BILL NUMBER: AB 2217	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2014
	AMENDED IN ASSEMBLY  APRIL 24, 2014

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 the  school district and
 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.  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. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 49417 is added to the Education Code, to read:
   49417.  (a) It is the intent of the Legislature to encourage all
public schools to acquire and maintain at least one automated
external defibrillator (AED).
    (b) A public school may solicit and receive nonstate funds to
acquire and maintain an AED. These funds shall only be used to
acquire and maintain an AED and to provide training to school
employees regarding use of an AED.
   (c) Except as provided in subdivision  (d),  
(e),  if an employee of a school district complies with Section
1714.21 of the Civil Code in rendering emergency care or treatment
through the use, attempted use, or nonuse of an AED at the scene of
an emergency,  the school district and  the employee
shall not be liable for any civil damages resulting from any act or
omission in  the  rendering  of  the emergency care
or treatment. 
   (d) If a public school or school district complies with the
requirements of Section 1797.196 of the Health and Safety Code, the
public school or school district shall be covered by Section 1714.21
of the Civil Code and shall not be liable for any civil damages
resulting from any act or omission in the rendering of the emergency
care or treatment.  
   (d) 
    (e)  Subdivision (c) does not apply in the case of
personal injury or wrongful death that results from gross negligence
or willful or wanton misconduct on the part of the person who uses,
attempts to use, or maliciously fails to use an AED to render
emergency care or treatment. 
   (e) 
    (f)  This section does not alter the requirements of
Section 1797.196 of the Health and Safety Code.