Amended in Assembly April 21, 2016

Amended in Assembly April 11, 2016

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, Kim, Maienschein, Mathis, Mayes, O'Donnell, and Waldron)

(Coauthor: Senator Anderson)

January 27, 2016

An act begin delete to amend Section 1714.2 of the Civil Code, and end delete 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.

(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. begin 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. end delete begin insert Existing law requires the adopted course of study for grades 7 to 12, inclusive, to include courses in specified areas of study. end insert

This bill would require, commencing with the 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 begin delete on end delete begin insert in end insert performing begin insert compression-only end insert cardiopulmonary resuscitation as part of a 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.

begin insert

(2) Existing law provides that no local agency, entity of state or local government, or other public or private organization 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.

end insert begin delete

(2) Existing

end delete

begin insert Existing end insert 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 begin delete no end delete begin insert a local agency, entity of state or local government, or other public or private organization that sponsors, authorizes, supports, finances, or supervises, and a end insert public begin delete school teacher end delete begin insert employee end insert who begin delete instructs end delete begin insert provides or facilitates, the instruction of end insert pupils in begin insert compression-only end insert cardiopulmonary resuscitation begin delete using an instructional program based on national evidence-based emergency cardiovascular care guidelines for the performance of cardiopulmonary resuscitation end delete begin insert or the use of an automated external defibrillator pursuant to the bill end insert shall begin insert not end insert be liable for any civil damages alleged to result from the acts or omissions of begin delete a pupil end delete begin insert an individual end insert who received begin delete instruction on cardiopulmonary resuscitation by that teacher. end delete begin insert such instruction. end insert

(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:

begin delete

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 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 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.

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 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.

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) Commencing with the 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 begin insert compression-only end insert
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 begin delete may consist solely of instruction in
compression-only CPR and end delete shall include both of the following:

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

(2)  begin delete Training for end delete begin insert Instruction to end insert pupils relative to the psychomotor
skills necessary to perform begin insert compression-only end insert 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. begin delete The department may consider an individual
in any of the following categories to provide instruction: end delete

begin delete

(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.

end delete

(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 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
begin insert compression-only end insert 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.

begin delete

(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 delete begin insert

(f) (1) A local agency, entity of state or local government, or
other public or private organization that sponsors, authorizes,
supports, finances, or supervises the instruction of pupils in
compression-only CPR or the use of an AED pursuant to this
section shall not be liable for any civil damages alleged to result
from the acts or omissions of an individual who received such
instruction.

end insert begin insert

(2) A public employee who provides or facilitates the instruction
of pupils in compression-only CPR or the use of an AED pursuant
to this section shall not be liable for any civil damages alleged to
result from the acts or omissions of an individual who received
such instruction.

end insert begin insert

(3) This subdivision shall not be construed to grant immunity
from civil damages to any person who provides or facilitates the
instruction of pupils in compression-only CPR or the use of an
AED in a manner that constitutes gross negligence or willful or
wanton misconduct.

end insert

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.