Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 333

Introduced by Assembly Member Melendez

February 13, 2015

begin delete An act to amend Section 49417 of the Education Code, relating to pupil health. end delete begin insert An act to add Section 856 to the Business and Professions Code, relating to healing arts. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 333, as amended, Melendez. begin delete Pupil health: automated external defibrillators. end delete begin insert Healing arts: continuing education. end insert

begin insert

Existing law provides for the licensure and regulation of various healing arts licensees by various boards, as defined, within the Department of Consumer Affairs and imposes various continuing education requirements for license renewal.

end insert begin insert

This bill would allow specified healing arts licensees to apply one unit, as defined, of continuing education credit towards any required continuing education units for attending a course that results in the licensee becoming a certified instructor of cardiopulmonary resuscitation (CPR) or the proper use of an automated external defibrillator (`AED), and would allow specified healing arts licensees to apply up to 2 units of continuing education credit towards any required continuing education units for conducting CPR or AED training sessions for employees of school districts and community college districts in the state.

end insert begin delete

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.

end delete begin delete

This bill would make a nonsubstantive change to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 856 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 856. end insert   

(a) A person licensed pursuant to this division who is
required to complete continuing education units as a condition of
renewing his or her license may apply one unit of continuing
education credit towards that requirement for attending a course
that results in the licensee becoming a certified instructor of
cardiopulmonary resuscitation (CPR) or the proper use of an
automated external defibrillator (AED).

(b) A person licensed pursuant to this division who is required
to complete continuing education units as a condition of renewing
his or her license may apply up to two units of continuing education
credit towards that requirement for conducting CPR or AED
training sessions for employees of school districts and community
college districts in the state.

(c) For purposes of this section, “unit” means any measurement
for continuing education, such as hours or course credits.

end insert

begin delete

SECTION 1.  

Section 49417 of the Education Code is amended
to read:

49417.  

(a) A public school may solicit and receive nonstate
funds to acquire and maintain an automated external defibrillator
(AED). These funds shall only be used to acquire and maintain an
AED and to provide training to school employees regarding the
use of an AED.

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

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

(d) Subdivisions (b) and (c) do not 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.

(e) This section does not alter the requirements of Section
1797.196 of the Health and Safety Code.

end delete