California Legislature—2015–16 Regular Session

Assembly BillNo. 333


Introduced by Assembly Member Melendez

February 13, 2015


An act to amend Section 49417 of the Education Code, relating to pupil health.

LEGISLATIVE COUNSEL’S DIGEST

AB 333, as introduced, Melendez. Pupil health: automated external defibrillators.

Existing law authorizes a public school to solicit and receive nonstate funds to acquire and maintain an automated external defibrillator (AED). Existing law provides that the employees of the school district are not liable for civil damages resulting from certain uses, attempted uses, or nonuses of an AED, except as provided. Existing law provides that a public school or school district that complies with certain requirements related to an AED 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.

This bill would make a nonsubstantive change to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 49417 of the Education Code is amended
2to read:

3

49417.  

(a) A public school may solicit and receive nonstate
4funds to acquire and maintain an automated external defibrillator
P2    1(AED). These funds shall only be used to acquire and maintain an
2AED and to provide training to school employees regardingbegin insert theend insert
3 use of an AED.

4(b) Except as provided in subdivision (d), if an employee of a
5school district complies with Section 1714.21 of the Civil Code
6in rendering emergency care or treatment through the use,
7attempted use, or nonuse of an AED at the scene of an emergency,
8the employee shall not be liable for any civil damages resulting
9from any act or omission in the rendering of the emergency care
10or treatment.

11(c) Except as provided in subdivision (d), if a public school or
12school district complies with the requirements of Section 1797.196
13of the Health and Safety Code, the public school or school district
14shall be covered by Section 1714.21 of the Civil Code and shall
15not be liable for any civil damages resulting from any act or
16omission in the rendering of the emergency care or treatment.

17(d) Subdivisions (b) and (c) do not apply in the case of personal
18injury or wrongful death that results from gross negligence or
19willful or wanton misconduct on the part of the person who uses,
20attempts to use, or maliciously fails to use an AED to render
21emergency care or treatment.

22(e) This section does not alter the requirements of Section
231797.196 of the Health and Safety Code.



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