BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2217
                                                                  Page 1 

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2217 (Melendez)
          As Amended  August 18, 2014
          Majority vote
           
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          |ASSEMBLY:  |77-0 |(May 27, 2014)  |SENATE: |33-0 |(August 22,    |
          |           |     |                |        |     |2014)          |
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           Original Committee Reference:    ED.  

           SUMMARY  :  Allows public schools to solicit and receive non-state  
          funds to acquire and maintain an automatic external  
          defibrillator (AED) and provides immunity from civil damages to  
          the employee of the school district and to the school district  
          resulting from the use of an AED.  Specifically,  this bill :  

          1)Permits a school to solicit and receive non-state funds to  
            acquire and maintain an AED and specifies that these funds  
            shall only be used to acquire and maintain the AED and to  
            provide training to school employees regarding use of an AED.

          2)Provides immunity from civil liability to school district  
            employees for damages resulting from any act or omission in  
            rendering the emergency care or treatment involving the AED so  
            long as the employee of the school district is in compliance  
            with Civil Code Section 1714.21 which speaks to the immunity  
            from liability for use of an AED if the requirements set forth  
            in Health and Safety Code Section 1797.196 are met.

          3)Specifies that immunity does not apply to those injuries or  
            deaths that occur as a result of 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. 

          4)Specifies that if a public school or school district complies  
            with the requirements of Health and Safety Section 1797.196,  
            the public school or school district shall be covered by Civil  
            Code Section 1714.21 and shall not be liable for any civil  
            damages resulting from any act or omission in the rendering of  
            the emergency care or treatment.

          5)Specifies that this section does not alter the requirements of  








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            Health and Safety Code Section 1797.196, which speaks to the  
            immunity from liability if certain conditions pertaining to  
            the operation and maintenance of the AEDs are met.

           The Senate amendments  :
           
          1)Delete the language that expresses the intent of the  
            Legislature that encourages all public schools to acquire and  
            maintain at least one AED.


          2)Make technical and non-substantive changes to these sections.


           FISCAL EFFECT  : According to the Senate Appropriations Committee,  
          this bill has no state costs.

           COMMENTS  :  According to the author, the majority of California's  
          children spend around 14,000 hours away from their parents and  
          under the supervision of the state while they receive an  
          education at California's K-12 public schools.  While under this  
          supervision, parents should be confident that their children are  
          protected.  Additionally, according to the author, during the  
          school year, 20% of America's population spends at least part of  
          their day on a school property. According to the American Heart  
          Association, sudden cardiac arrest kills over 300,000 people a  
          year and is the leading cause of death in the United States.  

          Medical experts opine that the key to survival is timely  
          initiation of a "chain of survival," including cardiopulmonary  
          resuscitation (CPR) and the use of an AED.  Trained non-medical  
          personnel can use these simplified electronic machines to treat  
          a person in cardiac arrest.  The AED device guides the user  
          through the process by audible or visual prompts without  
          requiring any discretion or judgment.  The American Heart  
          Association notes that at least 20,000 lives could be saved  
          annually by prompt use of AEDs.  Ultimately, with broad  
          deployment of AEDs among trained responders, as many as 50,000  
          deaths due to sudden cardiac arrest could be prevented each  
          year.  With this in mind, this bill encourages all public  
          schools to acquire and maintain at least one AED.

          In extending immunity from civil damages to a school district  
          and its employees when using an AED, the author intends to  
          encourage schools to acquire these life-saving devices.  This  








                                                                  AB 2217
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          bill is intended to provide certainty to school districts and  
          their employees if an AED is used on campus they are immune from  
          civil liability and thereby encourage the acquisition of AEDs to  
          promote public safety.  Further, this bill permits a school to  
          receive non-state funds to remove any financial barriers the  
          school may face in acquiring and maintaining an AED and training  
          their employees in the use of an AED.


           Analysis prepared by  :    Jill Rice / ED. / (916)319-2087


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