BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                       AB 2217|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 
           
                                           
                                    THIRD READING


          Bill No:  AB 2217
          Author:   Melendez (R), et al.
          Amended:  8/18/14 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  7-0, 6/18/14
          AYES:  Liu, Wyland, Block, Correa, Hancock, Huff, Monning

           SENATE JUDICIARY COMMITTEE  :  7-0, 6/24/14
          AYES:  Jackson, Anderson, Corbett, Lara, Leno, Monning, Vidak

           SENATE APPROPRIATIONS COMMITTEE  :  5-0, 8/14/14
          AYES:  De León, Hill, Lara, Padilla, Steinberg
          NO VOTE RECORDED:  Walters, Gaines

           ASSEMBLY FLOOR  :  77-0, 5/27/14 - See last page for vote


           SUBJECT  :    Automated external defibrillator

           SOURCE  :     Author


           DIGEST  :    This bill authorizes schools to solicit and receive  
          non-state funds for automatic external defibrillator (AED), and  
          clarifies those schools and school employees are not civilly  
          liable when acting in good faith.

           ANALYSIS  :    

          Existing law:

                                                                CONTINUED





                                                                    AB 2217
                                                                     Page  
          2

          1. 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:

             A.    Complies with all regulations governing the placement  
                of a defibrillator.

             B.    Ensures all of the following:

                (1)      The defibrillator is maintained and  
                   regularly tested, as specified.

                (2)      The defibrillator is checked for readiness,  
                   as specified.

                (3)      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.

                (4)      For every defibrillator acquired up to five  
                   units, at least one person per defibrillator must  
                   complete training, as specified.

                (5)      A written plan is in place that describes  
                   the procedures to follow in the event of an  
                   emergency.

             C.    When a defibrillator is placed in a public or private  
                K-12 school, a school principal is required to:

                (1)      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.  
                    

                (2)      Annually notify school employees as to the  
                   location of all defibrillators on the campus.

                                                                CONTINUED





                                                                    AB 2217
                                                                     Page  
          3


                (3)      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. 

          2. 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 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.  

          3. 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.  

          4. 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 specific requirements.  
              

          5. 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.  

          This bill:

          1. 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 an AED and to  
             provide training to school employees regarding use of an AED.

          2. Specifies that a school employee, who complies with existing  

                                                                CONTINUED





                                                                    AB 2217
                                                                     Page  
          4

             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, except as provided.

          3. 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, except as  
             provided.

          4. Provides that liability for civil damages do 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.

          5. Provides that the provisions do not alter existing law  
             regarding the acquisition, placement and notification about  
             an AED on school campus.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

          According to the Senate Appropriations Committee, no state  
          costs.

           SUPPORT  :   (Per Senate Education Committee analysis of 6/18/14;  
          unable to reverify at time of writing)

          American Heart Association
          American Stroke Association
          Association of California School Administrators
          California Association of Joint Powers Authorities
          California State Council Emergency Nurses Association
          California State PTA
          Civil Justice Association of California
          Emergency Medical Services Administrators Association
          Napa County Board of Supervisors


           ASSEMBLY FLOOR  :  77-0, 5/27/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,  

                                                                CONTINUED





                                                                    AB 2217
                                                                     Page  
          5

            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,  
            Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,  
            Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,  
            Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,  
            Nazarian, Nestande, Olsen, Pan, Perea, John A. Pérez, V.  
            Manuel Pérez, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas,  
            Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,  
            Wilk, Williams, Yamada, Atkins
          NO VOTE RECORDED:  Patterson, Quirk-Silva, Vacancy


          PQ:JG:d  8/17/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****
          

























                                                                CONTINUED