BILL NUMBER: AB 1719 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 16, 2016
INTRODUCED BY Assembly Member Rodriguez
(Coauthors: Assembly Members Cooley, Mayes, 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
academic 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 and the use of an
automated external defibrillator as part of a
course required for graduation,
course, as provided. 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. 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 academic
school 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)
and the use of an automated external defibrillator (AED)
as part of a course required 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 pursuant to paragraph (2) of
subdivision (a) Section 51225.3. this article.
This instruction shall include all both
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
based on national evidence-based emergency
cardiovascular care guidelines for the performance of CPR
and the use of an AED. CPR, such as those developed by
the American Heart Association or the American Red Cross.
(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.
(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 Before the commencement of
the 2017-18 school year, the department shall provide
guidance on how to implement this section, including, but not limited
to, who may provide instruction pursuant to this
section may be provided by a person who is certified in CPR and who
is any of the following: section. The department may
consider an individual in any of the following categories
to provide instruction:
(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.
(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. CPR.
(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.
(7) Any other provider of instruction in performing CPR, as
determined by the department.
(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.
(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
information on 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.
(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.
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.