PRINTER'S NO. 4139
No. 2721 Session of 2006
INTRODUCED BY T. STEVENSON, ALLEN, BEBKO-JONES, CAWLEY, COHEN,
FLAHERTY, FRANKEL, GEORGE, GOODMAN, KOTIK, MANN, McGEEHAN,
SCAVELLO, SOLOBAY, E. Z. TAYLOR AND WILT, JUNE 6, 2006
REFERRED TO COMMITTEE ON EDUCATION, JUNE 6, 2006
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," providing for onsite automatic
6 external defibrillators.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10 as the Public School Code of 1949, is amended by adding a
11 section to read:
12 Section 1423.1. Onsite Automatic External Defibrillators.--
13 (a) Whenever school entities' facilities are used for school-
14 sponsored or school-approved curricular or extracurricular
15 athletic events, or for interscholastic athletics, and whenever
16 such events or athletics are held at any location, the school
17 entity whose facilities are being used shall be responsible for
18 ensuring the presence of at least one automatic external
19 defibrillator and one school employe who is trained pursuant to
1 section 1423(f) at each curricular or extracurricular athletic
2 event or interscholastic athletic contest or competition. Where
3 a school-sponsored or school-approved curricular or
4 extracurricular athletic event or interscholastic athletic
5 contest or competition is held at a site other than a school
6 entity, an automatic external defibrillator and one person who
7 is trained in the operation and use of an automatic external
8 defibrillator shall be onsite.
9 (b) Any public institution of higher education that competes
10 in intercollegiate athletics shall have an automatic external
11 defibrillator on its premises in its athletic department. Staff
12 expected to use the automatic external defibrillator shall
13 complete the same training as is required under section 1423(f).
14 (c) The provisions of 42 Pa.C.S. § 8331.2 (relating to good
15 Samaritan civil immunity for use of automated external
16 defibrillator) shall apply to any school personnel, including
17 staff of any public institution of higher education, who render
18 care with an automatic external defibrillator under this
19 section.
20 (d) A school entity or public institution of higher
21 education that is unable to implement the provisions of this
22 section within one hundred eighty (180) days of the effective
23 date of this section shall notify the Department of Education in
24 writing of the reasons it is unable to comply. The department
25 shall have sixty (60) days from receipt of the notice to
26 evaluate those reasons. If the Department of Education fails to
27 act within that time period, the school entity or public
28 institution of higher education shall have an additional one
29 hundred eighty (180) days to implement the provisions of this
30 section. If the Department of Education disapproves the notice,
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1 the basis for the Department of Education's disapproval shall be
2 transmitted to the school entity or public institution of higher
3 education. The school entity or public institution of higher
4 education may submit a revised notice.
5 (e) As used in this section--
6 "Intercollegiate sports" shall have the same meaning as given
7 to it in 5 Pa.C.S. § 3102 (relating to definitions).
8 "Interscholastic athletics" shall have the same meaning as
9 given to it in section 1602-A.
10 "Public institution of higher education" means any community
11 college, State-owned institution or State-related institution.
12 "School entity" shall have the same meaning as given to it in
13 section 1423.
14 Section 2. This act shall take effect in 180 days.
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