BILL ANALYSIS �
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THIRD READING
Bill No: AB 2217
Author: Melendez (R), et al.
Amended: 8/18/14 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 7-0, 6/18/14
AYES: Liu, Wyland, Block, Correa, Hancock, Huff, Monning
SENATE JUDICIARY COMMITTEE : 7-0, 6/24/14
AYES: Jackson, Anderson, Corbett, Lara, Leno, Monning, Vidak
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 77-0, 5/27/14 - See last page for vote
SUBJECT : Automated external defibrillator
SOURCE : Author
DIGEST : This bill authorizes schools to solicit and receive
non-state funds for automatic external defibrillator (AED), and
clarifies those schools and school employees are not civilly
liable when acting in good faith.
ANALYSIS :
Existing law:
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1. 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:
A. Complies with all regulations governing the placement
of a defibrillator.
B. Ensures all of the following:
(1) The defibrillator is maintained and
regularly tested, as specified.
(2) The defibrillator is checked for readiness,
as specified.
(3) 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.
(4) For every defibrillator acquired up to five
units, at least one person per defibrillator must
complete training, as specified.
(5) A written plan is in place that describes
the procedures to follow in the event of an
emergency.
C. When a defibrillator is placed in a public or private
K-12 school, a school principal is required to:
(1) 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.
(2) Annually notify school employees as to the
location of all defibrillators on the campus.
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(3) 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.
2. 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 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.
3. 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.
4. 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 specific requirements.
5. 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.
This bill:
1. 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 an AED and to
provide training to school employees regarding use of an AED.
2. Specifies that a school employee, who complies with existing
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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, except as provided.
3. 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, except as
provided.
4. Provides that liability for civil damages do 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.
5. Provides that the provisions do not alter existing law
regarding the acquisition, placement and notification about
an AED on school campus.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
According to the Senate Appropriations Committee, no state
costs.
SUPPORT : (Per Senate Education Committee analysis of 6/18/14;
unable to reverify at time of writing)
American Heart Association
American Stroke Association
Association of California School Administrators
California Association of Joint Powers Authorities
California State Council Emergency Nurses Association
California State PTA
Civil Justice Association of California
Emergency Medical Services Administrators Association
Napa County Board of Supervisors
ASSEMBLY FLOOR : 77-0, 5/27/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
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Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Perea, John A. P�rez, V.
Manuel P�rez, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Patterson, Quirk-Silva, Vacancy
PQ:JG:d 8/17/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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