89R15469 KJE-D
By: Paxton S.B. No. 2019
A BILL TO BE ENTITLED
AN ACT
relating to the availability and instruction on the use of
automated external defibrillators and a cardiac emergency response
plan at public schools and certain private schools in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.902(c), Education Code, is amended to
read as follows:
(c) Each school nurse, assistant school nurse, athletic
coach or sponsor, physical education instructor, marching band
director, cheerleading coach, and any other school employee
specified by the commissioner and each student who serves as an
athletic trainer must participate in the instruction in the use of
an automated external defibrillator. A person described by this
subsection must receive and maintain certification in the use of an
automated external defibrillator from [the American Heart
Association, the American Red Cross, or] a [similar] nationally
recognized, guidelines-based organization focused on emergency
cardiovascular care [association].
SECTION 2. Section 38.017(a), Education Code, is amended to
read as follows:
(a) Each school district shall make available at each campus
in the district the number of [at least one] automated external
defibrillators [defibrillator], as defined by Section 779.001,
Health and Safety Code, necessary for a defibrillator to be
accessible from any location on campus so that a person may provide
emergency care to a person in cardiac arrest within three minutes of
being notified of a possible medical emergency involving cardiac
arrest. A campus defibrillator must be readily available during
any University Interscholastic League athletic competition held on
the campus. In determining the placement of [location at which to
store] a campus defibrillator, the principal of the campus shall
consider guidelines from an organization with expertise in
emergency cardiovascular care and ensure that the defibrillator is
clearly marked [the primary location on campus where students
engage in athletic activities].
SECTION 3. Section 38.018, Education Code, is amended to
read as follows:
Sec. 38.018. [PROCEDURES REGARDING RESPONSE TO] CARDIAC
EMERGENCY RESPONSE PLAN [ARREST]. (a) Each school district and
private school shall develop and implement a cardiac emergency
response plan that establishes safety procedures for a district or
school employee or other appropriate personnel [student] to follow
in responding to a medical emergency involving cardiac arrest on
district or school grounds[, including the appropriate response
time in administering cardiopulmonary resuscitation, using an
automated external defibrillator, as defined by Section 779.001,
Health and Safety Code, or calling a local emergency medical
services provider].
(b) In developing the plan, the district or school shall:
(1) work directly with local emergency services
providers to integrate the plan with the providers' protocols; and
(2) incorporate evidence-based practices of a
nationally recognized, guidelines-based organization focused on
emergency cardiovascular care.
(c) The plan must include at a minimum:
(1) the establishment of a cardiac emergency response
team;
(2) procedures for activating the cardiac emergency
response team in response to a medical emergency involving cardiac
arrest;
(3) the dissemination of the plan throughout each
district or school campus;
(4) ongoing training in first aid, cardiopulmonary
resuscitation, and the use of automated external defibrillators, as
defined by Section 779.001, Health and Safety Code, using
evidence-based guidelines, for appropriate district or school
employees, including school coaches, school nurses, and athletic
trainers;
(5) annual practice drills in responding to a medical
emergency involving cardiac arrest; and
(6) annual review, evaluation, and, if necessary,
modification of the plan.
(d) A private school is required to develop a cardiac
emergency response plan [safety procedures] under this section only
if the school receives an automated external defibrillator from the
agency or receives funding from the agency to purchase or lease an
automated external defibrillator.
(e) The commissioner shall establish a grant program to
award grants to districts and schools to assist with the
implementation of a cardiac emergency response plan. In awarding
grants, the commissioner shall prioritize districts or schools at
which at least 50 percent of enrolled students are educationally
disadvantaged.
SECTION 4. Not later than the first instructional day of the
2027-2028 school year, each public school and private school to
which Sections 38.017 and 38.018, Education Code, as amended by
this Act, apply shall make available the number of automated
external defibrillators and implement a cardiac emergency response
plan as required by those sections.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.