Amended in Senate August 18, 2014

Amended in Senate July 1, 2014

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 Buchananbegin delete and Hagmanend deletebegin insert, Hagman, Maienschein, and Waldronend insert)

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.

Thisbegin 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 anbegin delete AED.end deletebegin insert automated external defibrillator (AED).end insert 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:

P2    1

SECTION 1.  

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

begin delete
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)

end delete
7begin insert

begin insert49417.end insert  

end insert

begin insert(a)end insert A public school may solicit and receive nonstate
8funds to acquire and maintain anbegin delete AED.end deletebegin insert automated external
9defibrillator (AED).end insert
These funds shall only be used to acquire and
10maintain an AED and to provide training to school employees
11regarding use of an AED.

begin delete

12(c)

end delete

13begin insert(b)end insert Except as provided in subdivisionbegin delete (e),end deletebegin insert (d),end insert 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
19or treatment.

begin delete

20(d)

end delete

21begin insert(c)end insert Except as provided in subdivisionbegin delete (e),end deletebegin insert (d),end insert 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
27treatment.

begin delete

28(e)

end delete

29begin insert(d)end insert Subdivisionsbegin delete (c)end deletebegin insert (b)end insert andbegin delete (d)end deletebegin insert (c)end insert 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.

begin delete

3(f)

end delete

4begin insert(e)end insert This section does not alter the requirements of Section
51797.196 of the Health and Safety Code.



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