Bill Text: CA SB868 | 2023-2024 | Regular Session | Amended
Bill Title: Pupil safety: trauma kits.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Engrossed) 2023-09-01 - September 1 hearing postponed by committee. [SB868 Detail]
Download: California-2023-SB868-Amended.html
|
Amended
IN
Assembly
July 12, 2023 |
|
Amended
IN
Assembly
June 14, 2023 |
|
Amended
IN
Senate
March 20, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 868
| Introduced by Senator Wilk (Principal coauthor: Assembly Member Rodriguez) (Coauthors: Senators Ashby, Glazer, Jones, and Umberg) (Coauthors: Assembly Members Hoover and Schiavo) |
February 17, 2023 |
An act to add Article 4.5 (commencing with Section 32045) to Chapter 1 of Part 19 of Division 1 of Title 1 of the Education Code, relating to pupil safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 868, as amended, Wilk.
Pupil safety: trauma kits.
Existing law requires the governing board of a school district, superintendent of schools, or the principal of a public or private school in the state to equip the school with a first aid kit whenever a pupil of the school is conducted or taken on a field trip, as specified. Existing law exempts from civil liability any person who, in good faith and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency other than an act or omission constituting gross negligence or willful or wanton misconduct.
This bill, commencing with the 2024–25 school year and contingent upon an appropriation for its purposes, would require each school district, county office of education, and charter school to
(1) equip each classroom at each of its schoolsites with a trauma kit, as defined, (2) inspect and replace or replenish each trauma kit, as necessary, upon each use and at least once every three years, and (3) notify, at least once each school year, its employees of the location of the trauma kits and provide them with contact information for training in the use of the trauma kit, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would exempt from civil liability a person who renders emergency care or treatment by the use of a trauma kit at the scene of an emergency, as specified.
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 the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 4.5 (commencing with Section 32045) is added to Chapter 1 of Part 19 of Division 1 of Title 1 of the Education Code, to read:Article 4.5. Trauma Kits
32045.
(a) Commencing with the 2024–25 school year, each local educational agency shall comply with all of the following:(1) Equip each classroom at each of its schoolsites with a trauma kit.
(2) Inspect and replace or replenish each trauma kit, as necessary to maintain the requirements of paragraph (2) of subdivision (c), upon each use and at least once every three years.
(3) (A) In order to ensure public safety, notify, at least once each school year, its employees of the location of the trauma kits and provide them
with contact information for training in the use of the trauma kit. For purposes of complying with this notification requirement, a local educational agency may direct its
employees to any of the following:
(i) The Stop the Bleed national awareness campaign of the United States Department of Homeland Security.
(ii) The American College of Surgeons Committee on Trauma.
(iii) The American Red Cross.
(iv) The Committee for Tactical Emergency Casualty Care.
(v) Any other partner of the United States Department of Defense.
(vi) A level 1 trauma center or other hospital that provides community-based education regarding trauma care or similar first aid care.
(vii) Other reputable providers of first aid or trauma care training.
(B) A local educational agency is only required to identify one potential source of training, but may choose to identify multiple sources of training, pursuant to subparagraph (A).
(b)Any employee of a local educational agency who in good faith, and not for compensation, renders emergency care or treatment by the use of a trauma kit at the scene of an emergency shall not be liable for civil damages resulting from any act or
omission.
(b) (1) Subdivision (b) of Section 1799.102 of the Health and Safety Code, the “Good Samaritan Law,” applies to any lay rescuer or person who, in good faith and not for compensation, renders emergency care or treatment by the use of a trauma kit at the scene of an emergency.
(2) A person who renders emergency care or treatment by the use of a trauma kit at the scene of an emergency and who receives compensation as a result of their employment by a local educational agency, or any other private or public employer, but is not compensated to provide emergency medical care, is not providing emergency medical care “for compensation” for purposes of Section 1799.102 of the Health and Safety Code.
(c) For purposes of this section, the following definitions apply:
(1) “Local educational agency” means a school district, county office of education, or charter school.
(2) “Trauma kit” has the same meaning as defined in Section 19305 of the Health and Safety Code. In addition to the items identified in Section 19305 of the Health and Safety Code, a “trauma kit” may include any or all of the following:
(A) One or more additional tourniquets in sizes that are suitable for younger or smaller pupils.
(B) Gauze, including a clotting agent or similar properties to control bleeding.
(C) A protective capsule to hold the trauma kit’s contents.
(d) Nothing in this section shall be construed to create a private right of action against a local educational agency.
(e) The implementation of this section is contingent upon an appropriation for its purposes in the annual Budget Act or another statute.
