BILL ANALYSIS Ó
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
AB 2217
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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
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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
FN: 0005062