Amended in Assembly March 16, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1719

Introduced by Assembly Member Rodriguez

(Coauthors: Assembly Members Cooley, begin insert Mayes, end insert O'Donnell, and Waldron)

(Coauthor: Senator Anderson)

January 27, 2016

An act to amend Section 51202 of, and to add Section 51225.6 to, the Education Code, relating to pupil instruction.

LEGISLATIVE COUNSEL’S DIGEST

AB 1719, 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. 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.

This bill would require, commencing with the 2017-18 begin delete academic end delete year, 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 begin delete and the use of an automated external defibrillator end delete as part of a begin delete course end delete required begin delete for graduation, end delete begin insert course, end insert as provided. begin insert The bill would encourage those entities to provide to pupils general information on the use and importance of an automated external defibrillator. The bill would require the State Department of Education to provide guidance on how to implement these provisions, including, but not limited to, who may provide instruction. end insert 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 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 instruction is 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. 2.  

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

51225.6.  

(a) Commencing with the 2017-18 begin delete academic end delete begin insert school end insert
year, 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) begin delete and the use of an automated
external defibrillator (AED) end delete as part of a course required begin delete for
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 end delete pursuant to begin delete paragraph (2) of
subdivision (a) Section 51225.3. end delete begin insert this article. end insert This instruction shall
include begin delete all end delete begin insert both end insert of the following:

(1) An instructional program begin delete 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 end delete begin insert based
on end insert national evidence-based emergency cardiovascular care
guidelines for the performance of begin delete CPR and the use of an AED. end delete
begin insert CPR, such as those developed by the American Heart Association
or the American Red Cross. end insert

(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

(3) General information on the use and importance of an AED.
The physical presence of an AED in the classroom is not required.

end delete

(b)  begin delete Except as specified in subparagraph (B) of paragraph (5),
instruction required end delete begin insert Before the commencement of the 2017-18
school end insert begin insert year, the department shall provide guidance on how to
implement this section, including, but not limited to, who may
provide instruction end insert pursuant to this begin delete section may be provided by a
person who is certified in CPR and who is any of the following: end delete
begin insert section. The department may consider an individual in any of the
following categories to provide instruction: end insert

(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)  begin delete (A) end delete begin delete   end delete A teacher.

begin delete

(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.

end delete

(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 begin delete the most current end delete national evidence-based emergency
cardiovascular care guidelines for the performance of begin delete CPR and
the use of an AED. end delete begin insert CPR. end insert

begin delete

(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.

end delete begin insert

(7) Any other provider of instruction in performing CPR, as
determined by the department.

end insert begin insert

(c) The governing board of a school district or the governing
body of a charter school is encouraged to provide to pupils general
information on the use and importance of an automated external
defibrillator (AED). The physical presence of an AED in the
classroom is not required.

end insert

(d) The governing board of a school district or the governing
body of a charter school may adopt regulations to implement this
section.

(e) (1) The governing board of a school district or the governing
body of a charter school providing instruction in performing CPR
or begin insert information on end insert the use of an AED pursuant to this section is
encouraged to use the most cost-effective means possible to
implement that requirement.

(2) This section shall not be construed to require the governing
board of a school district or the governing body of a charter school
to make any purchases, including, but not limited to, purchasing
an AED.

begin insert

(f) An entity providing, or overseeing the provision of,
instruction in performing CPR or information on the use of an
AED pursuant to this section may be exempt from civil liability,
as applicable and except as specified, pursuant to Section 1714.2
or 1714.21 of the Civil Code, respectively.

end insert

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.