AB 1507 - Automatic External Defibrillators

Feldsott & Lee
A Law Corporation

Assembly Bill 1507 (“AB1507”) was signed by the Governor on September 30, 2005 to add §104113 to the Health and Safety Code. AB 1507 is effective July 1, 2007 and has a sunset provision after five years. Said amendment requires every “health studio” to acquire an Automatic External Defibrillator (“AED”), and establishes standards for the devices, including their maintenance and staff training regarding their proper use.

At first glance, this bill appears to lack applicability to common interest developments. However, the bill’s definition of “health studio” is ambiguous. AB 1507 defines a “health studio” as “any facility permitting the use of its facilities and equipment or access to its facilities and equipment, to individuals or groups for physical exercise, body building, reducing, figure development, fitness training, or any other similar purpose, on a membership basis. ‘Health studio’ does not include any hotel or similar business that offers fitness facilities to its registered guests for a fee or as part of the hotel charges.”

It is unclear from the above definition of “health studio” if many of the fitness and recreational facilities (i.e. weight rooms, tennis courts, swimming pools, sports complexes, etc.) maintained by common interest developments qualify. These common interest developments are permitting the use of their equipment or facilities by individuals or groups for the purpose of physical exercise. However, are they doing it on a membership basis? While many of these facilities are open to anyone within the association or their guests, one must be a member of the association. Does this qualify as a membership? Members pay assessments, some of which are allocated for the maintenance of these facilities. Does this constitute a membership fee? It is also possible that these facilities could be looked upon as a business similar to that of a hotel, offering fitness facilities to those members of the association as part of their assessment fees, much as a hotel offers its fitness facilities to guests as part of its hotel charges. In this case, a common interest development would not have to comply with AB 1507. A third possibility is that the facilities may be viewed as owned through a form of joint ownership by every member of the association, and therefore considered private facilities not falling under the “health studio” definition. As it is unclear what the legislature intended, associations should, in an abundance of caution, consider compliance with the rules and regulations promulgated by this bill.

Under AB1507, every health studio shall acquire an AED by July 1, 2007. Commencing on the same date, these AEDs must be maintained and personnel must be trained in their use. An employee of a health studio who renders emergency care or treatment is not liable for civil damages resulting from the use, attempted use, or nonuse of the AED, except in the case of personal injury or wrongful death resulting from gross negligence or willful or wanton misconduct. This is also true of the owners, managers, other employees, or otherwise responsible authorities of the facility.

Health studios must comply with the regulations concerning the placement of AEDs, and ensure the following:

a. An AED is maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, American Heart Association, American Red Cross, and according to any applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority

b. An AED is checked for readiness after each use and at least once every thirty (30) days if the AED has not been used in the preceding thirty (30) days. Records of these checks shall be maintained.

c. Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED activates the emergency medical services system as soon as possible, and reports any use of the AED to the licensed physician and to the local EMS agency.

d. For every AED unit acquired, up to five (5) units, no less than one employee per AED shall complete a training course in CPR and AED use that complies with the regulations adopted by the Emergency Medical Services Authority and the standards of the American Heart Association or the American Red Cross. After the first five (5) AED units are acquired, for each additional five (5) units acquired, a minimum of one (1) employee shall be trained beginning with the first additional AED unit acquired. Acquirers of AED units shall have trained employees who should be available to respond to an emergency that may involve the use of an AED unit during normal operating hours. Acquirers of AED units may need to train additional employees to assure that a trained employee is available at all times.

e. There is a written plan that exists that describes the procedures to be followed in the event of an emergency that may involve the use of an AED, to ensure compliance with the requirements above. The written plan shall include, but not be limited to, immediate notification of 911 and trained office personnel at the start of AED procedures.

Again, because it is unclear whether AB 1507 encompasses common interest developments, associations should be aware of the terms of AB 1507 and consider obtaining an Automatic External Defibrillator before July 1, 2007 if the bill is not clarified.