BILL ANALYSIS Ó
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: AB 333 Hearing Date: June 22,
2015
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|Author: |Melendez |
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|Version: |April 30, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Sarah Huchel |
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Subject: Healing arts: continuing education.
SUMMARY: Authorizes a healing arts licensee to apply credits toward
continuing education (CE) requirements for becoming an
instructor and teaching a course on cardiopulmonary
resuscitation (CPR) or the proper use of an automated external
defibrillator (AED).
Existing law:
1) Provides for the licensure and regulation of various healing
arts licensees by boards within the Department of Consumer
Affairs (DCA) and imposes CE requirements for license
renewal. (Business and Professions Code (BPC) §§
500-4999.129)
2)Requires the Director of the DCA to establish guidelines for
mandatory CE administered by the boards under the DCA,
including, among other things, the CE's relevancy to the
occupation. (BPC § 166)
3)States that topics and subject matter for all CE shall be
pertinent to the practice of psychology. Course or learning
material must have a relevance or direct application to a
consumer of psychological services. (Title 16, California
Code of Regulations (CCR) § 1397.61 (c)(2))
4)Requires health studios to acquire, maintain, and train
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personnel in the use of an AED. (Health and Safety Code
(HSC) § 104113)
5)Requires that CPR and AED training for lay rescuers comply
with the American Heart Association or American Red Cross CPR
and AED guidelines.
(Title 22 CCR § 100038)
6)States that it is unprofessional conduct for a dentist with
patients who are undergoing conscious sedation to have dental
office personnel directly involved with the care of those
patients who are not certified in basic cardiac life support
(CPR) and recertified biennially. (BPC § 1682)
7)Requires at least one director or teacher at each day care
center and each family day care home to have CPR training.
(HSC § 1596.866)
This bill:
1)Authorizes a healing arts licensee who is required to complete
CE units as a condition of renewing his or her license to,
once per renewal cycle, apply one unit of CE credit for
attending a course that results in the licensee becoming a
certified instructor of CPR or the proper use of an AED.
2)Declares the following courses eligible for the CE credit:
a) An instructional program developed by the American Heart
Association.
b) An instructional program developed by the American Red
Cross.
c) 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 use of an AED.
3)Authorizes a healing arts licensee who is required to complete
CE units as a condition of renewing his or her license to,
once per renewal cycle, apply up to two units of CE credit for
conducting a CPR or AED training session for employees of
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school districts and community college districts in the
California.
4)States that a licensee may only apply CE credits for holding a
training session if the training session is approved by the
licensee's board.
5)States that this bill shall not apply to healing arts licensee
if the applicable licensing board's laws or regulations
exclude this bill's courses or training from applying to CE
requirements.
FISCAL
EFFECT: This bill is keyed "fiscal" by Legislative counsel.
According to the Assembly Appropriations analysis dated May 13,
2015, this bill will incur minor and absorbable costs to healing
arts boards within the DCA to adjust CE protocols to accept or
exclude this training.
COMMENTS:
1.Purpose. This bill is Author sponsored. According to the
Author's office, "AB 333 would allow licensed medical
professionals to receive one CE credit for becoming a licensed
instructor in CPR and the proper use of an AED. They would
also receive up to two credits for conducting CPR/AED training
sessions for employees of K-12 and college districts.
"While training is not required for AED operation, it provides
a chance for school faculty and staff to become familiar with
the device and its operation, resulting in an increase in
comfort and familiarity with the device.
"AB 333 creates a cost-neutral incentive that would benefit
both the instructor and school which results in school
officials being more likely to utilize an AED in a real world
medical situation."
2.Background. California law requires teachers to take a CPR
class as part of the qualifications for a teaching credential.
AEDs are not required in K-12 schools or community colleges,
but many have them. AED technology has adapted to the point
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that most of the models available in public spaces do not
require training to use safely.
This bill would allow healing arts licensees to apply credits
toward their professional education requirements for becoming
an AED or CPR instructor and two credits for teaching an AED
or CPR class unless the regulatory board specifically states
otherwise.
CE credits are intended to further the professional knowledge
in a licensee's profession. While CPR and AEDs are related to
healthcare, it is unclear as to the direct nexus between
training K-12 and community college employees and advancing
professional education. Further, it is unclear as to the
nature and extent of the purported shortage of AED and CPR
teachers. While the Author's office asserts that "pro bono
instructors and training resources are in short supply and
many of the private alternatives are cost prohibitive," no
evidence or data has been submitted in support.
While this bill gives regulatory boards some discretion
regarding the acceptance of the credits, it is effectively an
"opt-out" rather than an "opt-in." This bill requires boards
to affirmatively declare that AED and CPR trainings are not
allowed via statute or regulation, which would require each
board to either sponsor a bill or submit a regulatory package,
at great time and expense.
3.Related Legislation. AB 2217 (Melendez), Chapter 812,
Statutes of 2014, authorizes a public school to solicit and
receive non-state funds to acquire and maintain an AED. The
bill provides that the employees of the school district are
not liable for civil damages resulting from certain uses,
attempted uses, or non uses of an AED, except as provided.
AB 1312 (Swanson) of 2009, would have extended the requirements
to acquire an automatic external defibrillator to July 1, 2014
for health studios. The bill also, beginning July 1, 2010,
applies these requirements and this immunity to golf courses
and amusement parks, as defined. ( Status . This bill was
vetoed by the Governor.)
4.Arguments in Support. The American Red Cross writes, "AEDs
are used to treat the effects of sudden cardiac arrest, which
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is triggered by an electrical malfunction in the heart - with
the heart unable to pump blood to the brain, lungs, and other
vital organs, death can happen in minutes. Each year nearly
424,000 people experience sudden cardiac arrest outside the
hospital. Only 10% of these individuals survive. Encouraging
school employees to be prepared in time of emergency,
including the use of an AED, can save lives."
5.Arguments in Opposition. The California Board of Psychology
writes, "Current law specifies that CE must incorporate either
aspects of the discipline that are fundamental to the practice
of the profession, aspects of the discipline where significant
recent developments have occurred, or aspects of other
disciplines that enhance the understanding or practice of the
profession?.
"While CPR/AED training is important, it cannot be argued that
it is fundamental to, or enhances the understanding of, the
practice of psychology. Licensees may engage in many
important and beneficial activities, but only those that are
directly relevant to the practice of psychology should count
towards the renewal of the license."
The Board of Behavioral Sciences writes, "The Board does not
believe that CPR or AED training is fundamental to the
practice of psychotherapy. While it appreciates the
amendments attempting to clarify that the coursework would
count only if the licensee's licensing entity allows the
coursework, the Board believes this bill could lead to
confusion among the Board's licensees about whether or not the
coursework is acceptable."
SUPPORT AND OPPOSITION:
Support:
American Red Cross
Opposition:
California Board of Psychology
Board of Behavioral Sciences
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