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AB-909 Emergency response: public access trauma kit.(2017-2018)

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Date Published: 02/16/2017 09:00 PM
AB909:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 909


Introduced by Assembly Member Steinorth

February 16, 2017


An act to add Section 1714.27 to the Civil Code, and to add Section 1797.161 to, and to add Chapter 4 (commencing with Section 19310) to Part 3 of Division 13 of, the Health and Safety Code, relating to emergency response.


LEGISLATIVE COUNSEL'S DIGEST


AB 909, as introduced, Steinorth. Emergency response: public access trauma kit.
Under existing law, everyone is generally responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person. Existing law exempts from civil liability any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an automated external defibrillator (AED) at the scene of an emergency, except 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.
This bill would define “trauma PAK” to mean a first aid response kit that contains specified items, including, among other things, at least 2 tourniquets. The bill would require a person or entity that supplies a trauma PAK to notify an agent of the local emergency medical service agency of the existence, location, and contents of the trauma PAK and to provide the acquirer of the trauma PAK with all information governing the use, installation, operation, training, and maintenance of the trauma PAK. The bill would provide an exemption from civil liability for a person who, in good faith and not for compensation, renders emergency care or treatment by the use of a trauma PAK at the scene of an emergency, as specified. The bill would provide an exemption from civil liability for a person or entity that provides first care provider training for the use of a trauma PAK to a person who renders emergency care pursuant to the above provision. The bill would also provide civil immunity for a person or entity that provides active shooter awareness training.
Existing law 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 require the above occupied structures, including those that are owned or operated by a local government entity, and that are constructed on or after January 1, 2018, to have a trauma PAK on the premises. The bill would require a person or entity that supplies a trauma PAK to comply with the above requirements and would exempt a person or entity that acquires a trauma PAK for emergency care from liability for civil damages resulting from any acts or omissions in the rendering of emergency care if certain requirements have been met.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares the following:
(a) On December 2, 2015, a terrorist attack occurred at the Inland Regional Center in the County of San Bernardino in which 14 people were killed and 22 people were injured.
(b) President Obama’s speech from the Oval Office stated that the San Bernardino attack was “an act of terrorism designed to kill innocent people.”
(c) The City of Rancho Cucamonga implemented the principles of the First Care Provider program to build community resiliency and empower citizens to get involved during a disaster by providing the tools, equipment, and knowledge needed to make a difference in preventable death or injuries that occur during terrorist incidents or acts of mass violence.
(d) The successful operation of that program has trained hundreds of employees and thousands of civilians.
(e) There is an obligation to respond to the changing dynamic of emergency care situations by implementing adequate emergency preparation.

SEC. 2.

 This act shall be known and may be cited as the Tactical Response to Terrorism Act.
Tactical Response to Terrorism Act

SEC. 3.

 Section 1714.27 is added to the Civil Code, to read:

1714.27.
 (a) For purposes of this section, “public access trauma kit” or “trauma PAK” means a first aid response kit that contains at least all of the following:
(1) Two tourniquets.
(2) Two pressure dressings that are inspected for replacement no less than every three years.
(3) Four chest seals that are inspected for replacement no less than every three years.
(4) Instructional documents developed by the First Care Provider program or the Committee for Tactical Emergency Casualty Care, or both.
(b) Any person who, in good faith and not for compensation, renders emergency care or treatment by the use of a trauma PAK at the scene of an emergency is not liable for any civil damages resulting from any acts or omissions in rendering the emergency care if the trauma PAK is checked for readiness after each use and at least once a year if it has not been used in the preceding year.
(c) A person or entity that provides first care provider training for the use of a trauma PAK to a person who renders emergency care pursuant to subdivision (b) is not liable for any civil damages resulting from any acts or omissions of the person rendering the emergency care.
(d) A person or entity that provides active shooter awareness training is not liable for any civil damages resulting from any acts or omissions of the person rendering the emergency care.
(e) The protections specified in this section do 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 a trauma PAK.

SEC. 4.

 Section 1797.161 is added to the Health and Safety Code, to read:

1797.161.
 (a) For purposes of this section, “public access trauma kit” or “trauma PAK” means a first aid response kit that contains at least all of the following:
(1) Two tourniquets.
(2) Two pressure dressings that are inspected for replacement no less than every three years.
(3) Four chest seals that are inspected for replacement no less than every three years.
(4) Instructional documents developed by the First Care Provider program or the Committee for Tactical Emergency Casualty Care, or both.
(b) In order to ensure public safety, a person or entity that supplies a trauma PAK shall do all of the following:
(1) Notify an agent of the local EMS agency of the existence, location, and contents of trauma PAK acquired.
(2) Provide the acquirer of the trauma PAK with all information governing the use, installation, operation, training, and maintenance of the trauma PAK.

SEC. 5.

 Chapter 4 (commencing with Section 19310) is added to Part 3 of Division 13 of the Health and Safety Code, to read:
CHAPTER  4. Public Access Trauma Kit

19310.
 (a) This chapter applies to all of the following structures, as defined in Chapter 3 (commencing with Section 301.1) of Part 2, the California Building Code, of Title 24, the California Building Standards Code, of the California Code of Regulations, that are constructed on or after January 1, 2018:
(1) Group A assembly buildings with an occupancy of greater than 300.
(2) Group B business buildings with an occupancy of 200 or more.
(3) Group E educational buildings with an occupancy of 200 or more.
(4) Group F factory buildings with an occupancy of 200 or more.
(5) Group I institutional buildings with an occupancy of 200 or more.
(6) Group M mercantile buildings with an occupancy of 200 or more.
(7) Group R residential buildings with an occupancy of 200 or more, excluding single-family and multifamily dwelling units.
(b) A structure described in subdivision (a) that is an occupied structure shall have a trauma PAK, as defined in subdivision (a) of Section 1797.161, on the premises subject to the requirements in Section 1797.161. A person or entity that acquires a trauma PAK for emergency care pursuant to this section shall not be liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of a trauma PAK if that person or entity has complied with subdivision (b) of Section 1797.161.
(c) (1) This chapter shall apply to a structure in subdivision (a) that is owned or operated by any local government entity.
(2) This chapter shall not apply to a health facility licensed under subdivision (a), (b), (c), or (f) of Section 1250 of the Health and Safety Code.
(3) This chapter shall not be construed to apply to a structure that is vacant or under construction or renovation.
(d) A person or entity that acquires a trauma PAK for emergency care for a structure included in subdivision (a) that is constructed and occupied shall not be liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of a trauma PAK if that person or entity has complied with subdivision (b) of Section 1797.161.