BILL NUMBER: AB 2217	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2014
	AMENDED IN SENATE  JULY 1, 2014
	AMENDED IN ASSEMBLY  MAY 6, 2014
	AMENDED IN ASSEMBLY  APRIL 24, 2014

INTRODUCED BY   Assembly Member Melendez
   (Coauthors: Assembly Members Buchanan  and Hagman
 , Hagman,   Maienschein,   and Waldron 
)

                        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.   automated
external defibrillator (AED).  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 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) 
    49417.    (a)  A public school may solicit and
receive nonstate funds to acquire and maintain an  AED.
  automated external defibrillator (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) 
    (b)  Except as provided in subdivision  (e),
  (d),  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 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) 
    (c)  Except as provided in subdivision  (e),
  (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. 
   (e) 
    (d)  Subdivisions  (c)   (b) 
and  (d)   (c)  do 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. 
   (f) 
    (e)  This section does not alter the requirements of
Section 1797.196 of the Health and Safety Code.