Amended in Assembly April 24, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2217


Introduced by Assembly Member Melendez

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(Coauthors: Assembly Members Buchanan and Hagman)

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February 20, 2014


An act to add Sectionbegin delete 49416end deletebegin insert 49417end insert to the Education Code, relating to pupil health.

LEGISLATIVE COUNSEL’S DIGEST

AB 2217, as amended, Melendez. Pupil and personnel health:begin delete automaticend deletebegin insert automatedend insert 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 to encourage all public schools to acquire and maintain at least onebegin delete automaticend deletebegin insert automatedend insert external defibrillator (AED). The bill would authorize a public school to solicit and receive nonstate funds to acquire and maintain an AED. The bill would provide that the school district and employees of the school district are not liable for civil damages resulting from certain uses,begin delete attempted,end deletebegin insert attemptedend insert 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:

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SECTION 1.  

Sectionbegin delete 49416end deletebegin insert 49417end insert is added to the Education
2Code
, to read:

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begin delete49416.end delete
4begin insert49417.end insert  

(a) It is the intent of the Legislature to encourage all
5public schools to acquire and maintain at least onebegin delete automaticend delete
6begin insert automatedend insert external defibrillator (AED).

7 (b) A public school may solicit and receive nonstate funds to
8acquire and maintain an AED. These funds shall only be used to
9acquire and maintain an AED and to provide training to school
10employees regarding use of an AED.

11(c) Except as provided in subdivision (d), if an employee of a
12school district complies with Section 1714.21 of the Civil Code
13in rendering emergency care or treatment through the use,
14attempted use, or nonuse of an AED at the scene of an emergency,
15the school district and the employee shall not be liable for any civil
16damages resulting from any act or omission in rendering the
17emergency care or treatment.

18(d) Subdivision (c) does not apply in the case of personal injury
19or wrongful death that results from gross negligence or willful or
20wanton misconduct on the part of the person who uses, attempts
21to use, or maliciously fails to use an AED to render emergency
22care or treatment.

23(e) This section does not alter the requirements of Section
241797.196 of the Health and Safety Code.



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