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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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