HEC/HB 54/a
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AN ACT
RELATING TO PUBLIC SCHOOLS; REQUIRING SCHOOLS TO DEVELOP
CARDIAC EMERGENCY RESPONSE PLANS; REQUIRING EVERY SCHOOL TO
INSTALL AN AUTOMATED EXTERNAL DEFIBRILLATOR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-33-1 NMSA 1978 (being Laws 2014,
Chapter 50, Section 1) is amended to read:
"22-33-1. SHORT TITLE.--Chapter 22, Article 33 NMSA
1978 may be cited as the "Emergency Medication in Schools
Act"."
SECTION 2. Section 22-33-2 NMSA 1978 (being Laws 2014,
Chapter 50, Section 2) is amended to read:
"22-33-2. DEFINITIONS.--As used in the Emergency
Medication in Schools Act:
A. "albuterol" includes albuterol or another
inhaled bronchodilator, as recommended by the department of
health, for the treatment of respiratory distress;
B. "albuterol aerosol canister" means a portable
drug delivery device packaged with multiple premeasured doses
of albuterol;
C. "anaphylaxis" or "anaphylactic reaction" means
a sudden, severe and potentially life-threatening whole-body
allergic reaction;
D. "automated external defibrillator" means a HEC/HB 54/a
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
medical device heart monitor and defibrillator that:
(1) has received approval of its premarket
modification filed pursuant to 21 U.S.C. 360(k), from the
United States food and drug administration;
(2) is capable of recognizing cardiac arrest
that will respond to defibrillation, ventricular fibrillation
or rapid ventricular tachycardia and is capable of
determining whether defibrillation should be performed; and
(3) upon determining that defibrillation
should be performed, automatically charges and is capable of
delivering an electrical impulse to an individual's heart;
E. "emergency medication" means albuterol or
epinephrine;
F. "epinephrine" includes epinephrine or another
medication, as recommended by the department of health, used
to treat anaphylaxis until the immediate arrival of emergency
medical system responders;
G. "epinephrine auto-injector" means a portable,
disposable drug delivery device that contains a premeasured
single dose of epinephrine;
H. "governing body" includes a governing body of a
private school;
I. "health care practitioner" means a person
authorized by the state to prescribe emergency medication;
J. "respiratory distress" includes impaired HEC/HB 54/a
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
oxygenation of the blood or impaired ventilation of the
respiratory system;
K. "school" means a public school, charter school
or private school;
L. "spacer" means a holding chamber that is used
to optimize the delivery of albuterol to a person's lungs;
M. "stock supply" means an appropriate quantity of
emergency medication, as recommended by the department of
health; and
N. "trained personnel" means a school employee,
agent or volunteer who has completed epinephrine
administration training documented by the school nurse,
school principal or school leader and approved by the
department of health and who has been designated by the
school principal or school leader to administer epinephrine
on a voluntary basis outside of the scope of employment."
SECTION 3. A new section of the Emergency Medication in
Schools Act is enacted to read:
"CARDIAC EMERGENCY RESPONSE PLAN--AUTOMATED EXTERNAL
DEFIBRILLATOR.--
A. Each school shall develop and implement a
cardiac emergency response plan that addresses the
appropriate use of school personnel who are to respond to
incidents involving a person experiencing a sudden cardiac
arrest or a similar life-threatening emergency while on HEC/HB 54/a
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
school grounds. Each cardiac emergency response plan shall:
(1) be developed and implemented using core
elements that are nationally recognized and evidence-based;
(2) identify specific school personnel who
will take action when a person experiences a sudden cardiac
arrest or a similar life-threatening emergency;
(3) establish protocols for school personnel
identified by the cardiac emergency response plan to follow
when a person experiences a sudden cardiac arrest or a
similar life-threatening emergency;
(4) determine an appropriate location for an
automated external defibrillator to be installed;
(5) provide for routine maintenance of the
automated external defibrillator; and
(6) be updated when necessary to be
consistent with evidence-based guidelines.
B. Every school in the state shall install an
automated external defibrillator. Installed automated
external defibrillators shall be maintained and tested
according to the manufacturer's operational guidelines.
C. No later than January 1, 2026, the department
shall adopt and promulgate rules for the training of school
employees on the use of automated external defibrillators in
a manner consistent with standards adopted by the American
heart association. HEC/HB 54/a
Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
D. The requirements of Subsections A and B of this
section shall be fulfilled by all:
(1) public non-charter high schools no later
than the 2026-2027 school year; and
(2) elementary schools, middle schools,
charter schools and private schools no later than the 2027-
2028 school year."