BILL ANALYSIS �
AB 939
Page 1
Date of Hearing: May 24, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 939 (Melendez) - As Amended: May 9, 2013
Policy Committee: Education
Vote:5-0
Judiciary 10-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill expresses legislative intent to encourage all public
schools to maintain at least one automatic external
defibrillator (AED), and establishes requirements once schools
obtain the AED. Specifically, this bill:
1)Authorizes a public school to solicit and receive nonstate
funds to maintain an AED. Further requires these funds to
only be used to maintain the AED and provide training to
school employees.
2)Authorizes a public school, if it decides to maintain an AED,
to do the following:
a) Place the AED in a centralized location on campus.
b) Have the AED available for use at all school-sponsored
athletic events.
c) Keep maintenance records and inspect regulary.
d) Prepare a written medical emergency preparedness plan
that describes the procedures to be followed in the event
of a medical emergency involving an AED, as specified.
e) Require all school employees expected to administer an
AED to complete a training course in cardiopulmonary
resuscitation (CPR), as specified.
FISCAL EFFECT
GF/98 cost pressure, likely between $700,000 and $1 million, to
public schools to purchase an AED, train staff, and maintain
records. These costs are not state reimbursable mandated costs
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because the provisions of this bill are not required by school
districts. This measure, however, deems a school district not
liable for damages as a result of its personnel using or not
using the AED, but only if the use is consistent with the
requirements of this bill. Therefore, it appears that at least
some provisions of the bill must be followed by the districts
and schools.
There are over 9,000 public schools in the state. Actual costs
will depend on the number of schools that do not have an AED and
whether or not they choose to train staff on its use.
SUMMARY CONTINUED
3)Deems the school district not liable for civil damages
resulting from any act or omission in providing emergency care
or treatment if an employee uses, attempts to use, or does not
use an AED consistent with the requirements of this measure.
4)Specifies the non-liability language referenced above does not
apply in the case of personal injury or wrongful death that
results from gross negligence, as specified.
5)Requires the principal of a public or private K-12 school
(when an AED is placed there) to do all of the following:
a) Ensure that all schoolsite personnel annually receive a
brochure approved by the American Heart Association (AHA)
or the American Red Cross (ARC) that describes the proper
use of an AED.
b) Notify at least annually, all school employees of the
location of the AED on campus.
c) Designate only school employees who volunteer to be
designated as AED volunteers to respond to an emergency
that may involve the use of an AED.
COMMENTS
1)Rationale . An AED is a portable device that automatically
delivers an electric shock (i.e., defibrillation) to the heart
in a cardiac emergency to restore a normal heart rhythm.
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
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education at California's K-12 public schools. While under
this supervision, parents should be confident that their
children are protected. 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.
Though many of these 300,000 deaths could have been saved with
the use of an AED.
"While children are at school they should be protected from
this epidemic, but schools are reluctant to acquire an AED due
to existing law. Existing law does not clearly protect school
districts from any civil damages if an AED is used in good
faith, on campuses, making schools reluctant to obtain an AED
because of the threat of unaffordable lawsuits."
2)Existing law, under the Health and Safety Code , establishes
provisions that ensure any person or entity that acquires an
AED is not liable for civil damages resulting from providing
emergency care if that person or entity complies with all
regulations governing the placement of an AED and makes the
following assurances:
a) Regular maintenance/testing of an AED.
b) Any person who provides emergency care/treatment using
an AED activates the emergency medical services system as
soon as possible.
c) Requires, for every AED unit acquired up to five units,
no less than one employee per AED to complete training, as
specified.
d) Have a written plan that describes procedures to be
followed in an emergency situation that requires the use of
an AED, as specified.
Statute further requires building owners, when an AED is in
their building, to ensure tenants annually receive a brochure
approved by the AHA or the ARC on the AED, as specified.
Building owners are also required to notify their tenants of
the AED's location at least once a year.
Current law requires the principal of a public or private K-12
school, when an AED is placed in his or her school, to (a)
ensure all schoolsite personnel annually receive a brochure
approved by the AHA or the ARC that describes the proper use
of an AED; (b) notify at least annually, all school employees
of the location of the AED on campus; and (c) designate
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trained employees to be available to respond to an emergency
that may involve the use of an AED during normal operating
hours. Statue defines normal operating hours as the hours of
classroom instruction and any school sponsored activity
occurring on school grounds. This measure deletes these
provisions and reconstitutes them, with modifications, in the
Education Code.
This bill models the provisions of this Health and Safety
statute with modifications for public schools, as specified.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081