Trial Engrossment of Amendment A05215 to House Bill 1685 P.N. 3214, Regular Session 2023-2024

A05215

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1685

Session of

2023

INTRODUCED BY BRENNAN, PROBST, BOROWSKI, PIELLI, McNEILL,

HOWARD, MADSEN, MADDEN, HADDOCK, KHAN, GUENST, HILL-EVANS,

SANCHEZ, KINSEY, DONAHUE, MAYES, FREEMAN, CEPEDA-FREYTIZ,

CIRESI, GREEN, SCHLOSSBERG, WARREN, OTTEN AND DEASY,

SEPTEMBER 19, 2023

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 3, 2024

AN ACT

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 school health services, further

providing for automated external defibrillators and providing

for 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, FOR

AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM, and FOR

AVAILABILITY AND SPECIFICATIONS OF AUTOMATED EXTERNAL

DEFIBRILLATORS AND FOR SUDDEN CARDIAC EVENT EMERGENCY ACTION

PLAN FOR ATHLETIC ACTIVITIES.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1423 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, is

amended by adding a subsection to read:

Section 1423. Automated External Defibrillators.--* * *

(i.3) (1) Each school entity and nonpublic school shall

have an automated external defibrillator present at all

interscholastic athletic events, including practices, sponsored

by the school entity or nonpublic school.

(2) The automated external defibrillator required under this

subsection may either be property of the school entity or

nonpublic school or on the premises with emergency medical

personnel.

(3) If the automated external defibrillator is property of

the school entity or nonpublic school, school personnel who are

expected to use the automated external defibrillator shall

complete the training required under subsection (d).

(4) A school entity or nonpublic school may acquire an

automated external defibrillator required under this subsection

by donation, through a fundraising effort or by any other means.

* * *

Section 2. The act is amended by adding a section to read:

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;

A05215 - 2 -

(3) 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; OR

(4) OTHER CERTIFYING AGENCY APPROVED BY THE DEPARTMENT OF

HEALTH.

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.

DEFIBRILLATORS UNDER THE PROGRAM A SCHOOL ENTITY OR NONPUBLIC

SCHOOL MUST:

A05215 - 3 -

(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. § 8331.2 (RELATING TO GOOD

SAMARITAN CIVIL IMMUNITY FOR USE OF AUTOMATED EXTERNAL

DEFIBRILLATOR) SHALL APPLY TO SCHOOL EMPLOYES WHO RENDER CARE

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).

A05215 - 4 -

(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

A05215 - 5 -

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

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

A05215 - 6 -

TECHNIQUES OF CARDIOPULMONARY RESUSCITATION AND THE USE OF AN

AUTOMATED EXTERNAL DEFIBRILLATOR 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 AND CPR INSTRUCTION:

(1) EACH SCHOOL ENTITY SHALL ENSURE THAT AT LEAST ONE (1)

INDIVIDUAL TRAINED AND CERTIFIED IN THE USE OF AN AED AND CPR IS

PRESENT IN EACH SCHOOL BUILDING DURING EACH SCHOOL DAY.

(2) EACH SCHOOL NURSE OR DESIGNEE, COACH OF AN ATHLETIC

ACTIVITY, marching band 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 AND CPR.

(3) AN INDIVIDUAL DESCRIBED IN THIS SUBSECTION MUST COMPLETE

THE INSTRUCTION AND MAINTAIN CERTIFICATION IN THE USE OF AN AED

IN ACCORDANCE WITH THIS SECTION.

A05215 - 7 -

REQUIREMENTS:

(1) A SCHOOL ENTITY MAY INCLUDE THE INSTRUCTION UNDER THIS

SECTION IN THE CONTINUING EDUCATION PLAN SUBMITTED BY THE

DISTRICT TO THE DEPARTMENT UNDER SECTION 1205.1.

(2) SATISFYING THE INSTRUCTION REQUIREMENTS OF THIS SECTION

SHALL ALSO SATISFY THE TRAINING REQUIREMENTS UNDER SECTION

1425(D).

(D) COMPLETION OF INSTRUCTION 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 INSTRUCTION

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 for schools and school athletic activities 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.

(2) THE CARDIAC EMERGENCY RESPONSE PLAN OF EACH SCHOOL

ENTITY, NONPUBLIC SCHOOL OR PRIVATE SCHOOL SHALL:

(I) MAKE AVAILABLE CARDIAC AWARENESS INFORMATION TO SCHOOL

EMPLOYES AND THOSE RESPONSIBLE FOR EXTRACURRICULAR ACTIVITIES OF

THE SCHOOL ENTITY.

A05215 - 8 -

(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.

"CPR" MEANS CARDIOPULMONARY RESUSCITATION.

"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.

"SCHOOL 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 DAY" MEANS THE LENGTH OF TIME THAT A CHILD SUBJECT TO

COMPULSORY SCHOOL ATTENDANCE IS EXPECTED TO BE RECEIVING

INSTRUCTION DURING A CALENDAR DAY AS DETERMINED BY THE GOVERNING

A05215 - 9 -

BODY.

"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 PROGRAM.--

(A) THE DEPARTMENT SHALL ESTABLISH THE AUTOMATED EXTERNAL

DEFIBRILLATOR 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.

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

A05215 - 10 -

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. § 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 THE PURPOSES UNDER THIS

SECTION, 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 AEDS 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 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

A05215 - 11 -

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 DEPARTMENT MAY ADOPT GUIDELINES AS NECESSARY TO

ADMINISTER THIS SECTION.

(K) THE GENERAL ASSEMBLY MAY APPROPRIATE MONEY TO CARRY OUT

THE PROVISIONS OF THIS SECTION.

(L) 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.

"CPR" MEANS CARDIOPULMONARY RESUSCITATION.

"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 PROGRAM

A05215 - 12 -

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 IN EACH SCHOOL BUILDING OF THE SCHOOL

ENTITY, NONPUBLIC SCHOOL OR PRIVATE SCHOOL AT ALL TIMES DURING

THE SCHOOL DAY.

(B) EACH SCHOOL ENTITY, NONPUBLIC SCHOOL OR PRIVATE SCHOOL

SHALL 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 ATHLETIC ACTIVITY.

THE PRESENCE OF EMERGENCY SERVICES PERSONNEL SHALL FULFILL THIS

REQUIREMENT.

(B.1) THE DEPARTMENT OF EDUCATION, IN CONSULTATION WITH THE

PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, SHALL DEVELOP

GUIDELINES FOR THE AVAILABILITY OF AEDS AT ATHLETIC ACTIVITIES

WHICH SHALL SPECIFY THAT AN AED NEED NOT BE PHYSICALLY PRESENT

IN THE IMMEDIATE VICINITY OF EVERY ONGOING ATHLETIC ACTIVITY,

BUT MUST BE READILY AVAILABLE AND ACCESSIBLE AT THE LOCATION OF

THE ATHLETIC ACTIVITY.

(1) WAIVE ANY LIABILITY OR IMMUNITY OF A SCHOOL ENTITY,

NONPUBLIC SCHOOL OR PRIVATE SCHOOL OR ITS OFFICERS OR EMPLOYES;

(2) CREATE ANY LIABILITY FOR OR A CAUSE OF ACTION AGAINST A

A05215 - 13 -

SCHOOL ENTITY, NONPUBLIC SCHOOL OR PRIVATE SCHOOL OR ITS

OFFICERS OR EMPLOYES.

(D) THE PROVISIONS OF 42 PA.C.S. § 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.

(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 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.

A05215 - 14 -

"NONPUBLIC SCHOOL" MEANS AS DEFINED IN SECTION 1423.1.

"PRIVATE SCHOOL" MEANS AS DEFINED IN SECTION 1423.1.

" SCHOOL BUILDING " MEANS AS DEFINED IN SECTION 1423.1.

" SCHOOL DAY " MEANS AS DEFINED IN SECTION 1423.1.

"SCHOOL ENTITY" MEANS AS DEFINED IN SECTION 1423.1.

Section 1426. Sudden Card iac Event Emergency Action Plan for

Athletic Activities.--(a) Beginning with the 2023-2024 school

year, each school entity and nonpublic school shall establish

and implement a sudden cardiac event emergency action plan for

responding to a sudden cardiac event at an athletic activity,

including an event in which the use of an automated external

defibrillator may be necessary. The plan shall be consistent

with the provisions of section 1423 and include the following,

at a minimum:

(1) A cardiac emergency response team list, comprised of

individuals who have current cardiopulmonary

resuscitation/automated external defibrillator certification.

The list shall include school nurses, coaches and at least five

other full-time school personnel. The list shall be updated once

a year.

(2) Detailed procedures on responding to a sudden cardiac

event which shall include the identification of school personnel

who shall be responsible for all of the following:

(i) Responding to an individual experiencing a sudden

cardiac event.

(ii) Contacting 911 and providing a copy of the plan to

local emergency response and dispatch agencies and assisting

emergency responders in reaching the individual experiencing a

sudden cardiac event.

(iii) Starting cardiopulmonary resuscitation.

A05215 - 15 -

(iv) Retrieving and using the automated external

defibrillator.

(v) Placement and maintenance of automated external

defibrillators, including the recommended number of automated

external defibrillators inside a school building, outside a

school building and backups that shall be held in reserve for

use as replacements for an automated external defibrillator

which may be out-of-service.

(vi) Conducting an annual review and evaluation of the plan,

including comparing the plan to updated recommendations from the

American Heart Association. The annual review and evaluation

shall be conducted by the school entity's or nonpublic school's

administrative staff.

(b) 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" means a portable device

that uses electric shock to restore a stable heart rhythm to an

individual in cardiac arrest.

"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).

"School entity" means an area career and technical school, a

charter school, a cyber charter school, an intermediate unit or

a school district.

SECTION 3. SCHOOL ENTITIES, NONPUBLIC SCHOOLS AND PRIVATE

SCHOOLS SHALL COMPLY WITH THE ADDITION OF SECTIONS 1423.1,

A05215 - 16 -

1423.2, 1423.3 AND 1426 and 1423.3 OF THE ACT NO LATER THAN

THREE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION.

Section 3 4. This act shall take effect in 60 days

IMMEDIATELY.

A05215 - 17 -