Regular Session 2015-2016 Senate Bill 0529 P.N. 0486

PRINTER'S NO. 486

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

529

Session of

2015

INTRODUCED BY FARNESE, FONTANA, BLAKE, COSTA, TARTAGLIONE,

ALLOWAY AND WARD, FEBRUARY 20, 2015

REFERRED TO EDUCATION, FEBRUARY 20, 2015

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in certification of teachers and in

school health services, repealing provisions relating to CPR

instruction and to cardiopulmonary resuscitation; providing

for medical emergency instruction and procedures and for

required instruction for CPR and first aid.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1205.4 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, added

November 22, 2000 (P.L.672, No.91), is repealed:

[Section 1205.4. CPR Instruction.--(a) School entities

shall be required to offer a cardiopulmonary resuscitation

training (CPR) class on school premises at least once every

three years. The course shall be offered as an option to all

employes of the school entity.

(b) Completion of training, including testing of skills and

knowledge, shall be documented by the signature and title of a

representative of the training entity and shall include the date

training was completed. Documentation shall be retained in the

facility in that employe's file. Training shall be conducted by:

(1) the American Red Cross;

(2) the American Heart Association;

(3) an individual certified to conduct CPR training by the

American Red Cross, American Heart Association or other

certifying agency approved by the Department of Health; or

(4) other certifying agency approved by the Department of

Health.

continuing education plan submitted by the district to the

Department of Education under section 1205.1.

(d) For purposes of this section, a school entity shall be

defined as a local school district, intermediate unit or area

vocational-technical school.]

Section 2. Section 1424 of the act, added June 30, 2012

(P.L.684, No.82), is repealed:

[Section 1424. Cardiopulmonary Resuscitation.--(a) A school

entity shall have at each school, or in the case of a cyber

charter school at each location, under its jurisdiction, except

in extenuating circumstances, one person certified in the use of

cardiopulmonary resuscitation during regular school hours when

school is in session and students are present.

(b) The provisions of 42 Pa.C.S. §§ 8332 (relating to

nonmedical good Samaritan civil immunity) and 8337.1 (relating

to civil immunity of school officers or employees relating to

emergency care, first aid and rescue) shall apply to a person

who renders cardiopulmonary resuscitation.

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vocational-technical school, a charter school, a cyber charter

school, an intermediate unit, a nonpublic school or a school

district.]

Section 3. The act is amended by adding an article to read:

ARTICLE XIV-A

MEDICAL EMERGENCY INSTRUCTION AND PROCEDURES

Section 1401-A. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Automated External Defibrillator" or "AED." A portable

device that uses electric shock to restore a stable heart rhythm

to an individual in cardiac arrest.

"CPR." Cardiopulmonary resuscitation.

"Department." The Department of Education of the

Commonwealth.

"Professional employee." As defined under section 1101(1).

"School entity." An area vocational-technical school, a

charter school, a cyber charter school, an intermediate unit, a

nonpublic school or a school district.

Section 1402-A. CPR and first aid instruction.

(a) Instruction.--All of the following shall apply:

(1) A school entity shall provide instruction in the

principles and techniques of CPR and first aid on the school

premises as necessary to ensure continuous certification of

all of the following:

(i) The professional employees of the school entity.

(ii) The athletic and cheerleading coaches of the

school entity.

(2) A school entity shall offer the instruction as an

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option to volunteers of the school entity no less than once

every three years.

(b) Documentation of training.--Completion of training,

including testing of skills and knowledge, shall be documented

by the signature and title of a representative of the training

entity and shall include the date training was completed.

Documentation shall be retained by the school entity in that

employee's or volunteer's file. Training shall be conducted by

any of the following:

(1) The American Red Cross.

(2) The American Heart Association.

(3) Any other certifying agency approved by the

Department of Health.

(4) An individual certified to conduct CPR and first aid

training by the American Red Cross, American Heart

Association or any other certifying agency approved by the

Department of Health.

this training in the continuing education plan submitted by the

school entity to the department under section 1205.1.

Section 1403-A. Cardiac arrest procedures.

A school entity shall develop safety procedures to follow in

responding to a medical emergency involving cardiac arrest,

including the appropriate response time in administering CPR,

using an AED or calling a local emergency medical services

provider, provided that no school entity shall be required to

establish new procedures under this section if procedures

currently exist and reasonably fulfill the requirements of this

section.

Section 1404-A. AED instruction.

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Notwithstanding the provisions of section 1423(c)(1), a

school entity that has an AED located in one or more school

buildings or locations shall assure that no fewer than four

individuals assigned to each school building or location with an

AED are trained in the use of an AED.

Section 1405-A. Donations for CPR and first aid instruction.

(a) Donations to the department.--The department may review

and provide coordination strategies for public and private

sector efforts to raise and appropriate funds and may enter into

an agreement with a State agency, private sector organization or

person as it deems necessary to implement the purposes of this

article. The department may establish accounts and accept and

administer gifts, donations or other funds received by the

department to achieve the purposes of this article.

(b) Disbursement.--The department shall develop procedures

for disbursing gifts, donations or other funds to school

entities. The department may use no more than 1% of the gifts,

donations or other funds received to implement the procedures.

accept donations, gifts or other funds from the department, a

State agency or private sector organization to achieve the

purposes of this article.

Section 1406-A. Immunity.

The provisions of 42 Pa.C.S. §§ 8332 (relating to emergency

response provider and bystander good samaritan civil immunity)

and 8337.1 (relating to civil immunity of school officers or

employees relating to emergency care, first aid and rescue)

shall apply to an individual who renders CPR or first aid.

Section 1407-A. Regulations.

The department may adopt regulations necessary to effectuate

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this article.

Section 4. The act is amended by adding a section to read:

Section 1511.2. Required Instruction for CPR and First

Aid.--(a) Beginning with the 2017-2018 school year and each

school year thereafter, in every secondary public and private

school, established and maintained in this Commonwealth,

completion of training and certification in CPR and first aid

shall be required for student graduation from high school .

(b) Beginning with the 2017-2018 school year and each school

year thereafter, each school entity shall provide secondary

students with training and testing on the principles and

techniques of CPR and first aid in accordance with subsection

(c).

students' knowledge of CPR and first aid. Completion of the

training shall be documented by the signature and title of the

representative of the training entity and shall include the date

when the training was completed. A copy of the documentation

shall be submitted to the school entity and shall be maintained

in the student's records.

(d) T he Department of Education may adopt regulations

necessary to effectuate this section.

(e) The following words and phrases when used in this

section shall have the meanings given to them in this subsection

unless the context clearly indicates otherwise:

"CPR." Cardiopulmonary resuscitation.

"School entity." An area vocational-technical school, a

charter school, a cyber charter school, an intermediate unit, a

nonpublic school or a school district.

"Training entity." Any of the following:

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(1) The American Red Cross.

(2) The American Heart Association.

(3) Any other certifying agency approved by the Department

of Health.

(4) An individual certified to conduct CPR and first aid

training by the American Red Cross, the American Heart

Association or any other certifying agency approved by the

Department of Health.

Section 5. This act shall take effect as follows:

(1) The addition of section 1403-A of the act shall take

effect in 180 days.

(2) The addition of sections 1406-A and 1511.2(d) of the

act shall take effect in 30 days.

(3) This section shall take effect immediately.

(4) The remainder of this act shall take effect in one

year.

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