BILL ANALYSIS Ó AB 2425 Page 1 Date of Hearing: April 12, 2016 ASSEMBLY COMMITTEE ON HEALTH Jim Wood, Chair AB 2425 (Brown) - As Amended April 5, 2016 SUBJECT: Public health: incident site reports. SUMMARY: Requires the Department of Public Health (DPH) to establish a uniform incident site report for the purpose of unintentional injury incidents. Specifically, this bill: 1)Requires DPH, on or before June 1, 2018, to adopt standards and protocols to establish a uniform incident site report requirement for the collection of statewide information on unintentional injury incidents. 2)Requires the standards and protocols to be developed in collaboration with representatives from other health and safety state and local agencies, first responders, fire agencies, law enforcement agencies, public health experts, and childhood injury prevention experts in order for DPH to understand the details at incident sites for various types of unintentional injury. Authorizes DPH to periodically reconvene these representatives when necessary to modify the standards and protocols. 3)Requires the standards and protocols to be implemented by AB 2425 Page 2 every county for use by the appropriate local reporting entities. Defines a reporting entity the reporting entity identified in the standards and protocols developed by DPH. 4)Requires the standards and protocols to include the following: a) A requirement that a reporting entity utilize an incident site reporting best practices from an incident site investigation protocol, specific to each type of unintentional injury, to report information to existing local, regional, and statewide data systems and to the local health department; and, b) A requirement that the county health department be responsible for submitting the data received to the state's EpiCenter data system, no later than 60 days after receipt of the incident site report. 5)Defines "incident site reports" or "incident" to include, among others, site reports or incidents that involve unintentional injuries from drownings, near drownings, burns, window falls, bicycle crashes, pedestrian crashes, sleep suffocation, kids left in cars, vehicle backovers, vehicle frontovers, sports-related activities, and poisoning. 6)Finds and declares the Legislature's intent for DPH to take a lead role in establishing statewide best practice guidelines, standards, and incident site information collection tools, as specified. EXISTING LAW: AB 2425 Page 3 1)Requires the registration of each live birth, fetal death, death, and marriage that occurs in the state. 2)Requires that deaths be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found, within eight calendar days after death and prior to any disposition of the human remains. 3)Requires a physician and surgeon, physician assistant, funeral director, or other person to immediately notify the coroner when he or she has knowledge of a death that occurred or has charge of a body in which death occurred under any of the following circumstances: without medical assistance, during the continued absence of the attending physician and surgeon, where the attending physician and surgeon or the physician assistant is unable to state the cause of death; where suicide is suspected; following an injury or an accident; and, under circumstances as to afford a reasonable ground to suspect that the death was caused by the criminal act of another. FISCAL EFFECT: This bill has not been analyzed by a fiscal committee. COMMENTS: 1)PURPOSE OF THIS BILL. According to the author, California lacks a uniform standard for collecting data from unintentional injury incident sites involving children and youth ages through 19 years. Several counties have developed best practice incident report forms, but most counties do not have the resources to research and develop unintentional injury incident forms and data collection, and each leading cause of unintentional injury has important variations on what types of incident data needs to be collected. Without uniform collection of incident and site reporting, California does not have the information it needs to plan for and adjust our AB 2425 Page 4 unintentional injury prevention programs and incident responses. The author state that this bill sets up the means to keep California on target in its data and knowledge about the changing underlying causes of unintentional injury. 2)BACKGROUND. The Centers for Disease Control and Prevention reports that for 2013, there were 31 million emergency department visits for unintentional injuries and unintentional injuries accounted for 130,557 deaths that year. According to DPH's Website, unintentional injury is the leading cause of hospitalizations and deaths for California's children and youth ages one to19 years old and the leading cause of injury related deaths for babies and infants under one year of age. Unintentional injury deaths result from a variety of causes such as motor vehicle traffic crashes, falls, firearms, drownings, suffocations, bites, stings, sports/recreational activities, natural disasters, fires or burns and poisonings. From 2000 to 2010, California's top three fatal unintentional injuries include motor vehicle traffic crashes (36.2%), poisoning and exposure to noxious substances (including drugs and other substances) (26.7%), and falls (16.2%). These three causes totaled 79.1% of all unintentional injury deaths. In 2010, unintentional deaths ranked as the sixth leading cause of death in California. Males account for more unintentional injury deaths than females. Drowning was the most common unintentional injury cause of death for those aged one to four years. Motor vehicle traffic crashes were the most frequent unintentional injury deaths for those aged five to 24 years old. Poisonings (including drugs and other substances) were the most common unintentional injury death for people aged 25 to 64. Falls were the most prevalent unintentional injury cause of death for individuals over 65. Due to the prevalence of unintentional injury deaths in this country, the U.S. Department of Health and Human Services (HHS), one of the objectives of the Healthy People 2020 is the reduction of unintentional injuries age-adjusted death rate to no more than 36 per 100,000 population. AB 2425 Page 5 DPH maintains on its Website the EPICenter data system, which includes information on overall injury surveillance and includes data on all types of injuries that result in death, hospitalizations, or an emergency department visit. 3)SUPPORT. The California Coalition for Children's Safety and Health, a sponsor of this bill, state that this bill will give California a better understanding of the underlying causes of unintentional injuries and assist in developing a better and more effective preventatives strategies. The California Chapter of the American College of Emergency Physicians states that throughout the year, emergency physicians treat patients with injuries resulting from unintentional injury incidents and implementing a statewide incident site report will provide important data that will help reduce injuries by identifying potential hazards and high risk areas. 4)OPPOSE UNLESS AMENDED. The California Chamber of Commerce and California Attractions and Parks have taken an oppose unless amended position and state that as currently drafted, this bill would require employees of private businesses to complete incident site reports for a wide range of incidents should they occur on their property and when an employee is the first to respond. They both believe this requirement is impractical, inappropriate, and in some cases could actually raise liability issues. They propose that the definition of first responder be narrowed to include only the appropriate publicly contracted emergency medical technician service, law enforcement, fire department personnel, and the coroner when appropriate. 5)OPPOSE. The Emergency Medical Services Administrators Association of California states they are concerned that this bill may delay the transport of critically injured patients to trauma centers and encumber limited emergency medical services resources by requiring personnel and providers to conduct mandated injury prevention investigations while at the scene AB 2425 Page 6 of a medical emergency. 6)PREVIOUS LEGISLATION. a) AB 299 (Brown) of 2015 would have required DPH to develop a submersion incident form to collect standardized information regarding drowning or nonfatal-drowning events, as specified. AB 299 died in Assembly Appropriations Committee. b) AB 540 (Pan) of 2013 would have authorized DPH to establish and maintain a system for collecting data on violent deaths in the state. AB 540 died in the Senate Appropriations Committee. REGISTERED SUPPORT / OPPOSITION: Support California Coalition for Children's Safety and Health (sponsor) American College of Emergency Physicians, California Chapter The Child Abuse Prevention Center AB 2425 Page 7 Opposition Emergency Medical Services Administrators Association of California Analysis Prepared by:Rosielyn Pulmano / HEALTH / (916) 319-2097