By: Alvarado, Campbell S.B. No. 865
      Paxton
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to instruction in cardiopulmonary resuscitation and the
  use of automated external defibrillators and to a cardiac emergency
  response plan for certain school employees and volunteers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 22.902(c) and (e), Education Code, are
  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
  cardiopulmonary resuscitation and [in] the use of an automated
  external defibrillator. A person described by this subsection must
  receive and maintain certification in cardiopulmonary
  resuscitation and the use of an automated external defibrillator
  from the American Heart Association, the American Red Cross, or a
  similar nationally recognized association.
         (e)  A [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 or an open-enrollment charter
  school[.  A private school] shall adopt a policy under which the
  school makes available to school employees and volunteer nurses 
  [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 2.  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.
         SECTION 3.  This Act applies beginning with the 2025-2026
  school year.
         SECTION 4.  Not later than the first instructional day of the
  2027-2028 school year, each public school and private school to
  which Section 38.018, Education Code, as amended by this Act,
  applies shall implement a cardiac emergency response plan as
  required by that section.
         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.