California Enacts New AED Legislation

New Laws Mandate AEDs at Public Swimming Pools, Schools and More

California AED Laws

Legislators across the country appear to have AEDs on their minds, and they continue to develop legislation to ensure that their constituents have access to life-saving technology in public places. In May, Tennessee enacted legislation requiring AEDs in schools and requiring teachers to have AED training. Late last month, California amended existing AED laws and joined Maryland, New Jersey, and Oregon in requiring AEDs at public swimming pools.

AEDs Required at California Swimming Pools

The law, which was signed into law by Governor Jerry Brown on September 6, 2018, is summarized in the official Legislative Counsel’s Digest as follows, “This bill would require those public swimming pools, as defined, that are required to provide lifeguard services and that charge a direct fee to additionally provide an Automated External Defibrillator (AED) during pool operations, as specified. Because the failure to comply with these provisions would be a crime, the bill would create a state-mandated local program. The bill would also require the State Department of Education, in consultation with the State Department of Public Health, to issue best practices guidelines related to pool safety at K–12 schools, as specified.”

Assembly Bill 2009 Requires AEDs at Interscholastic Athletic Programs

Joining 17 other states that have enacted some form of AED legislation pertaining to schools, California now requires school districts’ public and charter schools that offer interscholastic athletic programs to:

  • Put an emergency action plan in place addressing, among other things, sudden cardiac arrest emergencies.
  • Acquire at least one AED for each public or charter school in the district (effective July 1, 2019) to be available on campus.
  • Encourage that AEDs be made available for use within 3-5 minutes of sudden cardiac arrest.
  • Ensure AEDs are made available to athletic trainers and coaches and other authorized individuals at athletic programs, on-campus activities, and events.
  • Ensure AEDs are properly inspected and maintained.

 

Fatal Heart Attack on Metrolink Prompts Changes to AED Laws

In August 2017, a man collapsed and died on an LA-bound Metrolink train. According to the LA Times, passengers performed CPR and called 911, but without an AED on board, they were unable to provide additional assistance. By the time the train arrived at Union Station, more than 30 minutes after the passenger had collapsed, it was too late.

 

Senate Bill 502, enacted on September 20, now requires public entities operating certain commuter rail systems to have an AED on board each train on or before July  1, 2020. Training of employees on AED use is encouraged, but not required.

New Construction, Renovations, and Tenant-improved Buildings Now Need an AED

Existing California laws mandated the placement of AEDs in certain newly constructed buildings with an occupancy of more than 200. This new addendum now requires “…certain occupied structures that are not owned or operated by any local government entity and are constructed on or after January 1, 2017, to have an automated external defibrillator (AED) on the premises. This bill would apply the AED requirements to certain structures that are constructed prior to January 1, 2017, and subject to subsequent modifications, renovations, or tenant improvements, as specified.”

A Summary of California’s AED Statutes

  • 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.
  • AED registration is required.
  • AEDs should be maintained according to the manufacturer’s specifications.
  • AED should be tested at least biannually and after each use.
  • When an AED is placed in a building, the building owner shall, 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.
  • Instructions for AED use should be posted in 14 point type next to the device.
  • AEDs are required in health studios and fitness centers.
  • AEDs are required in assembly buildings with an occupancy of greater than 300; business buildings with an occupancy of 200 or more; educational buildings with an occupancy of 200 or more; factory buildings with an occupancy of 200 or more; institutional buildings with an occupancy of 200 or more; mercantile buildings with an occupancy of 200 or more; residential buildings with an occupancy of 200 or more, excluding single-family and multifamily dwelling units.
  • 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, then instruction in performing compression-only cardiopulmonary resuscitation (CPR) should be included in the course.
  • AEDs are required at public swimming pools.
  • Public and charter schools with interscholastic athletic programs must have AEDs.
  • Certain commuter trains must have AEDs (effective July 2020).

 

We’ll do our best to keep you up-to-date on the latest AED legislation. Subscribe to our blog for the latest AED news and updates. For more information about AED laws, call the team at Cardio Partners and AED.com at 866-349-4362 or email us at customerservice@cardiopartners.com.

 

Please note: The information included in this post and on our website is not intended as legal advice. As legislation changes often, this post may inadvertently contain inaccurate or incomplete information. We urge you to contact your state representative should you require more information about current AED laws in your state.

 

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