1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in school health services, further
6providing for automatic external defibrillators.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 1423 of the act of March 10, 1949
10(P.L.30, No.14), known as the Public School Code of 1949, added
11May 17, 2001 (P.L.4, No.4), is amended to read:

12Section 1423. Automatic External Defibrillators.--[(a) For
13the fiscal year 2001-2002, the department shall establish a one-
14time automatic external defibrillator program to assist school
15entities in acquiring automatic external defibrillators.]

16(a.1) Each school entity shall provide for and maintain an
17automatic external defibrillator in each instructional school
18building for use during emergencies.

19(a.2) (1) The department shall establish an automatic

1external defibrillator program to assist school entities and
2nonpublic schools in acquiring automatic external
3defibrillators.

4(2) A school entity or a nonpublic school shall notify the
5department in the manner specified by the department that it
6elects to participate in the program established by this
7subsection.

8(3) No school entity or nonpublic school shall be required
9to participate in the automatic external defibrillator program.

10(b) (1) The department, in consultation with the Department
11of General Services, shall issue an invitation to bid for the
12cost of automatic external defibrillators. The department shall
13accept the bid of the lowest responsible bidder and permit any
14school entity or nonpublic school participating in the program
15to purchase the devices at the contract bid price in numbers 
16sufficient to provide for one device in each instructional 
17school building that does not currently have an operational 
18device.

19(2) The department shall credit the amount provided under
20subsection (i.3) to permit school entities participating in the
21program to purchase devices at a price below the contract bid
22price.

23(c) To be eligible to obtain or purchase automatic external
24defibrillators under the program a school entity must:

25(1) Assure that two (2) or more [persons] school employes
26assigned to the location where the automatic external
27defibrillator will be [primarily housed] located are trained as
28required in subsection (d) and that one of the trained school 
29employes shall be available at all school-sponsored activities 
30conducted after regular school hours in the instructional school 

1building and on school grounds.

2(2) Ensure that the device will be secured in a safe and
3readily accessible location and agree to properly maintain and
4test the device according to the manufacturer's operational
5guidelines.

6(3) Submit a valid prescription for the device from a
7licensed medical practitioner in this Commonwealth.

8(4) Agree to provide the training required by subsection
9(d).

10(d) School [personnel] employes who are expected to use the
11automatic external defibrillator shall complete training in
12cardiopulmonary resuscitation and in the use of an automatic
13external defibrillator provided by the American Heart
14Association, the American Red Cross or through an equivalent
15course of instruction approved by the Department of Health.

16(e) A school entity may include the training required by
17subsection (d) in its continuing professional education plan
18submitted to the department under section 1205.1.

19(f) The provisions of 42 Pa.C.S. § 8331.2 (relating to good
20Samaritan civil immunity for use of automated external
21defibrillator) shall apply to school employes who render care
22with an automatic external defibrillator.

23[(g) From funds appropriated for this purpose, the
24department, upon request, shall provide: up to two (2) automatic
25external defibrillators to each school district; one (1)
26automatic external defibrillator to each intermediate unit; and
27one (1) automatic external defibrillator to each area
28vocational-technical school.

29(h) No school entity shall be required to participate in the
30automatic external defibrillator program.

1(i) No later than June 30, 2002, the secretary shall submit
2a report to the General Assembly describing the effectiveness of
3this section in outfitting the Commonwealth's school entities
4with automatic external defibrillators.]

5(i.1) The department, upon request, shall permit each school
6entity and nonpublic school to participate in the program.

7(i.2) The department shall enforce the provisions of this
8section.

9(i.3) (i) The sum of three million dollars ($3,000,000) is
10appropriated to the department from the Tobacco Settlement Fund
11established in section 303(a) of the act of June 26, 2001
12(P.L.755, No.77), known as the Tobacco Settlement Act, to assist
13school entities participating in the program to purchase
14automatic external defibrillators as provided in this section.

15(ii) The department shall use the appropriation to reduce
16the per unit purchase price of an automatic external
17defibrillator purchased by a school entity below the contract
18bid price.

19(iii) Of the amount appropriated in subparagraph (i), two
20million eight hundred seventy-three thousand eight hundred
21dollars ($2,873,800) shall be allocated to participating school
22districts in the same percentage as the school district received
23for basic education funding in the prior school year. Any funds
24remaining under this paragraph following the completion of the
25initial allocation under this subparagraph and any funds
26received from under subparagraph (vii) shall be allocated to
27participating school districts on a pro rata basis.

28(iv) Of the amount appropriated in subparagraph (i), twenty-
29two thousand four hundred dollars ($22,400) shall be apportioned
30to participating intermediate units in a percentage equal to the

1sum of all percentages of basic education funding received in
2the prior school year by each school district served by the
3participating intermediate unit.

4(v) Of the amount appropriated in subparagraph (i), thirty-
5one thousand three hundred dollars ($31,300) shall be allocated
6to participating area vocational technical schools on a pro rata
7basis, provided that no apportionment to a participating area
8vocational technical school shall exceed a total amount that is
9equivalent to four hundred fifty dollars ($450) per unit.

10(vi) Of the amount appropriated in subparagraph (i), sixty-
11eight thousand dollars ($68,000) shall be allocated to
12participating charter schools on a pro rata basis, provided that
13no apportionment to a participating charter school shall exceed
14a total amount that is equivalent to four hundred fifty dollars
15($450) per unit.

16(vii) Of the amount appropriated in subparagraph (i), Four
17thousand five hundred dollars ($4,500) shall be allocated to
18participating cyber charter schools on a pro rata basis,
19provided that no apportionment to a participating cyber charter
20school shall exceed a total amount that is equivalent to four
21hundred fifty dollars ($450) per unit.

22(viii) Any funds remaining in subparagraphs (iii), (iv), (v)
23or (vi) following the allocation under those subparagraphs shall
24be reallocated to participating school districts as provided
25under subparagraph (ii).

26(j) The department may adopt guidelines as necessary to
27administer this section.

28(k) As used in this section--

29"Automatic external defibrillator" means a portable device
30that uses electric shock to restore a stable heart rhythm to an

1individual in cardiac arrest.

2"Department" means the Department of Education of the
3Commonwealth.

4"School entity" means an area vocational-technical school, a
5charter school, an intermediate unit, a nonpublic school or a
6school district.

7"Secretary" means the Secretary of Education of the
8Commonwealth.

9Section 2. This act shall take effect in 60 days.