First Regular Session of the 123rd General Assembly (2023)
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SENATE ENROLLED ACT No. 369
AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 20-34-8-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 3.5. As used in this chapter, "venue specific
emergency action plan for sudden cardiac arrest" means a plan
developed by a school corporation, charter school, or state
accredited nonpublic school that:
(1) includes detailed instructions regarding how to respond to
sudden cardiac arrest; and
(2) indicates the location of the nearest automated external
defibrillator (AED) at the venue.
SECTION 2. IC 20-34-8-9, AS ADDED BY P.L.56-2021,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 9. (a) This section applies to:
(1) a head coach or assistant coach who coaches an athletic
activity;
(2) a marching band leader; or
(3) a drama or musical leader; or
(3) (4) a leader of an extracurricular activity in which students
have an increased risk of sudden cardiac arrest activity as
determined by the department in consultation with an
organization that specializes in the prevention of sudden cardiac
arrest.
(b) An individual described in subsection (a) shall complete the
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sudden cardiac arrest training course offered by a provider approved by
the department in a manner specified by the state board under
IC 20-28-5.5-1. The sudden cardiac arrest training course described
in this subsection must include training in the use of an automated
external defibrillator (AED). An individual described in subsection
(a) may not coach or lead the athletic activity event in which students
have an increased risk of sudden cardiac arrest until the individual
completes the training course required under this subsection. The
provider shall provide the school with a certificate of completion to the
school corporation, charter school, or state accredited nonpublic school
for each individual who completes a course under this subsection.
(c) Each school corporation, charter school, or state accredited
nonpublic school shall maintain all certificates of completion awarded
under subsection (b) for each individual described in subsection (a).
(d) An individual described in subsection (a) who complies with this
section and provides coaching or leadership services in good faith is
not personally liable for damages in a civil action as a result of a
sudden cardiac arrest incurred by an applicable student participating in
an athletic activity event in which students have an increased risk of
sudden cardiac arrest for which the head coach, assistant coach,
marching band leader, drama or musical leader, or other applicable
leader provided coaching or leadership services, except for an act or
omission by the individual described in subsection (a) that constitutes
gross negligence or willful or wanton misconduct.
(e) An individual described in subsection (a) may ensure that an
operational automated external defibrillator (AED) is present at
each event in which students have an increased risk of sudden
cardiac arrest for which the individual described in subsection (a)
is providing coaching or leadership.
(f) An automated external defibrillator (AED) described in
subsection (e) may be:
(1) deployed in accordance with the venue specific emergency
action plan for sudden cardiac arrest developed under
subsection (i);
(2) except as provided in subsection (g), located on the
premises where the event in which students have an increased
risk of sudden cardiac arrest occurs; and
(3) present for the duration of the event in which students
have an increased risk of sudden cardiac arrest.
(g) One (1) automated external defibrillator (AED) may be
shared by two (2) or more events in which students have an
increased risk of sudden cardiac arrest if the following conditions
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are met:
(1) The events in which students have an increased risk of
sudden cardiac arrest occur at the same time.
(2) The events in which students have an increased risk of
sudden cardiac arrest occur in locations that are in close
proximity to each other, as determined by the department.
(3) The automated external defibrillator (AED) is placed in a
designated location that is between the events in which
students have an increased risk of sudden cardiac arrest and
meets the requirement of subsection (f)(3).
(4) Each individual described in subsection (a) who conducts
an event in which students have an increased risk of sudden
cardiac arrest described in this subsection is aware of the
designated location of the automated external defibrillator
(AED).
(h) At each event in which students have an increased risk of
sudden cardiac arrest, an individual described in subsection (a)
may inform all individuals who are coaching or providing
leadership at the event in which students have an increased risk of
sudden cardiac arrest of the location of the automated external
defibrillator (AED).
(i) A school corporation, charter school, and state accredited
nonpublic school may do the following:
(1) Ensure that an automated external defibrillator (AED)
described in subsection (e) is properly maintained.
(2) Develop a venue specific emergency action plan for sudden
cardiac arrest that:
(A) establishes a goal of responding within three (3)
minutes to a sudden cardiac arrest occurring within the
venue; and
(B) requires the performance of periodic drills at times and
locations determined by the governing body.
(3) Distribute the plan described in subdivision (2) to the
school board.
(4) Share the plan described in subdivision (2) with each
individual described in subsection (a).
(5) Post the plan described in subdivision (2) in a conspicuous
place so that it is visible by any participants of an activity at
the venue.
(6) Before the beginning of the season of each event in which
students have an increased risk of sudden cardiac arrest,
share the plan described in subdivision (2) with all applicable
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students.
(j) A school corporation, a charter school, a state accredited
nonpublic school (as defined in IC 20-18-2-18.7), or an accredited
nonpublic school (as defined in IC 10-21-1-1) may apply for a grant
under IC 10-21-1-2(a)(1)(C)(viii) to purchase an automated
external defibrillator (AED) if the school corporation, charter
school, state accredited nonpublic school or accredited nonpublic
school develops a venue specific emergency action plan for sudden
cardiac arrest.
SECTION 3. [EFFECTIVE JULY 1, 2023] (a) The department of
education shall conduct a statewide survey of school corporations,
charter schools, and state accredited nonpublic schools to
determine:
(1) the number of automated external defibrillators (AEDs)
owned before July 1, 2023, by the schools; and
(2) school policies in effect before July 1, 2023, regarding
automated external defibrillators (AEDs).
(b) The department of education shall compile the results of the
survey described in subsection (a) in a report. The department of
education shall:
(1) publish the report on the department's website; and
(2) submit the report to the legislative council in an electronic
format under IC 5-14-6;
not later than October 31, 2023.
(c) This SECTION expires January 1, 2025.
SEA 369 — CC 1 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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