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 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 in performing compression-only cardiopulmonary resuscitation as part of a course required to be offered, as provided.begin insert The bill would require this instruction to be provided to a pupil only one time.end 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. 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.
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 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 employee who provides or facilitates, the instruction of pupils in compression-only 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 an individual who received suchbegin delete instruction.end deletebegin insert
instruction, except as provided.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:
Section 51202 of the Education Code is amended
2to read:
The adopted course of study shall provide instruction
4at the appropriate elementary and secondary grade levels and
5subject areas in personal and public safety and accident prevention,
6including emergency first aid instruction, instruction in hemorrhage
7control, treatment for poisoning, resuscitation techniques, and
8cardiopulmonary resuscitation when appropriate equipment is
9available or when instruction is required pursuant to Section
1051225.6; fire prevention; the protection and conservation of
11resources, including the necessity for the protection of our
12environment; and health, including venereal disease and the effects
13of alcohol, narcotics, drugs, and tobacco upon the human body.
14The health instruction may include prenatal
care for pregnant
15women and violence as a public health issue.
Section 51225.6 is added to the Education Code, to
17read:
(a) Commencing with the 2018-19 school year, the
19governing board of a school district, and the governing body of a
20charter school, offering instruction to pupils in grades 9 to 12,
21inclusive, shall provide instruction in performing compression-only
22cardiopulmonary resuscitation (CPR) as part of a course offered
23in any of grades 9 to 12, inclusive, that is required pursuant to this
24begin delete article.end deletebegin insert article or that is required by the governing board of a
25school district pursuant to paragraph (2) of subdivision (a) of
26Section 51225.3.end insert This instructionbegin insert
shall be provided to a pupil only
27one time andend insert shall include both of the following:
28(1) An instructional program based on national evidence-based
29emergency cardiovascular care guidelines for the performance of
30compression-only CPR, such as those developed by the American
31Heart Association or the American Red Cross.
32(2) Instruction to pupils relative to the psychomotor skills
33necessary to perform compression-only CPR. For purposes of this
34paragraph, “psychomotor skills” means skills that pupils are
35required to perform as hands-on practice to support cognitive
36learning.
37(b) Before the commencement of the 2017-18 school year, the
38department shall provide guidance on how to implement
this
P4 1section, including, but not limited to, who may provide instruction
2pursuant to this section.
3(c) The governing board of a school district or the governing
4body of a charter school is encouraged to provide to pupils general
5information on the use and importance of an automated external
6defibrillator (AED). The physical presence of an AED in the
7classroom is not required.
8(d) The governing board of a school district or the governing
9body of a charter school may adopt policies to implement this
10section.
11(e) (1) The governing board of a school district or the governing
12body of a charter school providing instruction
in performing
13
compression-only CPR or information on the use of an AED
14pursuant to this section is encouraged to use the most cost-effective
15means possible to implement that requirement.
16(2) This section shall not be construed to require the governing
17board of a school district or the governing body of a charter school
18to make any purchases, including, but not limited to, purchasing
19an AED.
20(f) (1) A local agency, entity of state or local government, or
21other public or private organization that sponsors, authorizes,
22supports, finances, or supervises the instruction of pupils in
23compression-only CPR or the use of an AED pursuant to this
24section shall not be liable for any civil damages alleged to result
25from the acts or omissions of an individual who received
such
26instruction.
27(2) A public employee who provides or facilitates the instruction
28of pupils in compression-only CPR or the use of an AED pursuant
29to this section shall not be liable for any civil damages alleged to
30result from the acts or omissions of an individual who received
31such instruction.
32(3) This subdivision shall not be construed to grant immunity
33from civil damages to any person who provides or facilitates the
34instruction of pupils in compression-only CPR or the use of an
35AED in a manner that constitutes gross negligence or willful or
36wanton misconduct.
If the Commission on State Mandates determines that
38this act contains costs mandated by the state, reimbursement to
39local agencies and school districts for those costs shall be made
P5 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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