Trial Engrossment of Amendment A01130 to Senate Bill 0375 P.N. 0318, Regular Session 2023-2024

A01130

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

375

Session of

2023

INTRODUCED BY BROWN, BAKER, BARTOLOTTA, COSTA, PENNYCUICK,

BREWSTER, DILLON, ROBINSON, STEFANO, SCHWANK, SANTARSIERO,

REGAN AND LANGERHOLC, FEBRUARY 21, 2023

REFERRED TO EDUCATION, FEBRUARY 21, 2023

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 certification of teachers, further

providing for CPR instruction and providing for procedures

regarding response to cardiac arrest and for donations for

use related to CPR and AED instruction; and, in school health

services, repealing provisions relating to automatic external

defibrillators and providing for availability and

specifications of automated external defibrillators.

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 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, establishing the Automated

External Defibrillator (AED) Program and providing for

availability and specifications of automated external

defibrillators.

This act shall be known and may be cited as Greg Moyer's Law.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1205.4 of the act of March 10, 1949

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

amended to read:

Section 1205.4. CPR and Use of AED Instruction.--(a) School

entities shall [be required to offer a cardiopulmonary

resuscitation training (CPR) class] make available to the school

entity's employes and volunteers instruction in the principles

and techniques of cardiopulmonary resuscitation (CPR) and the

use of an automated external defibrillator (AED) on school

premises at least once every [three] two years. The course shall

be offered as an option to all employes and volunteers 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 or volunteer's file. Training shall

be conducted by:

(1) the American Red Cross;

(2) the American Heart Association;

(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.

the continuing education plan submitted by the district to the

Department of Education under section 1205.1.

(c.1) (1) School entities shall ensure that each AED

location has at least five (5) persons trained and certified in

the use of an AED. Each school nurse, assistant school nurse,

athletic coach or sponsor, marching band director, physical

A01130 - 2 -

education teacher, athletic trainer, athletic training student

aide, cheerleading coach and any other school entity employe

specified by the Secretary of Education must participate in the

instruction in the use of an AED. A person described in this

subsection must receive and maintain training completion in the

use of an AED from:

(i) the American Red Cross;

(ii) the American Heart Association;

(iii) an individual certified to conduct AED training by the

American Red Cross, American Heart Association or other

certifying agency approved by the Department of Health; or

(iv) other certifying agency approved by the Department of

Health.

(2) A school entity shall ensure that at a minimum one (1)

person trained in the use of an AED is in the immediate vicinity

of the location of the AED during school hours.

(c.2) A nonpublic or private school that receives an AED

from the Department of Education or receives funding from a

certifying agency to purchase or lease an AED shall adopt a

policy under which the school makes available to school employes

and volunteers instruction in the principles and techniques of

CPR and the use of an AED as provided under section 1205.9. The

policy must comply with the requirements prescribed by this

section and rules adopted by the Department of Education.

(c.3) A cyber charter school may provide the instruction

under this section through the Internet or other electronic

means. If a cyber charter school provides the instruction under

this section through the Internet or other electronic means, the

cyber charter school shall be exempt from the academic standards

and guidelines developed regarding in-person instructional

A01130 - 3 -

requirements under this section.

(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 2. The act is amended by adding sections to read:

Section 1205.9. Procedures Regarding Response to Cardiac

Arrest.--(a) Each school entity as defined under section

1205.4, nonpublic school and private school shall develop a

written cardiac emergency response plan (CERP) that shall

include:

(1) An annual review.

(2) The creation of a safety or cardiac emergency team with

appropriate training in cardiopulmonary resuscitation (CPR) and

automated external defibrillator (AED) use.

(3) Safety procedures to follow in response to a medical

emergency involving cardiac arrest, including the appropriate

response time in administering CPR, using an AED and calling a

local emergency medical services provider or 911.

(b) Each school entity's CERP under subsection (a) shall

apply to all of the following:

(1) Safety and cardiac awareness information shall be shared

with the staff annually, and the CERP shall be shared with those

responsible for extracurricular activities, community groups,

summer or other programs using the school entity's campus or

facilities.

(2) Yearly, sudden cardiac arrest drills shall be undertaken

to test the CERP to manage a sudden cardiac arrest. The drill

shall be in a similar manner as a fire drill or active shooter

drill and include school staff without requiring students to

participate.

A01130 - 4 -

the Department of Education or receives funding from the

Department of Education to purchase or lease an AED shall comply

with this section.

Section 1205.10. Donations for Use Related to CPR and AED

Instruction.--(a) The Department of Education may accept

donations, including donations of equipment, for use in

providing cardiopulmonary resuscitation (CPR) and automated

external defibrillator (AED) instruction to students, school

entity employes and volunteers. The Department of Education:

(1) shall distribute the donations to school entities for

the purpose of CPR and AED instruction under section 1205.4; and

(2) may use a portion of the donations to the extent

necessary to pay administrative expenses related to the

donations.

(b) A school entity may accept from the Department of

Education donations the Department of Education receives under

subsection (a) for use in providing instruction to students in

the principles and techniques of CPR and operating an AED. A

school entity may accept other donations, including donations of

equipment, for use in providing the instruction.

entity under this section, the school entity shall make

available instruction to students in the principles and

techniques of CPR and operating an AED.

(d) A school entity may use resources other than those made

available under this section to make available instruction to

students in the principles and techniques of CPR and operating

an AED.

(e) The Department of Education may adopt rules as necessary

A01130 - 5 -

to implement this section.

(f) For purposes of this section, the term "school entity"

shall mean a local school district, intermediate unit, area

career and technical school, charter school or cyber charter

school.

Section 3. Section 1423 of the act is repealed:

[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:

(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

A01130 - 6 -

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).

(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

A01130 - 7 -

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

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.

A01130 - 8 -

(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 4. The act is amended by adding a section to read:

Section 1423.1. Availability and Specifications of Automated

External Defibrillators.--(a) Every school entity, nonpublic

school and private school shall have at least one automated

external defibrillator (AED) in each occupied building on the

school's premises or campus at all times and available to each

interscholastic athletic contest or competition. The presence of

emergency services personnel shall fulfill the requirement.

(a.1) The board of school directors of a school entity shall

A01130 - 9 -

adopt a policy regarding the placement and use of AEDs and the

number of personnel who must receive training as required under

section 1205.4.

(b) If a school entity uses its facility for its own school-

sponsored or school-approved interscholastic athletics, the

school entity shall, in cooperation with the Pennsylvania

Interscholastic Athletic Association, make available an AED and

at least one school entity employe who is trained and certified

under section 1205.4 at each interscholastic athletic contest or

competition. The presence of emergency services personnel shall

fulfill the requirement.

(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

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 employes who render care

with an AED.

(e) Every school entity, nonpublic school and private school

shall ensure that every AED on the school's premises or campus

is properly tested and maintained in accordance with the

manufacturer's operational guidelines. Every 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) Definitions.--As used in this section, the following

A01130 - 10 -

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

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

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

a school district.

Section 5. School entities, nonpublic schools and private

schools shall comply with the amendment or addition of sections

1205.4, 1205.9, 1205.10 and 1423.1 of the act no later than

three years after the effective date of this section.

Section 6. This act shall take effect in 60 days.

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;

(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.

A01130 - 11 -

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:

(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

A01130 - 12 -

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).

(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

A01130 - 13 -

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

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.

A01130 - 14 -

(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

techniques of cardiopulmonary resuscitation (CPR) and the use of

an automated external defibrillator (AED) 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.

A01130 - 15 -

(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 locations and training:

(1) Each school entity shall ensure that each AED location

has at least five (5) individuals trained and certified in the

use of an AED.

(2) Each school nurse or designee, coach of an athletic

activity, music 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.

(3) An individual described in this subsection must complete

training and maintain certification in the use of an AED in

accordance with this section.

(4) Each school entity shall ensure that at a minimum five

(5) individuals trained in the use of an AED have access to the

AED on the premises of the school entity.

requirements:

(1) A school entity may include the training under this

section in the continuing education plan submitted by the

A01130 - 16 -

district to the department under section 1205.1.

(2) Satisfying the education requirements of this section

shall also satisfy the education requirements under section

1425(d).

(d) Completion of training 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 training 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 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.

(v) The number of individuals who must receive training.

(2) The cardiac emergency response plan of each school

entity, nonpublic school or private school shall:

(i) Provide cardiac awareness information to be distributed

annually to school employes and those responsible for

extracurricular activities, community group activities, summer

or other programs using the facilities of the school entity.

(ii) Require conducting annual sudden cardiac arrest drills

A01130 - 17 -

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.

"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 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 (AED)

Program.--(a) The department shall establish the Automated

A01130 - 18 -

External Defibrillator (AED) 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

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 this purpose, the department

may assist school entities, nonpublic schools and private

A01130 - 19 -

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 an AED 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 cardiopulmonary resuscitation

(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

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

A01130 - 20 -

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 following apply to reports:

(1) Not later than June 30, 2023, and each year thereafter,

each school entity shall make a report to the department

detailing the number, condition, age, expiration date and

placement of AEDs in each school building of the school entity.

After the initial report is made, the 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.

(2) A nonpublic school or private school that participates

in the program under subsection (b) or (e) shall be subject to

the reporting required under paragraph (1).

(3) The department shall annually publish a report on its

publicly accessible Internet website no later than December 31,

2023, and each year thereafter. The report shall contain the

following information:

(i) The total number of AEDs by school entity, nonpublic

school or private school.

(ii) The number of school buildings by school entity,

nonpublic school or private school that are equipped with AEDs.

(iii) The number of school buildings by school entity,

nonpublic school or private school that are not equipped with

AEDs.

(k) The department may adopt guidelines as necessary to

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administer this section.

(l) The General Assembly may appropriate money to carry out

the provisions of this section.

(m) 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.

"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 (AED)

Program 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 (AED) in each occupied building on the

premises of the school entity, nonpublic school or private

school at all times and available for each athletic activity.

The presence of emergency services personnel shall fulfill this

requirement.

(b) If a school entity, nonpublic school or private school

uses its premises for its own school-sponsored or school-

approved interscholastic athletics, the school entity, nonpublic

school or private school shall, in cooperation with the

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Pennsylvania Interscholastic Athletic Association, 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 interscholastic athletic contest or

competition. The presence of emergency services personnel shall

fulfill this requirement.

(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

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:

"Automated external defibrillator" or "AED" means as defined

in section 1423.1.

"Emergency services personnel" means any of the following:

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(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.

"Nonpublic school" means as defined in section 1423.1.

"Private school" means as defined in section 1423.1.

"School entity" means as defined in section 1423.1.

Section 3. School entities, nonpublic schools and private

schools shall comply with the addition of sections 1423.1,

1423.2 and 1423.3 of the act no later than three years after the

effective date of this section.

Section 4. This act shall take effect immediately.

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