BILL NUMBER: AB 1719 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2016
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.
(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.
Existing law requires the adopted course of study for grades 7 to 12,
inclusive, to include courses in specified areas of study.
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 on in
performing compression-only 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.
(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.
(2) Existing
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 a local
agency, entity of state or local government, or other public or
private organization that sponsors, authorizes, supports, finances,
or supervises, and a public school teacher
employee who instructs provides or
facilitates, the instruction of pupils in
compression-only cardiopulmonary resuscitation using
an instructional program based on national evidence-based emergency
cardiovascular care guidelines for the performance of cardiopulmonary
resuscitation or the use of an automated external
defibrillator pursuant to the bill shall not be
liable for any civil damages alleged to result from the acts or
omissions of a pupil an individual who
received instruction on cardiopulmonary resuscitation by
that teacher. such instruction.
(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 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.
SEC. 2. 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. 3. SEC. 2. 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
compression-only 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
compression-only CPR, such as those developed by the American
Heart Association or the American Red Cross.
(2) Training for Instruction to
pupils relative to the psychomotor skills necessary to perform
compression-only 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 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
compression-only 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.
(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.
(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.
(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.
SEC. 4. 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.