BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: SB 63
AUTHOR: Price
AMENDED: March 16, 2011
FISCAL COMM: Yes HEARING DATE: April 6, 2011
URGENCY: No CONSULTANT:Lynn Lorber
NOTE : This bill has been referred to the Committees on
Education and Health. A "do pass" motion should include
referral to the Committee on Health.
SUBJECT : Automatic external defibrillators.
SUMMARY
This bill requires each school with any of grades 9-12 to
have an automatic external defibrillator in a centralized
location on campus and at athletic events, prepare an
emergency preparedness plan and require anyone expected to
use a defibrillator to complete specified training.
BACKGROUND
Existing law, until January 1, 2013, states that any person
or entity that acquires a defibrillator is not liable for
any civil damages resulting from any acts or omissions in
the rendering of the emergency care if that person or
entity does all of the following:
1) Complies with all regulations governing the placement
of a defibrillator.
2) Ensures all of the following:
a) The defibrillator is maintained
and regularly tested, as specified.
b) The defibrillator is checked for
readiness, as specified.
c) Any person who uses the
defibrillator activates the emergency medical
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services system and reports any use of the
defibrillator to the licensed physician and local
Emergency Medical Services agency.
d) For every defibrillator acquired
up to five units, at least one person per
defibrillator must complete training, as
specified.
e) A written plan is in place that
describes the procedures to follow in the event
of an emergency.
3) When a defibrillator is placed in a public or private
K-12 school, a school principal is required to:
a) Ensure administrators and staff
annually receive a brochure describing the proper
use of the defibrillator. The brochure is
required to be approved as to contents and style
by the American Heart Association or the American
Red Cross. The principal is also required to
ensure that similar information is posted next to
every defibrillator.
b) Annually notify school employees
as to the location of all defibrillators on the
campus.
c) Designate the trained employees
who shall be available to respond to an emergency
that may involve the use of a defibrillator
during the hours of classroom instruction and
during any school-sponsored activity occurring on
school grounds.
(Health and Safety Code § 1797.196)
Beginning January 1, 2013, existing law requires any person
who acquires a defibrillator to:
1) Comply with all regulations governing the training,
use and placement of a defibrillator.
2) Notify an agent of the local emergency medical
services agency of the existence, location and type of
defibrillator acquired.
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3) Ensures all of the following:
a) Expected users complete a training
course, as specified.
b) The defibrillator is maintained and
regularly tested, as specified.
c) The defibrillator is checked for
readiness, as specified.
d) The emergency medical services system is
activated and any use of the defibrillator is
reported to the licensed physician and local
emergency medical services agency.
e) There is involvement of a licensed
physician in developing a program to ensure
compliance with regulations and requirements for
training, notification, and maintenance. (HSC §
1797.196)
Existing law:
1) Authorizes school districts to provide specified
medical services in connection with athletic events
that are under the jurisdiction of, or sponsored or
controlled by, school districts. These services
include medical or hospital insurance for pupils
injured while participating in athletic activities,
and ambulance service for pupils, instructors,
spectators, and other individuals in attendance at
athletic activities. (Education Code § 49470-49474.)
2) Provides that any person who, in good faith and not
for compensation, renders emergency care or treatment
by the use of a defibrillator at the
scene of an emergency is not liable for any civil
damages resulting from any acts or omissions in
rendering the emergency care.
(Civil Code § 1714.21)
3) Provides that a person or entity that acquires a
defibrillator for emergency use is not liable for any
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civil damages resulting from any acts or omissions in
the rendering of the emergency care by use of a
defibrillator, if that person or entity has complied
with the requirements listed in #1-3 above. (Civil
Code § 1714.21)
4) Provides that the above protections do not apply in
the case of personal injury or wrongful death that
result from the gross negligence or willful or wanton
misconduct of the person who renders emergency care or
treatment by the use of a defibrillator. (Civil Code
§ 1714.21)
ANALYSIS
This bill requires each school with any of grades 9-12 to
have an automatic external defibrillator in a centralized
location on campus and at athletic events, prepare an
emergency preparedness plan and require anyone expected to
use a defibrillator to complete specified training.
Specifically, this bill:
1) Requires a public school serving any of grades 9-12 to
do all of the following:
a) By July 1, 2012:
i) Acquire and maintain
at least one automatic external
defibrillator in a centralized location on
campus.
ii) Ensure that a defibrillator is
available for use at a school-sponsored
athletic event.
b) Ensure and maintain records of both of the
following:
i) That the defibrillator
is maintained and regularly tested according
to the operation and maintenance guidelines
of the manufacturer.
ii) That the defibrillator is checked
for readiness after each use and at least
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once every 30 days if the defibrillator has
not been used during the preceding 30 days.
c) Prepare a written emergency
preparedness plan that describes the procedures
to be followed in the event of an emergency that
may involve the use of a defibrillator. The plan
must include, but is not limited to, calling 911
immediately.
d) Require each person expected to
use a defibrillator to complete a training course
in CPR and the use of a defibrillator 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.
2) States that a school employee who renders emergency
care or treatment is not liable for civil damages
resulting from the use, attempted use, or non-use of a
defibrillator except for cases of personal injury or
wrongful death resulting from gross negligence or
willful or wanton misconduct.
3) States that a school employee who uses a defibrillator
in a manner that was consistent with the requirements
of this bill, the employing school district, or both,
are not liable for civil damages resulting from any
act or omission in rendering the emergency care or
treatment, including the use or non-use of a
defibrillator.
4) Defines "school-sponsored athletic event" as an
extra-curricular athletic activity which includes
practice for and competition in an interscholastic
athletic sporting event held at any location,
including a non-public school facility.
STAFF COMMENTS
1) Purpose of the bill . According to the author, "Sudden
cardiac arrest is the leading cause of death among
exercising young athletes, accounting for more than
half of all deaths. It is estimated that 1 in 200,000
athletes develop 'abrupt-onset ventricular
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tachycardia' (rapid heartbeat or fibrillation, a
chaotically abnormal heart rhythm) and dies suddenly
during exercise, an organized practice or athletic
competition. Studies show that the single greatest
determinant of survival after sudden cardiac arrest is
the time from collapse to defibrillation, and that if
defibrillation is provided within the first minute the
odds are 90% that the victim's life can be saved."
2) Athletics . The California Interscholastic Federation
does not have a bylaw regarding defibrillators, but
does recommend that a defibrillator be included in a
high school coach's first aid kit.
3) Liability . Existing Civil Code provisions provide
immunity from civil damages for any person or entity
that acquires a defibrillator for emergency use, and
any person who, in good faith and not for
compensation, renders emergency care or treatment by
the use of a defibrillator at the scene of an
emergency. These protections do not apply in the case
of personal injury or wrongful death that result from
the gross negligence or willful or wanton misconduct
of the person who renders emergency care or treatment
by the use of a defibrillator.
4) Recommended amendments .
This bill applies to all public high schools and junior
high schools with a 9th grade. The author's desire is
to have this bill apply only to high schools.
Therefore, staff recommends a clarifying amendment.
This bill requires schools to keep a defibrillator in a
centralized location on campus, and ensure that a
defibrillator is available at a school-sponsored
athletic event held at any location. Staff recommends
an amendment to clarify that the defibrillator kept in
a centralized location may be the same machine that is
available at school-sponsored athletic events that
take place on the school campus.
This bill requires schools to prepare a written emergency
preparedness plan that describes the procedures to be
followed when a defibrillator is used. Staff
recommends an amendment to reference the plan as one
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specific to medical emergencies, clarify that the plan
must include a requirement that 911 be called
immediately when a defibrillator is used, and require
the plan be in place by the operative date of this
bill, which is July 1, 2012.
This bill requires a school to require all persons expected
to use a defibrillator to complete specific training.
Staff recommends an amendment to clarify that this
bill applies to school employees, rather than all
members of the public.
This bill authorizes a person to administer a defibrillator
at the discretion of the school. Staff recommends an
amendment to clarify that defibrillators may be used
by trained school employees in accordance with the
school's emergency plan.
Staff recommends an amendment to strike "interschool" and
insert "interscholastic."
5) Fiscal impact . According to the American Heart
Association, the price of a defibrillator is generally
between $1,500 and $2,000, varying by make and model.
According to the Assembly Appropriations Committee analysis
of similar legislation from 2010, this bill would
impose:
a) General Fund (Proposition 98)
costs of at least $2.3 million for schools to
acquire defibrillators. There were 967 school
districts with 2,532 middle and high schools in
2008-09; virtually all offer interscholastic
athletics. If this bill were amended to apply
only to high schools, and assuming a cost of
$1,500 per defibrillator, this bill would impose
a cost of $1.85 million for the acquisition of
defibrillators.
b) One-time General Fund (Prop 98)
costs of approximately $640,000 for schools to
ensure there is a written emergency preparedness
plan in the event of any emergency.
c) Potential General Fund (Prop 98)
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costs of at least $140,000 to schools to provide
training to school employees on the use of
defibrillators.
6) Prior legislation . AB 1647 (Hayashi, 2010) at one
time would have established requirements for athletic
trainers and required school districts that offer any
interscholastic athletic programs to acquire a
defibrillator beginning July 1, 2014. AB 1647 was
amended to establish certification and training
requirements for athletic trainers, and was
subsequently vetoed by the Governor, whose veto
message read:
This bill is similar to legislation I have vetoed
twice before in the past because there is no
evidence that regulating the use of the term
"certified athletic trainer" poses any threat to
the public health and safety.
AB 1312 (Swanson, 2009) would have extended the sunset
on the requirement that all health studios have a
defibrillator and required golf courses and amusement
parks to have a defibrillator. AB 1312 was vetoed by
the Governor, whose veto message read:
There is no compelling need to extend the 2012
sunset date at this time, especially when a
reasonable exemption for a particular type of
Business model was sought and rejected. I am not
willing to extend this law to additional
businesses until this problem is addressed.
SUPPORT
California Chapters of the American Red Cross
Sudden Cardiac Arrest Association
Travis R. Roy Sudden Cardiac Arrest Fund
An individual
OPPOSITION
None on file.
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