BILL NUMBER: AB 1719	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2016
	AMENDED IN ASSEMBLY  MARCH 16, 2016

INTRODUCED BY   Assembly Member Rodriguez
   (Coauthors: Assembly Members Cooley,  Kim,  
Maienschein,   Mathis,  Mayes, O'Donnell, and Waldron)
   (Coauthor: Senator Anderson)

                        JANUARY 27, 2016

   An act  to amend Section 1714.2 of the Civil Code, and 
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 
    (1)     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
  2018-19 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, to provide
instruction on performing cardiopulmonary resuscitation as part of a
 required course,   course required to be
offered,  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. 
   (2) Existing law provides that no person who is certified to
instruct in cardiopulmonary resuscitation by either the American
Heart Association or the American Red Cross shall be liable for any
civil damages alleged to result from the acts or omissions of an
individual who received instruction on cardiopulmonary resuscitation
by that certified instructor.  
   This bill would provide that no public school teacher who
instructs pupils in cardiopulmonary resuscitation using an
instructional program based on national evidence-based emergency
cardiovascular care guidelines for the performance of cardiopulmonary
resuscitation shall be liable for any civil damages alleged to
result from the acts or omissions of a pupil who received instruction
on cardiopulmonary resuscitation by that teacher.  
    The 
    (3)     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 1714.2 of the   Civil
Code   is amended to read: 
   1714.2.  (a) In order to encourage citizens to participate in
emergency medical services training programs and to render emergency
medical services to fellow citizens, no person who has completed a
basic cardiopulmonary resuscitation course  which 
 that  complies with the standards adopted by the American
Heart Association or the American Red Cross for cardiopulmonary
resuscitation and emergency cardiac care, and who, in good faith,
renders emergency cardiopulmonary resuscitation at the scene of an
emergency shall be liable for any civil damages as a result of any
acts or omissions by such person rendering the emergency care.
   (b) This section shall not be construed to grant immunity from
civil damages to any person whose conduct in rendering such emergency
care constitutes gross negligence.
   (c) In order to encourage local agencies and other organizations
to train citizens in cardiopulmonary resuscitation techniques, no
local agency, entity of state or local government, or other public or
private organization  which   that 
sponsors, authorizes, supports, finances, or supervises the training
of citizens in cardiopulmonary resuscitation shall be liable for any
civil damages alleged to result from such training programs.
   (d)  (1)   In order to encourage qualified
individuals to instruct citizens in cardiopulmonary resuscitation, no
person who is certified to instruct in cardiopulmonary resuscitation
by either the American Heart Association or the American Red Cross
shall be liable for any civil damages alleged to result from the acts
or omissions of an individual who received instruction on
cardiopulmonary resuscitation by that certified instructor. 
   (2) (A) No public school teacher who instructs pupils in
cardiopulmonary resuscitation using an instructional program based on
national evidence-based emergency cardiovascular care guidelines for
the performance of cardiopulmonary resuscitation, such as the
guidelines developed by the American Heart Association or the
American Red Cross, shall be liable for any civil damages alleged to
result from the acts or omissions of a pupil who received instruction
on cardiopulmonary resuscitation by that teacher.  
   (B) For purposes of this paragraph, "public school" means a county
office of education, school district, state special school, or
charter school. 
   (e) This section shall not be construed to grant immunity from
civil damages to any person who renders such emergency care to an
individual with the expectation of receiving compensation from the
individual for providing the emergency care.
   SECTION 1.   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
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.   SEC. 3.   Section 51225.6 is
added to the Education Code, to read:
   51225.6.  (a) Commencing with the  2017-18  
2018-19  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) as part of a course
 offered in any of grades 9 to 12, inclusive, that is 
required pursuant to this article. This instruction  may consist
solely of instruction   in compression-only CPR and 
shall include both of the following:
   (1) An instructional program based on national evidence-based
emergency cardiovascular care guidelines for the performance of 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.
   (b) 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. 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 teacher.
   (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 national evidence-based emergency cardiovascular care
guidelines for the performance of CPR.
   (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  
policies  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.   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.