|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to instruction in cardiopulmonary resuscitation, the |
|
availability and use of automated external defibrillators at |
|
certain school campuses and athletic events, and the creation of a |
|
cardiovascular screening pilot program. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 5.001, Education Code, is amended by |
|
adding Subdivision (6-a) to read as follows: |
|
(6-a) "Private school" means a school that: |
|
(A) offers a course of instruction for students |
|
in one or more grades from prekindergarten through grade 12; and |
|
(B) is not operated by a governmental entity. |
|
SECTION 2. Subsection (a), Section 7.026, Education Code, |
|
is amended to read as follows: |
|
(a) The agency may accept donations, including donations of |
|
equipment, for use in providing cardiopulmonary resuscitation |
|
(CPR) instruction to students. The agency: |
|
(1) shall distribute the donations to school districts |
|
for the purpose of providing [that provide] CPR instruction to |
|
students under Sections 28.0023 and [Section] 29.903; and |
|
(2) may use a portion of the donations to the extent |
|
necessary to pay administrative expenses related to the donations. |
|
SECTION 3. Subchapter Z, Chapter 22, Education Code, is |
|
amended by adding Section 22.902 to read as follows: |
|
Sec. 22.902. INSTRUCTION RELATED TO CARDIOPULMONARY |
|
RESUSCITATION AND USE OF AUTOMATED EXTERNAL DEFIBRILLATOR. (a) A |
|
school district shall annually make available to district employees |
|
and volunteers instruction in the principles and techniques of |
|
cardiopulmonary resuscitation and the use of an automated external |
|
defibrillator, as defined by Section 779.001, Health and Safety |
|
Code. |
|
(b) The instruction provided in the use of an automated |
|
external defibrillator must meet guidelines for automated external |
|
defibrillator training approved under Section 779.002, Health and |
|
Safety Code. |
|
(c) Each school nurse, assistant school nurse, athletic |
|
coach or sponsor, physical education instructor, marching band |
|
director, athletic trainer, 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 association. |
|
(d) The commissioner shall adopt rules as necessary to |
|
implement this section. |
|
(e) This subsection applies only to a private school that |
|
receives an automated external defibrillator from the agency or |
|
receives funding from the agency to purchase or lease an automated |
|
external defibrillator. A private school shall adopt a policy |
|
under which the school makes available to school employees and |
|
volunteers instruction in the principles and techniques of |
|
cardiopulmonary resuscitation and the use of an automated external |
|
defibrillator. The policy must comply with the requirements |
|
prescribed by this section and commissioner rules adopted under |
|
this section, including the requirements prescribed by Subsection |
|
(c). |
|
SECTION 4. Subchapter A, Chapter 28, Education Code, is |
|
amended by adding Section 28.0023 to read as follows: |
|
Sec. 28.0023. CARDIOPULMONARY RESUSCITATION AND AUTOMATED |
|
EXTERNAL DEFIBRILLATOR INSTRUCTION. (a) In this section, |
|
"automated external defibrillator" has the meaning assigned by |
|
Section 779.001, Health and Safety Code. |
|
(b) The State Board of Education by rule shall include |
|
elements relating to instruction in cardiopulmonary resuscitation |
|
and the use of an automated external defibrillator as part of the |
|
essential knowledge and skills of the health curriculum under |
|
Section 28.002(a)(2)(B). |
|
(c) This subsection applies only to a private school that |
|
receives an automated external defibrillator from the agency or |
|
receives funding from the agency to purchase or lease an automated |
|
external defibrillator. A private school shall provide instruction |
|
to students in cardiopulmonary resuscitation and the use of an |
|
automated external defibrillator in a manner consistent with the |
|
requirements of this section and State Board of Education rules |
|
adopted under this section. |
|
SECTION 5. Subsection (a), Section 29.903, Education Code, |
|
is amended to read as follows: |
|
(a) A school district [that provides instruction to
|
|
students in the principles and techniques of cardiopulmonary
|
|
resuscitation (CPR)] may accept from the agency donations the |
|
agency receives under Section 7.026 for[. The district must] use |
|
[those donations] in providing instruction to students in the |
|
principles and techniques of CPR. A district may accept other |
|
donations, including donations of equipment, for use in providing |
|
the instruction. |
|
SECTION 6. Subchapter A, Chapter 38, Education Code, is |
|
amended by adding Sections 38.017, 38.018, and 38.019 to read as |
|
follows: |
|
Sec. 38.017. AVAILABILITY OF AUTOMATED EXTERNAL |
|
DEFIBRILLATOR. (a) Each school district shall make available at |
|
each campus in the district at least one automated external |
|
defibrillator, as defined by Section 779.001, Health and Safety |
|
Code. A campus defibrillator must be readily available during any |
|
University Interscholastic League athletic competition held on the |
|
campus. In determining the location at which to store a campus |
|
defibrillator, the principal of the campus shall consider the |
|
primary location on campus where students engage in athletic |
|
activities. |
|
(b) To the extent practicable, each school district, in |
|
cooperation with the University Interscholastic League, shall make |
|
reasonable efforts to ensure that an automated external |
|
defibrillator is available at each University Interscholastic |
|
League athletic practice held at a district campus. If a school |
|
district is not able to make an automated external defibrillator |
|
available in the manner provided by this subsection, the district |
|
shall determine the extent to which an automated external |
|
defibrillator must be available at each University Interscholastic |
|
League athletic practice held at a district campus. The |
|
determination must be based, in addition to any other appropriate |
|
considerations, on relevant medical information. |
|
(c) Each school district, in cooperation with the |
|
University Interscholastic League, shall determine the extent to |
|
which an automated external defibrillator must be available at each |
|
University Interscholastic League athletic competition held at a |
|
location other than a district campus. The determination must be |
|
based, in addition to any other appropriate considerations, on |
|
relevant medical information and whether emergency services |
|
personnel are present at the athletic competition under a contract |
|
with the school district. |
|
(d) Each school district shall ensure the presence at each |
|
location at which an automated external defibrillator is required |
|
under Subsection (a), (b), or (c) of at least one campus or district |
|
employee trained in the proper use of the defibrillator at any time |
|
a substantial number of district students are present at the |
|
location. |
|
(e) A school district shall ensure that an automated |
|
external defibrillator is used and maintained in accordance with |
|
standards established under Chapter 779, Health and Safety Code. |
|
(f) This section does not: |
|
(1) waive any liability or immunity of a school |
|
district or its officers or employees; or |
|
(2) create any liability for or a cause of action |
|
against a school district or its officers or employees. |
|
(g) This subsection applies only to a private school that |
|
receives an automated external defibrillator from the agency or |
|
receives funding from the agency to purchase or lease an automated |
|
external defibrillator. A private school shall: |
|
(1) make available at the school at least one |
|
automated external defibrillator; and |
|
(2) in coordination with the Texas Association of |
|
Private and Parochial Schools, adopt a policy concerning the |
|
availability of an automated external defibrillator at athletic |
|
competitions and practices in a manner consistent with the |
|
requirements prescribed by this section, including the training and |
|
maintenance requirements prescribed by this section. |
|
Sec. 38.018. PROCEDURES REGARDING RESPONSE TO CARDIAC |
|
ARREST. (a) Each school district and private school shall develop |
|
safety procedures for a district or school employee or student to |
|
follow in responding to a medical emergency involving cardiac |
|
arrest, 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) A private school is required to develop 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. |
|
Sec. 38.019. CARDIOVASCULAR SCREENING PILOT PROGRAM. |
|
(a) In this section, "pilot program" means the cardiovascular |
|
screening pilot program. |
|
(b) The commissioner shall establish a pilot program under |
|
which sixth grade students at participating campuses are |
|
administered a cardiovascular screening, including an |
|
electrocardiogram and an echocardiogram. |
|
(c) The commissioner shall select campuses to participate |
|
in the pilot program. In selecting campuses, the commissioner |
|
shall ensure that the cardiovascular screening is administered to |
|
an ethnically diverse range of students. |
|
(d) The commissioner may accept grants and donations for use |
|
in administering the pilot program. |
|
(e) The commissioner shall require a participating campus |
|
to provide the results of a student's cardiovascular screening to |
|
the student's parent or guardian. |
|
(f) Each campus selected to participate in the pilot program |
|
shall provide a summary of the results of the cardiovascular |
|
screenings to the commissioner in a manner that does not identify |
|
specific students. Not later than January 1, 2009, the |
|
commissioner shall prepare and deliver to each member of the |
|
legislature a report summarizing the results of the cardiovascular |
|
screenings. This subsection expires June 1, 2009. |
|
(g) The commissioner may adopt rules necessary to |
|
administer this section. |
|
SECTION 7. Subchapter B, Chapter 44, Education Code, is |
|
amended by adding Section 44.047 to read as follows: |
|
Sec. 44.047. PURCHASE OR LEASE OF AUTOMATED EXTERNAL |
|
DEFIBRILLATOR. (a) A school district or private school that |
|
purchases or leases an automated external defibrillator, as defined |
|
by Section 779.001, Health and Safety Code, shall ensure that the |
|
automated external defibrillator meets standards established by |
|
the federal Food and Drug Administration. |
|
(b) A private school that purchases or leases an automated |
|
external defibrillator is required to comply with the requirements |
|
of this section only if the school receives funding from the agency |
|
to purchase or lease the automated external defibrillator. |
|
SECTION 8. Subsection (b), Section 29.903, Education Code, |
|
is repealed. |
|
SECTION 9. (a) Except as otherwise provided by this Act, |
|
this Act applies beginning with the 2007-2008 school year. |
|
(b) The State Board of Education shall adopt rules relating |
|
to instruction in cardiopulmonary resuscitation and the use of an |
|
automated external defibrillator in accordance with Section |
|
28.0023, Education Code, as added by this Act, not later than March |
|
1, 2008. The rules shall require each school district and |
|
open-enrollment charter school to provide instruction in |
|
cardiopulmonary resuscitation and the use of an automated external |
|
defibrillator beginning with the 2008-2009 school year. |
|
(c) Each private school to which Subsection (c), Section |
|
28.0023, Education Code, as added by this Act, applies shall |
|
provide instruction in cardiopulmonary resuscitation and the use of |
|
an automated external defibrillator as required by that section |
|
beginning with the 2008-2009 school year. |
|
(d) The State Board of Education is not required to review |
|
and adopt textbooks for the health curriculum to comply with the |
|
requirements of Section 28.0023, Education Code, as added by this |
|
Act, until those textbooks are otherwise scheduled for review and |
|
adoption under the cycle adopted under Section 31.022, Education |
|
Code. |
|
SECTION 10. 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, 2007. |