Bill Text: CA AB939 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Pupil and school personnel health: automatic external defibrillators.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2013-08-30 - In committee: Held under submission. [AB939 Detail]

Download: California-2013-AB939-Introduced.html

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BILL NUMBER: AB 939	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Melendez

                        FEBRUARY 22, 2013

   An act to add Section 49416 to the Education Code, relating to
pupil health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 939, as introduced, Melendez. Pupil and personnel health:
automatic external defibrillators.
   Existing law authorizes a school district or school to provide a
comprehensive program in first aid or cardiopulmonary resuscitation
training, or both, to pupils and employees, and requires the program
to be developed using specified guidelines.
   This bill would state the intent of the Legislature that all
public schools acquire and maintain at least one automatic external
defibrillator (AED). The bill would authorize a public school to
solicit and receive nonstate funds to acquire and maintain an AED. If
a public school decides to acquire and maintain an AED, or continue
to use and maintain an existing AED, the bill would authorize and
encourage the school to comply with specified requirements. The bill
would provide that an employee and the school district are not liable
for civil damages resulting from specified uses or nonuses of an
AED, except as provided.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 49416 is added to the Education Code, to read:
   49416.  (a) It is the intent of the Legislature that all public
schools acquire and maintain at least one automatic external
defibrillator (AED).
    (b) A public school may solicit and receive nonstate funds to
acquire and maintain an AED. These funds shall only be used to
acquire and maintain an AED and to provide training to school
employees regarding use of an AED. If a public school decides to
acquire and maintain an AED, or continue to use and maintain an
existing AED, the school may, and is encouraged to, do all of the
following:
   (1) Place an AED in a centralized location on campus for the
purpose of preventing deaths resulting from sudden cardiac arrests
among pupils, faculty, and visitors.
   (2) Have the AED available for use at a school-sponsored athletic
event. The AED placed in a centralized location on campus may serve
as the AED that is available for use at school-sponsored athletic
events that occur at the school campus.
    (3) Maintain records of both of the following:
   (A) That the AED is maintained and regularly tested according to
the operation and maintenance guidelines set forth by the
manufacturer.
   (B) That the AED is checked for readiness after each use and at
least once every 30 days if the AED has not been used during the
preceding 30 days.
   (4) Prepare a written medical emergency preparedness plan that
describes the procedures to be followed in the event of a medical
emergency that may involve the use of an AED. The written plan may
include, but is not limited to, immediate calling of the emergency
911 telephone number when an AED is used.
   (5) Require all school employees expected to administer an AED in
an emergency to complete a training course in cardiopulmonary
resuscitation and AED use that complies with the regulations adopted
by the Emergency Medical Services Authority and the standards of the
American Heart Association or the American Red Cross. A trained
school employee may administer an AED in accordance with the school's
medical emergency preparedness plan.
   (c) (1) An employee of a school district who renders emergency
care or treatment pursuant to this section is not liable for civil
damages resulting from the use, attempted use, or nonuse of an AED,
except as provided in paragraph (3).
   (2) If an employee of a school district uses, attempts to use, or
does not use an AED consistent with the requirements of this section,
to render emergency care or treatment, the employee, school
district, or both are not liable for civil damages resulting from any
act or omission in rendering the emergency care or treatment,
including the use or nonuse of an AED, except as provided in
paragraph (3).
   (3) Paragraphs (1) and (2) shall 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.
   (d) For purposes of this section, a "school-sponsored athletic
event" means a school-sponsored extracurricular athletic activity,
which includes practice for and competition in an interscholastic
athletic sporting event held at any location, including a nonpublic
school facility.