House Bill 1548

(As Passed the House)

AN ACT TO REQUIRE SCHOOLS AND SCHOOL SPONSORED ATHLETIC EVENTS, INCLUDING SCHOOL BOARDS, AND OPERATORS OF INDEPENDENT CHARTER SCHOOLS, TO SUPPORT, ADOPT, AND IMPLEMENT A CARDIAC EMERGENCY RESPONSE PLAN THAT INTEGRATES EVIDENCE BASED CORE ELEMENTS IN ACCORDANCE WITH THE AMERICAN HEART ASSOCIATION'S GUIDELINES OR ANOTHER NATIONALLY RECOGNIZED, EVIDENCE BASED STANDARD; TO EXEMPT SCHOOLS FROM THE PREREQUISITE THAT A MISSISSIPPI LICENSED PHYSICIAN MUST EXERCISE MEDICAL CONTROL AUTHORITY OVER THE PERSON USING AN AED; TO REQUIRE THAT ANY PERSON USING AN AUTOMATED EXTERNAL DEFIBRILLATOR MUST USE A FDA APPROVED DEVICE TO ASSURE THE SAFETY AND RELIABILITY OF THE DEVICE; TO AMEND SECTION 41-60-33, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. As used in this act, the following terms and phrases shall have the meanings ascribed in this section unless context clearly indicates otherwise:

(a) "Cardiac Emergency Response Plan (CERP)" is a written document that establishes the specific steps to reduce death from cardiac arrest in any setting, be it a school, community organization, workplace or sports facility.

(b) "Automated External Defibrillator (AED)" is a lightweight, portable device that delivers an electric shock through the chest to the heart. The shock can potentially stop an irregular heartbeat, known as arrhythmia, and allow a normal rhythm to resume following sudden cardiac arrest.

(c) "Sudden Cardiac Arrest (SCA)" occurs when the heart malfunctions and stops beating unexpectedly. If not treated within minutes, it quickly leads to death.

SECTION 2. (1) Beginning in the 2024-2025 school year, each public school shall develop a cardiac emergency response plan (CERP) that addresses the appropriate use of school personnel to respond to incidents involving an individual experiencing sudden cardiac arrest or a similar life-threatening emergency while on school grounds.

(2) Beginning in the 2024-2025 school year, each public school with an athletic department or organized athletic program shall develop a cardiac emergency response plan that addresses the appropriate use of school personnel to respond to incidents involving an individual experiencing sudden cardiac arrest or a similar life-threatening emergency while attending or participating in an athletic practice or event while on school grounds.

(3) School officials shall work directly with local emergency service providers to integrate the CERP into the community's EMS responder protocols. Each plan shall integrate evidence-based core elements, such as those recommended by the American Heart Association's guidelines or another nationally recognized, evidence-based standard.

(4) The CERP shall integrate, at a minimum, the following guidelines:

(a) Establishing a cardiac emergency response team;

(b) Activating the team in response to a SCA;

(d) Disseminating the plan throughout the school campus;

(e) Maintaining ongoing staff training in CPR/AED use;

(f) Practicing using drills annually;

(g) Integrating local EMS with the plan; and

(h) Ongoing and annual review and evaluation of the plan.

(5) Appropriate AED placement shall be dictated by the CERP and in accordance with guidelines set by the American Heart Association or another nationally recognized, evidence-based standard. A school or local and regional board of education may accept gifts, grants and donations, including in-kind donations designated for the purchase of an AED that meets the standards established by the United States Food and Drug Administration and for the costs incurred to inspect and maintain such device and train staff in the use of such device.

(6) Appropriate school staff shall be trained in first-aid, CPR, and AED use that follow evidence-based guidelines set forth by the American Heart Association or another nationally recognized, evidence-based standard. Staff trained shall be determined by the CERP, including, but not limited, to licensed coaches, school nurses, and athletic trainers.

SECTION 3. A school district, school district employee or agent acting in good faith who provides assistance or services under this act shall be immune from civil prosecution and shall not be liable in any action for civil damages in his or her individual, marital, governmental, corporate or other capacity as a result of the services provided under this act.

SECTION 4. All public and charter schools will be exempt from Section 41-60-33, which defines the prerequisite that a Mississippi licensed physician must exercise medical control authority over the person using an AED.

SECTION 5. Section 41-60-33, Mississippi Code of 1972, is amended as follows:

41-60-33. Except as otherwise exempted by Section 4 of this act, 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 6. This act shall take effect and be in force from and after July 1, 2024.