PRINTER'S NO. 1913
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1628
Session of
2023
INTRODUCED BY SCOTT, KINSEY, MADDEN, HILL-EVANS, SANCHEZ, OTTEN,
WARREN, CIRESI, CEPEDA-FREYTIZ, CONKLIN AND GREEN,
AUGUST 29, 2023
REFERRED TO COMMITTEE ON HEALTH, AUGUST 29, 2023
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 school health services, further
providing for automatic external defibrillators, providing
for automated external defibrillators and training, further
providing for sudden cardiac arrest and electrocardiogram
testing and providing for electrocardiogram testing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1423 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended to read:
Section 1423. [Automatic] Automated External
Defibrillators.--(a) The department shall establish an
[automatic] automated external defibrillator program to assist
school entities and nonpublic schools in making [automatic]
automated external defibrillators available in school buildings.
(b) On a biennial basis, the department, in consultation
with the Department of General Services and the Department of
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Health, shall issue an invitation to bid for the cost of
[automatic] automated external defibrillators and other
equipment and supplies necessary for the proper operation of the
device. The department shall accept the bid of the lowest
responsible bidder and permit any school entity or nonpublic
school to purchase the devices at the contract bid price. The
department may purchase [automatic] automated external
defibrillators from any funds appropriated pursuant to
subsection (k) for distribution to school entities and nonpublic
schools.
(c) To be eligible to obtain or purchase [automatic]
automated external defibrillators under the program a school
entity or nonpublic school must:
(1) Assure that two (2) or more persons assigned to the
location where the [automatic] automated external defibrillator
will be primarily housed are trained as required in subsection
(d).
(2) Ensure that the device will be secured in a safe and
readily accessible location and agree to properly maintain and
test the device according to the manufacturer's operational
guidelines.
(3) Submit a valid prescription for the device from a
licensed medical practitioner in this Commonwealth.
(4) Agree to provide the training required by subsection
(d).
(d) School personnel who are expected to use the [automatic]
automated external defibrillator shall complete training in
cardiopulmonary resuscitation and in the use of an [automatic]
automated external defibrillator provided by the American Heart
Association, the American Red Cross or through an equivalent
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course of instruction approved by the Department of Health.
(e) A school entity may include the training required by
subsection (d) in its continuing professional education plan
submitted to the department under section 1205.1.
(f) The provisions of 42 Pa.C.S. § 8331.2 (relating to good
Samaritan civil immunity for use of [automatic] automated
external defibrillator) shall apply to school employes who
render care with an [automatic] automated external
defibrillator.
(g) From funds appropriated for this purpose or from other
funds available, the department may assist school entities and
nonpublic schools that are not equipped with [automatic]
automated external defibrillators by providing a discount from
the contract bid price obtained under subsection (b) or by
providing [automatic] automated external defibrillators obtained
under subsection (b).
(g.1) The purchase of an [automatic] automated external
defibrillator shall be considered an allowable use of
Pennsylvania Accountability Grants under section 2599.2(b).
(g.2) The purchase of [automatic] automated external
defibrillators shall be considered an innovative educational
program under Article XVII-F of the act of March 4, 1971 (P.L.6,
No.2), known as the "Tax Reform Code of 1971."
(h) (Reserved).
(i) Not later than June 30, 2014, and each year thereafter,
each school entity shall make a report to the department
detailing the number, condition, age and placement of
[automatic] automated external defibrillators in each school
building. After the initial report is made, a school entity may
report this information as part of the annual report required by
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the Commonwealth under section 2505.1 to receive State
reimbursement for health services.
(i.1) A nonpublic school that participates in the
[automatic] automated external defibrillator program under
subsection (b) or (g) shall be subject to the reporting required
under subsection (i).
(i.2) The department shall annually publish a report on its
publicly accessible Internet website no later than December 31,
2014, and each year thereafter. The report shall contain the
following information:
(1) The total number of [automatic] automated external
defibrillators by school entity and nonpublic school.
(2) The number of school buildings by school entity and
nonpublic school that are equipped with [automatic] automated
external defibrillators.
(3) The number of school buildings by school entity and
nonpublic school that are not equipped with [automatic]
automated external defibrillators.
(j) The department may adopt guidelines as necessary to
administer this section.
(k) The General Assembly may appropriate funds to carry out
the provisions of this section.
(l) As used in this section--
["Automatic] "Automated external defibrillator" means a
portable device that uses electric shock to restore a stable
heart rhythm to an individual in cardiac arrest.
"Department" means the Department of Education of the
Commonwealth.
"Nonpublic school" means a nonprofit school, other than a
public school within this Commonwealth, wherein a resident of
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this Commonwealth may legally fulfill the compulsory school
attendance requirements of this act and which meets the
applicable requirements of Title VI of the Civil Rights Act of
1964 (Public Law 88-352, 78 Stat. 241).
"School building" means a building owned by or under the
control of a school entity or nonpublic school where classes are
taught or extracurricular activities are conducted on a regular
basis.
"School entity" means an area career and technical school, a
charter school, a cyber charter school, an intermediate unit or
a school district.
"Secretary" means the Secretary of Education of the
Commonwealth.
Section 2. The act is amended by adding a section to read:
Section 1423.1. Automated External Defibrillators and
Training.--( a) The following shall apply:
(1) Each school entity shall place an automated external
defibrillator in an easily accessible, centralized location in
each occupied school building or facility where school-sponsored
activities or athletic activities occur.
(2) A minimum of four school entity employes trained in the
use of an automated external defibrillator must be present in or
in an area immediately surrounding the location of an automated
external defibrillator throughout the school day.
(3) A minimum of two school entity employes or volunteers
trained in the use of an automated external defibrillator must
be present at each school-sponsored or school-approved athletic
activity.
(4) The following school entity employes shall participate,
on an annual basis, in training on the use of an automated
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external defibrillator provided by the American Heart
Association, the American Red Cross or through an equivalent
course of instruction approved by the Department of Health:
(i) The school nurse and at least one additional member of
the nursing staff.
(ii) The school principal and at least one additional member
of school administration.
(iii) A physical education teacher.
(iv) The head coach of each athletic team and at least one
additional member of the coaching staff.
(v) The school resource officer or any other school security
personnel.
(vi) The director of athletic activities or a designee.
(vii) Any other employe as assigned by the school entity in
compliance with this section.
(b) Each school entity shall perform an annual inspection to
ensure that each automated external defibrillator is functional
according to manufacturer's guidelines.
(c) On an annual basis, each school entity shall report to
the Department of Education and Department of Health the
following information:
(1) The number of automated external defibrillators placed
in school buildings and facilities.
(2) The names of employes trained in the use of automated
external defibrillators and proof of certification or successful
completion of training.
(3) Any other information requested by the Department of
Education or Department of Health relating to automated external
defibrillator availability and training.
(d) As used in this section, the following words and phrases
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shall have the meanings given to them in this subsection:
"Athletic activity." Any of the following:
(1) Interscholastic athletics as defined in section 1602-A.
(2) An athletic contest or competition, other than
interscholastic athletics, that is sponsored by or associated
with a school entity, including cheerleading, club-sponsored
sports activities or sports activities sponsored by school-
affiliated organizations.
(3) Noncompetitive cheerleading that is sponsored by or
associated with a school entity.
(4) Practices, interschool practices and scrimmages for an
activity listed under clause (1), (2) or (3).
"Automated external defibrillator." As defined in section
1423.
"School building or facility." A building or facility owned
by or under the control of a school entity or, in the case of a
cyber charter school, at each location under the cyber charter
school's jurisdiction, where classes are taught or
extracurricular activities are conducted on a regular basis.
"School entity." A public school, charter school, cyber
charter school, private school, nonpublic school, intermediate
unit or area career and technical school.
"School resource officer" or "school security personnel." As
defined in section 1301-C.
"School-sponsored activities." Assemblies, graduation
ceremonies, athletic activities, extracurricular activities,
clubs, groups, teams or any activities sponsored, held or
approved by the school entity whether held during normal school
hours or otherwise.
Section 3. Section 1425(a) and (d)(1) of the act are amended
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to read:
Section 1425. Sudden Cardiac Arrest and Electrocardiogram
Testing.--(a) (1) The department and the Department of
Education shall develop and post on their publicly accessible
Internet websites guidelines and other relevant materials to
inform and educate students participating in or desiring to
participate in an athletic activity, their parents or guardians
and their coaches about:
(i) The nature and warning signs of sudden cardiac arrest,
including the risks associated with continuing to play or
practice after experiencing one (1) or more symptoms of sudden
cardiac arrest, including fainting, difficulty breathing, chest
pains, dizziness and abnormal racing heart rate.
(ii) Information about electrocardiogram testing, including
the potential risks, benefits and evidentiary basis behind
electrocardiogram testing.
(iii) The [option] requirement to request, from the family's
medical provider or a cardiologist, the administration of an
electrocardiogram, in addition to the comprehensive initial
participation physical examination, at a cost to be incurred by
the parent or guardian.
(2) In developing the guidelines and materials, the
department and the Department of Education shall consult with a
nationally accredited cardiology association and may utilize
existing materials developed by organizations such as Parent
Heart Watch, Sudden Arrhythmia Death Syndromes Foundation and
the American College of Cardiology.
(3) A student participating in or desiring to participate in
an athletic activity and the student's parent or guardian shall,
each school year and prior to participation by the student in an
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athletic activity, sign and return to the student's school an
acknowledgment of receipt and review of a sudden cardiac arrest
symptoms and warning signs information sheet that includes
information about electrocardiogram testing developed under this
subsection.
(4) The parent or legal guardian or a student participating
in or desiring to participate in an athletic activity shall,
prior to participation in an athletic activity and every other
year thereafter through the twelfth grade, provide certification
from the family's medical provider or a cardiologist that the
student has received electrocardiogram testing and does not
exhibit signs, symptoms or risk factors of sudden cardiac
arrest.
* * *
(d) (1) Once each school year, a coach of an athletic
activity shall complete [the sudden cardiac arrest training
course] training in sudden cardiac arrest and the use of an
automated external defibrillator offered by a provider approved
by the department.
* * *
Section 4. The act is amended by adding a section to read:
Section 1426. Electrocardiogram Testing.--(a) Prior to
admission to school for the first time, a parent or legal
guardian shall present to the school entity certification from a
primary care provider or cardiologist that the child has passed
or failed an electrocardiogram performed by a primary care
provider, cardiologist or other health care provider with
specific training in cardiovascular screening techniques and
protocols approved by the Department of Health, at a cost to be
incurred by the parent or guardian.
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(b) The following shall apply:
(1) Every two years until the child graduates from the
twelfth grade, the child shall receive electrocardiogram testing
as required under subsection (a).
(2) For a child who fails an electrocardiogram test, a
comprehensive cardiovascular examination, performed by a
cardiologist shall be required within one hundred twenty (120)
days or before the start of the next school year, whichever
comes first. Notification shall include a form, to be completed
by the examining cardiologist, to be used for reporting the
results of the examination. The report may include the
following:
(i) Date of report.
(ii) Name, address and date of birth of the child.
(iii) Name of the child's school.
(iv) A summary of significant findings, diagnosis,
treatment, prognosis and whether a return visit is recommended
and, if so, when.
(v) Recommended educational and physical activity
adjustments for the child, if any.
(vi) Name, address and signature of the examiner.
(3) The examination report may be accompanied by an envelope
for return of the form to school health personnel so the
completion status and result of the examination under clause (2)
may be recorded.
(c) A child may not be denied admission or excluded from
attending school for the reason that the parent or legal
guardian failed to furnish a report of the child's
electrocardiogram test or to have a cardiovascular examination
completed upon failure of the electrocardiogram.
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(d) A school entity shall not be required to facilitate
comprehensive cardiovascular examinations or held financially
responsible for the treatment of a child who fails the required
electrocardiogram testing.
(e) This section shall apply to school years beginning after
the effective date of this section.
Section 5. This act shall take effect in 60 days.
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