AB 939, as introduced, Melendez. Pupil and personnel health: automatic external defibrillators.
Existing law authorizes a school district or school to provide a comprehensive program in first aid or cardiopulmonary resuscitation training, or both, to pupils and employees, and requires the program to be developed using specified guidelines.
This bill would state the intent of the Legislature that all public schools acquire and maintain at least one automatic external defibrillator (AED). The bill would authorize a public school to solicit and receive nonstate funds to acquire and maintain an AED. If a public school decides to acquire and maintain an AED, or continue to use and maintain an existing AED, the bill would authorize and encourage the school to comply with specified requirements. The bill would provide that an employee and the school district are not liable for civil damages resulting from specified uses or nonuses of an AED, except as provided.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 49416 is added to the Education Code,
2to read:
(a) It is the intent of the Legislature that all public
4schools acquire and maintain at least one automatic external
5defibrillator (AED).
6 (b) A public school may solicit and receive nonstate funds to
7acquire and maintain an AED. These funds shall only be used to
8acquire and maintain an AED and to provide training to school
9employees regarding use of an AED. If a public school decides to
10acquire and maintain an AED, or continue to use and maintain an
11existing AED, the school may, and is encouraged to, do all of the
12following:
13(1) Place an AED in a centralized location on campus for the
14purpose of preventing deaths resulting from sudden
cardiac arrests
15among pupils, faculty, and visitors.
16(2) Have the AED available for use at a school-sponsored
17athletic event. The AED placed in a centralized location on campus
18may serve as the AED that is available for use at school-sponsored
19athletic events that occur at the school campus.
20 (3) Maintain records of both of the following:
21(A) That the AED is maintained and regularly tested according
22to the operation and maintenance guidelines set forth by the
23manufacturer.
24(B) That the AED is checked for readiness after each use and
25at least once every 30 days if the AED has not been used during
26the preceding 30 days.
27(4) Prepare a written medical emergency preparedness plan that
28describes
the procedures to be followed in the event of a medical
29emergency that may involve the use of an AED. The written plan
30may include, but is not limited to, immediate calling of the
31emergency 911 telephone number when an AED is used.
32(5) Require all school employees expected to administer an
33AED in an emergency to complete a training course in
34cardiopulmonary resuscitation and AED use that complies with
35the regulations adopted by the Emergency Medical Services
36Authority and the standards of the American Heart Association or
37the American Red Cross. A trained school employee may
P3 1administer an AED in accordance with the school’s medical
2emergency preparedness plan.
3(c) (1) An employee of a school district who renders emergency
4care or treatment pursuant to this section is not liable for civil
5damages resulting from the use, attempted use, or nonuse of an
6AED,
except as provided in paragraph (3).
7(2) If an employee of a school district uses, attempts to use, or
8does not use an AED consistent with the requirements of this
9section, to render emergency care or treatment, the employee,
10school district, or both are not liable for civil damages resulting
11from any act or omission in rendering the emergency care or
12treatment, including the use or nonuse of an AED, except as
13provided in paragraph (3).
14(3) Paragraphs (1) and (2) shall not apply in the case of personal
15injury or wrongful death that results from gross negligence or
16willful or wanton misconduct on the part of the person who uses,
17attempts to use, or maliciously fails to use an AED to render
18emergency care or treatment.
19(d) For
purposes of this section, a “school-sponsored athletic
20event” means a school-sponsored extracurricular athletic activity,
21which includes practice for and competition in an interscholastic
22athletic sporting event held at any location, including a nonpublic
23school facility.
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