BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Carol Liu, Chair 2013-2014 Regular Session BILL NO: AB 2217 AUTHOR: Melendez AMENDED: May 6, 2014 FISCAL COMM: No HEARING DATE: June 18, 2014 URGENCY: No CONSULTANT:Lynn Lorber NOTE: This bill has been referred to the Committees on Education and Judiciary. A "do pass" motion should include referral to the Committee on Judiciary. SUBJECT : Automatic external defibrillators. SUMMARY This bill encourages schools to acquire and maintain at least one automatic external defibrillator, authorizes schools to solicit and receive non-state funds for automatic external defibrillators, and clarifies that schools and school employees are not civilly liable when acting in good faith. BACKGROUND The Education Code is silent relative to the acquisition, maintenance, or use of automatic external defibrillators. Current law states that any person or entity that acquires a defibrillator is not liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care if that person or entity does all of the following: 1) Complies with all regulations governing the placement of a defibrillator. 2) Ensures all of the following: a) The defibrillator is maintained and regularly tested, as specified. b) The defibrillator is checked for readiness, as specified. AB 2217 Page 2 c) Any person who uses the defibrillator activates the emergency medical services system and reports any use of the defibrillator to the licensed physician and local Emergency Medical Services agency. d) For every defibrillator acquired up to five units, at least one person per defibrillator must complete training, as specified. e) A written plan is in place that describes the procedures to follow in the event of an emergency. 3) When a defibrillator is placed in a public or private K-12 school, a school principal is required to : a) Ensure administrators and staff annually receive a brochure describing the proper use of the defibrillator. The brochure is required to be approved as to contents and style by the American Heart Association or the American Red Cross. The principal is also required to ensure that similar information is posted next to every defibrillator. b) Annually notify school employees as to the location of all defibrillators on the campus. c) Designate the trained employees who shall be available to respond to an emergency that may involve the use of a defibrillator during the hours of classroom instruction and during any school-sponsored activity occurring on school grounds. (Health and Safety Code § 1797.196) Current law: 1) Authorizes school districts to provide specified medical services in connection with athletic events that are under the jurisdiction of, or sponsored or controlled by, school districts. These services include medical or AB 2217 Page 3 hospital insurance for pupils injured while participating in athletic activities, and ambulance service for pupils, instructors, spectators, and other individuals in attendance at athletic activities. (Education Code § 49470-49474.) 2) Provides that any person who, in good faith and not for compensation, renders emergency care or treatment by the use of a defibrillator at the scene of an emergency is not liable for any civil damages resulting from any acts or omissions in rendering the emergency care. (Civil Code § 1714.21) 3) Provides that a person or entity that acquires a defibrillator for emergency use is not liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of a defibrillator, if that person or entity has complied with the requirements listed in #1-3 above. (Civil Code § 1714.21) 4) Provides that the above protections do not apply in the case of personal injury or wrongful death that result from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment by the use of a defibrillator. (Civil Code § 1714.21) ANALYSIS This bill encourages schools to acquire and maintain at least one automatic external defibrillator (AED), authorizes schools to solicit and receive non-state funds for automatic external defibrillators, and clarifies that schools and school employees are not civilly liable when acting in good faith. Specifically, this bill: 1) States legislative intent to encourage all public schools to acquire and maintain at least one AED. 2) Authorizes public schools to solicit and receive non-state funds to acquire and maintain an AED, and requires those funds to be used only to acquire and maintain and AED and to provide training to school employees regarding use of an AED. 3) Specifies that a school employee who complies with AB 2217 Page 4 existing law regarding rendering emergency care and treatment in good faith and not for compensation, is not liable for any civil damages resulting from any act or omission in the rendering of the emergency care or treatment. 4) Specifies that a school or school district that complies with existing law regarding the acquisition, placement and notification about an AED on school campus is not liable for any civil damages resulting from any act or omission in the rendering of the emergency care or treatment. 5) Provides that #3 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. 6) Provides that this bill does not alter existing law regarding the acquisition, placement and notification about an AED on school campus. STAFF COMMENTS 1) Permissive Education Code . This bill encourages and authorizes schools to take actions that may already be undertaken under existing law, and therefore this bill appears unnecessary. 2) Information and training . Current law (Health and Safety Code) requires a school principal to take specific action when an automatic external defibrillator (AED) is placed in the school, including ensuring staff annually receive a brochure describing the proper use of an AED, annually notifying staff of the location of the AED, and designating the trained employees who are to be available to respond to an emergency that may involve the use of an AED. This bill does not change those provisions. 3) Liability . Existing Civil Code provisions provide immunity from civil damages for any person or entity that acquires a defibrillator for emergency use, and any person who, in good faith and not for compensation, renders emergency care or treatment by the use of a AB 2217 Page 5 defibrillator at the scene of an emergency. These protections do not apply in the case of personal injury or wrongful death that result from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment by the use of a defibrillator. This bill clarifies that a school employee who complies with existing law regarding rendering emergency care and treatment in good faith and not for compensation, is not liable for any civil damages resulting from any act or omission in the rendering of the emergency care or treatment. This bill also clarifies that a school or school district that complies with existing law regarding the acquisition, placement and notification about an AED on school campus is not liable for any civil damages resulting from any act or omission in the rendering of the emergency are or treatment. 4) Fiscal impact . According to the Assembly Appropriations Committee, this bill could impose General Fund and Proposition 98 cost pressure, likely between $700,000 and $1 million, to public schools to purchase an AED, train staff, and maintain records. These costs are not state reimbursable mandated costs because the provisions of this bill are not required by school districts. 5) Prior legislation . AB 939 (Melendez, 2013) was similar to this bill but also encouraged schools that have an AED to take specified actions. AB 939 was held in the Senate Appropriations Committee. SB 63 (Price, 2011) would have required public high schools to meet specific requirements if the school chose to have an AED, including ensuring training of employees, maintenance of the AED, and record keeping. SB 63 was held in the Senate Appropriations Committee. SUPPORT American Heart Association American Stroke Association Association of California School Administrators California Association of Joint Powers Authorities AB 2217 Page 6 California State Council Emergency Nurses Association California State PTA Civil Justice Association of California Emergency Medical Services Administrators Association Napa County Board of Supervisors OPPOSITION None on file.