Smart Heart Act

This bill renames the "Sudden Cardiac Arrest Prevention Act," so that it is now to be known and cited as the "Smart Heart Act."

Present law requires the governing authority of each public and nonpublic elementary, middle, junior high, and high school, working through guidance approved by the department of health and communicated through the department of education, to require annual completion by all coaches, whether the coach is employed or a volunteer, and by school athletic directors of a sudden cardiac arrest education program approved by the department of health ("department"). In developing the program, the department, at no cost to the state, may use materials and resources created by organizations, such as Simon's Fund, for the purpose of educating coaches about sudden cardiac arrest. The department must make the sudden cardiac arrest education course program available on its website for any school to access free of charge.

This bill adds to the above provision that the program must include training in cardiopulmonary resuscitation (CPR), first aid, and the use of an automated external defibrillator (AED) for all participants.

This bill requires the governing authority of each public and nonpublic school that serves any of the grades 9-12 to maintain an automated external defibrillator (AED), that is accessible during the school day and during all school youth athletic activities in which students in any of the grades 9-12 are participating. An AED maintained pursuant to this provision must do as follows:

(1) Be identified with signage;

(2) Be located on-site of the school youth athletic activity or placed and made available in an unlocked location on school property that is within 1,000 feet of the site of the school youth athletic activity; and

(3) Meet the requirements of state law relative to training in AED use and CPR.

The governing authority of a public or nonpublic school may use an AED maintained by the governing authority.

ATHLETICS EMERGENCY ACTION PLAN (AEAP)

This bill requires, beginning September 1, 2024, the governing authority of each public and nonpublic school that serves any of the grades 9-12 to establish, review, and annually rehearse an AEAP for responding to serious or life-threatening injuries sustained by students participating in a school or a local education agency organized athletic activity when the majority of the participants are under 18, and are engaging in an organized athletic game or competition against another team, club, or entity or in practice or preparation for an organized game or competition against another team, club, or entity ("school youth athletic activity"). “School youth athletic activity” does not include college or university activities, an activity which is entered into for instructional purposes only, or an athletic activity that is incidental to a nonathletic program, or a lesson.

This bill requires an AEAP to do the following:

(1) Integrate nationally recognized, evidence-based core elements or standards;

(2) Be memorialized as a written document, specific to the sites under the control of the school where school youth athletic activities are conducted;

(3) Be developed in consultation with local emergency medical services personnel; and

(4) Be distributed to all athletics staff members, school personnel identified in the AEAP , and healthcare professionals identified in the AEAP.

The AEAP is also required to do the following, at minimum:

(1) Identify the address or venue of each school youth athletic activity for the respective school year;

(2) Identify the personnel in each school who are responsible for carrying out the AEAP, including their assigned responsibilities and the designated chain of command;

(3) Identify any healthcare professionals who may provide medical care during school youth athletic activities;

(4) Identify any equipment and supplies that may be needed to respond to a medical emergency at a school youth athletic activity, including the location of each item;

(5) Describe the proper procedures to be followed after a serious or life-threatening injury occurs, including responding to the injured individual, summoning emergency medical care, assisting emergency responders, and documenting the actions taken during the emergency; and

(6) Provide contact information for emergency medical services and directions to assist emergency personnel in accessing the location of a school youth athletic activity.

PLACEMENT OF AED DEVICES IN SCHOOLS

Under present law, all public schools must have at least one AED device placed within the school. All schools required to place AED devices in schools must comply with state law relative to: (i) training; (ii) establishment of a written plan that complies with state law; (iii) notification; (iv) maintenance and testing of the AEDs to ensure that the devices are in optimal operating condition; and (v) any other requirements under state law.

Present law requires that each placement of an AED be supervised and endorsed by a physician with an unrestricted license to practice medicine or osteopathy in this state. When a school receives its first AED, it must place the AED in a location that may be accessed readily from any area of the school, which may include those areas of the school that are used for physical education or activity. Subsequently, additional AEDs must be placed in locations that are accessible during emergency situations. AEDs must not be placed in an office that is not accessible to any person who might need to use the AED or in any location that is locked during times that students, parents or school employees are present at school or school events.

This bill authorizes any required AEDs to be placed within a school or on school grounds in accordance with the guidelines established in the cardiac emergency response plan adopted for the public school pursuant to the provision under "Cardiac Emergency Response Plan" (CERP), below.

CARDIAC EMERGENCY RESPONSE PLAN

This bill requires each local board of education and public charter school governing body to develop and adopt a CERP that establishes the steps that should be taken in response to a sudden cardiac arrest event occurring within the school building or on school grounds. Local boards of education and public charter school governing bodies are encouraged to develop CERPs in accordance with guidelines established by the American Heart Association or another nationally recognized organization focused on providing emergency cardiovascular care.

This bill requires a CERP adopted pursuant to this bill to do the following:

(1) Be implemented at each public school governed by the local board of education or public charter school governing body;

(2) Identify the number of AEDs that must be placed within each school building or on school grounds that are used for academic, athletic, or other community purposes, in addition to the AED required by other provisions of this bill;

(3) Establish a cardiac emergency response team at each public school that is responsible for carrying out the CERP, including the response protocols each team is responsible for implementing and overseeing in a sudden cardiac arrest event. If the board or governing body is required to establish an AEAP, then the responsibilities and chain of command designated in the CERP for the respective cardiac emergency response team must align with those outlined in the AEAP;

(4) Be disseminated to students, parents, teachers, administrators, and other school employees at least once each school year, and posted prominently in each school building and on school grounds used for academic, athletic, or other community purposes, as well as on the website for the respective LEA or public school;

(5) Identify the training required for members of the cardiac emergency response team, and for any teachers, administrators, or other school employees, to assist such individuals in understanding the severity of sudden cardiac arrest events, to educate such individuals on how to respond in such circumstances, and to notify such individuals of the existence, content, and guidance available in the CERP; and

(6) Be reviewed at least annually by the local board of education or public charter school governing body, semiannually by each cardiac emergency response team, and no later than 10 days after a sudden cardiac arrest event occurs within a school, or on the grounds of a school, governed by the local board of education or public charter school by the cardiac emergency response team and the director of schools or the director of the public charter school, as applicable.

This bill requires each local board of education and public charter school governing body, to the greatest extent possible, ensure the requirements of (i)-(v), above, are incorporated into the CERP.

TRAINING FOR BUS DRIVERS

Under present law, schools are encouraged to offer training to school bus drivers. This bill removes this language and instead encourages schools to offer training in CPR, first aid, and the use of an AED to school bus drivers.

RULEMAKING

The state board of education, in consultation with the department of health, is authorized to promulgate rules to effectuate this act.

APPLICABILITY

This act applies to the 2024-2025 school year and subsequent school years.

ON MARCH 11, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2251, AS AMENDED.

AMENDMENT #1 makes the following changes to the bill:

(1) Requires an automated external defibrillator ("AED") maintained by the governing authority of each public and nonpublic school that serves any of the grades nine through 12 that is accessible during the school day and during all school youth athletic activities in which students in any of the grades nine through 12 are participating to be located on-site of the school youth athletic activity or placed and made available in an unlocked location on school property that allows for the AED to be used on an individual who may experience a sudden cardiac arrest event while the individual is on-site of the school youth athletic activity within three minutes;

(2) Requires, instead of authorizes, AEDs to be placed within a school or on school grounds in accordance with the guidelines established in the cardiac emergency response plan ("CERP") adopted for the public school pursuant to the bill;

(3) Requires, instead of authorizes, local boards of education and public charter school governing bodies to develop CERPs in accordance with guidelines established by the American Heart Association or another nationally recognized organization focused on providing emergency cardiovascular care; and

(4) Requires a CERP adopted pursuant to the bill to identify the training required for members of the cardiac emergency response team, and for any teachers, administrators, or other school employees, to assist such individuals in understanding the severity of sudden cardiac arrest events, to educate such individuals on how to respond in such circumstances, and to notify such individuals of the existence, content, and guidance available in the CERP, which must include training in cardiopulmonary resuscitation, first aid, and the use of an AED.