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AB-238 Emergency response: trauma kits.(2017-2018)

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Date Published: 02/21/2018 09:00 PM
AB238:v96#DOCUMENT

Amended  IN  Senate  February 21, 2018
Amended  IN  Assembly  May 11, 2017
Amended  IN  Assembly  April 18, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 238


Introduced by Assembly Member Steinorth
(Coauthors: Assembly Members Cunningham, Flora, Lackey, Mathis, Mayes, Rodriguez, and Waldron)

January 30, 2017


An act to amend Section 26105 of the Business and Professions Code, 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 marijuana. emergency response.


LEGISLATIVE COUNSEL'S DIGEST


AB 238, as amended, Steinorth. Nonmedical marijuana: manufacturing: volatile solvents in residential structures. Emergency response: trauma kits.
Under existing law, a person 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 a 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. 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 using 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 a 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 entity responsible for managing the building, facility, and tenants of specified types of buildings, including, among others, educational buildings and mercantile buildings, constructed by the state or a local government entity after January 1, 2019, to acquire and place a trauma kit on the premises of the building. Because the bill would impose new duties on local government entities with respect to the placement of trauma kits, the bill would impose a state-mandated local program. The bill would require an entity responsible for managing the building, facility, and tenants of an occupied structure in which a trauma kit is placed to comply with certain requirements, such as 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 that acquires and places a trauma kit for emergency care from liability for civil damages resulting from an act or omission in the rendering of emergency care if those requirements have been met.
This bill would authorize the California Building Standards Commission to research and collect public input for the purpose of determining if mandatory or voluntary building standards should be adopted regarding the placement of trauma kits in a public building constructed, or a public building that has an addition, significant repair, or alteration completed, on or after January 1, 2019. The bill would authorize the commission to adopt that standard.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), added by Proposition 64 at the November 8, 2016, statewide general election, licenses and regulates commercial marijuana activity, including manufacturing marijuana products. AUMA provides for 2 licensing categories of manufacturers, including Level 2 manufacturers who use volatile solvents. Under AUMA a manufacturing Level 2 licensee is required to enact sufficient methods or procedures to capture or otherwise limit risk of explosion, combustion, or any other unreasonably dangerous risk to public safety created by volatile solvents.

AUMA authorizes legislative amendment of its provisions with a 23 vote of both houses of the Legislature, to further its purposes and intent. AUMA also authorizes the Legislature by a majority vote to amend certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with and further the purposes and intent of the act.

This bill would prohibit a manufacturing Level 2 licensee from manufacturing marijuana products using volatile solvents on property zoned for residential or mixed use. The bill would declare that its provisions implement specified substantive provisions and are consistent with and further the intent of the act.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 This act shall be known and may be cited as the Response to Traumatic Injuries Act.
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.
(2) Two hemostatic 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) Powder-free, large size nitrile gloves.
(5) Medical materials and equipment similar to those described in paragraphs (1) to (4), inclusive, and additional items that are approved by a local EMS agency described in Section 1797.200 of the Health and Safety Code, that adequately treat a traumatic injury, and can be stored in a readily available kit, in accordance with California Emergency Medical Services Authority guidelines.
(6) Instructional documents based upon nationally or internationally recognized evidence-based treatment recommendations, guidelines, and evidence-based programs that treat all preventative causes of traumatic death in the civilian population in accordance with California Emergency Medical Services Authority guidelines.
(b) Section 1799.102 of the Health and Safety Code, the “Good Samaritan Law,” shall apply to a 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 shall apply to a person or entity that voluntarily, and without expectation and receipt of compensation, 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, or 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.
(b) Two hemostatic 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.
(d) Powder-free, large size nitrile gloves.
(e) Medical materials and equipment similar to those described in subdivisions (a) to (d), inclusive, and additional items that are approved by a local EMS agency, as described in Section 1797.200, that adequately treat a traumatic injury, and can be stored in a readily available kit, in accordance with California Emergency Medical Services Authority Guidelines.
(f) Instructional documents based upon nationally or internationally recognized evidence-based treatment recommendations, guidelines, and evidence-based programs that treat all preventative causes of traumatic death in the civilian population in accordance with California Emergency Medical Services Authority guidelines.

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 in accordance with guidelines described in Section 19305.

19308.
 (a) This section applies to all of the following structures, as defined in the California Building Standards Code (Chapter 3 (commencing with Section 301.1) of Part 2 of Title 24 of the California Code of Regulations) that are constructed by the state or a local government entity on or after January 1, 2019:
(1) Group A assembly buildings with an occupancy of greater than 300 persons.
(2) Group B business buildings with an occupancy of 200 or more persons.
(3) Group E educational buildings with an occupancy of 200 or more persons.
(4) Group F factory buildings with an occupancy of 200 or more persons.
(5) Group I institutional buildings with an occupancy of 200 or more persons.
(6) Group M mercantile buildings with an occupancy of 200 or more persons.
(7) Group R residential buildings with an occupancy of 200 or more persons, excluding single-family and multifamily dwelling units.
(b) The entity responsible for managing the building, facility, and tenants of a structure described in subdivision (a) that is an occupied structure shall acquire and place a trauma kit on the premises.
(c) (1) This section shall not apply to a health facility licensed under subdivision (a), (b), (c), or (f) of Section 1250.
(2) This section shall not be construed to apply to a structure that is vacant or under construction or renovation.
(d) (1) This section shall become inoperative upon the adoption by the California Building Standards Commission of a building standard governing the placement of trauma kits following the research and public comment collection process described in Section 19309.
(2) The California Building Standards Commission shall post a notice on its Internet Web site and provide a written notice to the Legislature and the Legislative Counsel when the building standard described in paragraph (1) has been adopted.

19309.
 (a) Commencing January 1, 2019, the California Building Standards Commission may conduct research and collect public comment for the purpose of determining if mandatory or voluntary building standards should be adopted regarding the placement of trauma kits in a public building constructed, or a public building that has an addition, significant repair, or alteration completed, on or after January 1, 2019.
(b) If the California Building Standards Commission determines that a mandatory or voluntary building standard regarding the placement of trauma kits in a public building should be adopted pursuant to subdivision (a), it may adopt that standard.

19310.
 (a) A person or entity that acquires and places a trauma kit for emergency care in a structure shall not be liable for civil damages resulting from an act or omission in the rendering of emergency care by use of the trauma kit if that person or entity has complied with subdivision (b).
(b) In order to ensure public safety, the entity responsible for managing the building, facility, and tenants of a structure in which a trauma kit is placed that is an occupied structure shall do all of the following:
(1) Comply with all regulations governing the placement of a trauma kit.
(2) 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 expired materials, supplies, and equipment as necessary.
(3) Restock the trauma kit after each use and replace 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 in accordance with national guidelines and recommendations from local EMS agencies described in Section 1797.200.
(4) 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.
(5) Provide tenants with instructions in the use of the trauma kit from the training programs described in subdivision (f) of Section 19305.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 26105 of the Business and Professions Code is amended to read:
26105.

(a)A manufacturing Level 2 licensee shall enact sufficient methods or procedures to capture or otherwise limit risk of explosion, combustion, or any other unreasonably dangerous risk to public safety created by volatile solvents. The State Department of Public Health shall establish minimum standards concerning such methods and procedures for Level 2 licensees.

(b)A manufacturing Level 2 licensee shall not manufacture marijuana products using volatile solvents on property zoned for residential or mixed use.

SEC. 2.

The Legislature finds and declares that this bill, amending Section 26105 of the Business and Professions Code, implements Section 6.1 of the Control, Regulate and Tax Adult Use of Marijuana Act, and that it is consistent with and furthers the purposes of the act as stated in Section 3 of that act.