Amended in Senate August 16, 2016

Amended in Senate June 22, 2016

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, Salas, and Waldron)

(Coauthor: Senator Anderson)

January 27, 2016

An act begin delete to amend Section 51202 of, and end delete to add Section 51225.6 begin delete to, end delete begin insert to end insert 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 requires the adopted course of study for grades 7 to 12, inclusive, to include courses in specified areas of study. end delete begin insert Existing law requires each pupil completing grade 12 to satisfy certain requirements as a condition of receiving a diploma of graduation from high school. These requirements include the completion of designated coursework in grades 9 to 12, inclusive. Existing law authorizes a governing board of a school district to adopt other coursework requirements. end insert

This bill would require, commencing with the 2018-19 school year, the governing board of a school begin delete district, and end delete begin insert district or end insert the governing body of a charter begin delete school, offering instruction to pupils in grades 9 to 12, inclusive, end delete begin insert school that requires a course in health education for graduation from high school end insert to begin delete provide end delete begin insert include end insert instruction in performing compression-only cardiopulmonary begin delete resuscitation as part of a course required to be offered, end delete begin insert resuscitation, end insert as provided. begin delete The bill would require this instruction to be provided to a pupil only one time. end delete 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. begin delete 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. end delete

(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 such instruction, except as provided.

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(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.

end delete begin delete

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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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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.

end delete

begin delete SEC. 2. end delete

begin insert SECTION 1. end insert   

Section 51225.6 is added to the Education Code,
to read:

51225.6.  

(a)  begin delete Commencing with the 2018-19 school year, end delete begin insert If end insert
the governing board of a school begin delete district, and end delete begin insert district or end insert the
governing body of a charter begin delete school, offering instruction to pupils
in grades 9 to 12, inclusive, shall provide end delete begin insert school requires a course
in health education for graduation from high school, the governing
board of a school district or the governing body of a charter school
shall include, commencing with the 2018-19 school year, end insert
instruction in performing compression-only cardiopulmonary
resuscitation begin delete (CPR) as part of a course offered in any of grades 9
to 12, inclusive, that is required pursuant to this article or that is
required by the governing board of a school district pursuant to
paragraph (2) of subdivision (a) of Section 51225.3. end delete begin insert (CPR). end insert This
instruction begin delete shall be provided to a pupil only one time 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
compression-only CPR, such as those developed by the American
Heart Association or the American Red Cross.

(2) 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.

(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) (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.

begin delete

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.

end delete