S0375B0318A01130 SFR:CMH 06/18/23 #90 A01130
AMENDMENTS TO SENATE BILL NO. 375
Sponsor: SENATOR ARGALL
Printer's No. 318
Amend Bill, page 1, lines 1 through 11, by striking out all
of said lines and inserting
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,
repealing provisions relating to CPR instruction; and, in
school health services, repealing provisions relating to
automatic external defibrillators and providing for AED and
CPR instruction and procedure, establishing the Automated
External Defibrillator (AED) Program and providing for
availability and specifications of automated external
defibrillators.
This act shall be known and may be cited as Greg Moyer's Law.
Amend Bill, page 1, lines 14 through 22; pages 2 through 10,
lines 1 through 30; page 11, lines 1 through 3; by striking out
all of said lines on said pages and inserting
Section 1. Sections 1205.4 and 1423 of the act of March 10,
1949 (P.L.30, No.14), known as the Public School Code of 1949,
are repealed: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
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certifying agency approved by the Department of Health; or
(4) other certifying agency approved by the Department of
Health.
(c) School districts may include this training in the
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
career and technical school.
Section 1423. Automatic External Defibrillators.--(a) The
department shall establish an automatic external defibrillator
program to assist school entities and nonpublic schools in
making automatic 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
Health, shall issue an invitation to bid for the cost of
automatic 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 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 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 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. ยง 8331.2 (relating to good
Samaritan civil immunity for use of automated external
defibrillator) shall apply to school employes who render care
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with an automatic external defibrillator.
(g) From funds appropriated for this purpose, the department
may assist school entities and nonpublic schools that are not
equipped with automatic external defibrillators by providing a
discount from the contract bid price obtained under subsection
(b) or by providing automatic external defibrillators obtained
under subsection (b).
(g.1) The purchase of an automatic external defibrillator
shall be considered an allowable use of Pennsylvania
Accountability Grants under section 2599.2(b).
(g.2) The purchase of automatic 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
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 the
Commonwealth under section 2505.1 to receive State reimbursement
for health services.
(i.1) A nonpublic school that participates in the automatic
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 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 external
defibrillators.
(3) The number of school buildings by school entity and
nonpublic school that are not equipped with automatic 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 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
this Commonwealth may legally fulfill the compulsory school
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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 sections to read:
Section 1423.1. AED and CPR Instruction and Procedure.--(a)
Each school entity shall make available to the school entity's
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 two years. The following apply:
(1) The instruction shall be offered as an option to all
school entity employes and volunteers.
(2) The instruction shall be conducted by any of the
following:
(i) The American Red Cross.
(ii) The American Heart Association.
(iii) 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.
(iv) Another certifying agency approved by the Department of
Health.
(3) A school entity, nonpublic school or private school, as
applicable, may provide the instruction under this section
through the Internet or other electronic means.
(b) The following apply to AED locations and training:
(1) Each school entity shall ensure that each AED location
has at least five (5) individuals trained and certified in the
use of an AED.
(2) Each school nurse or designee, coach of an athletic
activity, music director, physical education teacher, athletic
trainer and athletic training student aide within each school
entity must participate in the instruction in the use of an AED.
(3) An individual described in this subsection must complete
training and maintain certification in the use of an AED in
accordance with this section.
(4) Each school entity shall ensure that at a minimum five
(5) individuals trained in the use of an AED have access to the
AED on the premises of the school entity.
(c) The following apply to continuing education
requirements:
(1) A school entity may include the training under this
section in the continuing education plan submitted by the
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district to the department under section 1205.1.
(2) Satisfying the education requirements of this section
shall also satisfy the education requirements under section
1425(d).
(d) Completion of training under subsections (a) and (b),
including the 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 that the training was
completed. The documentation shall be retained by the school
entity in the file of the employe or volunteer that completed
the training.
(e) The following apply to a cardiac emergency response
plan:
(1) Each school entity, nonpublic school or private school
shall develop or amend an existing cardiac emergency response
plan that includes:
(i) Nationally recognized evidence-based core elements or
standards.
(ii) An annual review.
(iii) Safety procedures to follow in response to a medical
emergency involving cardiac arrest and the use of an AED.
(iv) The placement of AEDs on school premises.
(v) The number of individuals who must receive training.
(2) The cardiac emergency response plan of each school
entity, nonpublic school or private school shall:
(i) Provide cardiac awareness information to be distributed
annually to school employes and those responsible for
extracurricular activities, community group activities, summer
or other programs using the facilities of the school entity.
(ii) Require conducting annual sudden cardiac arrest drills
with or without the participation of students to test the
cardiac emergency response plan in response to a sudden cardiac
arrest.
(f) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Athletic activity" means as defined in section 1425(h).
"Automated external defibrillator" or "AED" 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
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).
"Private school" means a school licensed under the act of
December 15, 1986 (P.L.1585, No.174), known as the Private
Licensed Schools Act.
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"School entity" means a school district, charter school,
regional charter school, cyber charter school, intermediate unit
or area career and technical school.
"Volunteer" means an individual who holds an unpaid position
with a school entity as a volunteer for a program, activity or
service and is responsible for the welfare of children or has
direct volunteer contact.
Section 1423.2. Automated External Defibrillator (AED)
Program.--(a) The department shall establish the Automated
External Defibrillator (AED) Program to assist school entities,
nonpublic schools and private schools in making AEDs available
in school buildings.
(b) On a biennial basis, the department, in consultation
with the Department of General Services and the Department of
Health, shall issue an invitation to bid for the cost of AEDs
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,
nonpublic school or private school to purchase the devices at
the contract bid price. The department may purchase AEDs from
any money appropriated in accordance with subsection (l) for
distribution to school entities, nonpublic schools or private
schools.
(c) To be eligible to obtain or purchase AEDs under the
program, a school entity, nonpublic school or private school
must:
(1) Comply with the provisions in section 1423.1.
(2) Ensure that the AED 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.
(d) The provisions of 42 Pa.C.S. ยง 8331.2 (relating to good
Samaritan civil immunity for use of automated external
defibrillator) shall apply to school entity, nonpublic school or
private school employes who render care with an AED.
(e) From money appropriated for this purpose, the department
may assist school entities, nonpublic schools and private
schools that are not equipped with AEDs by providing a discount
from the contract bid price obtained under subsection (b) or by
providing AEDs obtained under subsection (b).
(f) The purchase of an AED shall be considered an allowable
use of Pennsylvania Accountability Grants under section
2599.2(b).
(g) The purchase of AEDs shall be considered an innovative
educational program under Article XX-B.
(h) The purchase of AEDs shall be considered an eligible
school safety and security expense in section 1306-B(j).
(i) The department may accept donations, including donations
of equipment, for use in providing cardiopulmonary resuscitation
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(CPR) and AED instruction to students, employes and volunteers
at school entities, nonpublic schools and private schools. The
following apply:
(1) The department shall geographically distribute any
donations to school entities, nonpublic schools and private
schools for the purpose of CPR and AED instruction under section
1423.1.
(2) A school entity, nonpublic school or private school may
accept from the department donations received under this
subsection for use in providing instruction to students, school
employes and volunteers in the principles and techniques of CPR
and operating an AED. A school entity, nonpublic school or
private school may accept other donations, including donations
of equipment, for use in providing the instruction.
(3) To the extent that resources are available to a school
entity, nonpublic school or private school under this section,
the school entity, nonpublic school or private school may make
available instruction to students in the principles and
techniques of CPR and operating an AED.
(4) A school entity, nonpublic school or private school may
use resources other than those made available under this section
to make available instruction to students, school employes and
volunteers in the principles and techniques of CPR and operating
an AED.
(j) The following apply to reports:
(1) Not later than June 30, 2023, and each year thereafter,
each school entity shall make a report to the department
detailing the number, condition, age, expiration date and
placement of AEDs in each school building of the school entity.
After the initial report is made, the school entity may report
this information as part of the annual report required by the
Commonwealth under section 2505.1 to receive State reimbursement
for health services.
(2) A nonpublic school or private school that participates
in the program under subsection (b) or (e) shall be subject to
the reporting required under paragraph (1).
(3) The department shall annually publish a report on its
publicly accessible Internet website no later than December 31,
2023, and each year thereafter. The report shall contain the
following information:
(i) The total number of AEDs by school entity, nonpublic
school or private school.
(ii) The number of school buildings by school entity,
nonpublic school or private school that are equipped with AEDs.
(iii) The number of school buildings by school entity,
nonpublic school or private school that are not equipped with
AEDs.
(k) The department may adopt guidelines as necessary to
administer this section.
(l) The General Assembly may appropriate money to carry out
the provisions of this section.
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(m) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Automated external defibrillator" or "AED" means as defined
in section 1423.1.
"Department" means as defined in section 1423.1.
"Nonpublic school" means as defined in section 1423.1.
"Private school" means as defined in section 1423.1.
"Program" means the Automated External Defibrillator (AED)
Program established under this section.
"S chool building" means a building owned by or under the
control of a school entity, nonpublic school or private school
where classes are taught or extracurricular activities are
conducted on a regular basis.
"School entity" means as defined in section 1423.1.
Section 1423.3. Availability and Specifications of Automated
External Defibrillators.--(a) Each school entity, nonpublic
school and private school shall have at least one automated
external defibrillator (AED) in each occupied building on the
premises of the school entity, nonpublic school or private
school at all times and available for each athletic activity.
The presence of emergency services personnel shall fulfill this
requirement.
(b) If a school entity, nonpublic school or private school
uses its premises for its own school-sponsored or school-
approved interscholastic athletics, the school entity, nonpublic
school or private school shall, in cooperation with the
Pennsylvania Interscholastic Athletic Association, make
available an AED and at least one employe of the school entity,
nonpublic school or private school who is trained and certified
under section 1423.1 at each interscholastic athletic contest or
competition. The presence of emergency services personnel shall
fulfill this requirement.
(c) This section does not:
(1) waive any liability or immunity of a school entity,
nonpublic school or private school or its officers or employes;
or
(2) create any liability for or a cause of action against a
school entity, nonpublic school or private school or its
officers or employes.
(d) The provisions of 42 Pa.C.S. ยง 8331.2 (relating to good
Samaritan civil immunity for use of automated external
defibrillator) shall apply to school entity, nonpublic school or
private school employes who render care with an AED.
(e) Each school entity, nonpublic school and private school
shall ensure that each AED on the premises of the school entity,
nonpublic school or private school is properly tested and
maintained in accordance with the manufacturer's operational
guidelines. Each AED in a school entity, nonpublic school or
private school shall meet the most recent minimum specifications
as required by the Department of Health.
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(f) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Automated external defibrillator" or "AED" means as defined
in section 1423.1.
"Emergency services personnel" means any of the following:
(1) An emergency medical responder.
(2) An emergency medical technician.
(3) An advanced emergency medical technician.
(4) A paramedic.
(5) A prehospital registered nurse.
(6) A prehospital physician extender.
(7) A prehospital emergency medical services physician.
(8) An individual prescribed by regulations of the
Department of Health to provide specialized emergency medical
services.
"Nonpublic school" means as defined in section 1423.1.
"Private school" means as defined in section 1423.1.
"School entity" means as defined in section 1423.1.
Section 3. School entities, nonpublic schools and private
schools shall comply with the addition of sections 1423.1,
1423.2 and 1423.3 of the act no later than three years after the
effective date of this section.
Section 4. This act shall take effect immediately.
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