BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1719


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          Date of Hearing:  April 6, 2016


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 1719  
          (Rodriguez) - As Amended March 16, 2016


          SUBJECT:  Pupil instruction:  cardiopulmonary resuscitation


          SUMMARY:  Requires school districts and charter schools serving  
          students in grades 9-12 to offer instruction in cardiopulmonary  
          resuscitation (CPR) as part of a required course.  Specifically,  
          this bill:  


          1)Requires, commencing with the 2017-18 school year, the  
            governing board bodies of school districts and charter schools  
            which offer instruction in grades 9-12, to provide instruction  
            on performing CPR in a required course.



          2)Requires that this instruction include both of the following:



             a)   an instructional program based on national  
               evidence-based emergency cardiovascular care guidelines for  
               the performance of CPR, such as those developed by the  
               American Heart Association or the American Red Cross  
               training for students relative to the psychomotor skills  
               necessary to perform CPR.








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             b)   Defines "psychomotor skills" as skills that students are  
               required to perform as hands-on practice to support  
               cognitive learning



          3)Requires, before the start of the 2017-18 school year, the  
            California Department of Education (CDE) to provide guidance  
            on how to implement the requirements of the bill, including  
            the individuals who may provide instruction. 



          4)States that the CDE may consider an individual in any of the  
            following categories to provide instruction:



             a)   a licensed health care provider 



             b)   an emergency medical technician



             c)   a peace officer



             d)   a firefighter



             e)   a teacher









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             f)   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



             g)   any other provider of instruction in performing CPR, as  
               determined by the CDE



          1)Encourages the providing of general information on the use and  
            importance of an automated external defibrillator (AED).  
            States that the physical presence of an AED in the classroom  
            is not required.



          2)States that the governing board of a school district or the  
            governing body of a charter school may adopt regulations to  
            implement the requirements of the bill.



          3)Encourages the governing board of a school district or the  
            governing body of a charter school providing instruction in  
            performing CPR or information on the use of an AED to use the  
            most cost-effective means possible to implement that  
            requirement.



          4)States that the act shall not be construed to require the  
            governing board of a school district or the governing body of  








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            a charter school to make any purchases, including purchasing  
            an AED.



          5)States that 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.



          6)Adds CPR to the adopted course of study in personal and public  
            safety and accident control in elementary and secondary  
            grades.



          EXISTING LAW:  


          1)Establishes high school graduation requirements, including two  
            years of physical education, and permits school districts to  
            establish graduation requirements which exceed those of the  
            state.  Existing law does not require a health course for  
            graduation.


          2)Allows school districts to offer a comprehensive course of  
            study on first aid and CPR and requires that it be based on  
            standards that are at least equivalent to the standards  
            currently used by the American Red Cross or the American Heart  
            Association.


          3)Requires, through the adopted course of study, that schools  
            provide instruction at the appropriate grade levels on  
            personal and public safety and accident prevention, including  
            emergency first aid instruction, instruction in hemorrhage  








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            control, treatment for poisoning, resuscitation techniques,  
            and CPR when appropriate equipment is available.


          4)States (Civil Code § 1714.2) that no person certified to teach  
            CPR by the American Red Cross or the American Heart  
            Association, and no local agency, entity of state or local  
            government, or other public or private organization which  
            sponsors, authorizes, supports, finances, or supervises the  
            training of citizens in cardiopulmonary resuscitation can be  
            held liable for any civil damages alleged to result from such  
            training programs.


          5)States (Civil Code § 1714.21) that a person or entity who  
            provides CPR and AED training to a person who renders  
            emergency care is not liable for any civil damages resulting  
            from any acts or omissions of the person rendering the  
            emergency care.


          6)Requires (Health and Safety Code § 1797.196) that when an AED  
            is placed in a public or private K-12 school, the principal  
            follow specified posting and notice requirements, and  
            designate trained employees to be available to respond to an  
            emergency that may involve the use of an AED during normal  
            operating hours.


          FISCAL EFFECT:  This bill has been keyed a state-mandated local  
          program by the Office of Legislative Counsel.


          COMMENTS:  


          Need for the bill.  The author's office states, "Sudden cardiac  
          arrest is one of the most lethal public health threats in the  
          United States, and sadly only ten percent of people who suffer  








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          cardiac arrest outside the hospital survive. If no CPR is  
          provided or no defibrillation occurs within 3 to 5 minutes of  
          collapse, the chances of survival drop. Effective bystander CPR  
          provided immediately after sudden cardiac arrest can double or  
          triple a victim's chance of survival. Alarmingly, 70 percent of  
          Americans may feel helpless to act during a cardiac emergency  
          because they do not know how to perform CPR and only 32 percent  
          of cardiac arrest victims get CPR from a bystander.   


          CPR training is sensible and affordable and can easily fit into  
          existing classes. In fact, instruction in CPR and AED is part of  
          the Health curriculum framework and content standards.  AB 1719  
          seeks to expand upon this current policy and ensure that every  
          high school student in California receives this important,  
          life-saving training." 


          What is "hands-only" or "compression-only" CPR training?   
          Hands-only CPR, also known as compression-only CPR, is  
          conventional CPR without mouth-to-mouth resuscitation.   
          According to the American Heart Association, hands-only CPR has  
          been shown to be as effective as conventional CPR for sudden  
          cardiac arrest at home, at work, or in public.  Research  
          indicates that this is due to a better willingness to start CPR  
          by bystanders, a low quality of mouth-to-mouth ventilation, and  
          a detrimental effect of too-long interruptions of chest  
          compressions during ventilation.


          Hands-only CPR involves two steps when a teen or adult  
          collapses: 1) calling 9-1-1, and 2) pushing hard on the center  
          of the person's chest at the rate of 100 compressions per minute  
          - roughly the same as the beat in the Bee Gees 1977 song  
          "Stayin' Alive." For infants, children, victims of drowning or  
          drug overdose, and people who collapse due to breathing  
          problems, the American Heart Association still recommends CPR  
          with compression and breaths. 









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          The author indicates that instruction in hands-only CPR would be  
          sufficient to meet the requirements of this bill, but this is  
          not indicated by the current language of the measure.  Staff  
          recommends that this bill be amended to state that instruction  
          in compression-only CPR meets the instructional requirements of  
          the bill.

          Health disparities in CPR training and bystander use.  A 2013  
          study published in the Journal of the American Medical  
          Association found wide disparities in CPR training, and that  
          residents of the communities most in need of training are the  
          least likely to be trained.  The study, which examined national  
          training rates, found that counties with the lowest rates of CPR  
          training were more likely to have a higher proportion of African  
          American and Latino residents, more likely to have a lower  
          median household income, and were more likely to be rural (where  
          it may take longer for emergency personnel to arrive).


          Other research has demonstrated that low income individuals and  
          African Americans are significantly less likely to receive  
          bystander CPR when they experience sudden cardiac arrest, and  
          that people who experience such an event in predominantly  
          African American, low income neighborhoods are the least likely  
          of all groups to receive bystander CPR treatment.  This study  
          attributed this disparity in CPR use to low rates of training in  
          those in communities.


          CPR high school graduation requirements in other states.   
          According to the American Heart Association, twenty six other  
          states have adopted CPR training as a high school graduation  
          requirement.  Among the larger states are Texas, New York,  
          Virginia, North Carolina, Georgia, and New Jersey.  

          Most states which require instruction to be provided in a  
          required class have given districts between two and three years  
          "lead time" for implementation, or when requiring completion of  
          training by individual students, have made the requirement  








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          effective with a future incoming class of 9th graders.  Under  
          the current requirements of the bill, which will become  
          effective on January 1, 2017, the CDE would have to provide  
          guidance, and schools would have to be prepared to provide  
          instruction, by the beginning of the 2017-18 school year.  As  
          this does not appear to provide enough time for implementation,  
          staff recommends that the bill be amended to make the  
          requirements of the bill effective for the 2018-19 school year.   
          Staff also recommends clarifying amendments stating that 1) the  
          required course in which CPR instruction is to take place is a  
          course offered in any of grades 9-12, and 2) change  
          "regulations" to "policies" which could be adopted by school  
          boards in implementing the requirements of the bill.

          Local capacity and instructional time required to provide  
          training.  Approximately 400,000 students graduate from  
          California high schools each year.  Under the requirements of  
          this bill, students would receive instruction in CPR in a course  
          they are required to take.  This raises a question regarding the  
          capacity of school districts - both in terms of instructors and  
          instructional time - to meet the requirements of the bill. 


          This bill requires the CDE to provide guidance on how to  
          implement the requirements of the bill, including who may  
          provide instruction, and states that the CDE may consider  
          specified individuals, including health care providers,  
          emergency medical technicians, peace officers and firefighters,  
          teachers, and CPR instructors.  





          The American Red Cross and the American Heart Association offer  
          a "CPR for Students" course which involves 30 minutes of  
          instruction.  The author expects that schools would meet the  
          requirements of this bill by offering that course.  Since the  
          training could be completed in as little as 30 minutes sometime  








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          over the course of four years of instruction, it would not  
          appear to place an undue burden on instructional time for  
          individual students.



          CPR training in state health standards and curriculum framework.  
           CPR instruction is part of the state's health content standards  
          and corresponding curriculum framework.  The 2008 standards  
          include: "Describing procedures for emergency care and  
          lifesaving, including CPR, first aid, and control of bleeding."  
          As the author notes, this does not mean that all students  
          receive instruction in CPR, as not all districts require a  
          health course for graduation, and compliance with the standards  
          is not mandatory.  Neither the standards nor the framework  
          mention use of an AED.  


          The current health framework is out of date and not aligned to  
          the state's 2008 health content standards.  The CDE had been  
          preparing a revision of the framework, with expected adoption by  
          the State Board of Education in 2013, when in 2009 all work on  
          framework revisions was suspended due to state budget shortfalls  
          resulting from the economic recession.  Last year the CDE  
          submitted a budget change proposal for the continuous funding of  
          the work of the Instructional Quality Commission (which develops  
          the frameworks) which was not included in the 2016-17 Governor's  
          Budget.  The CDE has resubmitted this proposal.  


          Placentia-Yorba Linda Unified School District makes hands-only  
          CPR training part of course required for graduation.  After the  
          tragic loss of two high school students in 2006 and 2014 to  
          sudden cardiac arrest, the Placentia-Yorba Linda Unified School  
          District in 2015 became the first known district in the state to  
          make 'hands only" CPR/AED instruction part of a course required  
          for high school graduation.  The district has provided this  
          instruction to all 9th grade students through a locally-required  
          health course and purchased CPR Anytime kits, which include  








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          manikins, for use in the program.  Equipment for four high  
          schools with an enrollment of approximately 8,000 students  
          (total enrollment, not graduating class) required an expenditure  
          of approximately $10,000 by the district, $8000 of which was  
          paid for by privately-raised funds. The district expects these  
          kits to last at least five years before needing replacement.  


          According to the American Heart Association, in 2015 the San  
          Francisco Unified School District also announced that it would  
          make CPR training a graduation requirement commencing in the  
          2015-16 school year.


          Amendments regarding liability.  The author intends to adopt  
          amendments in this Committee which would require that teachers  
          who instruct students in providing CPR using an instructional  
          program based on national evidence-based emergency  
          cardiovascular care guidelines for the performance of CPR not be  
          liable for any civil damages resulting from any acts or  
          omissions of those students when they render emergency care.   
          Issues of liability are outside of the jurisdiction of this  
          Committee, so staff recommends the adoption of these amendments  
          and that a "do pass as amended" motion on this bill include a  
          referral to the Committee on Rules" for re-referral to the  
          appropriate policy committee.


          Related legislation.  AB 1639 (Maienschein) of this Session, as  
          heard by this Committee, establishes the Sudden Cardiac Arrest  
          Prevention Act; requires the CDE to make available specified  
          guidelines and materials on sudden cardiac arrest; requires  
          pupils and parents to sign informational materials before  
          athletic participation; requires training of coaches; and sets  
          requirements for action in the event a pupil experiences  
          specified symptoms.  This bill is pending in the Assembly  
          Judiciary Committee.










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          AB 319 (Rodriguez) of this Session would have required school  
          districts and charter schools to provide instruction on  
          performing CPR and the use of an AED to students in grades 9-12  
          as part of a course required for graduation.  This bill was held  
          in the Assembly Appropriations Committee.



          AB 2217 (Melendez, Chapter 812, Statutes of 2014), authorizes a  
          public school to solicit and receive non-state funds to acquire  
          and maintain an AED, and provides that school districts and  
          their employees are not liable for civil damages resulting from  
          certain uses of an AED.


          AB 939 (Melendez) of the 2013-14 Session would have stated the  
          intent of the Legislature to encourage all public schools to  
          acquire and maintain at least one AED, and would have authorized  
          a public school to solicit and receive non-state funds to  
          acquire and maintain an AED.  This bill died in the Senate  
          Appropriations Committee.  


          SB 1346 (Lowenthal, Chapter 71, Statutes of 2012), extended  
          indefinitely the minimum training standards and immunity from  
          civil damages in connection with the use of AEDs. This measure  
          was not heard by the Assembly Education Committee.


          SB 63 (Price) of the 2011-12 Session would have required all  
          public high schools to acquire and maintain at least one AED.   
          This bill died in the Senate Appropriations Committee.

          REGISTERED SUPPORT / OPPOSITION:










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          Support


          American Heart Association (co-sponsor)


          American Red Cross (co-sponsor)


          American Medical Response


          American Medical Society for Sports Medicine


          American Stroke Association


          Association of California Healthcare Districts


          California Association for Health, Physical Education,  
          Recreation and Dance


          California Chapter of the American College of Emergency  
          Physicians


          California School Nurses Organization


          City of San Jose Councilmember Ash Kalra


          City of San Diego Councilmember Marti Emerald









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          Dignity Health


          El Camino Children & Family Services, Inc. Board of Directors


          Montebello Unified School District


          Olivia's Heart Project


          Racing Hearts


          Santa Clara Unified School District


          Numerous individuals




          Opposition


          None received




          Analysis Prepared by:Tanya Lieberman / ED. / (916) 319-2087














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