AN ACT

 

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," repealing provisions relating to CPR
6instruction and to cardiopulmonary resuscitation; providing
7for medical emergency instruction and procedures and for
8required instruction for CPR and first aid.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 1205.4 of the act of March 10, 1949
12(P.L.30, No.14), known as the Public School Code of 1949, added
13November 22, 2000 (P.L.672, No.91), is repealed:

14[Section 1205.4. CPR Instruction.--(a) School entities
15shall be required to offer a cardiopulmonary resuscitation
16training (CPR) class on school premises at least once every
17three years. The course shall be offered as an option to all
18employes of the school entity.

19(b) Completion of training, including testing of skills and
20knowledge, shall be documented by the signature and title of a
21representative of the training entity and shall include the date

1training was completed. Documentation shall be retained in the
2facility in that employe's file. Training shall be conducted by:

3(1) the American Red Cross;

4(2) the American Heart Association;

5(3) an individual certified to conduct CPR training by the
6American Red Cross, American Heart Association or other
7certifying agency approved by the Department of Health; or

8(4) other certifying agency approved by the Department of
9Health.

10(c) School districts may include this training in the
11continuing education plan submitted by the district to the
12Department of Education under section 1205.1.

13(d) For purposes of this section, a school entity shall be
14defined as a local school district, intermediate unit or area
15vocational-technical school.]

16Section 2. Section 1424 of the act, added June 30, 2012
17(P.L.684, No.82), is repealed:

18[Section 1424. Cardiopulmonary Resuscitation.--(a) A school
19entity shall have at each school, or in the case of a cyber
20charter school at each location, under its jurisdiction, except
21in extenuating circumstances, one person certified in the use of
22cardiopulmonary resuscitation during regular school hours when
23school is in session and students are present.

24(b) The provisions of 42 Pa.C.S. §§ 8332 (relating to
25nonmedical good Samaritan civil immunity) and 8337.1 (relating
26to civil immunity of school officers or employees relating to
27emergency care, first aid and rescue) shall apply to a person
28who renders cardiopulmonary resuscitation.

29(c) As used in this section, "school entity" means an area
30vocational-technical school, a charter school, a cyber charter

1school, an intermediate unit, a nonpublic school or a school
2district.]

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

4ARTICLE XIV-A

5MEDICAL EMERGENCY INSTRUCTION AND PROCEDURES

6Section 1401-A. Definitions.

7The following words and phrases when used in this article
8shall have the meanings given to them in this section unless the
9context clearly indicates otherwise:

10"Automated External Defibrillator" or "AED." A portable
11device that uses electric shock to restore a stable heart rhythm
12to an individual in cardiac arrest.

13"CPR."  Cardiopulmonary resuscitation.

14"Department."  The Department of Education of the
15Commonwealth.

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

17"School entity."  An area vocational-technical school, a
18charter school, a cyber charter school, an intermediate unit, a
19nonpublic school or a school district.

20Section 1402-A.  CPR and first aid instruction.

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

22(1)  A school entity shall provide instruction in the
23principles and techniques of CPR and first aid on the school
24premises as necessary to ensure continuous certification of
25all of the following:

26(i) The professional employees of the school entity.

27 (ii) The athletic and cheerleading coaches of the
28school entity.

29(2) A school entity shall offer the instruction as an
30option to volunteers of the school entity no less than once

1every three years.

2 (b)  Documentation of training.--Completion of training, 
3including testing of skills and knowledge, shall be documented 
4by the signature and title of a representative of the training 
5entity and shall include the date training was completed. 
6Documentation shall be retained by the school entity in that 
7employee's or volunteer's file. Training shall be conducted by 
8any of the following:

9(1)  The American Red Cross.

10(2)  The American Heart Association.

11(3)  Any other certifying agency approved by the
12Department of Health.

13(4)  An individual certified to conduct CPR and first aid
14training by the American Red Cross, American Heart
15Association or any other certifying agency approved by the
16Department of Health.

17(c)  Continuing education.--A school entity shall include
18this training in the continuing education plan submitted by the
19school entity to the department under section 1205.1.

20Section 1403-A.  Cardiac arrest procedures.

21A school entity shall develop safety procedures to follow in
22responding to a medical emergency involving cardiac arrest,
23including the appropriate response time in administering CPR,
24using an AED or calling a local emergency medical services
25provider, provided that no school entity shall be required to
26establish new procedures under this section if procedures
27currently exist and reasonably fulfill the requirements of this
28section.

29Section 1404-A. AED instruction.

30Notwithstanding the provisions of section 1423(c)(1), a

1school entity that has an AED located in one or more school
2buildings or locations shall assure that no fewer than four
3individuals assigned to each school building or location with an
4AED are trained in the use of an AED.

5Section 1405-A.  Donations for CPR and first aid instruction.

6(a)  Donations to the department.--The department may review
7and provide coordination strategies for public and private
8sector efforts to raise and appropriate funds and may enter into
9an agreement with a State agency, private sector organization or
10person as it deems necessary to implement the purposes of this
11article. The department may establish accounts and accept and
12administer gifts, donations or other funds received by the
13department to achieve the purposes of this article.

14(b)  Disbursement.--The department shall develop procedures
15for disbursing gifts, donations or other funds to school
16entities. The department may use no more than 1% of the gifts,
17donations or other funds received to implement the procedures.

18(c)  Donations to school entities.--A school entity may
19accept donations, gifts or other funds from the department, a
20State agency or private sector organization to achieve the
21purposes of this article.

22Section 1406-A. Immunity.

23The provisions of 42 Pa.C.S. §§ 8332 (relating to nonmedical
24good samaritan civil immunity) and 8337.1 (relating to civil
25immunity of school officers or employees relating to emergency
26care, first aid and rescue) shall apply to an individual who
27renders CPR or first aid.

28Section 1407-A. Regulations.

29The department may adopt regulations necessary to effectuate
30this article.

1Section 4. The act is amended by adding a section to read:

2Section 1511.2. Required Instruction for CPR and First Aid.

3(a)  Beginning with the 2015-2016 school year and each school 
4year thereafter, in every secondary public and private school, 
5established and maintained in this Commonwealth, completion of 
6training and certification in CPR and first aid shall be 
7required for student graduation from high school.

8(b)  Beginning with the 2015-2016 school year and each school
9year thereafter, each school entity shall provide secondary
10students with training and testing on the principles and
11techniques of CPR and first aid in accordance with subsection
12(c).

13(c)  A training entity shall train and test secondary
14students' knowledge of CPR and first aid. Completion of the
15training shall be documented by the signature and title of the
16representative of the training entity and shall include the date
17when the training was completed. A copy of the documentation
18shall be submitted to the school entity and shall be maintained
19in the student's records.

20(d) The department may adopt regulations necessary to 
21effectuate this section.

22(e)  The following words and phrases when used in this
23section shall have the meanings given to them in this subsection
24unless the context clearly indicates otherwise:

25"CPR." Cardiopulmonary resuscitation.

26"School entity." An area vocational-technical school, a
27charter school, a cyber charter school, an intermediate unit, a
28nonpublic school or a school district.

29"Training entity." Any of the following:

30(1) The American Red Cross.

1(2) The American Heart Association.

2(3) Any other certifying agency approved by the
3Department of Health.

4(4) An individual certified to conduct CPR and first
5aid training by the American Red Cross, the American
6Heart Association or any other certifying agency approved
7by the Department of Health.

8Section 5. This act shall take effect as follows:

9(1) The addition of section 1403-A of the act shall take
10effect in 180 days.

11(2) The addition of sections 1406-A and 1511.2(d) of the
12act shall take effect in 30 days.

13(3) This section shall take effect immediately.

14(4) The remainder of this act shall take effect in one
15year.