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

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-Amended.html

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BILL NUMBER: AB 939	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2013

INTRODUCED BY   Assembly Member Melendez

                        FEBRUARY 22, 2013

   An act to add Section 49416 to the Education Code,   and to
amend Section 1797.196 of the Health and Safety Code,   relating
to pupil health.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 939, as amended, 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. 
   Existing law requires the principal of a public or private K-12
school with an automatic external defibrillator (AED) to ensure that
certain school employees annually receive approved brochures
describing the proper use of an AED and that similar information be
posted next to every AED, to notify, at least annually, every school
employee of the location of all AED units on the campus, and to
designate the trained employees who shall be available to respond to
an emergency that may involve the use of an AED, as specified. 
   This bill would state the intent of the Legislature  that
  to encourage  all public schools  to 
acquire and maintain at least one  automatic external
defibrillator (AED)   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   the school
district is  not liable for civil damages resulting from
 specified   certain  uses or nonuses of an
AED, except as provided.  The bill would recast the requirements
on a public or private K-12 school principal relating to AEDs, as
described above, in the Education Code. 
   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
  to encourage  all public schools  to 
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  
all  school-sponsored athletic  event.  
events.  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) 
    (c)     (1)  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   school district is  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).   (2). 

   (3) Paragraphs (1) and (2) shall 
    (2)     Paragraph (1) 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. 
   (e) When an AED is placed in a public or private K-12 school, the
principal shall do all of the following:  
   (1) Ensure that all school administrators and staff annually
receive a brochure, approved as to content and style by the American
Heart Association or the American Red Cross, that describes the
proper use of an AED. The principal shall also ensure that similar
information is posted next to every AED.  
   (2) Notify, at least annually, all school employees of the
location of all AED units on the campus.  
   (3) Designate the trained employees who shall be available to
respond to an emergency that may involve the use of an AED during
normal operating hours. As used in this paragraph, "normal operating
hours" means during the hours of classroom instruction and any
school-sponsored activity occurring on school grounds. 
   SEC. 2.    Section 1797.196 of the   Health
and Safety Code   is amended to read: 
   1797.196.  (a) For purposes of this section, "AED" or
"defibrillator" means an automated or automatic external
defibrillator.
   (b) In order to ensure public safety, any person or entity that
acquires an AED is not liable for any civil damages resulting from
any acts or omissions in the rendering of the emergency care under
subdivision (b) of Section 1714.21 of the Civil Code, if that person
or entity does all of the following:
   (1) Complies with all regulations governing the placement of an
AED.
   (2) Ensures all of the following:
   (A) That the AED is maintained and regularly tested according to
the operation and maintenance guidelines set forth by the
manufacturer, the American Heart Association, and 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.
   (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 in the
preceding 30 days. Records of these checks shall be maintained.
   (C) That any person who renders emergency care or treatment on a
person in cardiac arrest by using an AED activates the emergency
medical services system as soon as possible, and reports any use of
the AED to the licensed physician and to the local EMS agency.
   (D) For every AED unit acquired up to five units, no less than one
employee per AED unit shall complete a training course in
cardiopulmonary resuscitation and AED use that complies with the
regulations adopted by the Emergency Medical Service Authority and
the standards of the American Heart Association or the American Red
Cross. After the first five AED units are acquired, for each
additional five AED units acquired, one employee shall be trained
beginning with the first AED unit acquired. Acquirers of AED units
shall have trained employees who should be available to respond to an
emergency that may involve the use of an AED unit during normal
operating hours.
   (E) That there is a written plan that describes the procedures to
be followed in the event of an emergency that may involve the use of
an AED, to ensure compliance with the requirements of this section.
The written plan shall include, but not be limited to, immediate
notification of 911 and trained office personnel at the start of AED
procedures.
   (3) When an AED is placed in a building, building owners shall
ensure that tenants annually receive a brochure, approved as to
content and style by the American Heart Association or American Red
Cross, which describes the proper use of an AED, and also ensure that
similar information is posted next to any installed AED.
   (4) When an AED is placed in a building, no less than once a year,
building owners shall notify their tenants as to the location of AED
units in the building. 
   (5) When an AED is placed in a public or private K-12 school, the
principal shall ensure that the school administrators and staff
annually receive a brochure, approved as to content and style by the
American Heart Association or the American Red Cross, that describes
the proper use of an AED. The principal shall also ensure that
similar information is posted next to every AED. The principal shall,
at least annually, notify school employees as to the location of all
AED units on the campus. The principal shall designate the trained
employees who shall be available to respond to an emergency that may
involve the use of an AED during normal operating hours. As used in
this paragraph, "normal operating hours" means during the hours of
classroom instruction and any school-sponsored activity occurring on
school grounds. 
   (c) Any person or entity that supplies an AED shall do all of the
following:
   (1) Notify an agent of the local EMS agency of the existence,
location, and type of AED acquired.
   (2) Provide to the acquirer of the AED all information governing
the use, installation, operation, training, and maintenance of the
AED.
   (d) A violation of this provision is not subject to penalties
pursuant to Section 1798.206.
   (e) The protections specified in this section do not apply in the
case of personal injury or wrongful death that results from the gross
negligence or willful or wanton misconduct of the person who renders
emergency care or treatment by the use of an AED.
   (f) Nothing in this section or Section 1714.21 of the Civil Code
 may   shall  be construed to require a
building owner or a building manager to acquire and have installed an
AED in any building.