CALIFORNIA AED Use and Ownership Laws
Scroll down for the State or Cal. Liability Release Statutes
Training - Must consist of CPR & AED use and comply with
regulations of EMS, and AHA/ARC standards.
Employers - For 1-5 units one
employee per unit must be trained, then 1 employee for each 5 units beginning
with the first purchase. Trained employees must be available during normal
business hours.
Building Owners - AED management plan must be written,
tenants annually receive instructional use brochure and location of
AEDs.
Prescription - Required per federal laws.
Medical Oversight -
Involvement of a licensed physician in program development and compliance with
regulations and training requirements will be required effective
01/01/2008.
Device Maintenance/Testing - Per manufacturer's recommendations,
AHA, ARC, FDA or any state/federal authority. Device must be tested for
readiness after each use and every 30 days if not used. Records of checks must
be maintained.
Event Tracking/Reporting - Upon use the EMS system must be
activated ASAP and reported to a licensed physician.
Notification
Requirements - Location and type of device must be reported to local EMS by any
person or entity that supplies an AED.
Good Samaritan Protection - Immune
from civil liability for any person or entity who acquirers or uses an AED in an
emergency and complies with all regulations for testing, training, maintenance
and notification.
Supplier or Manufacturer - Location and type of device must
be reported to local EMS by any person or entity that supplies an AED. Must
provide to acquirer all info on use, installation, operation, training, and AED
maintenance. Immunity from civil liability does not extend to supplier,
manufacturer, distributor, installer, developer or designer.
State Buildings
- Department of General Services with EMS, AHA, ARC shall develop and adopt
policies and procedures for placement and use of AEDs in state buildings and
ensure training is consistent with 1797.196 of the Health & Safety Code.
Effective immediately on passage of AB1145 (01/21/04).
Note - On January
1, 2008 all regulations will apply to individuals or any person who acquires an
AED.
AB 1507 Requires health studios to acquire AEDs and provides
immunity for providing the devices, and establishes standards for maintenance
and staff training.
SB 911 Provides immunity from civil liability for
AED use; specifies requirements of ownership, training and maintenance.
AB 2041 Changed training requirements; expanded EMS authority in
establishing standards for training and use.
AB 1145 AEDs in state
buildings; application for federal funds; regulations for placement and
use.
Code/Statutes
1714.21 CA Civil Code regarding liability.
1797.196 CA Health & Safety Code regarding standards for training
and use of AEDs.
Reprinted with rights from www.AED.com
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