BILL ANALYSIS                                                                                                                                                                                                    






                           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.







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                    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  






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               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  






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               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  






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               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






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          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.