BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          AB 2217 (Melendez) - Automatic External Defibrillators
          
          Amended: July 1, 2014           Policy Vote: Education 7-0,  
          Judiciary 6-0
          Urgency: No                     Mandate: No
          Hearing Date: August 4, 2014                                 
          Consultant: Jacqueline Wong-Hernandez                       
          
          This bill meets the criteria for referral to the Suspense File.

          Bill Summary: AB 2217 encourages schools to acquire and maintain  
          at least one automatic external defibrillator (AED), authorizes  
          schools to solicit and receive nonstate funds for AEDs, and  
          clarifies that school employees are not civilly liable when  
          acting in good faith.

          Fiscal Impact: Substantial cost pressure for each of the  
          approximately 10,000 public schools in the state of California  
          to acquire and maintain at least one AED, and to provide the  
          training required under current law when schools voluntarily  
          place AEDs on campus.  

          Background: 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. Neither schools nor school districts are  
          required to provide such a program, nor are they required to  
          have AEDs onsite. The Education Code is silent relative to the  
          acquisition, maintenance, or use of AEDs.

          Existing 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 emergency care if that  
          person or entity complies with all regulations governing the  
          placement of a defibrillator, and ensures all of the following:  
          a) the defibrillator is maintained and regularly tested, as  
          specified; b) the defibrillator is checked for readiness, as  
          specified; 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  








          AB 2217 (Melendez)
          Page 1


          to five units, at least one person per defibrillator must  
          complete training, as specified; and, e) a written plan is in  
          place that describes the procedures to follow in the event of an  
          emergency.

          Under existing law, 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, and that similar  
          information is posted next to every defibrillator, as specified;  
          b) annually notify school employees as to the location of all  
          defibrillators on the campus; and, 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)  


          Proposed Law: This bill states the intent of the Legislature to  
          encourage all public schools to acquire and maintain at least  
          one AED, and would authorize a public school to solicit and  
          receive nonstate funds to acquire and maintain an AED. This bill  
          also provides that the school district and its employees are not  
          liable for civil damages resulting from certain uses, attempted  
          uses, or nonuses of an AED, except as provided. 

          Related Legislation: AB 939 (Melendez, 2013) was substantially  
          similar to this bill. That bill was held under submission in  
          this Committee.

          SB 63 (Price, 2011) was substantially similar to this bill, but  
          applied only to public high schools. That bill was held under  
          submission in this Committee.

          Staff Comments: This bill states the intent of the Legislature,  
          codified in statute, that all public schools acquire and  
          maintain at least one AED. This provision creates cost pressure  
          for every public school to acquire at least one AED, which can  
          range in cost from $1,000-$2,500. This bill authorizes high  
          schools to seek nonstate funds to purchase defibrillators, which  
          they can already do without specific statutory authorization,  
          but does not require that only nonstate funds be used for  
          purchase and maintenance of AEDs. 









          AB 2217 (Melendez)
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          Existing law, Health and Safety Code § 1797.196, requires (among  
          other things) that if a public or private school elects to place  
          an AED on its campus, the school administrator "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." To the extent that  
          schools follow the legislative encouragement to have AEDs on  
          site, they will also be required to designate and train  
          employees that will be available to use the AED during school  
          days and school events. 

          While these are not direct state costs, they are costs for  
          schools and school districts, which are primarily funded by  
          Proposition 98 General Fund.