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," <-providing for public hearing and vote 
6on acquisition of automatic external defibrillators. <-in 
7school health services, further providing for automated 
8external defibrillators.

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

<-11Section 1. The act of March 10, 1949 (P.L.30, No.14), known
12as the Public School Code of 1949, is amended by adding a
13section to read:

14Section 1423.1. Public Hearing and Vote On Acquisition of
15Automatic External Defibrillators.--(a) Public hearings shall
16be as follows:

17(1) Subject to clauses (2) and (3), within ninety (90) days 
18of the effective date of this section and every five years 
19thereafter, the governing body of each school entity shall
20convene a public hearing to consider whether the school entity

1will acquire an automatic external defibrillator for each school
2building of the school entity. Representatives of the American
3Heart Association or the American Red Cross shall be invited to
4participate in the public hearing.

5(2) A school entity that has acquired an automatic external
6defibrillator for each school building of the school entity
7shall not be required to convene a public hearing under clause
8(1).

9(3) A school entity that is established after the effective
10date of this section shall convene a public hearing under clause
11(1) within ninety (90) days after the first day classes are in
12session for the school entity and every five years thereafter,
13subject to clause (2).

14(b) Within ninety (90) days of the public hearing convened
15pursuant to subsection (a), the governing body of each school
16entity shall approve or disapprove a resolution to acquire an
17automatic external defibrillator for each school building of the
18school entity by majority vote at a public meeting of the
19governing body.

20(c) Section 1423(c), (d), (e) and (f) shall apply to any
21school entity that acquires an automatic external defibrillator.

22(d) As used in this section--

23"Automatic external defibrillator" shall have the meaning set
24forth in section 1423(k).

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

28Section 2. This act shall take effect immediately.

<-29Section 1. Section 1423 of the act of March 10, 1949 
30(P.L.30, No.14), known as the Public School Code of 1949, added
 

1May 17, 2001 (P.L.4, No.4), is amended to read:

2Section 1423. Automatic External Defibrillators.--(a) [For
3the fiscal year 2001-2002, the] The department shall establish
4[a one-time] an automatic external defibrillator program to
5assist school entities and nonpublic schools in [acquiring]
6making automatic external defibrillators available in school 
7buildings.

8(b) [The] On a biennial basis, the department, in
9consultation with the Department of General Services and the 
10Department of Health, shall issue an invitation to bid for the
11cost of automatic external defibrillators and other equipment 
12and supplies necessary for the proper operation of the device.
13The department shall accept the bid of the lowest responsible
14bidder and permit any school entity or nonpublic school to
15purchase the devices at the contract bid price. The department 
16may purchase automatic external defibrillators from any funds 
17appropriated pursuant to subsection (k) for distribution to 
18school entities and nonpublic schools.

19(c) To be eligible to obtain or purchase automatic external
20defibrillators under the program a school entity or nonpublic 
21school must:

22(1) Assure that two (2) or more persons assigned to the
23location where the automatic external defibrillator will be
24primarily housed are trained as required in subsection (d).

25(2) Ensure that the device will be secured in a safe and
26readily accessible location and agree to properly maintain and
27test the device according to the manufacturer's operational
28guidelines.

29(3) Submit a valid prescription for the device from a
30licensed medical practitioner in this Commonwealth.

1(4) Agree to provide the training required by subsection
2(d).

3(d) School personnel who are expected to use the automatic
4external defibrillator shall complete training in
5cardiopulmonary resuscitation and in the use of an automatic
6external defibrillator provided by the American Heart
7Association, the American Red Cross or through an equivalent
8course of instruction approved by the Department of Health.

9(e) A school entity may include the training required by
10subsection (d) in its continuing professional education plan
11submitted to the department under section 1205.1.

12(f) The provisions of 42 Pa.C.S. § 8331.2 (relating to good
13Samaritan civil immunity for use of automated external
14defibrillator) shall apply to school employes who render care
15with an automatic external defibrillator.

16(g) From funds appropriated for this purpose, the
17department[, upon request, shall provide: up to two (2)
18automatic external defibrillators to each school district; one
19(1) automatic external defibrillator to each intermediate unit;
20and one (1) automatic external defibrillator to each area
21vocational-technical school.] may assist school entities and 
22nonpublic schools that are not equipped with automatic external 
23defibrillators by providing a discount from the contract bid 
24price obtained under subsection (b) or by providing automatic 
25external defibrillators obtained under subsection (b).

26(g.1) The purchase of an automatic external defibrillator
27shall be considered an allowable use of Pennsylvania
28Accountability Grants under section 2599.2(b).

29(g.2) The purchase of automatic external defibrillators
30shall be considered an innovative educational program under

1Article XVII-F of the act of March 4, 1971 (P.L.6, No.2), known
2as the "Tax Reform Code of 1971."

3(h) [No school entity shall be required to participate in
4the automatic external defibrillator program.] (Reserved).

5(i) [No later than June 30, 2002, the secretary shall submit
6a report to the General Assembly describing the effectiveness of
7this section in outfitting the Commonwealth's school entities
8with automatic external defibrillators.] Not later than June 30, 
92014, and each year thereafter, each school entity shall make a 
10report to the department detailing the number, condition, age 
11and placement of automatic external defibrillators in each 
12school building. After the initial report is made, a school 
13entity may report this information as part of the annual report 
14required by the Commonwealth under section 2505.1 to receive 
15State reimbursement for health services.

16(i.1) A nonpublic school that participates in the automatic
17external defibrillator program under subsection (b) or (g) shall
18be subject to the reporting required under subsection (i).

19(i.2) The department shall annually publish a report on its
20publicly accessible Internet website no later than December 31,
212014, and each year thereafter. The report shall contain the
22following information:

23(1) The total number of automatic external defibrillators by
24school entity and nonpublic school.

25(2) The number of school buildings by school entity and
26nonpublic school equipped with automatic external
27defibrillators.

28(3) The number of school buildings by school entity and
29nonpublic school that need to be equipped with automatic
30external defibrillators.

1(j) The department may adopt guidelines as necessary to
2administer this section.

3(k) The General Assembly may appropriate funds to carry out 
4the provisions of this section.

5(l) As used in this section--

6"Automatic external defibrillator" means a portable device
7that uses electric shock to restore a stable heart rhythm to an
8individual in cardiac arrest.

9"Department" means the Department of Education of the
10Commonwealth.

11"Nonpublic school" means a nonprofit school, other than a 
12public school within this Commonwealth, wherein a resident of 
13this Commonwealth may legally fulfill the compulsory school 
14attendance requirements of this act and which meets the 
15applicable requirements of Title VI of the Civil Rights Act of 
161964 (Public Law 88-352, 78 Stat. 241).

17"School building" means a building owned by or under the
18control of a school entity or nonpublic school where classes are
19taught or extracurricular activities are conducted on a regular
20basis.

21"School entity" means an area vocational-technical school, a
22charter school, a cyber charter school, an intermediate unit[, a
23nonpublic school] or a school district.

24"Secretary" means the Secretary of Education of the
25Commonwealth.

26Section 2. This act shall take effect in 60 days.