BILL NUMBER: AB 299 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2015
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 amended, 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
nonfatal 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 nonfatal drowning for
which the entity, department, or first responder provides services
or investigates and for which a person is treated or
hospitalized for respiratory distress . The bill would require
the form to be submitted to the department, and as
specified. department and each local county health
department. The bill would require the department and those entities
to compile specified data from those forms and to post that data
annually on their Internet Web sites.
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. This act shall be known and may be
cited as the Brandon Patrick Water Safety Act.
SECTION 1. SEC. 2. 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 nonfatal 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. For the "type of dwelling," the
form shall include an additional question as to whether the dwelling
was a "house, apartment, or other____ (specify)."
(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. whether a
flotation device was worn by the victim, and the circumstances that
led to the drowning or nonfatal drowning. For those
"circumstances," the form shall include an additional question as to
whether "drugs, alcohol, trauma, a preexisting condition, or
other____ (specify)" led to, or were involved in, the drowning
or nonfatal drowning.
(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.
For the "water type," the form shall include an additional
question as to whether the water type was a "pool, spa, lake, river,
pond, bathtub, ocean, or other____ (specify)."
(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. For purposes of this paragraph, the form shall also
include the following:
(A) An additional question as to whether the supervisor at the
time of incidence was the victim's "mother, father, babysitter,
relative, or other ____ (specify)."
(B) With regard to whether a child protective services referral
has been made, a "Yes or No" to be printed, for the person filling
out the form to circle.
(C) The question, "Was submersion witnessed?"
(D) The question, "Was there a trained lifeguard on duty?"
(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. For purposes of this paragraph, the form shall also
include the following:
(A) The question, "Was there a working barrier?"
(B) The question, "Was there a secondary barrier in working order
around the water (or pool)?"
(C) The question, "Were there other barriers?"
(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. For purposes of this paragraph, the form
shall also include the following:
(A) The question, "Who pulled the victim out of the water?"
(B) The question, "Was CPR performed?"
(C) The question, "If CPR was performed, was the person CPR
trained?"
(D) The question, "If CPR was performed, what type of CPR was
performed? Chest compression only, rescue breathing only, or both?"
(b) (1) 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
at the scene for every drowning or near drowning
person who is treated or hospitalized for respiratory
distress from submersion or immersion in liquid 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. the local
county health department. This form is not required for persons
rescued and released who do not have signs or symptoms of respiratory
distress.
(2) Based upon the forms received pursuant to paragraph (1), the
department and each local county health department shall compile and
distribute statistical information on those drownings and nonfatal
drownings by posting that information on their Internet Web sites on
an annual basis by February 1 of each year.
(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 telephone number, facsimile number, or
electronic mail address.
(e) For purposes of this section, the following
definitions terms shall have the following
meanings:
(1) "Department" means the State Department of Public Health.
(2) "Drowning" means the process of experiencing respiratory
impairment from submersion or immersion in liquid.
(2)
(3) "First responder" includes, but is not limited to,
any entity that arranges for, or provides, emergency medical services
within its boundaries, including paramedic services
lifeguards .
(4) "Nonfatal drowning" means survival after drowning.
SEC. 2. SEC. 3. 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.