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 14, 2014 Consultant: Jacqueline Wong-Hernandez SUSPENSE FILE. AS PROPOSED TO BE AMENDED. 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 (as approved on August 14, 2014): No state costs. 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 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 AB 2217 (Melendez) Page 1 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. 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 AB 2217 (Melendez) Page 2 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. Author's Amendments remove the legislative intent for all schools to acquire and maintain AEDs.