THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SIPTROTH, BELFANTI, BEYER, BRENNAN, CALTAGIRONE, CREIGHTON, FREEMAN, GEIST, GIBBONS, GOODMAN, GRUCELA, HARKINS, HORNAMAN, JOHNSON, KULA, MILNE, MURPHY, PEIFER, READSHAW, SCAVELLO, SOLOBAY, J. TAYLOR, THOMAS, YOUNGBLOOD, GERBER, BRADFORD, HELM, BRIGGS, FARRY, TURZAI AND MATZIE, JUNE 30, 2009

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 16, 2010   

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," further providing for CPR

instruction; providing for procedures regarding response to

cardiac arrest, for donations for use related to CPR and

automated external defibrillator instruction, and for

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donations to school entities for use in CPR instruction and

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for a cardiovascular screening pilot program; repealing

provisions relating to automated external defibrillation; and

providing for availability of automated external

defibrillator.

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 amended to read:

Section 1205.4.  CPR and Use of Automated External

Defibrillator Instruction.--(a)  School entities shall [be

required to offer a cardiopulmonary resuscitation training (CPR)

class] make available to district employes and volunteers

instruction in the principles and techniques of cardiopulmonary

resuscitation (CPR) and the use of an automated external

defibrillator (AED) on school premises at least once every three

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

and volunteers 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 or volunteer'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.

(c)  School [districts] entities may include this training in

the continuing education plan submitted by the district to the

Department of Education under section 1205.1.

(c.1)  Each teacher, administrator, (1)  School entities

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shall assure that each automated defibrillator location has at

least five (5) persons trained and certified in the use of an

automated external defibrillator. Each school nurse, assistant

school nurse, athletic coach or sponsor, marching band director, 

physical education teacher, athletic trainer, athletic training

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student aide, cheerleading coach and any other school employe

specified by the Secretary of Education and each student who

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serves as an athletic trainer must participate in the

instruction in the use of an automated external defibrillator. A

person described in this subsection must receive and maintain

certification in the use of an automated external defibrillator

from the American Heart Association, the American Red Cross or a

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similar nationally recognized association.:

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(i)  the American Red Cross;

(ii)  the American Heart Association;

(iii)  an individual certified to conduct automated external

defibrillator training by the American Red Cross, American Heart

Association or other certifying agency approved by the

Department of Health; or

(iv)  other certifying agency approved by the Department of

Health.

(2)  A school entity shall assure that at a minimum one (1)

person trained and certified in the use of an automatic external

defibrillator is in the immediate vicinity of the location of

the automatic external defibrillator during school hours.

(c.2)  A nonpublic or private school that receives an AED

from the Department of Education or receives funding from a

certifying agency to purchase or lease an AED under section

1205.6 shall adopt a policy under which the school makes

available to school employes and volunteers instruction in the

principles and techniques of cardiopulmonary resuscitation and

the use of an AED. The policy must comply with the requirements

prescribed by this section and rules adopted by the department.

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

defined as a local school district, intermediate unit, [or] area

vocational-technical school or, charter school or cyber charter

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school.

Section 2.  The act is amended by adding sections to read:

Section 1205.6.  Procedures Regarding Response to Cardiac

Arrest.--(a)  Each school entity, nonpublic and private school

shall develop safety procedures to follow in responding to a

medical emergency involving cardiac arrest, including the

appropriate response time in administering cardiopulmonary

resuscitation, using an automated external defibrillator (AED)

or calling a local emergency medical services provider.

(b)  A nonpublic or private school that receives an AED from

the Department of Education or receives funding from the

department to purchase or lease an AED shall comply with this

section.

Section 1205.7.  Donations for Use Related to CPR and

Automated External Defibrillator Instruction.--(a)  The

Department of Education may accept donations, including

donations of equipment, for use in providing cardiopulmonary

resuscitation (CPR) and automated external defibrillator (AED)

instruction to students, school employes and volunteers. The

department:

(1)  shall distribute the donations to school entities for

the purpose of CPR and AED instruction under sections section 

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1205.4 and 1205.8; and

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(2)  may use a portion of the donations to the extent

necessary to pay administrative expenses related to the

donations.

(b)  A school entity may accept from the Department of

Education donations the department receives under subsection (a)

for use in providing instruction to students in the principles

and techniques of CPR and operating an AED. A school entity may

accept other donations, including donations of equipment, for

use in providing the instruction.

(c)  To the extent that resources are available to a school

entity under this section, the school entity shall provide make

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available instruction to students in the principles and

techniques of CPR and operating an AED.

(d)  A school entity may use resources other than those made

available under this section to provide make available 

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instruction to students in the principles and techniques of CPR

and operating an AED.

(e)  The Department of Education may adopt rules as necessary

to implement this section.

Section 1402.1.  Cardiovascular Screening Pilot Program.--(a)  

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There is hereby established a pilot program under which sixth

grade students at participating school entities are administered

a cardiovascular screening, including an electrocardiogram and

an echocardiogram.

(b)  The Secretary of Education shall select school entities

to participate in the pilot program. In selecting school

entities, the secretary shall ensure that the cardiovascular

screening is administered to an ethnically diverse range of

students.

(c)  The Department of Education may accept grants and

donations for use in administering the pilot program.

(d)  Participating school entities shall:

(1)  provide the results of a student's cardiovascular

screening to the student's parent or guardian; and

(2)  provide a summary of the results of the cardiovascular

screenings to the department in a manner that does not identify

specific students. Not later than June 30, 2010, the department

shall prepare and deliver to the General Assembly a report

summarizing the results of the cardiovascular screenings. This

subsection expires January 31, 2010.

(e)  The Department of Education may adopt rules necessary to

administer this section.

Section 3.  Section 1423 of the act, added May 17, 2001

(P.L.4, No.4), is repealed:

[Section 1423.  Automatic External Defibrillators.--(a)  For

the fiscal year 2001-2002, the department shall establish a one-

time automatic external defibrillator program to assist school

entities in acquiring automatic external defibrillators.

(b)  The department, in consultation with the Department of

General Services, shall issue an invitation to bid for the cost

of automatic external defibrillators. The department shall

accept the bid of the lowest responsible bidder and permit any

school entity to purchase the devices at the contract bid price.

(c)  To be eligible to obtain or purchase automatic external

defibrillators under the program a school entity must:

(1)  Assure that two (2) or more persons assigned to the

location where the automatic 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

external defibrillator shall complete training in

cardiopulmonary resuscitation and in the use of an automatic

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.

(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 automated external

defibrillator) shall apply to school employes who render care

with an automatic external defibrillator.

(g)  From funds appropriated for this purpose, the

department, upon request, shall provide: up to two (2) automatic

external defibrillators to each school district; one (1)

automatic external defibrillator to each intermediate unit; and

one (1) automatic external defibrillator to each area

vocational-technical school.

(h)  No school entity shall be required to participate in the

automatic external defibrillator program.

(i)  No later than June 30, 2002, the secretary shall submit

a report to the General Assembly describing the effectiveness of

this section in outfitting the Commonwealth's school entities

with automatic external defibrillators.

(j)  The department may adopt guidelines as necessary to

administer this section.

(k)  As used in this section--

"Automatic 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.

"School entity" means an area vocational-technical school, a

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

school district.

"Secretary" means the Secretary of Education of the

Commonwealth.]

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

Section 1423.1.  Availability and Specifications of Automated

External Defibrillators.--(a)  Every school entity, nonpublic

and private school shall have at least one automated external

defibrillator (AED) in each occupied building on the school's

premises or campus at all times. The board of school directors

shall adopt a policy regarding the placement and use of AEDs and

the number of personnel who must receive training as required by

section 1205.4.

(b)  Whenever school entities' facilities are used for

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school-sponsored or school-approved interscholastic athletics,

and whenever such events or athletics are held at any location,

the school entity whose facilities are being used shall, in

(b)  Whenever a school entity uses its facility for its own

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school-sponsored or school-approved interscholastic athletics,

the school entity shall, in cooperation with the Pennsylvania

Interscholastic Athletic Agency Association (PIAA), make

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available an AED and at least one school employe who is trained

and certified pursuant to section 1205.4 at each interscholastic

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athletic contest or competition. The presence of emergency

services personnel shall fulfill the requirement.

(c)  This section does not:

(1)  waive any liability or immunity of a school entity or

its officers or employes; or

(2)  create any liability for or a cause of action against a

school entity or its officers or employes.

(d)  The provisions of 42 Pa.C.S. § 8331.2 (relating to good

Samaritan civil immunity for use of automated external

defibrillator) shall apply to school employes who render care

with an AED.

(e)  Every school entity, nonpublic and private school shall

ensure that every AED on the school's premises or campus is

properly tested and maintained in accordance with the

manufacturer's operational guidelines. Every AED in a school

entity, nonpublic school or private school shall meet the most

recent minimum specifications as required by the Department of

Health.

Section 5.  School entities, nonpublic schools and private

schools shall comply with the amendment to section 1205.4 and

the addition of sections 1205.6 and 1423.1 of the act no later

than three years after the effective date of this act.

Section 6.  This act shall take effect in 60 days.