Amended in Assembly April 30, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 319

Introduced by Assembly Member Rodriguez

(Coauthors: Assembly Members Cooley, begin insert Cooper, Cristina end insert begin insert  Garcia, end insert Maienschein, begin insert Mayes, end insert McCarty, begin insert O end insert begin insert ’Donnell, end insert Waldron, and Wood)

begin delete (Coauthor: Senator Anderson) end delete begin insert (Coauthors: Senators Anderson and Stone) end insert

February 13, 2015

An act to amend begin delete Sections 49413 and end delete begin insert Section end insert 51202 of, and to add Section 51225.6 to, the Education Code, relating to pupil instruction.

LEGISLATIVE COUNSEL’S DIGEST

AB 319, as amended, 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.

begin delete

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.

end delete

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 begin delete require end delete begin insert require, commencing with the 2017-18 academic year, end insert 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:

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SECTION 1.  

Section 49413 of the Education Code is amended
to read:

49413.  

(a) (1) The Legislature 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, shall provide a comprehensive
program in first aid 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 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 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.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

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 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.

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

Section 51225.6 is added to the Education Code, to
read:

51225.6.  

(a)  begin delete The end delete begin insert Commencing with the 2017-18 academic
year, the end insert 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 begin delete graduation. end delete begin insert graduation pursuant to
paragraph (1) of subdivision (a) Section 51225.3, or a course
required by the local governing board of a school district for
graduation pursuant to paragraph (2) of subdivision (a) Section
51225.3. end insert 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. begin delete Pupils
receiving online instruction to satisfy the requirements of this
section shall not be required to perform hands-on practice. end delete

(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.

begin insert

(6) An instructor certified to teach CPR by the American Red
Cross or the American Heart Association, or an instructor certified
to teach 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.

end insert

(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.

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

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.