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        PRIOR PRINTER'S NO. 1136                      PRINTER'S NO. 1305

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.          <--
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     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.


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