BILL ANALYSIS Ó AB 2217 Page 1 Date of Hearing: April 9, 2014 ASSEMBLY COMMITTEE ON EDUCATION Joan Buchanan, Chair AB 2217 (Melendez) - As Introduced: February 20, 2014 [Note: This bill is doubled referred to the Assembly Judiciary Committee and will be heard as it relates to issues under its jurisdiction.] SUBJECT : Pupil and personnel health: automatic external defibrillators SUMMARY : Encourages all public schools to acquire and maintain at least one automatic external defibrillator (AED) and provides immunity from civil damages to the employee of the school district and to the school district resulting from the use of an AED. Specifically, this bill : 1)Identifies the intent of the Legislature to encourage all public schools to acquire and maintain an AED. 2)Permits a school to solicit and receive non-state funds to acquire and maintain an AED and specifies that these funds shall only be used to acquire and maintain the AED and to provide training to school employees regarding use of an AED. 3)Provides immunity from civil liability to school districts and their employees for damages resulting from any act or omission in rendering the emergency care or treatment involving the AED so long as the employee of the school district is in compliance with Section 1714.21 of the Civil Code which speaks to the immunity from liability for use of an AED if the requirements set forth in Health and Safety Code section 1797.196 are met. 4)Specifies that immunity does not apply to those injuries or deaths that occur as a result of 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. 5)Specifies that this section does not alter the requirements of Health and Safety Code section 1797.196, which speaks to the immunity from liability if certain conditions pertaining to AB 2217 Page 2 the operation and maintenance of the AEDs are met. EXISTING LAW There are currently no requirements in Education Code relating to the acquisition, maintenance, or use of AEDs. California Civil Code : 1)Specifies that any person who, in good faith and not for compensation, renders emergency care or treatment by the use of AED at the scene of an emergency is not liable for any civil damages resulting from any acts or omissions of the person rendering care. 2)Extends immunity from liability to those entities that train persons in CPR and AED use, the person or entity that acquires an AED for emergency use, so long as that person or entity has complied with the applicable provisions of Health and Safety Code, and to a physician who is involved in the placement of the AED, if that physician has complied with the applicable provisions of Health and Safety Code. 3)Clarifies that immunity does not extend to cases of gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment by the use of an AED. 4)Clarifies that this section does not exempt the manufacturer, designer, developer, distributer, installer, or supplier of an AED of any liability under existing laws. California Health and Safety Code: 1)Specifies that immunity from civil liability resulting from the acts or omissions in the rendering of emergency care may be extended so long as the person or entity that has acquired an AED does all of the following: a) Complies with all regulations governing the placement of the AED; b) Maintains and regularly tests the AED according to specified guidelines; c) Notifies the emergency medical services system as soon as possible and reports the used of the AED as specified; d) Maintains a specified ratio of trained employee to AEDs; e) Maintains a written plan that describes the procedures AB 2217 Page 3 to be followed in the event of an emergency involving the use of an AED; and f) Specifies that when an AED is placed in a public or private K - 12 school, the principal shall ensure that the school administrator and staff annually receive a brochure, approved as to content and style by the American Heart Association. FISCAL EFFECT : This bill has been keyed non-fiscal by Legislative Counsel. COMMENTS : According to the author, the majority of California's children spend around 14,000 hours away from their parents and under the supervision of the state while they receive an education at California's K - 12 public schools. While under this supervision, parents should be confident that their children are protected. Additionally, according to the author, during the school year, twenty percent of America's population spends at least part of their day on a school property. According to the American Heart Association, sudden cardiac arrest kills over 300,000 people a year and is the leading cause of death in the United States. Medical experts opine that the key to survival is timely initiation of a "chain of survival", including CPR and the use of an AED. Trained non-medical personnel can use these simplified electronic machines to treat a person in cardiac arrest. The AED device guides the user through the process by audible or visual prompts without requiring any discretion or judgment. The American Heart Association notes that at least 20,000 lives could be saved annually by prompt use of AEDs. Ultimately, with broad deployment of AEDs among trained responders, as many as 50,000 deaths due to sudden cardiac arrest could be prevented each year. With this in mind, this bill encourages all public schools to acquire and maintain at least one AED. In extending immunity from civil damages to a school district and its employees when using an AED, the author intends to encourage schools to acquire these life-saving devices. This bill is intended to provide certainty to school districts and their employees if an AED is used on campus they are immune from civil liability and thereby encourage the acquisition of AEDs to promote public safety. Further, this bill permits a school to AB 2217 Page 4 receive non-state funds to remove any financial barriers the school may face in acquiring and maintaining an AED and training their employees in the use of an AED. Previous Legislation : AB 939 (Melendez) of 2013 encourages all public schools to acquire and maintain an AED and provides immunity from civil damages to the employee of the school district and to the school district resulting from the use of an AED. This measure passed out of the Assembly Education Committee by a vote of 5 - 0, but died in Senate Appropriations. SB 1346 (Lowenthal), Chapter 71, Statutes of 2012, extended indefinitely, the minimum training standards and immunity from civil damages in connection with the use of AEDs. This measure was not heard by the Assembly Education Committee. SB 63 (Price) of 2011 required all public high schools to acquire and maintain at least one AED. This bill died in the Senate Appropriations Committee. REGISTERED SUPPORT / OPPOSITION : Support Association of California School Administrators Brain Injury Association of California Civil Justice Association of California Contra Costa County Board of Supervisors Opposition None on file Analysis Prepared by : Jill Rice / ED. / (916) 319-2087