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AB-2053 Emergency response: trauma kits. (2019-2020)

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Date Published: 02/26/2020 09:00 PM
AB2053:v98#DOCUMENT

Amended  IN  Assembly  February 26, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2053

Introduced by Assembly Member Rodriguez

February 03, 2020

An act to add Section 1714.27 to the Civil Code, and to add Chapter 4 (commencing with Section 19305) to Part 3 of Division 13 of the Health and Safety Code, relating to emergency response.


LEGISLATIVE COUNSEL'S DIGEST


AB 2053, as amended, Rodriguez. Emergency response: trauma kits.
Under existing law, everyone is generally responsible, not only for the result of their willful acts, but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person. Existing law exempts from civil liability any person who, in good faith and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency other than an act or omission constituting gross negligence or willful or wanton misconduct. Existing law exempts public or private organizations that sponsor, authorize, support, finance, or supervise the training of people, or certifies those people in emergency medical services, from liability for civil damages alleged to result from those training programs.
This bill would define “trauma kit” to mean a first aid response kit that contains specified items, including, among other things, at least 2 tourniquets. one tourniquet for an adult and one tourniquet for a child, as specified. The bill would require a person or entity that supplies a trauma kit to provide the person or entity that acquires the trauma kit with all information governing the use, installation, operation, training, and maintenance of the trauma kit. The bill would apply the provisions governing civil liability described above to a lay rescuer or person who renders emergency care or treatment by the use of a trauma kit and to a person or entity that provides training in the use of a trauma kit to provide emergency medical treatment, or certifies certain persons in the use of a trauma kit.
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 on the premises.
This bill would require the person or entity responsible for managing the building, facility, and tenants of the above-referenced occupied structures, including those that are owned or operated by a local government entity, and that are constructed on or after January 1, 2021, to comply with certain requirements, including acquiring and placing a trauma kit on the premises, periodically inspecting and replacing the contents of a trauma kit, restocking the trauma kit after each use, and notifying tenants of the building or structure of the location of the trauma kit. The bill would exempt a person or entity from liability for civil damages resulting from any acts or omissions in the rendering of emergency care if those 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.

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

SEC. 2.

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

1714.27.
 (a) For purposes of this section, “trauma kit” means a first aid response kit that contains at least all of the following:
(1) Two tourniquets. One tourniquet for an adult and one tourniquet for a child who is two years of age or older, that are the type approved or recommended by the Committee on Tactical Combat Casualty Care or by the American Red Cross, or that conform to National Institute of Standards and Technology standards to treat exsanguinating extremity hemorrhage.
(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. Nonlatex gloves.
(4) Medical materials and equipment similar to those described in paragraphs (1) to (3), inclusive, and any additional items that are approved by local law enforcement or first responders, that adequately treat a traumatic injury, and can be stored in a readily available kit.
(5) Instructional documents developed by the First Care Provider program, American Red Cross, the American College of Surgeons, the Committee for Tactical Emergency Casualty Care, or the federal Stop the Bleed campaign.
(b) Section 1799.102 of the Health and Safety Code, the “Good Samaritan Law,” applies to any lay rescuer or person who, in good faith and not for compensation, renders emergency care or treatment by the use of a trauma kit at the scene of an emergency.
(c) Section 1799.100 of the Health and Safety Code applies to a person or entity that voluntarily, and without expectation and receipt of compensation, does either of the following:
(1) Provides training in the use of a trauma kit to provide emergency medical treatment to victims of trauma, including, but not limited to, training in the use of the trauma kit in emergency first care response to an active shooter.
(2) Certifies persons, other than physicians and surgeons, registered nurses, and licensed vocational nurses, who are trained in the use of a trauma kit to provide emergency medical treatment to victims of trauma.

SEC. 3.

 Chapter 4 (commencing with Section 19305) is added to Part 3 of Division 13 of the Health and Safety Code, to read:
CHAPTER  4. Trauma Kits

19305.
 For purposes of this section, “trauma kit” means a first aid response kit that contains at least all of the following:
(a) Two tourniquets. One tourniquet for an adult and one tourniquet for a child who is two years of age or older, that are the type approved or recommended by the Committee on Tactical Combat Casualty Care or by the American Red Cross, or that conform to National Institute of Standards and Technology standards to treat exsanguinating extremity hemorrhage.
(b) Two pressure dressings that are inspected for replacement no less than every three years.
(c) Four chest seals that are inspected for replacement no less than every three years. Nonlatex gloves.
(d) Medical materials and equipment similar to those described in subdivisions (a) to (c), inclusive, and any additional items that are approved by local law enforcement or first responders, that adequately treat a traumatic injury, and can be stored in a readily available kit.
(e) Instructional documents developed by the First Care Provider program, American Red Cross, the American College of Surgeons, the Committee for Tactical Emergency Casualty Care, or the federal Stop the Bleed campaign.

19307.
 In order to ensure public safety, a person or entity that supplies a trauma kit shall provide the person or entity that acquires the trauma kit with all information governing the use, installation, operation, training, and maintenance of the trauma kit.

19310.
 (a) This chapter applies to all of the following structures, as defined in Chapter 3 of the California Building Code (Part 2 of Title 24 of the California Code of Regulations), that are constructed on or after January 1, 2021:
(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) (1) This chapter applies to a structure listed in subdivision (a) that is owned or operated by a local governmental entity.
(2) This chapter does not apply to a health facility licensed under subdivision (a), (b), (c), or (f) of Section 1250.
(3) This chapter does not apply to a structure that is vacant or under construction or renovation.
(c) A person or entity that complies with subdivision (d) is not liable for any civil damages resulting from any acts or omissions in the rendering of emergency care by use of a trauma kit.
(d) In order to ensure public safety, the person or entity responsible for managing the building, facility, and tenants of any structure described in subdivision (a) that is an occupied structure shall do all of the following:
(1) Acquire and place a trauma kit on the premises of the building or facility.
(2) Comply with all regulations governing the placement of a trauma kit.
(3) Inspect all trauma kits acquired and placed on the premises of a building or structure every three years from the date of installation to ensure that all materials, supplies, and equipment contained in the trauma kit are not expired, and replace any expired materials, supplies, and equipment as necessary.
(4) Restock the trauma kit after each use and replace any materials, supplies, and equipment as necessary to ensure that all materials, supplies, and equipment required to be contained in the trauma kit are contained in the trauma kit.
(5) At least once per year, notify tenants of the building or structure of the location of the trauma kit and provide information to tenants regarding contact information for training in the use of the trauma kit.
(6) Provide tenants with instructions in the use of the trauma kit from the training documents described in subdivision (e) of Section 19305.
(e) For the purposes of this section, a “local EMS agency” means an agency described in Section 1797.200.