BILL ANALYSIS Ó AB 1719 Page 1 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. AB 1719 Page 2 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 AB 1719 Page 3 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 AB 1719 Page 4 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 AB 1719 Page 5 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 AB 1719 Page 6 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. AB 1719 Page 7 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 AB 1719 Page 8 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 AB 1719 Page 9 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 AB 1719 Page 10 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. AB 1719 Page 11 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: AB 1719 Page 12 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 AB 1719 Page 13 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 AB 1719 Page 14