BILL NUMBER: AB 299	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Brown

                        FEBRUARY 12, 2015

   An act to add Article 7 (commencing with Section 116090.5) to
Chapter 5 of Part 10 of Division 104 of the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 299, as introduced, Brown. Public health: drownings.
   Existing law establishes the State Department of Public Health in
state government. Existing law vests within the department certain
duties and powers to protect and preserve the public health. Existing
law provides for the regulation of recreational water use, as
specified, including, but not limited to, swimming pools and wave
pools.
   This bill would require the State Department of Public Health to
create, by regulation, a submersion incident report form for the
reporting of all statewide drownings or near drownings, as specified.
The bill would require the form to be used and completed by every
local law enforcement entity, fire department, and any other first
responder, as defined, for every drowning or near drowning for which
the entity, department, or first responder provides services or
investigates. The bill would require the form to be submitted to the
department, and as specified.
   By imposing additional duties on local entities, this bill would
impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Article 7 (commencing with Section 116090.5) is added
to Chapter 5 of Part 10 of Division 104 of the Health and Safety
Code, to read:

      Article 7.  Drownings


   116090.5.  (a) The department shall, by regulation, create a
submersion incident report form for the reporting of all statewide
drownings or near drownings for use as required pursuant to this
section. The form shall, at a minimum, include all of the following:
   (1) The title, "Submersion Incident Report Form."
   (2) A box to be filled in entitled, "Basic Incident Information"
to include the date of incident, time of incident, address of
incident, and type of dwelling.
   (3) A box to be filled in entitled, "Victim Information" to
include the age and gender of the victim, the victim's race or
ethnicity, where the victim was last seen, the estimated length of
time submersed, the type of clothing worn by the victim, and whether
alcohol or drug use was involved.
   (4) A box to be filled in entitled, "Water Source Information" to
include a description of the site of incident, water clarity, water
depth, water type, whether there were toys or objects in the water,
and, if applicable, whether the pool or spa was built before 1998.
   (5) A box to be filled in entitled, "Adult Supervision" to include
a description of who the supervisor was at the time of, or prior to,
the incident, and whether a child protective services referral was
made.
   (6) A box to be filled in entitled, "Barrier Information" to
include whether water barriers, other barriers, or an alarm were
present or activated and information on how the water was accessed by
the victim.
   (7) A box to be filled in entitled, "Classes/Emergency Preparation"
to include whether rescue equipment was near the water, whether
cardiopulmonary resuscitation was performed and, if so, by whom,
whether the victim ever took swim classes, and whether the victim was
dead on the scene.
   (b) The form created pursuant to subdivision (a) shall be used and
completed by every local law enforcement entity, fire department,
and any other first responder for every drowning or near drowning for
which the entity, department, or first responder provides services
or investigates. After completion, the form shall be submitted to the
department and to any other entity within the city, county, or city
and county that requires the collection of drowning information or
near drowning information.
   (c) The department shall make the form available on its Internet
Web site in a manner that allows every city, county, and city and
county to download the form and use it as their official form for
purposes of subdivision (b).
   (d) Notwithstanding subdivision (c), every city, county, and city
and county may also affix its official logo to the form and its
official contact information, including, but not limited to, phone
number, facscimile number, or electronic mail address.
   (e) For purposes of this section, the following definitions shall
have the following meanings:
   (1) "Department" means the State Department of Public Health.
   (2) "First responder" includes, but is not limited to, any entity
that arranges for, or provides, emergency medical services within its
boundaries, including paramedic services.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.