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Automated External Defibrillators (AED) in Schools - Member Alert AB 2009 - Oct 2018 and NEW AB 1595 Sep 2019

Previous legislation, AB 2009 (September 2018) Effective July 1, 2019, states; "any school district or charter school, that elects to offer any interscholastic athletic program, shall acquire at least one AED for each school within the district and place the AED within 3-5 minutes of any athletic event.  Additionally, each district or charter school must ensure that there is a written emergency action plan in place that describes the location and procedures to be followed in the event of sudden cardiac arrest and other medical emergencies related to the athletic program’s activities or events."

See Member Alert Automated External DEFIBRILLATORS (AED) in Schools - AB 2009 - Oct 2018 for further information. 

New legislation, AB 1595 (September 2019) provides additional clarification as follows:  

Commencing July 1, 2019, if a school district or charter school elects to offer any interscholastic athletic program, the school district or the charter school shall acquire at least one AED for each school that participates in the program within the jurisdiction of the school district or the charter school. The school district or the charter school is encouraged to ensure that the AED or AEDs are available for the purpose of rendering emergency care or treatment within a recommended three to five minutes of sudden cardiac arrest to pupils, spectators, and any other individuals in attendance at the athletic program’s on-campus activities or events, and shall ensure that the AED or AEDs are available to athletic trainers and coaches and authorized persons at these activities or events.

Additionally, AB 1595 states the following:

(2) (A) If a school district or charter school elects to offer any interscholastic athletic program, the school district or charter school shall require personnel with a valid certification of cardiopulmonary resuscitation training that includes the instruction described in subdivision (c) of Section 44277 to be present at the athletic program’s on-campus activities or events at all times.

(B) A school district or charter school shall not require personnel not otherwise required by law or the bylaws of the California Interscholastic Federation to hold a valid certification of cardiopulmonary resuscitation training to obtain that training for purposes of complying with subparagraph (A), unless it has been negotiated as part of a collective bargaining process.

See Member Alert - Automated External DEFIBRILLATORS (AED) in Schools - UPDATE AB 1595- September 2019, for further information. 

Employee notification letter template (doc)

Cardiac Emergency Response Plan Template from the American Heart Association

AED DISPENSER INSTALLATION ACCESSIBILITY CONSIDERATIONS - Oct 2018

Current law: SB 658 provides immunity to civil liability for the following:

  1. Any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an AED at the scene of an emergency (we’ll call this person a “described user”).
  2. A person or entity who provides CPR and AED training to a described user.
  3. A person or entity that acquires an AED for such emergency use by a described user, if the acquirer has complied with subdivision (b) of Section 1797.196 of the Health and Safety Code.
  4. Any physician and surgeon or other health care professional that is involved in the selection, placement, or installation of an AED later used by a described user.

According to section 1797.196, immunity for the acquiring person or entity requires:

  1. Compliance with all regulations governing the placement of an AED.
  2. Notifying an agent of the local EMS agency of the existence, location, and type of AED acquired.
  3. Maintaining and testing the AED according to the manufacturer’s operation and maintenance guidelines.
  4. Testing the AED at least biannually and after each use.
  5. Inspecting all AEDs on the premises at least every 90 days for potential issues related to operability of the device.
  6. Keeping records of the maintenance and testing required by the statute to demonstrate compliance.

When an AED is placed in a K-12 school, section 1797.196 imposes the following requirements:

  • The principal shall ensure that the school administrators and staff annually receive information that describes:
    • sudden cardiac arrest,
    • the school’s emergency response plan,
    • the proper use of an AED,
    • and the location of all AED units on the campus
  • The principal shall also ensure that instructions, in no less than 14-point type, on how to use the AED are posted next to every AED.

According to section 1797.196, immunity for an owner of any other building where an AED is installed (presumably including COE and school district buildings other that K-12 schools) requires the building owner do all of the following:

  1. At least once a year, notify workers or other users of the building as to the location of the AED units and provide information about who such persons can contact if they want to voluntarily take AED or CPR training.
  2. At least once a year, offer a demonstration to at least one person associated with the building so that the person can be walked through how to use an AED properly in an emergency. The building owner may arrange for the demonstration or partner with a nonprofit organization to do so.
  3. Next to the AED, post instructions, in no less than 14-point type, on how to use the AED.

Resources:

National Federation of State High School Associations – Guidelines for an Emergency Action Plan

California Interscholastic Federation – Emergency Action Plan Information

CIF Sudden Cardiac Arrest Information: