PRIOR PRINTER'S NO. 1136 PRINTER'S NO. 1305
No. 996 Session of 2001
INTRODUCED BY LEWIS, ALLEN, M. BAKER, BELARDI, BROWNE, BUNT, CALTAGIRONE, L. I. COHEN, M. COHEN, COLAFELLA, COLEMAN, DALEY, DALLY, DeLUCA, FLICK, FRANKEL, GEIST, GEORGE, GRUCELA, HALUSKA, HENNESSEY, HERMAN, KAISER, LAUGHLIN, MACKERETH, MANN, MARSICO, McILHATTAN, McNAUGHTON, MELIO, R. MILLER, MYERS, PIPPY, PISTELLA, RAYMOND, RUBLEY, SAINATO, SAYLOR, SCHRODER, SCRIMENTI, SEMMEL, SHANER, SOLOBAY, STAIRS, E. Z. TAYLOR, J. TAYLOR, TRELLO, WANSACZ, YOUNGBLOOD, STEELMAN, BASTIAN AND THOMAS, MARCH 14, 2001
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 21, 2001
AN ACT 1 Authorizing payments to certain entities for the purchase of 2 automatic external defibrillators; providing for powers and 3 duties of the Department of Education; requiring certain 4 training; providing for civil immunity for certain users of 5 automated external defibrillators; and making an 6 appropriation. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Short title. 10 This act shall be known and may be cited as the School 11 Automatic External Defibrillator Access Act. 12 Section 2. Declaration of policy. 13 The General Assembly finds and declares as follows: 14 (1) A number of school-age students and adults in this 15 Commonwealth have been tragically stricken with sudden 16 cardiac arrest while in school or participating in school-
1 sponsored activities. 2 (2) In recent years, the use of automated external 3 defibrillators has been proven to strengthen the chain of 4 survival for cardiac arrest victims. 5 (3) It is important for the Commonwealth to ensure that 6 school buildings are equipped with automatic external 7 defibrillators and staffed with personnel trained to use the 8 devices. 9 Section 3. Definitions. 10 The following words and phrases when used in this act shall 11 have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "Automated external defibrillator." A portable device that 14 uses electric shock to restore a stable heart rhythm to an 15 individual in cardiac arrest. 16 "Department." The Department of Education of the 17 Commonwealth. 18 "School entity." An area vocational-technical school, a 19 charter school, an intermediate unit or a school district. 20 "Secretary." The Secretary of Education of the Commonwealth. 21 Section 4. Automatic external defibrillator wholesale purchase 22 program. 23 (a) Establishment.--The department shall establish an 24 automatic external defibrillator wholesale purchase program to 25 help ensure that school entities have automatic external 26 defibrillators available for use in school buildings where 27 classes or school-sponsored activities routinely occur. Under 28 the program, the department shall pay to a school entity an 29 amount not less than 50% of the school entity's cost to purchase 30 UP TO one automatic external defibrillator per building. <-- 20010H0996B1305 - 2 -
1 (b) Statewide contract.--The department shall issue an
2 invitation to bid for the cost of automatic external
3 defibrillators and shall enter into a contract with the
4 successful bidder that permits any school entity to receive the
5 contract price for the devices from the successful bidder.
6 (c) Eligibility for program.--To be eligible for payment
7 under the AUTOMATIC EXTERNAL DEFIBRILLATOR WHOLESALE PURCHASE <--
8 program a school entity must:
9 (1) Employ three or more persons who are assigned to the
10 respective building where the automatic external
11 defibrillator will be primarily housed and who are trained to
12 use the device.
13 (2) Ensure that the device will be secured in a safe and
14 readily accessible location within the school building with
15 the appropriate supplies and agree to properly maintain and
16 inspect the device as recommended by the department in
17 consultation with the American Heart Association and the
18 Department of Health.
19 (3) Submit a valid prescription for the device from a
20 licensed medical practitioner in this Commonwealth.
21 (4) Purchase the device through the Statewide contract
22 authorized under subsection (b).
23 (5) Agree to provide the training required by section 5.
24 (D) VOLUNTARY NATURE OF PROGRAM.--NO SCHOOL ENTITY SHALL BE <--
25 REQUIRED TO PARTICIPATE IN THE AUTOMATIC EXTERNAL DEFIBRILLATOR
26 WHOLESALE PURCHASE PROGRAM.
27 Section 5. Training.
28 (a) General rule.--School entity ALL SCHOOL personnel who <--
29 are expected to use automated external defibrillators shall
30 complete training in the use of an automated external
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1 defibrillator provided by the American Heart Association or 2 through an equivalent course of instruction approved by the 3 Department of Health in consultation with a technical committee 4 of the Pennsylvania Emergency Health Services Council. 5 (b) Part of continuing education plan.--A school entity may 6 include the training in its continuing education plan submitted 7 to the department under section 1205.1 of the act of March 10, 8 1949 (P.L.30, No.14), known as the Public School Code of 1949. 9 Section 6. Nonpublic schools. 10 (A) ESTABLISHMENT.--To the extent that funds are available <-- 11 beginning February 1, 2002, from the appropriation made under 12 section 9 10, the department shall establish a program to <-- 13 furnish automatic external defibrillators to nonpublic schools 14 through the Commonwealth's intermediate units. To be eligible to <-- 15 receive an COMMONWEALTH'S INTERMEDIATE UNITS. <-- 16 (B) ELIGIBILITY FOR PROGRAM.--TO BE ELIGIBLE TO RECEIVE AN 17 automatic external defibrillator from an intermediate unit, a 18 nonpublic school must: 19 (1) Employ three or more persons who are assigned to the 20 respective building where the automatic external 21 defibrillator will be primarily housed and who are trained to 22 use the device. 23 (2) Ensure that the device will be secured in a safe and 24 readily accessible location within the school building with 25 the appropriate supplies and agree to properly maintain and 26 inspect the device as recommended by the department in 27 consultation with the American Heart Association and the 28 Department of Health of this Commonwealth. 29 (3) Submit a valid prescription for the device from a 30 licensed medical practitioner in this Commonwealth. 20010H0996B1305 - 4 -
1 (4) Agree to provide the training required by section 5. 2 (C) VOLUNTARY NATURE OF PROGRAM.--NO NONPUBLIC SCHOOL SHALL <-- 3 BE REQUIRED TO PARTICIPATE IN THE AUTOMATIC EXTERNAL 4 DEFIBRILLATOR WHOLESALE PURCHASE PROGRAM. 5 Section 7. Civil immunity for users of automated external 6 defibrillators. 7 The provisions of 42 Pa.C.S. § 8331.2 (relating to Good 8 Samaritan civil immunity for use of automatic external 9 defibrillator) shall apply to all school employees who have 10 received training as required under section 5 and who render 11 care with an automated external defibrillator while in the scope 12 of their employment. 13 Section 8. Report. 14 No later than June 30, 2002, the secretary shall submit a 15 report to the General Assembly describing the effectiveness of 16 the act in outfitting the Commonwealth's schools with automatic 17 external defibrillators. 18 Section 9. Regulations. 19 The department may promulgate regulations as necessary to 20 administer this act. 21 Section 10. Appropriation. 22 The sum of $6,300,000, or as much thereof as may be 23 necessary, is hereby appropriated to the Department of Education 24 for the fiscal year July 1, 2001, to June 30, 2002, for the 25 administration of this act. 26 Section 11. Effective date. 27 This act shall take effect on July 1, 2001, or immediately, 28 whichever is later. B20L24DMS/20010H0996B1305 - 5 -