California Assembly Bill AB939 Amended / Bill

 BILL NUMBER: AB 939AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 9, 2013 AMENDED IN ASSEMBLY APRIL 29, 2013 INTRODUCED BY Assembly Member Melendez  (   Coauthor:   Assembly Member   Buchanan   )  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 to encourage all public schools to acquire and maintain at least one 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 the school district  is   and employees of the school district are  not liable for civil damages resulting from certain uses  , attempted 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,   AEDs  in the Education Code  but instead require that a principle designate only school employees who volunteer to be designated as AED volunteers to respond to an emergency that may involve the use of an AED  . 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 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 all school-sponsored athletic 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.  However, school employees shall not be requested or required to pay for any of the training pursuant to this section.  (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 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 (2).  However, an employee of a school district who complies with Section 1714.21 of the Civil Code in rendering emergency care or treatment through the use, attempted use, or nonuse of an AED at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission in rendering the emergency care or treatment.  (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.   only school employees who volunteer to be designated as AED volunteers to respond to an emergency that may involve the use of an AED.  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.  However school employees shall not be requested or required to pay for any of the training pursuant to this section.  (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. (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 shall be construed to require a building owner or a building manager to acquire and have installed an AED in any building.