BILL NUMBER: AB 319 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Rodriguez
(Coauthors: Assembly Members Cooley, Maienschein, McCarty,
Waldron, and Wood)
(Coauthor: Senator Anderson)
FEBRUARY 13, 2015
An act to amend Sections 49413 and 51202 of, and to add Section
51225.6 to, the Education Code, relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
AB 319, as introduced, Rodriguez. Pupil instruction:
cardiopulmonary resuscitation.
Existing law authorizes a school district or school to provide a
comprehensive program in first aid or cardiopulmonary resuscitation
training, or both, to pupils and employees in accordance with
specified guidelines.
This bill would instead require a school district or school to
provide a comprehensive program in first aid and cardiopulmonary
resuscitation training to pupils and employees in accordance with
specified guidelines, thereby imposing a state-mandated local
program.
Existing law establishes a list of courses that a pupil in a
school district is required to complete in grades 9 to 12, inclusive,
in order to receive a diploma of graduation from high school,
including 2 courses in physical education unless exempted.
This bill would require the governing board of a school district,
and the governing body of a charter school, offering instruction to
pupils in grades 9 to 12, inclusive, to provide instruction on
performing cardiopulmonary resuscitation and the use of an automated
external defibrillator as part of a physical education course or
another course required for graduation, as provided. The bill would
also make conforming changes to a related code section. By imposing
additional requirements on school districts and charter schools, the
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. Section 49413 of the Education Code is amended to read:
49413. (a) (1) The Legislature
recognizes the importance of first aid and cardiopulmonary
resuscitation training. In enacting this section, it is the intent of
the Legislature to encourage school districts and schools,
individually or jointly, to develop a program whereby their staff and
pupils understand the importance of this training and have an
appropriate opportunity to develop these skills. finds
and declares all of the following:
(A) Sudden cardiac arrest is the leading cause of death in the
United States.
(B) Less than 8 percent of people who suffer cardiac arrest
outside the hospital survive.
(C) Effective bystander cardiopulmonary resuscitation (CPR)
provided immediately after sudden cardiac arrest can double or triple
a victim's chance of survival, but only 32 percent of cardiac arrest
victims get CPR from a bystander.
(2) In enacting this section, it is the intent of the Legislature
to save lives by giving high school pupils the opportunity to develop
psychomotor CPR skills.
(b) A school district or school, individually or jointly with
another school district or school, may shall
provide a comprehensive program in first aid or
cardiopulmonary resuscitation (CPR) training, or both,
and CPR training to pupils and employees. The program shall be
developed using the following guidelines:
(1) The school district or school collaborates with existing local
resources, including, but not limited to, parent teacher
associations, hospitals, school nurses, fire departments, and other
local agencies that promote safety, to make first aid or CPR
training, or both, and CPR training available
to the pupils and employees of the school district or school.
(2) Each school district that develops a program, or the school
district that has jurisdiction over a school that develops a program,
compiles a list of resources for first aid or CPR
information, to be distributed to all of the schools in the
district.
(3) The first aid and CPR training are based on standards that are
at least equivalent to the standards currently used by the American
Red Cross or the American Heart Association.
SEC. 2. Section 51202 of the Education Code is amended to read:
51202. The adopted course of study shall provide instruction at
the appropriate elementary and secondary grade levels and subject
areas in personal and public safety and accident prevention,
including emergency first aid instruction, instruction in hemorrhage
control, treatment for poisoning, resuscitation techniques, and
cardiopulmonary resuscitation when appropriate equipment is
available; available or when required pursuant to
Section 51225.6; fire prevention; the protection and
conservation of resources, including the necessity for the protection
of our environment; and health, including venereal disease and the
effects of alcohol, narcotics, drugs, and tobacco upon the human
body. The health instruction may include prenatal care for pregnant
women and violence as a public health issue.
SEC. 3. Section 51225.6 is added to the Education Code, to read:
51225.6. (a) The governing board of a school district, and the
governing body of a charter school, offering instruction to pupils in
grades 9 to 12, inclusive, shall provide instruction in performing
cardiopulmonary resuscitation (CPR) and the use of an automated
external defibrillator (AED) as part of a physical education course
or another course required for graduation. This instruction shall
include all of the following:
(1) An instructional program developed by the American Heart
Association or the American Red Cross, or an instructional program
that is nationally recognized and based on the most current national
evidence-based emergency cardiovascular care guidelines for the
performance of CPR and the use of an AED.
(2) Training for pupils relative to the psychomotor skills
necessary to perform CPR. For purposes of this paragraph,
"psychomotor skills" means skills that pupils are required to perform
as hands-on practice to support cognitive learning. Pupils receiving
online instruction to satisfy the requirements of this section shall
not be required to perform hands-on practice.
(3) General information on the use and importance of an AED. The
physical presence of an AED in the classroom is not required.
(b) Except as specified in subparagraph (B) of paragraph (5),
instruction required pursuant to this section may be provided by a
person who is certified in CPR and who is any of the following:
(1) A health care provider licensed pursuant to Division 2
(commencing with Section 500) of the Business and Professions Code,
the Osteopathic Initiative Act, as set forth in Chapter 8 (commencing
with Section 3600) of Division 2 of the Business and Professions
Code, or the Chiropractic Initiative Act, as set forth in Chapter 2
(commencing with Section 1000) of Division 2 of the Business and
Professions Code.
(2) A person certified pursuant to the Emergency Medical Services
System and the Prehospital Emergency Medical Care Personnel Act
(Division 2.5 (commencing with Section 1797) of the Health and Safety
Code).
(3) A peace officer, as defined in Section 830 of the Penal Code.
(4) A firefighter, defined as any regularly employed and paid
officer, employee, or member of a fire department or fire protection
or firefighting agency of the State of California, a city, a county,
a city and county, a district, or other public or municipal
corporation or political subdivision of this state or member of an
emergency reserve unit of a volunteer fire department or fire
protection district.
(5) (A) A teacher.
(B) A teacher shall not be required to be certified in CPR to
facilitate, provide, or oversee instruction pursuant to this section
for training that does not provide CPR certification.
(c) If it is in accordance with the laws, rules, or regulations
governing his or her profession, a person who provides instruction
pursuant to subdivision (b) may apply the hours spent performing
instruction toward fulfilling professional requirements for
performing community service.
(d) The governing board of a school district or the governing body
of a charter school may adopt regulations to implement this section.
SEC. 4. 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.