Keenan Briefings

Briefing

Tracking AB 387: Proposed Changes to AED Access Requirements

The Neveah Youth Sports Safety Act (Act) was enacted in 2023 and subsequently amended in 2025 to require youth sports organizations to ensure access to an automated external defibrillator (AED) during any official practices or competitions beginning January 1, 2028. The AED may be administered by a medical professional, coach, or other qualified individual.

Assembly Bill 387 (AB 387) proposes additional amendments to the Act that would affect AED access at public and private facilities with permanent sports infrastructure.

For purposes of the bill, "permanent sports infrastructure" is defined as a fixed, contemporary facility or structure designed and maintained for the purpose of hosting organized sports activities that is regularly permitted, rented, leased, or otherwise granted permission of use for youth sports programs.

Where a facility does not provide an AED, the youth sports organization would remain responsible for ensuring that an operational AED is available throughout the duration of each official practice or competition.

AB 387 was passed in the legislature and has not yet been signed into law, but the bill’s language has been finalized.

AB 387 requirements

AB 387 proposes to amend Section 124238 and 12438.5 of the Health and Safety Code. The bill specifically clarifies what it means for a Local Education Agency (LEA) to "procure and maintain" an AED.

An LEA would be deemed to have procured and maintained an AED if:

• The AED is located in the same common area of the building where the official practice or competition is taking place;
• The AED is located on the same outdoor field where the official practice or competition is taking place; or
• The AED is mounted externally on a building and is reasonably accessible to users of the facility.

Importantly, AB 387 clarifies that an LEA would not be required to keep staff on-site solely to provide access to an AED.

Many LEAs that already maintain and test AEDs pursuant to existing statutory requirements would be considered compliant with the bill's requirements.

Additionally, the bill now states that a public or private facility that installs an AED should work collaboratively with youth sports organizations to identify ways to share the costs associated with AED installation and maintenance.

Liability concerns

AB 387 does not require a public or private local facility to procure or install an AED, nor are they required to operate or administer the AED in the event of a cardiac emergency or suspected cardiac emergency. Furthermore, AB 387 specifically states that the bill is not meant to impose a mandatory obligation on LEAs or private entities, and any available immunities will still be applicable.

However, it is important to note that this would only apply in the case where the facility is being used by a youth sports organization. LEAs should still follow their safety and emergency procedures in cases where a cardiac emergency occurs during school hours or school-sponsored activities.

Considerations for LEAs

While responsibility for providing an AED generally remains with the youth sports organization, LEAs may have compliance obligations when AEDs located on district property are made available to outside organizations.

Although the bill has only been presented to the Governor for signature, LEAs may wish to begin evaluating their AED programs and preparedness efforts in anticipation of potential changes.

Preparing for potential compliance

While AB 387 remains pending, LEAs may consider reviewing current AED practices and ensuring compliance with existing requirements. Recommended actions include:

• Conduct inspections of all AEDs on district property at least every 90 days, or as required by the manufacturer and applicable state or federal regulations.
• Test AEDs at least twice annually and following each use.
• Notify the local Emergency Medical Services (EMS) agency of the existence, location, and type of any newly acquired AED.
• AEDs should be strategically placed and readily available to deliver life-saving emergency care within three to five minutes of a sudden cardiac arrest, consistent with California Education Code Section 35179.6 and American Heart Association recommendations.
• Ensure that AED operating instructions are posted adjacent to each device and printed in at least 14-point type.

Legislative status

AB 387 has been presented to the governor for signature. The Governor’s deadline to sign or veto bills presented is on September 30.

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