Amended in Assembly May 6, 2014

Amended in Assembly April 24, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2217


Introduced by Assembly Member Melendez

(Coauthors: Assembly Members Buchanan and Hagman)

February 20, 2014


An act to add Section 49417 to the Education Code, relating to pupil health.

LEGISLATIVE COUNSEL’S DIGEST

AB 2217, as amended, Melendez. Pupil and personnel health: automated 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 one automated 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 thebegin delete school district andend delete employees of the school district are not liable for civil damages resulting from certain uses, attempted uses, or nonuses of an AED, except as provided.begin insert The bill would provide that a public school or school district that complies with certain requirements related to an AED is not liable for any civil damages resulting from any act or omission in the rendering of the emergency care or treatment, as specified.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 49417 is added to the Education Code,
2to read:

3

49417.  

(a) It is the intent of the Legislature to encourage all
4public schools to acquire and maintain at least one automated
5external defibrillator (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.

10(c) Except as provided in subdivisionbegin delete (d),end deletebegin insert (e),end insert if an employee
11of a school district complies with Section 1714.21 of the Civil
12Code in rendering emergency care or treatment through the use,
13attempted use, or nonuse of an AED at the scene of an emergency,
14begin delete the school district andend delete the employee shall not be liable for any civil
15damages resulting from any act or omission inbegin insert theend insert renderingbegin insert ofend insert the
16emergency care or treatment.

begin insert

17(d) If a public school or school district complies with the
18requirements of Section 1797.196 of the Health and Safety Code,
19the public school or school district shall be covered by Section
201714.21 of the Civil Code and shall not be liable for any civil
21damages resulting from any act or omission in the rendering of
22the emergency care or treatment.

end insert
begin delete

18 23(d)

end delete

24begin insert(e)end insert Subdivision (c) does not apply in the case of personal injury
25or wrongful death that results from gross negligence or willful or
26wanton misconduct on the part of the person who uses, attempts
27to use, or maliciously fails to use an AED to render emergency
28care or treatment.

begin delete

23 29(e)

end delete

30begin insert(f)end insert This section does not alter the requirements of Section
311797.196 of the Health and Safety Code.



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