BILL NUMBER: AB 1719 AMENDED
BILL TEXT
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
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 to amend Section 51202 of, and to add
Section 51225.6 to, 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 requires
the adopted course of study for grades 7 to 12, inclusive, to include
courses in specified areas of study. 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.
This bill would require, commencing with the 2018-19 school year,
the governing board of a school district, and
district or the governing body of a charter school,
offering instruction to pupils in grades 9 to 12, inclusive,
school that requires a course in health education for
graduation from high school to provide
include instruction in performing compression-only
cardiopulmonary resuscitation as part of a course required
to be offered, resuscitation, as provided.
The bill would require this instruction to be provided to a
pupil only one time. 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 such instruction, except as
provided.
(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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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. 2. SECTION 1. Section 51225.6
is added to the Education Code, to read:
51225.6. (a) Commencing with the 2018-19 school year,
If the governing board of a school
district, and district or the governing body of
a charter school, offering instruction to pupils in grades 9
to 12, inclusive, shall provide 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, 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 or that is required by the governing board
of a school district pursuant to paragraph (2) of subdivision (a) of
Section 51225.3. (CPR). This instruction
shall be provided to a pupil only one time 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) 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.
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.