House Bill 670

AN ACT RELATING TO AUTOMATED EXTERNAL DEFIBRILLATORS; TO REQUIRE PUBLIC AND PRIVATE HIGH SCHOOLS TO HAVE AN AUTOMATED EXTERNAL DEFIBRILLATOR ON THE SCHOOL GROUNDS; TO ENCOURAGE PUBLIC AND PRIVATE PARTNERSHIPS TO COVER CERTAIN COSTS ASSOCIATED WITH DEFIBRILLATORS; TO AUTHORIZE AND DIRECT THE STATE BOARD OF HEALTH, IN CONSULTATION WITH THE STATE BOARD OF EDUCATION, TO PROMULGATE REGULATIONS TO REQUIRE PREVENTATIVE CARDIAC SCREENING OF STUDENT ATHLETES AND TO MANDATE THAT COACHES, ATHLETIC TRAINERS AND CERTAIN STUDENTS RECEIVE TRAINING IN CARDIOPULMONARY RESUSCITATION AND THE USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR; TO AUTHORIZE AND DIRECT THE STATE BOARD OF EDUCATION TO REQUIRE SCHOOL DISTRICTS AND PRIVATE SCHOOLS TO COMPLY WITH CARDIAC SCREENING REQUIREMENTS BEGINNING WITH THE 2015-2016 SCHOOL YEAR; TO PROVIDE IMMUNITY FROM CIVIL LIABILITY TO COACHES, ATHLETIC TRAINERS AND CERTAIN STUDENTS FOR INJURIES CAUSED AS A RESULT OF AN ACT OR OMISSION RELATING TO THE USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR; TO BRING FORWARD SECTIONS 41-60-33 AND 73-25-37, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Each public and private high school in the State of Mississippi must have an operational automated external defibrillator (AED) on the high school campus. Public and private partnerships are encouraged to cover the cost associated with the purchase and placement of the automated external defibrillator and training in the use of the automated external defibrillator.

SECTION 2. (1) The State Board of Health, in consultation with the State Board of Education, shall develop and promulgate by regulation, guidelines and standards mandating that student athletes receive preventative cardiac screening to detect conditions and defects which may lead to illness, injury or death as a result of strenuous physical activity related to participation in school-sponsored extracurricular athletics. The State Board of Health shall determine the specific types of screening which shall be required, including, but not limited to, advanced screening for the diagnosis of hypertrophic cardiomyopathy.

(2) For purposes of this section, "student athlete" shall mean any student participating in supervised sporting activities organized by a public or private school, or an organization, association or group organized and functioning, in whole or in part, for the purpose of providing youth with the opportunity to participate in supervised sporting activities.

(3) The State Board of Health shall establish by regulation, guidelines mandating that coaches and athletic trainers, whether paid or unpaid, and student athletes, as defined in this section, shall be required to complete training in cardiopulmonary resuscitation (CPR) and the correct use of an automated external defibrillator (AED) as required under Section 41-30-33(b) or as provided in a health education course for public school students as required under Section 37-13-134. However, student athletes shall be required to complete training in CPR and the correct use of an AED for each year of participation in school-sponsored extracurricular athletics, unless the student receives certification in CPR and the correct use of an AED through independent training or the required health education course. The State Department of Education and the Mississippi Association of Independent Schools shall collaborate to develop programs to provide such training at various locations throughout the state at least four (4) times per year.

(4) The State Department of Education shall require all public school districts and accredited private schools to comply with the regulations promulgated by the State Board of Health under subsection (1) of this section beginning with the 2015-2016 school year.

(5) Any coach, athletic trainer or student athlete who has access to an AED and uses it in good faith in an emergency shall be immune from civil liability for any personal injury as a result of an act or omission related to the operation of or failure to operate an AED as provided under Section 73-25-37.

SECTION 3. Section 41-60-33, Mississippi Code of 1972, is brought forward as follows:

41-60-33. Any person may use an automated external defibrillator for the purpose of saving the life of another person in sudden cardiac death, subject to the following requirements:

(a) A Mississippi licensed physician must exercise medical control authority over the person using the AED to ensure compliance with requirements for training, emergency medical services (EMS) notification and maintenance;

(b) The person using the AED must have received appropriate training in cardiopulmonary resuscitation (CPR) and in the use of an AED by the American Heart Association, American Red Cross, National Safety Council or other nationally recognized course in CPR and AED use;

(c) The AED must not operate in a manual mode except when access control devices are in place or when appropriately licensed individuals such as registered nurses, physicians or emergency medical technician-paramedics utilize the AED; and

(d) Any person who renders emergency care or treatment on a person in sudden cardiac death by using an AED must activate the EMS system as soon as possible, and report any clinical use of the AED to the licensed physician.

SECTION 4. Section 73-25-37, Mississippi Code of 1972, is brought forward as follows:

73-25-37. (1) No duly licensed, practicing physician, physician assistant, dentist, registered nurse, licensed practical nurse, certified registered emergency medical technician, or any other person who, in good faith and in the exercise of reasonable care, renders emergency care to any injured person at the scene of an emergency, or in transporting the injured person to a point where medical assistance can be reasonably expected, shall be liable for any civil damages to the injured person as a result of any acts committed in good faith and in the exercise of reasonable care or omissions in good faith and in the exercise of reasonable care by such persons in rendering the emergency care to the injured person.

(2) (a) Any person who in good faith, with or without compensation, renders emergency care or treatment by the use of an Automated External Defibrillator (AED) in accordance with the provisions of Sections 41-60-31 through 41-60-35, as well as the person responsible for the site where the AED is located if the person has provided for compliance with the provisions of Sections 41-60-31 through 41-60-35, shall be immune from civil liability for any personal injury as a result of that care or treatment, or as a result of any act, or failure to act, in providing or arranging further medical treatment, where the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances and the person's actions or failure to act does not amount to willful or wanton misconduct or gross negligence.

(b) A person who has not complied with the provisions of Sections 41-60-31 through 41-60-35, but who has access to an AED and uses it in good faith in an emergency as an ordinary prudent person would have done in the same or similar circumstances, shall be immune from civil liability for any personal injury as a result of an act or omission related to the operation of or failure to operate an AED if the person's actions or failure to act do not amount to willful or wanton misconduct or gross negligence.

(3) Any employee of a local public school district, a private school, or parochial school, trained in the administration of auto-injectable epinephrine, who provides, administers, or assists in the administration of auto-injectable epinephrine, in accordance with the provisions of Section 37-11-71, to a student believed in good faith to be having an anaphylactic reaction, shall be immune from civil liability for any personal injury as a result of that care or treatment if the employee's actions or failure to act do not amount to willful or wanton misconduct or gross negligence.

(4) The immunity from civil liability for any personal injury under subsection (2) of this section includes the licensed physician who authorizes, directs or supervises the installation or provision of AED equipment in or on any premises or conveyance other than a medical facility, the owner of the premises where an AED is used, the purchaser of the AED, a person who uses an AED during an emergency for the purpose of attempting to save the life of another person who is or who appears to be in cardiac arrest, and the person who provides the CPR and AED training.

(5) The immunity from civil liability for any personal injury under subsection (3) of this section includes the licensed physician who prescribes the auto-injectable epinephrine, the school district, or any other entity, that legally obtained the auto-injectable epinephrine, and the person who provides the training in the administration of auto-injectable epinephrine.

(6) The immunity from civil liability under subsection (2) and subsection (3) of this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the emergency care.

SECTION 5. This act shall take effect and be in force from and after July 1, 2015.