California AED Laws.

Civil Code 1714.2 protects a person who has completed a basic CPR course that complies with American Heart Association or American Red Cross standards and who, in good faith, renders emergency CPR at the scene of an emergency.

This protection does not apply where the person’s conduct constitutes gross negligence. It also does not protect a person who renders emergency care with the expectation of receiving compensation from the individual receiving care.

Civil Code 1714.21 protects any person who, in good faith and not for compensation, renders emergency care or treatment by using an AED at the scene of an emergency.

It also protects a person or entity that provides CPR and AED training to a person who renders emergency AED care. A person or entity that acquires an AED for emergency use is not liable for civil damages resulting from emergency AED use if that person or entity has complied with subdivision (b) of Health and Safety Code 1797.196.

A physician and surgeon or other health care professional involved in AED selection, placement, or installation under HSC 1797.196 is also protected from civil damages resulting from emergency AED use.

Health and Safety Code 1797.196 is California’s core AED acquisition and compliance statute.

A person or entity that acquires an AED must comply with all regulations governing AED placement, notify an agent of the local EMS agency of the AED’s existence, location, and type, and ensure the AED is maintained and tested according to manufacturer operation and maintenance guidelines.

The AED must be tested at least biannually and after each use. The acquirer must inspect all AEDs on the premises at least every 90 days for potential issues related to operability, including a blinking light or other obvious defect that may suggest tampering or another functionality problem. Records of required maintenance and testing must be maintained.

When an AED is placed in a building, the building owner must notify tenants at least once a year of AED locations and provide information about who tenants can contact if they want to voluntarily take AED or CPR training. The building owner must also offer at least one annual demonstration to at least one person associated with the building so that the person can be walked through proper AED use in an emergency. Instructions on how to use the AED, in no less than 14-point type, must be posted next to the AED.

When an AED is placed in a public or private K-12 school, the principal must ensure school administrators and staff annually receive information describing sudden cardiac arrest, the school’s emergency response plan, and proper AED use. Instructions in no less than 14-point type must be posted next to every AED, and school employees must be notified at least annually of the location of all AED units on campus.

When an AED is placed in a public or private school serving grades 6 to 12, the principal must also notify pupils at least annually of the location of all AED units on campus.

Every health studio must acquire, maintain, and train personnel in the use of an automatic external defibrillator.

A health studio must comply with all regulations governing AED placement and ensure the AED is maintained and regularly tested according to manufacturer guidelines, American Heart Association or American Red Cross standards, and applicable federal and state rules.

The AED must be checked for readiness after each use and at least once every 30 days if it has not been used in the preceding 30 days. The health studio must maintain records of these checks.

A person who renders emergency care to a person in cardiac arrest using an AED must activate EMS as soon as possible and report the AED use to the licensed physician and local EMS agency.

Trained employees should be available to respond during staffed operating hours. Health studios may need to train additional employees to ensure trained staff are available when needed.

A written emergency plan must describe procedures to follow in an emergency that may involve AED use. The plan must include immediate 911 notification and trained office personnel at the start of AED procedures.

Civil liability protections for health studios and related persons do not apply where personal injury or wrongful death results from gross negligence or willful or wanton misconduct by a person who uses, attempts to use, or maliciously fails to use an AED.

Health and Safety Code 19300 requires AEDs in certain occupied structures that meet construction, renovation, tenant improvement, and occupancy thresholds.

The law applies to listed building groups constructed on or after January 1, 2017, or constructed before January 1, 2017, and modified, renovated, or tenant improved under listed conditions on or after January 1, 2020.

Covered buildings include:

• Group A assembly buildings with occupancy greater than 300
• Group B business buildings with occupancy of 200 or more
• Group E educational buildings with occupancy of 200 or more
• Group F factory buildings with occupancy of 200 or more
• Group I institutional buildings with occupancy of 200 or more
• Group M mercantile buildings with occupancy of 200 or more
• Group R residential buildings with occupancy of 200 or more, excluding single-family and multifamily dwelling units

Covered occupied structures must have an AED on the premises, subject to HSC 1797.196. The requirement does not apply to structures owned or operated by local government entities or certain licensed health facilities. If an existing AED is already in a common area of the structure, the requirement is satisfied without installing another AED.

Health and Safety Code 116045 requires lifeguard service for any public swimming pool that is of wholly artificial construction and charges a direct fee for use. For other public swimming pools, lifeguard service must be provided or signs must clearly state that lifeguard service is not provided.

Every public swimming pool that is required to provide lifeguard services and charges a direct fee must provide an AED on its premises. The AED must be readily available during pool operations.

A person or entity that acquires an AED under this section must comply with HSC 1797.196. A person or entity that acquires an AED for emergency care under this section may receive civil liability protection under Civil Code 1714.21. A volunteer who in good faith renders emergency care with the AED may also be protected, subject to the statute’s limitations.

California includes phased AED and cardiac emergency response requirements for youth sports organizations.

For this section, a coach means a person appointed by the youth sports organization to supervise or instruct a participant in a sport. An official practice or match means a scheduled sports session involving live action, drills, or a match.

Certified training may be conducted in person or online and must be offered by an accredited organization, consistent with national evidence-based cardiovascular care guidelines. The written cardiac emergency response plan must be reviewed annually with coaches and staff and must be consistent with nationally recognized, evidence-based standards.

The plan must detail AED locations and procedures to follow in the event of sudden cardiac arrest, the responsibilities of coaches, administration, and athletes, how coaches, administration, and athletes will be notified and trained on the emergency response plan, and an annual electronic communication to parents or guardians of enrolled participants that includes the plan or a link to the plan, AED locations, and designated staff to notify during a sudden cardiac event.

EC 49417 — Acquisition and maintenance of AEDs in public schools. A public school may solicit and receive nonstate funds to acquire and maintain an AED. These funds may be used only to acquire and maintain an AED and provide AED-use training to school employees.

If a school district employee complies with Civil Code 1714.21 when rendering emergency care or treatment through the use, attempted use, or nonuse of an AED, the employee is not liable for civil damages resulting from acts or omissions in the emergency care. If a public school or school district complies with HSC 1797.196, it is covered by Civil Code 1714.21 and is not liable for civil damages resulting from acts or omissions in emergency AED care. These protections do not apply where personal injury or wrongful death results from gross negligence or willful or wanton misconduct.

EC 51225.6 — CPR instruction in high schools. If a school district or charter school requires a health education course for high school graduation, it must include instruction in compression-only CPR beginning with the 2018-19 school year. The instruction must include an instructional program based on national evidence-based emergency cardiovascular care guidelines and psychomotor skills instruction (hands-on practice).

EC 35179.4 — Emergency action plans for interscholastic athletic programs. If a school district or charter school offers an interscholastic athletic program, it must maintain a written emergency action plan describing the location of emergency medical equipment and procedures for sudden cardiac arrest and other medical emergencies, including concussion and heat illness. By July 1, 2024, the plan must describe how often these procedures will be rehearsed, and it must be posted per the most recent National Federation of State High School Associations guidelines.

EC 35179.6 — AEDs for schools with interscholastic athletic programs. Beginning July 1, 2019, a school district or charter school offering any interscholastic athletic program must acquire at least one AED for each participating school. Districts are encouraged to ensure AEDs are available within a recommended three to five minutes of sudden cardiac arrest, and AEDs must be available to athletic trainers, coaches, and authorized persons at activities or events.

PUC 8310 — Worksite AEDs for electrical utility work. Each utility, and each independent contractor or subcontractor of a utility, must have an AED available for emergency use at each worksite where two or more electrical utility workers perform work on electrical transmission or distribution lines of 601 volts or more.

The utility, contractor, or subcontractor must adopt a written program of policies and procedures as part of its injury prevention program. The program must ensure that any person who uses an AED to render emergency care to a person in cardiac arrest activates EMS as soon as possible and reports the AED use to the local EMS agency. It must also ensure that all employees, contractors, and subcontractors are trained on AED use and emergency procedures.

PUC 99175 — Commuter rail systems. A public entity that operates, or contracts for the operation of, a commuter rail system must ensure each train has an AED as part of its safety equipment, subject to HSC 1797.196.

For this section, commuter rail system does not include intercity passenger rail services, including listed state-funded intercity passenger rail services, and does not include light rail or rapid transit services managed by local agencies.

Affected public entities were required to install AEDs by July 1, 2020. The Peninsula Corridor Joint Powers Board is exempt from that installation deadline and must instead ensure that trainsets procured as part of the Caltrain Electrification Project are equipped with AEDs.

After AED installation, the public entity must confirm compliance in writing to the Public Utilities Commission. If the entity was already in compliance when the section became effective, it must notify the Public Utilities Commission. An affected public entity that acquires an AED for emergency care under this section is protected from civil damages resulting from emergency AED use if it has complied with the relevant requirements of HSC 1797.196.