BILL NUMBER: AB 299 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2015
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 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, within 72 hours
for every drowning or 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 each local county
health department. The bill would require local county health
departments to send aggregated data quarterly to the department.
The bill would require the department and those
entities each local county health department 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.
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 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, 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 the first responder at
the scene , within 72 hours, for every 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 the local county health department. Local
county health departments shall send aggregated data quarterly to the
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,
telephone number, facsimile number, or electronic mail address.
(e) For purposes of this section, the following 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.
(3) "First responder" includes, but is not limited to,
any entity that arranges for, or provides, emergency medical services
within its boundaries, including lifeguards. means an
authorized registered nurse or mobile intensive care nurse,
emergency medical technician-I, emergency medical technician-II,
emergency medical technician-paramedic, lifeguard,
firefighter, or peace officer, as defined or described by Section
1797.56, 1797.80, 1797.82, 1797.84, 1797.182, or 1797.183,
respectively, or a physician and surgeon who provides prehospital
emergency medical care or rescue services as an official member of a
designated prehospital system.
(4) "Nonfatal drowning" means survival after drowning.
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.