BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1719 (Rodriguez) - Pupil instruction: cardiopulmonary resuscitation ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 22, 2016 |Policy Vote: ED. 9 - 0, JUD. 7 | | | - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: This bill requires school districts and charter schools serving students in grades 9 through 12 to offer instruction in compression-only cardiopulmonary resuscitation (CPR) as part of a required course, commencing in the 2018-19 school year. Fiscal Impact: Unknown costs, but potentially in the low millions for school districts and charter schools to implement CPR instruction. Costs will depend on how they choose to implement this instruction. School districts would be able to claim for reimbursement of their costs as this instruction is likely to AB 1719 (Rodriguez) Page 1 of ? result in a state reimbursable mandate. Whether or not school districts already provide this instruction, all school districts operating grades 9 through 12 will be eligible to submit a claim for reimbursement. Some school districts may be able to secure private funding or equipment or materials which would likely count as offsetting some or all of the district's costs related to the new state mandate. See staff comments. (Proposition 98) The California Department of Education (CDE) estimates one-time costs of $32,000 General Fund related to a partial position to provide the required guidance on the implementation of CPR instruction. Background: Existing law: 1)Establishes high school graduation requirements, including three years in English, two years in math, and two years of physical education, and permits school districts to establish graduation requirements which exceed those required by the state. (Education Code § 51225.3) 2)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 control, treatment for poisoning, resuscitation techniques, and CPR when appropriate equipment is available. (Education Code § 51202) 3)Provides 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. (Civil Code § 1714.2) 4)Provides that a person or entity who provides CPR training to AB 1719 (Rodriguez) Page 2 of ? 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. (Civil Code § 1714.21) Proposed Law: This bill requires, beginning with the 2018-19 school year, the governing board of a school district, and the governing board of a charter school, offering instruction to students in grades 9 through 12 to provide instruction in performing compression-only CPR as part of a course offered in any of grades 9 through 12 that is required for the course of study in grades 7 through 12 or that is a local high school graduation requirement. The instruction is required to be provided one time and include the following: An instructional program based on national evidence-based emergency cardiovascular care guidelines for the performance of compression-only CPR, as specified. Instruction to students relative to psychomotor skills necessary to perform compression-only CPR. The CDE is required to provide guidance on implementing this instruction before the beginning of the 2017-18 school year. This bill authorizes the governing board of a school district or the governing board of a charter school to provide to students general information on the use and importance of an automated external defibrillator (AED). It also encourages the governing board of a school district or governing board of a charter school to provide information in performing compression-only CPR or information on the use of an AED in the most cost-effective means possible. This bill provides that a public employee that facilitates the AB 1719 (Rodriguez) Page 3 of ? instruction or the local agency, entity of state or local government, or other public or private organization that sponsors, authorizes, supports, finances, or supervises the instruction of students in compression-only CPR or the use of an AED is not liable for any civil damages alleged to result from the acts or omissions of an individual who received such instruction. This immunity from civil damages exists except in a manner that constitutes gross negligence or willful or wanton misconduct. Related Legislation: AB 1748 (Mayes, 2016) authorizes LEAs to provide an emergency opioid antagonist to school nurses or trained personnel to administer an opioid antagonist to a person suffering from an opioid overdose. It also provides for various legal immunities, as specified. AB 1748 is pending in this committee. Staff Comments: Though this bill states that it 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, it would be very difficult for a school to implement new instruction without purchasing instructional material and equipment. It would be especially difficult to satisfy the requirement that the instruction include psychomotor skills necessary to perform compression-only CPR. Therefore school districts and charter schools will likely have to purchase instructional material and equipment to implement a meaningful course. It is unclear whether the Commission on State Mandates would deem this activity reimbursable. Ultimately, costs to implement this bill will depend upon how school districts and charter schools choose to implement this new instruction. Language in the bill suggests the use of instructional programs based on certain guidelines, such as those developed by the American Heart Association. The American Heart Association offers "CPR in Schools Training Kits" which covers CPR, choking relief, and AED skills designed for about 15 students at once. The kit includes such things as mini inflatable manikins, "practice-while-watching" training DVDs, a AB 1719 (Rodriguez) Page 4 of ? facilitator guide, a lesson plan and pre- and post-tests, and AED training simulators at a cost of $714. According to CDE there are about 1.9 million students enrolled in grades 9 through 12, which averages 487,439 per grade. Assuming 30 students to a class, each class required two kits, and each teacher taught five classes (total of 3,249 teachers), statewide costs for the CPR kits would be about $4.6 million. This estimate does not include any new staff a school might need to hire as a result of this bill. This estimate also assumes that instruction could be completed in one class period. In addition school districts would likely be allowed to claim for reimbursement related to prepping to teach CPR training and actually delivering the instruction. Assuming two hours to prepare and one hour to administer the course, the cost would exceed $1 million. Staff notes that with the funding enacted in the 2016-17 Budget Act to pay down owed mandate claims the estimated outstanding debt is estimated to be $1.6 billion by the end of the current budget year. -- END --