PRINTER'S NO. 3195
No. 2295 Session of 2004
INTRODUCED BY WEBER, LEWIS, BEBKO-JONES, BOYD, BROWNE, BUNT,
CAPPELLI, CAUSER, COSTA, COY, CRAHALLA, DALLY, J. EVANS,
FLICK, FRANKEL, GEIST, GEORGE, GILLESPIE, GINGRICH, GOOD,
GOODMAN, GRUCELA, HERMAN, HORSEY, JAMES, KOTIK, LEACH,
MARSICO, McGEEHAN, McNAUGHTON, PAYNE, PETRONE, PICKETT,
READSHAW, REICHLEY, SAINATO, SAYLOR, SCAVELLO, SEMMEL,
SOLOBAY, E. Z. TAYLOR, J. TAYLOR, THOMAS, TIGUE, WASHINGTON,
WATSON, YOUNGBLOOD AND ZUG, JANUARY 26, 2004
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 26, 2004
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable a well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for automated
6 external defibrillators.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1423 of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949, added
11 May 17, 2001 (P.L.4, No.4), is amended to read:
12 Section 1423. [Automatic] Automated External
13 Defibrillators.--[(a) For the fiscal year 2001-2002, the
14 department shall establish a one-time automatic external
15 defibrillator program to assist school entities in acquiring
16 automatic external defibrillators.
17 (b) The department, in consultation with the Department of
1 General Services, shall issue an invitation to bid for the cost
2 of automatic external defibrillators. The department shall
3 accept the bid of the lowest responsible bidder and permit any
4 school entity to purchase the devices at the contract bid price.
5 (c) To be eligible to obtain or purchase automatic external
6 defibrillators under the program a school entity must:
7 (1) Assure that two (2) or more persons assigned to the
8 location where the automatic external defibrillator will be
9 primarily housed are trained as required in subsection (d).
10 (2) Ensure that the device will be secured in a safe and
11 readily accessible location and agree to properly maintain and
12 test the device according to the manufacturer's operational
13 guidelines.
14 (3) Submit a valid prescription for the device from a
15 licensed medical practitioner in this Commonwealth.
16 (4) Agree to provide the training required by subsection
17 (d).]
18 (a.1) Within sixty (60) days of the effective date of this
19 subsection, each school entity shall:
20 (1) Provide and maintain at least one (1) automated external
21 defibrillator in all of its buildings occupied by more than
22 fifty (50) students and personnel to ensure ready access for use
23 during emergencies.
24 (2) Ensure that two (2) or more personnel assigned to each
25 building where the automated external defibrillators are
26 primarily housed receive training as required by subsection (d).
27 (3) Ensure that the automated external defibrillators are
28 placed in a location where they are readily accessible to both
29 staff and trained members of the general public and are
30 maintained and tested according to the manufacturer's
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1 operational guidelines.
2 (d) School personnel who are expected to use the [automatic]
3 automated external defibrillator shall complete training in
4 cardiopulmonary resuscitation and in the use of an [automatic]
5 automated external defibrillator provided by the American Heart
6 Association, the American Red Cross or through an equivalent
7 course of instruction approved by the Department of Health.
8 (e) A school entity may include the training required by
9 subsection (d) in its continuing professional education plan
10 submitted to the department under section 1205.1.
11 (f) The provisions of 42 Pa.C.S. § 8331.2 (relating to good
12 Samaritan civil immunity for use of automated external
13 defibrillator) shall apply to school employes who render care
14 with an [automatic] automated external defibrillator.
15 [(g) From funds appropriated for this purpose, the
16 department, upon request, shall provide: up to two (2) automatic
17 external defibrillators to each school district; one (1)
18 automatic external defibrillator to each intermediate unit; and
19 one (1) automatic external defibrillator to each area
20 vocational-technical school.
21 (h) No school entity shall be required to participate in the
22 automatic external defibrillator program.
23 (i) No later than June 30, 2002, the secretary shall submit
24 a report to the General Assembly describing the effectiveness of
25 this section in outfitting the Commonwealth's school entities
26 with automatic external defibrillators.]
27 (j) The department may adopt guidelines as necessary to
28 administer this section.
29 (k) As used in this section--
30 "[Automatic] Automated external defibrillator" means a
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1 portable device that uses electric shock to restore a stable
2 heart rhythm to an individual in cardiac arrest.
3 "Department" means the Department of Education of the
4 Commonwealth.
5 "School entity" means an area vocational-technical school, a
6 charter school, an intermediate unit, a nonpublic school or a
7 school district.
8 "Secretary" means the Secretary of Education of the
9 Commonwealth.
10 Section 2. This act shall take effect in 60 days.
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