SENATE AMENDED PRIOR PRINTER'S NOS. 1136, 1305, 1628 PRINTER'S NO. 1755
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 20010H0996B1755 - 2 -
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 20010H0996B1755 - 3 -
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. B20L24DMS/20010H0996B1755 - 5 -