Bill Text: CA AB319 | 2015-2016 | Regular Session | Amended

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Bill Title: Pupil instruction: cardiopulmonary resuscitation.

Spectrum: Slight Partisan Bill (Democrat 8-3-1)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB319 Detail]

Download: California-2015-AB319-Amended.html

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BILL NUMBER: AB 319	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 30, 2015

INTRODUCED BY   Assembly Member Rodriguez
   (Coauthors: Assembly Members Cooley,  Cooper,  
Cristina Garcia,  Maienschein,  Mayes,  McCarty,  O'
Donnell,  Waldron, and Wood)
   (  Coauthor:   Senator  
Anderson   Coauthors:   Senators  
Anderson   and Stone  )

                        FEBRUARY 13, 2015

   An act to amend  Sections 49413 and   Section
 51202 of, and to add Section 51225.6 to, the Education Code,
relating to pupil instruction.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 319, as amended, Rodriguez. Pupil instruction: cardiopulmonary
resuscitation.
   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. 
   This bill would instead require a school district or school to
provide a comprehensive program in first aid and cardiopulmonary
resuscitation training to pupils and employees in accordance with
specified guidelines, thereby imposing a state-mandated local
program. 
   Existing law establishes a list of courses that a pupil in a
school district is required to complete in grades 9 to 12, inclusive,
in order to receive a diploma of graduation from high school,
including 2 courses in physical education unless exempted.
   This bill would  require   require,
commencing with the 2017-18 academic year, the governing board
of a school district, and the governing body of a charter school,
offering instruction to pupils in grades 9 to 12, inclusive, to
provide instruction on performing cardiopulmonary resuscitation and
the use of an automated external defibrillator as part of a physical
education course or another course required for graduation, as
provided. 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.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 49413 of the Education Code
is amended to read:
   49413.  (a) (1) The Legislature finds and declares all of the
following:
   (A) Sudden cardiac arrest is the leading cause of death in the
United States.
   (B) Less than 8 percent of people who suffer cardiac arrest
outside the hospital survive.
   (C) Effective bystander cardiopulmonary resuscitation (CPR)
provided immediately after sudden cardiac arrest can double or triple
a victim's chance of survival, but only 32 percent of cardiac arrest
victims get CPR from a bystander.
   (2) In enacting this section, it is the intent of the Legislature
to save lives by giving high school pupils the opportunity to develop
psychomotor CPR skills.
   (b) A school district or school, individually or jointly with
another school district or school, shall provide a comprehensive
program in first aid and CPR training to pupils and employees. The
program shall be developed using the following guidelines:
   (1) The school district or school collaborates with existing local
resources, including, but not limited to, parent teacher
associations, hospitals, school nurses, fire departments, and other
local agencies that promote safety, to make first aid and CPR
training available to the pupils and employees of the school district
or school.
   (2) Each school district that develops a program, or the school
district that has jurisdiction over a school that develops a program,
compiles a list of resources for CPR information, to be distributed
to all of the schools in the district.
   (3) The first aid and CPR training are based on standards that are
at least equivalent to the standards currently used by the American
Red Cross or the American Heart Association. 
   SEC. 2.   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 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. 3.   SEC. 2.   Section 51225.6 is
added to the Education Code, to read:
   51225.6.  (a)  The   Commencing with the
2017-18 academic year, the  governing board of a school
district, and the governing body of a charter school, offering
instruction to pupils in grades 9 to 12, inclusive, shall provide
instruction in performing cardiopulmonary resuscitation (CPR) and the
use of an automated external defibrillator (AED) as part of a
physical education course or another course required for 
graduation.   graduation pursuant to paragraph (1) of
subdivision (a) Section 51225.3, or a course required by the local
governing board of a school district for graduation pursuant to
paragraph (2) of subdivision (a) Section 51225.3.  This
instruction shall include all of the following:
   (1) An instructional program developed by the American Heart
Association or the American Red Cross, or an instructional program
that is nationally recognized and based on the most current national
evidence-based emergency cardiovascular care guidelines for the
performance of CPR and the use of an AED.
   (2) Training for pupils relative to the psychomotor skills
necessary to perform CPR. For purposes of this paragraph,
"psychomotor skills" means skills that pupils are required to perform
as hands-on practice to support cognitive learning.  Pupils
receiving online instruction to satisfy the requirements of this
section shall not be required to perform hands-on practice. 

   (3) General information on the use and importance of an AED. The
physical presence of an AED in the classroom is not required.
   (b) Except as specified in subparagraph (B) of paragraph (5),
instruction required pursuant to this section may be provided by a
person who is certified in CPR and who is any of the following:
   (1) A health care provider licensed pursuant to Division 2
(commencing with Section 500) of the Business and Professions Code,
the Osteopathic Initiative Act, as set forth in Chapter 8 (commencing
with Section 3600) of Division 2 of the Business and Professions
Code, or the Chiropractic Initiative Act, as set forth in Chapter 2
(commencing with Section 1000) of Division 2 of the Business and
Professions Code.
   (2) A person certified pursuant to the Emergency Medical Services
System and the Prehospital Emergency Medical Care Personnel Act
(Division 2.5 (commencing with Section 1797) of the Health and Safety
Code).
   (3) A peace officer, as defined in Section 830 of the Penal Code.
   (4) A firefighter, defined as any regularly employed and paid
officer, employee, or member of a fire department or fire protection
or firefighting agency of the State of California, a city, a county,
a city and county, a district, or other public or municipal
corporation or political subdivision of this state or member of an
emergency reserve unit of a volunteer fire department or fire
protection district.
   (5) (A) A teacher.
   (B) A teacher shall not be required to be certified in CPR to
facilitate, provide, or oversee instruction pursuant to this section
for training that does not provide CPR certification. 
   (6) 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 the most current national evidence-based emergency
cardiovascular care guidelines for the performance of CPR and the use
of an AED. 
   (c) If it is in accordance with the laws, rules, or regulations
governing his or her profession, a person who provides instruction
pursuant to subdivision (b) may apply the hours spent performing
instruction toward fulfilling professional requirements for
performing community service.
   (d) The governing board of a school district or the governing body
of a charter school may adopt regulations to implement this section.

   SEC. 4.   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.