Bill Text: CA AB2009 | 2017-2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Interscholastic athletic programs: school districts: written emergency action plans: automated external defibrillator.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2018-09-21 - Chaptered by Secretary of State - Chapter 646, Statutes of 2018. [AB2009 Detail]

Download: California-2017-AB2009-Introduced.html

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CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2009

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Introduced by Assembly Member Maienschein

February 01, 2018

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An act to add Sections 35179.4 and 35179.6 to the Education Code, relating to interscholastic athletic programs.

LEGISLATIVE COUNSEL'S DIGEST

AB 2009, as introduced, Maienschein. Interscholastic athletic programs: school districts: written emergency action plans: automated external defibrillator.

Existing law establishes a system of public elementary and secondary schools operated by local educational agencies throughout this state. Under existing law, public and private secondary schools participate in interscholastic sports, and are authorized to enter into associations or consortia to enact and enforce rules relating to eligibility for, and participation in, these activities.

Existing law 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.

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 an employee of the school district is 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.

If a school district elects to offer any interscholastic athletic program, this bill would require the school district to (1) ensure that there is an emergency action plan in place that describes the procedures to be followed in the event of medical emergencies related to the athletic program’s practices, conditioning exercises, and competitions, (2) acquire, commencing July 1, 2019, an AED for the purpose of rendering emergency care or treatment at athletic practices, conditioning exercises, and competitions that are under the jurisdiction of, or sponsored or controlled by, the school district, as specified, and (3) ensure that the AED is maintained and regularly tested, as specified. The bill would expressly state that an employee of a school district is not liable for civil damages resulting from certain uses, attempted uses, or nonuses of an AED in the rendering of emergency care or treatment pursuant to the bill’s provisions, except as provided. The bill would expressly state 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 emergency care or treatment pursuant to the bill’s provisions, except as provided.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 35179.4 is added to the Education Code, to read:

35179.4.

 If a school district elects to offer any interscholastic athletic program, the governing board of the school district shall ensure that there is a written emergency action plan in place that describes the procedures to be followed in the event of medical emergencies related to the athletic program’s practices, conditioning exercises, and competitions.

SEC. 2.

 Section 35179.6 is added to the Education Code, to read:

35179.6.

 (a)  For purposes of this section, an “AED” is an automated external defibrillator.

(b) Commencing July 1, 2019, if a school district elects to offer any interscholastic athletic program, the school district shall acquire an AED for the purpose of rendering emergency care or treatment to pupils, spectators, and any other individuals in attendance at extracurricular athletic practices, conditioning exercises, or competitions under the jurisdiction of, or sponsored or controlled by, the school district and ensure its availability to athletic trainers and coaches and authorized persons at these athletic practices, conditioning exercises, and competitions.

(c) Subdivision (b) of Section 49417 shall apply for purposes of determining whether an employee of a school district is liable for any civil damages resulting from his or her use, attempted use, or nonuse of an AED in the rendering of emergency care or treatment pursuant to this section.

(d) Subdivision (c) of Section 49417 shall apply for purposes of determining whether a public school or school district is liable for any civil damages resulting from any act or omission in the rendering of emergency care or treatment pursuant to this section.

(e) In order to ensure public safety, a school district that elects to offer any interscholastic athletic program shall ensure that its AED is maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, the American Heart Association, or the American Red Cross, and according to any applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority.

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