter school shall include, commencing with the 2018-19 school year, instruction in performing compression-only cardiopulmonary resuscitation (CPR). This instruction shall include both of the following: (1) An instructional program based on national evidence-based emergency cardiovascular care guidelines for the performance of compression-only CPR, such as those developed by the American Heart Association or the American Red Cross. (2) Instruction to pupils relative to the psychomotor skills necessary to perform compression-only CPR. For purposes of this paragraph, "psychomotor skills" means skills that pupils are required to perform as hands-on practice to support cognitive learning. (b) Before the commencement of the 2017-18 school year, the department shall provide guidance on how to implement this section, including, but not limited to, who may provide instruction pursuant to this section. (c) The governing board of a school district or the governing body of a charter school is encouraged to provide to pupils general information on the use and importance of an automated external defibrillator (AED). The physical presence of an AED in the classroom is not required. (d) The governing board of a school district or the governing body of a charter school may adopt policies to implement this section. (e) (1) The governing board of a school district or the governing body of a charter school providing instruction in performing compression-only CPR or information on the use of an AED pursuant to this section is encouraged to use the most cost-effective means possible to implement that requirement. (2) This section shall not be construed to require the governing board of a school district or the governing body of a charter school to make any purchases, including, but not limited to, purchasing an AED. (f) (1) A local agency, entity of state or local government, or other public or private organization that sponsors, authorizes, supports, finances, or supervises the instruction of pupils in compression-only CPR or the use of an AED pursuant to this section shall not be liable for any civil damages alleged to result from the acts or omissions of an individual who received such instruction. (2) A public employee who provides or facilitates the instruction of pupils in compression-only CPR or the use of an AED pursuant to this section shall not be liable for any civil damages alleged to result from the acts or omissions of an individual who received such instruction. (3) This subdivision shall not be construed to grant immunity from civil damages to any person who provides or facilitates the instruction of pupils in compression-only CPR or the use of an AED in a manner that constitutes gross negligence or willful or wanton misconduct. |
| Cal. Health & Safety Code § 104113 | Mandate | The law requires AEDs in health studios. | |
| Cal.Health & Safety Code § 1797.196 | Registration Requirement; Other Requirements | A person or entity that acquires an AED must do all of the following: (A) Comply with all regulations governing the placement of an AED. (B) Notify an agent of the local EMS agency of the existence, location, and type of AED acquired. (C) Ensure that the AED is maintained and tested according to the operation and maintenance guidelines set forth by the manufacturer. (D) Ensure that the AED is tested at least biannually and after each use. (E) Ensure that an inspection is made of all AEDs on the premises at least every 90 days for potential issues related to operability of the device, including a blinking light or other obvious defect that may suggest tampering or that another problem has arisen with the functionality of the AED. (F) Ensure that records of the maintenance and testing required pursuant to this paragraph are maintained. When an AED is placed in a building, building owners shall do all of the following: (A) At least once a year, notify the tenants as to the location of the AED units and provide information to tenants about who they can contact if they want to voluntarily take AED or CPR training. (B) At least once a year, offer a demonstration to at least one person associated with the building so that the person can be walked through how to use an AED properly in an emergency. The building owner may arrange for the demonstration or partner with a nonprofit organization to do so. (C) Next to the AED, post instructions, in no less than 14-point type, on how to use the AED. (Updated Jan. 12, 2016 based on new changes to law effective Jan. 1, 2016) |
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.