Current & Pending Legislation

 


AED Legislation for Schools

Legislation – Automated External Defibrillators (AEDs), Cardiopulmonary Resuscitation (CPR) & Sudden Cardiac Arrest (SCA)

Through its state-by-state network, Parent Heart Watch encourages its members to affect public policy at local and state levels so that communities take action and protect children from the devastating effects of SCA.

At a glance, the progress made through members’ efforts at state and local levels:

California - ACR-159, a resolution designating September 12th (Travis Roy’s birthday) as a state-wide memorial day each year, in honor of those like Travis who have fallen from, as well as those who have survived, a Sudden Cardiac Arrest event.

Colorado - Senate Bill 05-170 requires schools to accept donated AEDs or cash donations towards the purchase of an AED for schools and school athletic facilities.  Effective date:  May 2005

Connecticut - Senate Bill 981 requires all schools to have an AED and trained staff member.  This is an unfunded mandate.  Effective date: 2010

Delaware - Title 16 Health and Safety, Chapter 30C Automatic External Defibrillators (AEDS) established regulations for ownership and use of AEDs in Delaware.   In 1999, under funding from the State’s Health Fund, the Office of Emergency Medical Services established the State’s Public Access Defibrillation (PAD) Program.   Through the PAD Program, the State of Delaware is the first state to provide all public and private schools having greater than 75 students with at least one AED without a mandate.   Many schools have multiple AEDs.

Florida - Senate Bill 248 requires AEDs in all public schools that are members of the Florida High School Athletic Association and encourages public and private partnerships to cover costs associated with purchase and placement of AEDs and training. Each school must ensure that all employees or volunteers expected to use the device will obtain CPR and AED training. The location of each AED must be registered with a local emergency medical services medical director.  Effective date: July 1, 2006. 
                 
Georgia - House Bill 1031 mandates that each public high school with an interscholastic athletics program have at least one operational AED on site at all times.  Effective date: July 1, 2008.

Illinois - Senate Bill 2216 created a state income tax check off for the Heartsaver AED Fund and makes matching funds available through the Illinois Department of Public Health for facilities that are required to have AEDs; these include public schools, universities, and park districts.  Effective date: June 2006

Pending:  House Bill 0291 would require the Department of Public Health to establish a 3-year pilot program for the Chicago school district in which the Department shall require an electrocardiogram (EKG) test as part of the health examination that student athletes are required to undergo.

Maine
- LD # 1785 An Act that requires AEDs in Extracurricular Activities in Kindergarten to Grade 12. An act to permit AEDs in Kindergarten to Grade 12 Schools.   Effective date: September 2007

Maryland - House Bill 1200, "Andrew's Law," requires that all high schools have at least one AED and that an AED and a trained person in CPR and AED use be available during all school sponsored athletic events. Effective date: June 2006

House Bill 1134/Senate Bill 579 eliminates civil liability except in cases of gross negligence for the users of AEDs.  This was a modification of the "Good Samaritan" laws.  Effective date: June 2008

Massachusetts   Pending:  House Bill 2711, relative to enhancing emergency response for children and seniors.

Michigan
- Senate Bill 310 requires AEDs in all health clubs and that they are deployed in a manner that provides obvious and ready accessibility to staff, members, and guests. Health clubs must employ at least one individual trained in CPR and AED use.  Effective date: 2/16/06. Senate Bill 1095, Sec.99d. appropriated $100,000.00 for grants to districts for purchasing automated external defibrillators for schools; requiring that districts provide a 50% local match; and requiring that high schools and lower-income districts be served first.  Effective date: August 10, 2006.    

Nevada - School districts in a county whose population is 100,000 or more shall ensure that at least one AED is placed in a central location at each high school within the district.

New Hampshire - House Bill 911 established an AED Advisory Commission to encourage all schools to obtain and maintain AEDs at appropriate school locations for the safety and protection of students participating in or attending school athletic and related activities.  Effective Date: July 1, 2007.

New Jersey - A-1608 also known as "Janet's Law" requires public school districts and nonpublic schools to have an AED available in an unlocked location on school property beginning September 1, 2014. The AED must be accessible during the day and any time a school-sponsored athletic event or team practice is taking place.

New York - Legislative Bill # 8779-A requires public school officials and administrators responsible for public school facilities to ensure the presence of at least one staff person who is trained in the operation and use of an AED: whenever public school facilities are used for school-sponsored or school-approved curricular or extracurricular events or activities, or whenever a school-sponsored athletic contest is held at any location.  If a school-sponsored competitive athletic event is held at a site other than a public school facility, the public school officials must assure that AED equipment is provided on-site.  Effective date: September 1, 2002.

Pending: A11670 introduced by Assembly Member Aubry would require cardiac screening of student athletes; mandates coaches receive training in CPR and the use of an automated external defibrillator.

North Dakota - Senate Bill 2313 State Legislature appropriated $400,000 to equip school with AEDs.  Effective date:

Ohio - $5 million was appropriated in two phases from Tobacco Settlement Funds for the placement of AEDs in primary and secondary schools.  Schools that received an AED through the project were required to train five people to use the device.

Oklahoma - Senate Bill 923 also known as “The Zachary Eckles and Luke Davis Automated External Defibrillators in Schools Act” encourages school districts to make AEDs available at each school, if funding is available.  Effective date:

Pennsylvania - Senate Bill 5 appropriated $2.4 million for a one-time program to assist public, private, charter and independent schools in acquiring at least two AEDs.

H.B. 1610  Sudden Cardiac Arrest Prevention Act establishes standards for preventing sudden cardiac arrest and death in student athletes; assigning duties to the Department of Health and the Department of Education; and imposing penalties  It requires coaches, parents and students to learn about the symptoms of sudden cardiac arrest. If they're shown by a player, the law requires the student be removed from the game. Effectiive Date: July 30, 2012.

Tennessee
- Code 49-2-122/HB2775/SB2826/Chapter 795 (a) local educational agencies (LEA) are encouraged, within existing budgetary limits, to have AEDs in schools to provide additional safeguards against loss of life from sudden cardiac incidents.  (b) Any LEA that places AEDs in schools shall comply with the maintenance and testing of the AEDs to ensure that the devices are in optimal operating condition. (c) Each placement of an AED shall be supervised and endorsed by a physician. AEDs shall be placed in locations that are accessible during emergency situations. AEDs shall not be placed in an office that is not accessible to any person who might need to use the AED or in any location that is locked during times that students, parents or school employees are present at school or school events. (d) AEDs placed in schools shall be registered with local emergency medical services providers. (e) LEAs, those employed by LEAs or schools, responsible for an AED program shall not be liable for any civil liability fr any personal injury that results from an act or omission that does not amount to willful or gross negligence. Effective Date: 2008

Texas - Senate bill 7 requires all public schools, athletic events and practices to be equipped with an AED and a trained individual to operate the device.  Additionally, the State Board of Education will include instruction in CPR and AED use as part of the essential knowledge and skills of the health curriculum.  It also requires the Texas Education Agency (TEA) to establish a cardiovascular screening pilot program for students in the 6th grade level.  Effective Date:  September 1, 2007.

For a detailed outline on all state AED laws National Conference of State Legislatures click here.

 

 

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