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California AED Bill
Defibrillator: Acquisition and Liability
Existing law provides immunity from civil liability to any persons
who, in good faith and without compensation or the expectation of
compensation, renders emergency care at the scene of an emergency.
Existing law expressly provides immunity from civil liability to any
person who completes a designated cardiopulmonary resuscitation (CPR)
course and who, in good faith, renders emergency cardiopulmonary
resuscitation at the scene of an emergency, without the expectation
of receiving compensation for providing the emergency care.
This bill would provide immunity from civil liability to (1) any
person who, in good faith and not for compensation renders emergency
care or treatment by the use of an automated external defibrillator
at the scene of an emergency, has completed a basic CPR and automated
external defibrillator (AED) use course that complies with
regulations adopted by the Emergency Medical Services (EMS) Authority
and the standards of the American Heart Association or the American
Red Cross for CPR and AED use, (2) a person or entity who provides
CPR and AED training to a person who renders emergency care pursuant
to (1), and (3) a physician who is involved with the placement of an
AED and any person or entity responsible for the site where an AED is
located if that physician, medical authority, person, or entity has
complied with certain requirements. The bill would provide that its
protections shall not apply in the case of personal injury or
wrongful death that results from the gross negligence or willful or
wanton misconduct of the person who renders emergency care or
treatment by the use of an AED.
Existing law, the Emergency Medical Services System and the
Prehospital Emergency Medical Care Personnel Act, authorizes the
Emergency Services Authority to establish minimum standards for the
training and use of automatic external defibrillators by individuals
not otherwise licensed or certified for the use of the device.
This bill would require any person who acquires an automatic external defibrillator to comply with specified requirements in the bill.