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| 1 | + | Amended IN Assembly June 14, 2023 Amended IN Senate March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 868Introduced by Senator Wilk(Coauthors: Senators Ashby, Glazer, Jones, and Umberg)(Coauthors: Assembly Members Hoover and Schiavo)February 17, 2023An 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 DIGESTSB 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.This bill, commencing with the 202425 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 to (3) notify, at least once each school year, its administrative employees, classified employees, pupil services employees, and teachers 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 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: YES Bill TextThe 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 Kits32045. (a) Commencing with the 202425 school year, each local educational agency shall comply with both 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.(2)(3) (A) In order to ensure public safety, notify, at least once each school year, its administrative employees, classified employees, pupil services employees, and teachers 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 administrative employees, classified employees, pupil services employees, and teachers 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 education 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 administrative employee, classified employee, pupil services employee, or teacher 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, other than an act or omission constituting gross negligence or willful or wanton misconduct. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. omission.(c) For purposes of this section, the following definitions apply:(1) Local education 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 kits contents.(d) Nothing in this section shall be construed to create a private right of action against a local educational agency.(d)(e) The implementation of this section is contingent upon an appropriation for its purposes in the annual Budget Act or another statute.SEC. 2. 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. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly June 14, 2023 Amended IN Senate March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 868Introduced by Senator Wilk(Coauthors: Senators Ashby, Glazer, Jones, and Umberg)(Coauthors: Assembly Members Hoover and Schiavo)February 17, 2023An 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 DIGESTSB 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.This bill, commencing with the 202425 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 to (3) notify, at least once each school year, its administrative employees, classified employees, pupil services employees, and teachers 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 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: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly June 14, 2023 Amended IN Senate March 20, 2023 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly July 12, 2023 | |
| 8 | 7 | Amended IN Assembly June 14, 2023 | |
| 9 | 8 | Amended IN Senate March 20, 2023 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Senate Bill | |
| 14 | 13 | ||
| 15 | 14 | No. 868 | |
| 16 | 15 | ||
| 17 | - | Introduced by Senator Wilk | |
| 16 | + | Introduced by Senator Wilk(Coauthors: Senators Ashby, Glazer, Jones, and Umberg)(Coauthors: Assembly Members Hoover and Schiavo)February 17, 2023 | |
| 18 | 17 | ||
| 19 | - | Introduced by Senator Wilk | |
| 18 | + | Introduced by Senator Wilk(Coauthors: Senators Ashby, Glazer, Jones, and Umberg)(Coauthors: Assembly Members Hoover and Schiavo) | |
| 20 | 19 | February 17, 2023 | |
| 21 | 20 | ||
| 22 | 21 | 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. | |
| 23 | 22 | ||
| 24 | 23 | LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | 25 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 26 | ||
| 28 | 27 | SB 868, as amended, Wilk. Pupil safety: trauma kits. | |
| 29 | 28 | ||
| 30 | - | 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 | |
| 29 | + | 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.This bill, commencing with the 202425 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 to (3) notify, at least once each school year, its administrative employees, classified employees, pupil services employees, and teachers 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 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. | |
| 31 | 30 | ||
| 32 | - | 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. | |
| 31 | + | 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. | |
| 33 | 32 | ||
| 34 | - | This bill, commencing with the 202425 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. | |
| 33 | + | This bill, commencing with the 202425 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 to (3) notify, at least once each school year, its administrative employees, classified employees, pupil services employees, and teachers 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. | |
| 35 | 34 | ||
| 36 | 35 | 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. | |
| 37 | 36 | ||
| 38 | 37 | 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. | |
| 39 | 38 | ||
| 40 | 39 | ## Digest Key | |
| 41 | 40 | ||
| 42 | 41 | ## Bill Text | |
| 43 | 42 | ||
| 44 | - | 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 Kits32045. (a) Commencing with the 202425 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 | |
| 43 | + | 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 Kits32045. (a) Commencing with the 202425 school year, each local educational agency shall comply with both 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.(2)(3) (A) In order to ensure public safety, notify, at least once each school year, its administrative employees, classified employees, pupil services employees, and teachers 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 administrative employees, classified employees, pupil services employees, and teachers 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 education 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 administrative employee, classified employee, pupil services employee, or teacher 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, other than an act or omission constituting gross negligence or willful or wanton misconduct. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. omission.(c) For purposes of this section, the following definitions apply:(1) Local education 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 kits contents.(d) Nothing in this section shall be construed to create a private right of action against a local educational agency.(d)(e) The implementation of this section is contingent upon an appropriation for its purposes in the annual Budget Act or another statute.SEC. 2. 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. | |
| 45 | 44 | ||
| 46 | 45 | The people of the State of California do enact as follows: | |
| 47 | 46 | ||
| 48 | 47 | ## The people of the State of California do enact as follows: | |
| 49 | 48 | ||
| 50 | - | 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 Kits32045. (a) Commencing with the 202425 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 | |
| 49 | + | 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 Kits32045. (a) Commencing with the 202425 school year, each local educational agency shall comply with both 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.(2)(3) (A) In order to ensure public safety, notify, at least once each school year, its administrative employees, classified employees, pupil services employees, and teachers 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 administrative employees, classified employees, pupil services employees, and teachers 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 education 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 administrative employee, classified employee, pupil services employee, or teacher 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, other than an act or omission constituting gross negligence or willful or wanton misconduct. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. omission.(c) For purposes of this section, the following definitions apply:(1) Local education 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 kits contents.(d) Nothing in this section shall be construed to create a private right of action against a local educational agency.(d)(e) The implementation of this section is contingent upon an appropriation for its purposes in the annual Budget Act or another statute. | |
| 51 | 50 | ||
| 52 | 51 | 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: | |
| 53 | 52 | ||
| 54 | 53 | ### SECTION 1. | |
| 55 | 54 | ||
| 56 | - | Article 4.5. Trauma Kits32045. (a) Commencing with the 202425 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 | |
| 55 | + | Article 4.5. Trauma Kits32045. (a) Commencing with the 202425 school year, each local educational agency shall comply with both 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.(2)(3) (A) In order to ensure public safety, notify, at least once each school year, its administrative employees, classified employees, pupil services employees, and teachers 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 administrative employees, classified employees, pupil services employees, and teachers 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 education 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 administrative employee, classified employee, pupil services employee, or teacher 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, other than an act or omission constituting gross negligence or willful or wanton misconduct. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. omission.(c) For purposes of this section, the following definitions apply:(1) Local education 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 kits contents.(d) Nothing in this section shall be construed to create a private right of action against a local educational agency.(d)(e) The implementation of this section is contingent upon an appropriation for its purposes in the annual Budget Act or another statute. | |
| 57 | 56 | ||
| 58 | - | Article 4.5. Trauma Kits32045. (a) Commencing with the 202425 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 | |
| 57 | + | Article 4.5. Trauma Kits32045. (a) Commencing with the 202425 school year, each local educational agency shall comply with both 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.(2)(3) (A) In order to ensure public safety, notify, at least once each school year, its administrative employees, classified employees, pupil services employees, and teachers 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 administrative employees, classified employees, pupil services employees, and teachers 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 education 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 administrative employee, classified employee, pupil services employee, or teacher 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, other than an act or omission constituting gross negligence or willful or wanton misconduct. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. omission.(c) For purposes of this section, the following definitions apply:(1) Local education 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 kits contents.(d) Nothing in this section shall be construed to create a private right of action against a local educational agency.(d)(e) The implementation of this section is contingent upon an appropriation for its purposes in the annual Budget Act or another statute. | |
| 59 | 58 | ||
| 60 | 59 | Article 4.5. Trauma Kits | |
| 61 | 60 | ||
| 62 | 61 | Article 4.5. Trauma Kits | |
| 63 | 62 | ||
| 64 | - | 32045. (a) Commencing with the 202425 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 | |
| 63 | + | 32045. (a) Commencing with the 202425 school year, each local educational agency shall comply with both 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.(2)(3) (A) In order to ensure public safety, notify, at least once each school year, its administrative employees, classified employees, pupil services employees, and teachers 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 administrative employees, classified employees, pupil services employees, and teachers 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 education 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 administrative employee, classified employee, pupil services employee, or teacher 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, other than an act or omission constituting gross negligence or willful or wanton misconduct. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. omission.(c) For purposes of this section, the following definitions apply:(1) Local education 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 kits contents.(d) Nothing in this section shall be construed to create a private right of action against a local educational agency.(d)(e) The implementation of this section is contingent upon an appropriation for its purposes in the annual Budget Act or another statute. | |
| 65 | 64 | ||
| 66 | 65 | ||
| 67 | 66 | ||
| 68 | - | 32045. (a) Commencing with the 202425 school year, each local educational agency shall comply with all of the following: | |
| 67 | + | 32045. (a) Commencing with the 202425 school year, each local educational agency shall comply with both all of the following: | |
| 69 | 68 | ||
| 70 | 69 | (1) Equip each classroom at each of its schoolsites with a trauma kit. | |
| 71 | 70 | ||
| 72 | 71 | (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. | |
| 73 | 72 | ||
| 74 | - | (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: | |
| 73 | + | (2) | |
| 74 | + | ||
| 75 | + | ||
| 76 | + | ||
| 77 | + | (3) (A) In order to ensure public safety, notify, at least once each school year, its administrative employees, classified employees, pupil services employees, and teachers 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 administrative employees, classified employees, pupil services employees, and teachers employees to any of the following: | |
| 75 | 78 | ||
| 76 | 79 | (i) The Stop the Bleed national awareness campaign of the United States Department of Homeland Security. | |
| 77 | 80 | ||
| 78 | 81 | (ii) The American College of Surgeons Committee on Trauma. | |
| 79 | 82 | ||
| 80 | 83 | (iii) The American Red Cross. | |
| 81 | 84 | ||
| 82 | 85 | (iv) The Committee for Tactical Emergency Casualty Care. | |
| 83 | 86 | ||
| 84 | 87 | (v) Any other partner of the United States Department of Defense. | |
| 85 | 88 | ||
| 86 | 89 | (vi) A level 1 trauma center or other hospital that provides community-based education regarding trauma care or similar first aid care. | |
| 87 | 90 | ||
| 88 | 91 | (vii) Other reputable providers of first aid or trauma care training. | |
| 89 | 92 | ||
| 90 | - | (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). | |
| 93 | + | (B) A local education 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). | |
| 91 | 94 | ||
| 92 | - | (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. | |
| 93 | - | ||
| 94 | - | ||
| 95 | - | ||
| 96 | - | (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. | |
| 97 | - | ||
| 98 | - | (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. | |
| 95 | + | (b) Any administrative employee, classified employee, pupil services employee, or teacher 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, other than an act or omission constituting gross negligence or willful or wanton misconduct. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. omission. | |
| 99 | 96 | ||
| 100 | 97 | (c) For purposes of this section, the following definitions apply: | |
| 101 | 98 | ||
| 102 | - | (1) Local educational agency means a school district, county office of education, or charter school. | |
| 99 | + | (1) Local education educational agency means a school district, county office of education, or charter school. | |
| 103 | 100 | ||
| 104 | 101 | (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: | |
| 105 | 102 | ||
| 106 | 103 | (A) One or more additional tourniquets in sizes that are suitable for younger or smaller pupils. | |
| 107 | 104 | ||
| 108 | 105 | (B) Gauze, including a clotting agent or similar properties to control bleeding. | |
| 109 | 106 | ||
| 110 | 107 | (C) A protective capsule to hold the trauma kits contents. | |
| 111 | 108 | ||
| 112 | 109 | (d) Nothing in this section shall be construed to create a private right of action against a local educational agency. | |
| 110 | + | ||
| 111 | + | (d) | |
| 112 | + | ||
| 113 | + | ||
| 113 | 114 | ||
| 114 | 115 | (e) The implementation of this section is contingent upon an appropriation for its purposes in the annual Budget Act or another statute. | |
| 115 | 116 | ||
| 116 | 117 | SEC. 2. 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. | |
| 117 | 118 | ||
| 118 | 119 | SEC. 2. 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. | |
| 119 | 120 | ||
| 120 | 121 | SEC. 2. 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. | |
| 121 | 122 | ||
| 122 | 123 | ### SEC. 2. |