Bill Text: CA AB1647 | 2009-2010 | Regular Session | Amended

California Assembly Bill 1647 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Athletics.

Spectrum: Moderate Partisan Bill (Democrat 16-3)

Status: (Vetoed) 2010-09-23 - Vetoed by Governor. [AB1647 Detail]

Download: California-2009-AB1647-Amended.html

BILL NUMBER: AB 1647	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2010
	AMENDED IN ASSEMBLY  MARCH 23, 2010

INTRODUCED BY   Assembly Member Hayashi
    (   Coauthor:   Assembly Member  
Hill   ) 

                        JANUARY 13, 2010

   An act to add Chapter 2.7 (commencing with Section 18898) to
Division 8 of the Business and Professions Code, and to add Sections
33355 and 49475 to the Education Code, relating to athletics.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1647, as amended, Hayashi. Athletics.
   (1) Existing law provides for the regulation of various
professions and vocations, including those of an athlete agent.
   This bill would make it unlawful for any person to hold himself or
herself out as an athletic trainer unless he or she has graduated
from a college or university, after completing an accredited athletic
training education program, as specified, completed requirements for
certification by the Board of Certification, Inc., prior to January
1, 2004, or been certified by the Board of Certification, Inc. The
bill would prohibit an athletic trainer from engaging in athletic
training activities unless pursuant to protocols developed by a
physician and surgeon for that athletic trainer. The bill would make
it an unfair business practice to violate these provisions.
   (2) Existing law authorizes school districts to provide specified
medical services in connection with athletic events that are under
the jurisdiction of, or sponsored or controlled by, school districts.
These services include medical or hospital insurance for pupils
injured while participating in athletic activities, and ambulance
service for pupils, instructors, spectators, and other individuals in
attendance at athletic activities.
   This bill, commencing July 1, 2014, would provide that if a school
district elects to offer any interscholastic athletic programs, the
school district would be required to comply with certain
requirements, including acquiring an automatic external
defibrillator, to be made available at athletic activities and to be
used in compliance with specified provisions of law, ensuring that a
high school athlete who is suspected of sustaining a concussion or
head injury during an athletic competition be immediately removed
from the activity, and ensuring that there is a written action plan
available that describes the procedures to be followed in the event
of any emergency that occurs in connection with an athletic activity.

   (3) Existing law grants the State Department of Education certain
authority over interscholastic athletics, including the authority to
state that the policies of school districts, of associations or
consortia of school districts, and of the California Interscholastic
Federation, concerning interscholastic athletics, are in compliance
with both state and federal law.
   This bill would require the department to adopt a
heat-acclimatization program established by the National Athletic
Trainers' Association or other similarly recognized organization, and
to make this program available to school districts through its
Internet Web site or other means.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) Over 125 middle school and high school athletes died in 2008
and 2009, including 18 in California, and another 40 sustained
catastrophic, life-altering injuries. Many of these deaths and
injuries could have been prevented or mitigated if proper procedures
were employed.
   (2) According to the National Center for Catastrophic Sport Injury
Research (NCCSIR), approximately 7.5 million pupils participate in
high school athletics each year.
   (3) The NCCSIR also estimates that 2 million injuries occur each
year, including approximately 1 million injuries that result in the
loss of at least one week of activity.
   (4) Historically, over 60 pupils per year are killed or suffer
catastrophic injuries, such as permanent paralysis, as the result of
spinal cord injury.
   (b) It is therefore the intent of the Legislature to enact
legislation that will decrease the number of deaths and catastrophic
injuries sustained by California pupil athletes, with the focus on
the most common types of injuries and illnesses that result in
life-threatening injuries and deaths, including sudden cardiac death,
traumatic brain injury, and heat illness.
  SEC. 2.  Chapter 2.7 (commencing with Section 18898) is added to
Division 8 of the Business and Professions Code, to read:
      CHAPTER 2.7.  ATHLETIC TRAINERS


   18898.  (a) No person shall hold himself or herself out to be an
athletic trainer unless he or she has done any of the following:
   (1) Graduated from a college or university after completing an
athletic training education program accredited by the Commission on
Accreditation of Athletic Training Education, or its predecessors or
successors.
   (2) Completed requirements for certification by the Board of
Certification, Inc., prior to January 1, 2004.
   (3) Been certified by the Board of Certification, Inc.
   (b) An athletic trainer shall engage in athletic training
activities only pursuant to protocols developed for that athletic
trainer by a physician and surgeon licensed by the Medical Board of
California or an osteopathic physician and surgeon licensed by the
Osteopathic Medical Board of California.
   (c) It is an unfair business practice within the meaning of
Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 for
any person to use the title of "athletic trainer" or "certified
athletic trainer" or any other term, such as "licensed," "registered,"
or "ATC," that implies or suggests that the person is certified as
an athletic trainer, if the person does not meet the requirements of
subdivision (a) and engage in athletic trainer activities pursuant to
subdivision (b).
  SEC. 3.  Section 33355 is added to the Education Code, to read:
   33355.  The department shall adopt a heat-acclimatization program
established by the National Athletic Trainers' Association or other
similarly recognized organization, and shall make this program
available to school districts through its Internet Web site or other
means.
  SEC. 4.  Section 49475 is added to the Education Code, to read:
   49475.  Commencing July 1, 2014, if a school district elects to
offer any interscholastic athletic programs, the school district
shall comply with all of the following:
   (a) The governing board of a school district shall acquire an
automatic external defibrillator (AED) for pupils, instructors,
spectators, and other individuals in attendance at extracurricular
athletic competitions under the jurisdiction of, or sponsored or
controlled by, the district or the authorities of any school of the
district. The governing board of a school district shall ensure its
availability to trained personnel during all athletic activities
under the jurisdiction of, or sponsored or controlled by, the
district or the authorities of any school of the district.
   (1) An employee of a school district who renders emergency care or
treatment is not liable for civil damages resulting from the use,
attempted use, or nonuse of an AED, except as provided in subdivision
(e).
   (2) When an employee of a school district uses, attempts to use,
or does not use an AED consistent with the requirements of this
section, to render emergency care or treatment, the employee, school
district, or both is not liable for civil damages resulting from any
act or omission in rendering the emergency care or treatment,
including the use or nonuse of an AED, except as provided in
subdivision (e).
   (3) Notwithstanding Section 1797.196 of the Health and Safety
Code, in order to ensure public safety, a school district shall
ensure all of the following:
   (A) That the AED is maintained and regularly tested according to
the operation and maintenance guidelines set forth by the
manufacturer.
   (B) That the AED is checked for readiness after each use and at
least once every 30 days if the AED has not been used in the
preceding 30 days. Records of these checks shall be maintained.
   (C) That any person who renders emergency care or treatment to a
person in cardiac arrest by using an AED activates the emergency
medical services system as soon as possible.
   (D) That for every AED acquired, up to five units, not less than
one employee per AED shall complete a training course in
cardiopulmonary resuscitation and AED use that complies with the
regulations adopted by the Emergency Medical Services Authority and
the standards of the American Heart Association or the American Red
Cross. After the first five AED are acquired, for each additional
five AED acquired, a minimum of one employee shall be trained
beginning with the first additional AED acquired. Acquirers of AED
shall have trained employees who should be available to respond to an
emergency that may involve the use of an AED unit.
   (E) That there is a written plan available that describes the
procedures to be followed in the event of an emergency that may
involve the use of an AED, to ensure compliance with the requirements
of this section. The written plan shall include, but shall not be
limited to, immediate notification of 911 and trained office
personnel at the start of AED procedures.
   (4) Subparagraphs (B) and (C) shall not apply in the case of
personal injury or wrongful death that results from gross negligence
or willful or wanton misconduct on the part of the person who uses,
attempts to use, or maliciously fails to use an AED to render
emergency care or treatment.
   (b) A high school athlete who is suspected of sustaining a
concussion or head injury in a school-sponsored athletic activity
shall be immediately removed from the activity and shall not be
permitted to return to the activity until he or she is evaluated by a
licensed physician and surgeon, osteopathic physician and surgeon,
or athletic trainer  trained in the management of concussions
 pursuant to Chapter 2.7 (commencing with Section 18898) of
Division 8 of the Business and Professions Code. If  the
athlete is evaluated by   an athletic trainer  
refers an athlete suspected of sustaining a concussion to  a
licensed physician and surgeon or an osteopathic physician and
surgeon, that athlete shall not be permitted to return to the
activity until he or she receives written clearance to return to the
activity from that licensed physician and surgeon or osteopathic
physician and surgeon.
   (c) The governing board of the school district shall ensure that
there is a written emergency action plan available that describes the
procedures to be followed in the event of any emergency that occurs
in connection with an athletic activity.