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.
begin delete bill would state the intent of the Legislature to encourage all public schools to acquire and maintain at least one automated external defibrillator (AED). Theend delete bill would authorize a public school to solicit and receive nonstate funds to acquire and maintain an begin delete AED.end delete The bill would
provide that the 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, 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 49417 is added to the Education Code,
(a) It is the intent of the Legislature to encourage all
4public schools to acquire and maintain at least one automated
5external defibrillator (AED).
A public school may solicit and receive nonstate
8funds to acquire and maintain an
begin delete AED.end delete These funds shall only be used to acquire and
10maintain an AED and to provide training to school employees
11regarding use of an AED.
13 Except as provided in subdivision
begin delete (e),end delete if an employee
14of a school district complies with Section 1714.21 of the Civil
15Code in rendering emergency care or treatment through the use,
16attempted use, or nonuse of an AED at the scene of an emergency,
17the employee shall not be liable for any civil damages resulting
18from any act or omission in the rendering of the emergency care
21 Except as provided in subdivision
begin delete (e),end delete if a public school
22or school district complies with the requirements of Section
231797.196 of the Health and Safety Code, the public school or
24school district shall be covered by Section 1714.21 of the Civil
25Code and shall not be liable for any civil damages resulting from
26any act or omission in the rendering of the emergency care or
begin delete (c)end delete and begin delete (d)end delete do not apply in the case of
30personal injury or wrongful death that results from gross negligence
31or willful or wanton misconduct on the part of the person who
P3 1uses, attempts to use, or maliciously fails to use an AED to render
2emergency care or treatment.
4 This section does not alter the requirements of Section
51797.196 of the Health and Safety Code.