Louisiana 2014 Regular Session

Louisiana House Bill HB542 Latest Draft

Bill / Chaptered Version

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ACT No. 517
Regular Session, 2014
HOUSE BILL NO. 542
BY REPRESENTATIVES WILLMOTT, ARNOLD, BARROW, WESLEY BISHOP,
BROADWATER, BURFORD, HENRY BURNS, BURRELL, CARTER, COX,
DANAHAY, EDWARDS, GAROFALO, GUILLORY, HARRIS, HARRISON,
HAZEL, HENRY, HILL, HOFFMANN, HOLLIS, HOWARD, KATRINA
JACKSON, JEFFERSON, JONES, NANCY LANDRY, LEOPOLD, MACK,
PRICE, REYNOLDS, RICHARD, SHADOIN, SMITH, ST. GERMAIN, STOKES,
THOMPSON, ALFRED WILLIAMS, AND PATRICK WILLIAMS AND
SENATORS ALARIO, APPEL, BROOME, BROWN, BUFFINGTON, CLAITOR,
CROWE, DORSEY-COLOMB, ERDEY, GALLOT, HEITMEIER, JOHNS,
LAFLEUR, LONG, MARTINY, MILLS, MORRELL, MURRAY, PEACOCK,
RISER, GARY SMITH, WALSWORTH, WARD, AND WHI TE
AN ACT1
To enact R.S. 17:81(X) and 3996(B)(34), relative to instruction in public high schools2
regarding cardiopulmonary resuscitation and automated external defibrillators; to3
require and provide guidelines for such instruction; to provide relative to rules and4
regulations; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 17:81(X) and 3996(B)(34) are hereby enacted to read as follows:7
§81.  General powers of local public school boards8
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X.(1) The governing authority of each public school that enrolls students in10
grades nine through twelve shall provide instruction relative to cardiopulmonary11
resuscitation and the use of an automated external defibrillator.  Such instruction12
shall be integrated into the curriculum of an existing course, such as health13
education, physical education, or another course that is required for graduation and14
deemed appropriate by the school governing authority, and shall include the15
following:16 ENROLLEDHB NO. 542
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(a) An instructional program developed by the American Heart Association1
or the American Red Cross or an instructional program that is nationally recognized2
and based on the most current national evidence-based emergency cardiovascular3
care guidelines for the performance of cardiopulmonary resuscitation and the use of4
an automated external defibrillator.5
(b)  Training for students relative to the psychomotor skills necessary to6
perform cardiopulmonary resuscitation. For the purposes of this Subparagraph,7
"psychomotor skills" means skills that students are required to perform as hands-on8
practice to support cognitive learning.  Students receiving the instruction required9
by this Subsection in a virtual school shall not be required to perform hands-on10
practice.11
(2)(a) A classroom teacher shall not be required to be a certified trainer of12
cardiopulmonary resuscitation to facilitate, provide, or oversee the instruction.13
(b)  The governing authority of each public school may consult and partner14
with the following individuals whom the governing authority may authorize to15
participate in providing the instruction:16
(i) Emergency medical technicians, paramedics, physicians, nurses,17
respiratory therapists, police officers, deputy sheriffs, nurse practitioners, athletic18
trainers, firefighters, and any persons included in the definition of "health care19
provider" provided in R.S. 40:1299.41, each of whom shall be certified in20
cardiopulmonary resuscitation and must be currently licensed, certified, or21
commissioned according to his respective occupation in order to participate in22
providing such instruction. If it is in accordance with the laws, rules, or  regulations23
governing his profession, if applicable, an instructor may apply the hours spent24
performing this instruction toward fulfilling professional requirements relative to25
performing community service.26
(ii) Representatives of the American Heart Association or the American Red27
Cross or other similarly qualified individuals.28 ENROLLEDHB NO. 542
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(c) Instruction required pursuant to this Subsection shall not result in the1
certification of students in cardiopulmonary resuscitation or the use of an automated2
external defibrillator. If, separate and apart from the instruction required by this3
Subsection, a school governing authority provides a training program that is intended4
to result in such certification, the instructor shall be authorized to provide instruction5
for certification by the American Heart Association, the American Red Cross, or a6
similar nationally recognized association. Prior to the certification of any student7
under the age of eighteen through such a training program, a school governing8
authority shall obtain parental consent.9
(d) The physical presence of an automated external defibrillator in the10
classroom is not required. The instruction need only provide general information on11
the use and importance of automated external defibrillators.12
(3) The governing authority of each public school shall adopt rules and13
regulations necessary for the implementation of this Subsection.14
(4) The governing authority of each public school shall comply with any15
surveys or reporting that the State Board of Elementary and Secondary Education or16
the state Department of Education requires in order to determine whether governing17
authorities are complying with the provisions of this Subsection.18
(5)  This Subsection may be referred to as "The Burke Cobb Act."19
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§3996.  Charter schools; exemptions; requirements21
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B. Notwithstanding any state law, rule, or regulation to the contrary and23
except as may be otherwise specifically provided for in an approved charter, a24
charter school established and operated in accordance with the provisions of this25
Chapter and its approved charter and the school's officers and employees shall be26
exempt from all statutory mandates or other statutory requirements that are27
applicable to public schools and to public school officers and employees except for28
the following laws otherwise applicable to public schools with the same grades:29
*          *          *30 ENROLLEDHB NO. 542
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(34) Instruction relative to cardiopulmonary resuscitation and the use of1
automatic external defibrillators, R.S. 17:81(X).2
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: