H 3576 — Luke Barrett Act

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Document has been reformatted to meet World Wide Web specifications.)                 A bill   TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "LUKE BARRETT ACT" BY ADDING SECTION 59-17-165 SO AS TO PROVIDE DEFINITIONS, TO PROVIDE FOR THE DEVELOPMENT AND IMPLEMENTATION OF CARDIAC EMERGENCY RESPONSE PLANS IN PUBLIC SCHOOLS AND FOR SCHOOL-SPONSORED ATHLETIC PRACTICES AND EVENTS, TO PROVIDE REQUIREMENTS FOR THE DEVELOPMENT AND CONTENTS OF THE PLANS, TO PROVIDE TRAINING REQUIREMENTS RELATED TO THE PROGRAM, AND TO PROVIDE CERTAIN IMMUNITY FOR ACTIONS UNDERTAKEN PURSUANT TO THIS ACT, AMONG OTHER THINGS;

AND BY AMENDING SECTION 59-17-155, RELATING TO AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAMS IN PUBLIC HIGH SCHOOLS, SO AS TO EXPAND THE PROVISIONS TO COVER ALL PUBLIC SCHOOLS INCLUDING CHARTER SCHOOLS, TO PROVIDE PUBLIC SCHOOLS SHALL ENSURE ACCESSIBILITY TO AUTOMATIC EXTERNAL DEFIBRILLATORS AT SCHOOL AND OFF-SITE ATHLETIC EVENTS, TO PROVIDE TESTING AND MAINTENANCE REQUIREMENTS FOR THE AUTOMATIC EXTERNAL DEFIBRILLATORS, AND TO PROVIDE RELATED TRAINING REQUIREMENTS.

  Be it enacted by the General Assembly of the State of South Carolina:

  SECTION 1.  This act may be cited as the "Luke Barrett Act."   SECTION 2.  Chapter 17, Title 59 of the S.C.

Code is amended by adding:

      Section 59-17-165.

(A) As used in this section:

       (1) "Cardiac Emergency Response Plan" or "CERP" means a written document that establishes the specific steps to reduce death from cardiac arrest in a school, workplace, sports facility, or any other school setting.

       (2) "Automated External Defibrillator" or "AED" has the same meaning as found in Section 44-76-20.

       (3) "Sudden Cardiac Arrest" means the occurrence of when the heart malfunctions and stops beating unexpectedly.

    (B) Each public school district or charter school authorizer shall develop a cardiac emergency response plan that addresses the appropriate use of school personnel to respond to incidents involving an individual experiencing sudden cardiac arrest or a similar life-threatening emergency while on school grounds.

    (C) Each public school district or charter school authorizer with an athletic department or organized athletic program shall develop a cardiac emergency response plan that addresses the appropriate use of school personnel to respond to incidents involving an individual experiencing sudden cardiac arrest or a similar life-threatening emergency while attending or participating in a school-sponsored athletic practice or event.

    (D) District officials shall work with local emergency service providers to integrate the community's emergency management system (EMS) protocols in its CERP.

Each CERP shall contain at the minimum, evidence-based standards, in accordance with recommendations or core elements set by the American Heart Association or nationally recognized recommendations or core elements, such as:

       (1) establishment of a school-level cardiac emergency response team;

       (2) activation of the team in response to a sudden cardiac arrest;

       (3) implementation of AED placement and routine maintenance within each school campus;

       (4) maintaining ongoing designated staff training in cardiopulmonary resuscitation and AED use;

       (5) periodic practice of CERP function which may include drills involving individuals identified by the school-level cardiac emergency response team;

       (6) integration of local medical resources into the plan;

and        (7) ongoing and annual review and evaluation of the plan.

    (E) Appropriate AED placement must comply with the CERP in accordance with evidence-based, emergency cardiovascular care guidelines.

    (F) Subject to funding by the General Assembly or South Carolina Department of Education, appropriate school staff must be trained in first aid, CPR, and AED.

The training must follow evidence-based guidelines recommended by nationally recognized, evidence-based guidelines for such training.

Designation of staff to be trained pursuant to this subsection must be determined by the CERP which may include, but may not be limited to, athletic coaches, school nurses, and athletic trainers.

    (G)(1) A public school, public school district, public school district governing authority, charter school, charter school authorizing authority, private school governing authority, the South Carolina Department of Education, and employees, volunteers, and other agents of all of those entities including, but not limited to a school nurse and other designated school personnel, who undertake an act under this section, are not subject to civil or criminal liability for damages caused by injuries to a student or another person resulting from action take pursuant to this section:          (2) The immunity granted pursuant to item (1) also applies to individuals and entities who:

           (a) develop or implement, or participate in the development or implementation of, a plan, pursuant to subsection (B) or (C) including, but not limited to, providing training to school nurses and other designated school personnel;

           (b) make publicly available a plan, pursuant to subsection (B) or (C);              (c) provide first aid, CPR, or use an AED pursuant to the activation of the cardiac emergency response plan.

       (3) The immunity granted pursuant to this subsection:

           (a) does not apply to acts or omissions constituting gross negligence or willful, wanton, or reckless conduct;

and            (b) is in addition to, and not in lieu of, immunity provided pursuant to Sections 15-1-310, 15-78-10, and any other provisions of law.         (4) First aid, CPR, and AED administration pursuant to this section is not the practice of medicine or nursing.

  SECTION 3.  Section 59-17-155 of the S.C.

Code is amended to read:

      Section 59-17-155.

(A) Subject to appropriationsfunding by the General Assembly or South Carolina Department of Education, each school district shall develop and implement an automated external defibrillator program meeting the requirements of Chapter 76, of Title 44 of the 1976 S.C.

Code for each highpublic or charter school in the district.

The program must include provisions that:

       (1) require an operational automaticautomated external defibrillator on the grounds of the high school;