BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: AB 2217
AUTHOR: Melendez
AMENDED: May 6, 2014
FISCAL COMM: No HEARING DATE: June 18, 2014
URGENCY: No CONSULTANT:Lynn Lorber
NOTE: This bill has been referred to the Committees on
Education and Judiciary. A "do pass" motion should include
referral to the Committee on Judiciary.
SUBJECT : Automatic external defibrillators.
SUMMARY
This bill encourages schools to acquire and maintain at least
one automatic external defibrillator, authorizes schools to
solicit and receive non-state funds for automatic external
defibrillators, and clarifies that schools and school
employees are not civilly liable when acting in good faith.
BACKGROUND
The Education Code is silent relative to the acquisition,
maintenance, or use of automatic external defibrillators.
Current law states that any person or entity that acquires a
defibrillator is not liable for any civil damages resulting
from any acts or omissions in the rendering of the emergency
care if that person or entity does all of the following:
1) Complies with all regulations governing the placement of
a defibrillator.
2) Ensures all of the following:
a) The defibrillator is maintained and
regularly tested, as specified.
b) The defibrillator is checked for
readiness, as specified.
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c) Any person who uses the defibrillator
activates the emergency medical services system and
reports any use of the defibrillator to the licensed
physician and local Emergency Medical Services
agency.
d) For every defibrillator acquired up
to five units, at least one person per defibrillator
must complete training, as specified.
e) A written plan is in place that
describes the procedures to follow in the event of
an emergency.
3) When a defibrillator is placed in a public or private
K-12 school, a school principal is required to :
a) Ensure administrators and staff
annually receive a brochure describing the proper
use of the defibrillator. The brochure is required
to be approved as to contents and style by the
American Heart Association or the American Red
Cross. The principal is also required to ensure
that similar information is posted next to every
defibrillator.
b) Annually notify school employees as
to the location of all defibrillators on the campus.
c) Designate the trained employees who
shall be available to respond to an emergency that
may involve the use of a defibrillator during the
hours of classroom instruction and during any
school-sponsored activity occurring on school
grounds.
(Health and Safety Code � 1797.196)
Current law:
1) Authorizes school districts to provide specified medical
services in connection with athletic events that are
under the jurisdiction of, or sponsored or controlled by,
school districts. These services include medical or
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hospital insurance for pupils injured while participating
in athletic activities, and ambulance service for pupils,
instructors, spectators, and other individuals in
attendance at athletic activities. (Education Code �
49470-49474.)
2) Provides that any person who, in good faith and not for
compensation, renders emergency care or treatment by the
use of a defibrillator at the scene of an emergency is
not liable for any civil damages resulting from any acts
or omissions in rendering the emergency care.
(Civil Code � 1714.21)
3) Provides that a person or entity that acquires a
defibrillator for emergency use is not liable for any
civil damages resulting from any acts or omissions in the
rendering of the emergency care by use of a
defibrillator, if that person or entity has complied with
the requirements listed in #1-3 above. (Civil Code �
1714.21)
4) Provides that the above protections do not apply in the
case of personal injury or wrongful death that result
from the gross negligence or willful or wanton misconduct
of the person who renders emergency care or treatment by
the use of a defibrillator. (Civil Code � 1714.21)
ANALYSIS
This bill encourages schools to acquire and maintain at least
one automatic external defibrillator (AED), authorizes schools
to solicit and receive non-state funds for automatic external
defibrillators, and clarifies that schools and school
employees are not civilly liable when acting in good faith.
Specifically, this bill:
1) States legislative intent to encourage all public schools
to acquire and maintain at least one AED.
2) Authorizes public schools to solicit and receive
non-state funds to acquire and maintain an AED, and
requires those funds to be used only to acquire and
maintain and AED and to provide training to school
employees regarding use of an AED.
3) Specifies that a school employee who complies with
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existing law regarding rendering emergency care and
treatment in good faith and not for compensation, is not
liable for any civil damages resulting from any act or
omission in the rendering of the emergency care or
treatment.
4) Specifies that a school or school district that complies
with existing law regarding the acquisition, placement
and notification about an AED on school campus is not
liable for any civil damages resulting from any act or
omission in the rendering of the emergency care or
treatment.
5) Provides that #3 does 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.
6) Provides that this bill does not alter existing law
regarding the acquisition, placement and notification
about an AED on school campus.
STAFF COMMENTS
1) Permissive Education Code . This bill encourages and
authorizes schools to take actions that may already be
undertaken under existing law, and therefore this bill
appears unnecessary.
2) Information and training . Current law (Health and Safety
Code) requires a school principal to take specific action
when an automatic external defibrillator (AED) is placed
in the school, including ensuring staff annually receive
a brochure describing the proper use of an AED, annually
notifying staff of the location of the AED, and
designating the trained employees who are to be available
to respond to an emergency that may involve the use of an
AED. This bill does not change those provisions.
3) Liability . Existing Civil Code provisions provide
immunity from civil damages for any person or entity that
acquires a defibrillator for emergency use, and any
person who, in good faith and not for compensation,
renders emergency care or treatment by the use of a
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defibrillator at the scene of an emergency. These
protections do not apply in the case of personal injury
or wrongful death that result from the gross negligence
or willful or wanton misconduct of the person who renders
emergency care or treatment by the use of a
defibrillator.
This bill clarifies that a school employee who complies with
existing law regarding rendering emergency care and
treatment in good faith and not for compensation, is not
liable for any civil damages resulting from any act or
omission in the rendering of the emergency care or
treatment.
This bill also clarifies that a school or school district that
complies with existing law regarding the acquisition,
placement and notification about an AED on school campus
is not liable for any civil damages resulting from any
act or omission in the rendering of the emergency are or
treatment.
4) Fiscal impact . According to the Assembly Appropriations
Committee, this bill could impose General Fund and
Proposition 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 because the provisions of
this bill are not required by school districts.
5) Prior legislation . AB 939 (Melendez, 2013) was similar
to this bill but also encouraged schools that have an AED
to take specified actions. AB 939 was held in the Senate
Appropriations Committee.
SB 63 (Price, 2011) would have required public high schools to
meet specific requirements if the school chose to have an
AED, including ensuring training of employees,
maintenance of the AED, and record keeping. SB 63 was
held in the Senate Appropriations Committee.
SUPPORT
American Heart Association
American Stroke Association
Association of California School Administrators
California Association of Joint Powers Authorities
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California State Council Emergency Nurses Association
California State PTA
Civil Justice Association of California
Emergency Medical Services Administrators Association
Napa County Board of Supervisors
OPPOSITION
None on file.