House Bill 1133

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 REQUIRE THAT ALL SCHOOL-SPONSORED ATHLETICS PROVIDE AN AED ON SITE OF EACH ATHLETIC VENUE FOR PRACTICES, GAMES, OR OTHER ATHLETIC EVENTS OR THAT IS RETRIEVABLE AND ABLE TO BE PLACED ON A VICTIM EXPERIENCING A CARDIAC EPISODE WITHIN THREE MINUTES; 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 AN 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.

(d) "High-needs schools" means schools where at least fifty percent (50%) of children are eligible to receive free and reduced priced meals or the school participates in the Community Eligibility Provision or Universal Free Meals. High-need schools may also be defined by Title 1 status for low-achieving children, especially in high-poverty schools.

SECTION 2. (1) Beginning in the 2025-2026 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 and school athletic venue grounds.

(2) Beginning in the 2025-2026 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 and school athletic venue 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 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. An automated external defibrillator must be identified with appropriate signage, is on-site of each school athletic venue, or placed and made available in an unlocked location on school property that can be placed on a victim within three (3) minutes of a victim experiencing a cardiac episode. The AED shall be accessible during the school day and any other time in which a school-sponsored athletic event or team practice, in which pupils of the school are participating. 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. (1) The implementation of the provisions of this act is subject to the appropriation of necessary funds by the Legislature for such purposes. If funds are appropriated or otherwise made available, said funds shall be allocated to schools determined to be in high need, to be used for activities and equipment that further promotes CERP preparedness, including, but not limited to, the purchase of automatic external defibrillators (AEDs) and AED maintenance, the purchase of CPR training kits or CPR training for faculty and staff, basic first aid training and educational materials.

(2) The State Department of Education/local board of education may establish a procedure for monitoring adherence by school boards, operators of independent charter schools, and the governing bodies of private schools to the requirements set forth in subdivision of this section.

(3) A local and regional board of education may accept gifts, grants, and donations, including in-kind donations designated for the purchase of an automatic external defibrillator 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.

SECTION 4. 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 5. 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 6. Section 41-60-33, Mississippi Code of 1972, is amended as follows:

41-60-33. (1) Except as otherwise exempted by Section 5 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.

(2) All public schools and charter schools shall be exempt from the provisions of this section when acting in accordance with Sections 37-11-85 and 37-11-87.

SECTION 7. This act shall take effect and be in force from and after July 1, 2025.