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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 1136, 1305, 1628         PRINTER'S NO. 1755

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, THOMAS, CIVERA AND BARD, MARCH 14, 2001

        SENATOR RHOADES, EDUCATION, IN SENATE, AS AMENDED,
           APRIL 30, 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. TRAINING; AND PROVIDING FOR CIVIL IMMUNITY FOR  <--
     7     CERTAIN USERS OF AUTOMATED EXTERNAL DEFIBRILLATORS.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10  Section 1.  Short title.
    11     This act shall be known and may be cited as the School
    12  Automatic External Defibrillator Access Act.
    13  Section 2.  Declaration of policy.
    14     The General Assembly finds and declares as follows:
    15         (1)  A number of school-age students and adults in this
    16     Commonwealth have been tragically stricken with sudden

     1     cardiac arrest while in school or participating in school-
     2     sponsored activities.
     3         (2)  In recent years, the use of automated external
     4     defibrillators has been proven to strengthen the chain of
     5     survival for cardiac arrest victims.
     6         (3)  It is important for the Commonwealth to ensure that
     7     school buildings are equipped with automatic external
     8     defibrillators and staffed with personnel trained to use the
     9     devices.
    10  Section 3.  Definitions.
    11     The following words and phrases when used in this act shall
    12  have the meanings given to them in this section unless the
    13  context clearly indicates otherwise:
    14     "Automated external defibrillator."  A portable device that
    15  uses electric shock to restore a stable heart rhythm to an
    16  individual in cardiac arrest.
    17     "Department."  The Department of Education of the
    18  Commonwealth.
    19     "School entity."  An area vocational-technical school, a
    20  charter school, an intermediate unit or a school district.
    21     "Secretary."  The Secretary of Education of the Commonwealth.
    22  Section 4.  Automatic external defibrillator wholesale purchase
    23                 program.
    24     (a)  Establishment.--The department shall establish an
    25  automatic external defibrillator wholesale purchase program to
    26  help ensure that school entities have automatic external
    27  defibrillators available for use in school buildings where
    28  classes or school-sponsored activities routinely occur. Under
    29  the program, the department shall pay to a school entity an
    30  amount not less than 50% of the school entity's cost to purchase
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     1  up to one automatic external defibrillator per building.
     2     (b)  Statewide contract.--The department shall issue an
     3  invitation to bid for the cost of automatic external
     4  defibrillators and shall enter into a contract with the
     5  successful bidder that permits any school entity to receive the
     6  contract price for the devices from the successful bidder.
     7     (c)  Eligibility for program.--To be eligible for payment
     8  under the automatic external defibrillator wholesale purchase
     9  program a school entity must:
    10         (1)  Employ three or more persons who are assigned to the
    11     respective building where the automatic external
    12     defibrillator will be primarily housed and who are trained to
    13     use the device.
    14         (2)  Ensure that the device will be secured in a safe and
    15     readily accessible location within the school building with
    16     the appropriate supplies and agree to properly maintain and
    17     inspect the device as recommended by the department in
    18     consultation with the American Heart Association and the
    19     Department of Health.
    20         (3)  Submit a valid prescription for the device from a
    21     licensed medical practitioner in this Commonwealth.
    22         (4)  Purchase the device through the Statewide contract
    23     authorized under subsection (b).
    24         (5)  Agree to provide the training required by section 5.
    25     (d)  Voluntary nature of program.--No school entity shall be
    26  required to participate in the automatic external defibrillator
    27  wholesale purchase program.
    28  Section 5.  Training.
    29     (a)  General rule.--All school personnel who are expected to
    30  use automated external defibrillators shall complete training in
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     1  cardiopulmonary resuscitation and in the use of an automated
     2  external defibrillator provided by the American Heart
     3  Association, the American Red Cross or through an equivalent
     4  course of instruction approved by the Department of Health in
     5  consultation with a technical committee of the Pennsylvania
     6  Emergency Health Services Council.
     7     (b)  Part of continuing education plan.--A school entity may
     8  include the training in its continuing education plan submitted
     9  to the department under section 1205.1 of the act of March 10,
    10  1949 (P.L.30, No.14), known as the Public School Code of 1949.
    11  Section 6.  Nonpublic schools.
    12     (a)  Establishment.--To the extent that funds are available
    13  beginning February 1, 2002, from the appropriation made under
    14  section 10, the department shall establish a program to furnish
    15  automatic external defibrillators to nonpublic schools through
    16  the Commonwealth's intermediate units.
    17     (b)  Eligibility for program.--To be eligible to receive an
    18  automatic external defibrillator from an intermediate unit, a
    19  nonpublic school must:
    20         (1)  Employ three or more persons who are assigned to the
    21     respective building where the automatic external
    22     defibrillator will be primarily housed and who are trained to
    23     use the device.
    24         (2)  Ensure that the device will be secured in a safe and
    25     readily accessible location within the school building with
    26     the appropriate supplies and agree to properly maintain and
    27     inspect the device as recommended by the department in
    28     consultation with the American Heart Association and the
    29     Department of Health of this Commonwealth.
    30         (3)  Submit a valid prescription for the device from a
    20010H0996B1755                  - 4 -

     1     licensed medical practitioner in this Commonwealth.
     2         (4)  Agree to provide the training required by section 5.
     3     (c)  Voluntary nature of program.--No nonpublic school shall
     4  be required to participate in the automatic external
     5  defibrillator wholesale purchase program.
     6  Section 7.  Civil immunity for users of automated external
     7                 defibrillators.
     8     The provisions of 42 Pa.C.S. § 8331.2 (relating to good
     9  Samaritan civil immunity for use of automatic external
    10  defibrillator) shall apply to all school employees who have
    11  received training as required under section 5 and who render
    12  care with an automated external defibrillator while in the scope
    13  of their employment.
    14  Section 8.  Report.
    15     No later than June 30, 2002, the secretary shall submit a
    16  report to the General Assembly describing the effectiveness of
    17  the act in outfitting the Commonwealth's schools with automatic
    18  external defibrillators.
    19  Section 9.  Regulations.
    20     The department may promulgate regulations as necessary to
    21  administer this act.
    22  Section 10.  Appropriation.                                       <--
    23     The sum of $6,300,000, or as much thereof as may be
    24  necessary, is hereby appropriated to the Department of Education
    25  for the fiscal year July 1, 2001, to June 30, 2002, for the
    26  administration of this act.
    27  Section 11 10.  Effective date.                                   <--
    28     This act shall take effect on July 1, 2001, or immediately,
    29  whichever is later.

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