The Committee on Education proposes the following amendment (SEDU-3831.KG0001S):
Amend the bill, as and if amended, SECTION 2, by striking Section 59-17-165(B) and inserting:
(B) Each public school district or charter school authorizer board of trustees 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 on school grounds.Amend the bill further, SECTION 2, by striking Section 59-17-165(D)(1) and inserting:
(D)(1) The State Board of Education shall develop standards, practices, and procedures that must be adopted by public school districts and schools charter school board of trustees when developing a CERP and utilizing training in accordance with nationally recognized, evidence-based standards. Each CERP shall contain at the minimum, the following elements:(a) establishment of a school-level cardiac emergency response team;
(b) activation of the team in response to a sudden cardiac arrest;
(c) implementation of AED placement and routine maintenance within each school campus;
(d) maintaining ongoing designated staff training in cardiopulmonary resuscitation and AED use;
(e) periodic practice of CERP function which may include drills involving individuals identified by the school-level cardiac emergency response team;
(f) integration of local medical resources into the plan; and
(g) ongoing and annual review and evaluation of the plan.
Amend the bill further, SECTION 2, by striking Section 59-17-165(H)(1) and inserting:
(H)(1) A public school, public school district, public school district governing authority, charter school, charter school governing board, charter school authorizing authority, the South Carolina Department of Education, and employees, volunteers, and other agents of all of those entities including, but not limited to, a school nurse and other designated school personnel, who undertake an act under this section, are not subject to civil or criminal liability for damages caused by injuries to a student or another person resulting from action taken pursuant to this section.Amend the bill further, SECTION 3, by striking Section 59-17-155(A) and (B) and inserting:
(A) Subject to appropriationsfunding by the General Assembly or the South Carolina Department of Education, each school district and the board of each charter school shall develop and implement an automated external defibrillator (AED) program meeting the requirements of Chapter 76, of Title 44 of the 1976 Code for each high school in the district. The program must include provisions that:(1) require an operational automaticautomated external defibrillator (AED) on the grounds of the high school;
(2) require all persons who are reasonably expected to use the device to obtain appropriate training, including completion of a course in cardiopulmonary resuscitation or a basic first aid course that includes cardiopulmonary resuscitation training and demonstrated proficiency in the use of an automated external defibrillatorAED. The school district superintendent, or the superintendent's designee, and the charter school board of trustees, or charter school board of trustee's designee, shall determine who is reasonably expected to use the device;
(3) establish guidelines for periodic inspections and maintenance of the defibrillators; and
(4) define the purpose of the program and the manner in which the program will operate.
(B) Subject to funding by the General Assembly or South Carolina Department of Education and notwithstanding another provision of law, rule, or regulation to the contrary, each public school, including charter schools, shall ensure that:
(1) an automated external defibrillatorAED, as defined in Section 44-76-20, must be accessible from each on campus school athletic venue and made available in an unlocked location with appropriate signage on school property as identified in the district cardiac emergency response plan. The automated external defibrillatorAED must be accessible during the school day and any other time in which a school-sponsored athletic event or a team practice in which students are participating. The presence of an emergency medical services provider, athletic trainer, school nurse, or athletic coach equipped with an automated external defibrillatorAED at a school athletic venue satisfies this requirement;
(2) an automated external defibrillatorAED, as defined in Section 44-76-20, must be made accessible by the host team at each off-site athletic event as specified in the district cardiac emergency response plan. If the host team is unable to provide an automated external defibrillatorAED, the entity sanctioning the event must ensure that an automated external defibrillatorAED is present. The presence of an emergency medical services provider, athletic trainer, school nurse, or athletic coach equipped with an AED at a school athletic event satisfies this requirement;
(3) each defibrillator must be tested and maintained according to the operational guidelines of the manufacturer and notification must be provided to the appropriate first aid, ambulance, rescue squad, or other appropriate emergency medical services provider regarding the type of defibrillator available and its location; and
(4) all athletics coaches shall obtain and maintain training in cardiopulmonary resuscitation, first aid, and the use of the AED. This training in cardiopulmonary resuscitation and automated external defibrillator AEDuse must be consistent with evidence-based, emergency cardiovascular care guidelines.
Amend the bill further, SECTION 3, by striking Section 59-17-155(C)(2) and (3) and inserting:
(2) Any designated automated external defibrillatorAED user meeting the requirements of Section 44-76-30(1) and acting according to the required training shall be immune from civil liability for the application of an automated external defibrillatorAED unless the application was grossly negligent.(3) A person or entity acquiring an automated external defibrillatorAED and meeting the requirements of Section 44-76-30 or an automated external defibrillator AED liaison meeting the requirements of Section 44-76-30 shall be immune from civil liability for the use of an automated external defibrillator AEDby any person or entity described in items (1) or (2) of this subsection.
Amend the bill further, SECTION 5, by striking Section and inserting:
SECTION 5. The provisions of this act take effect July 1, 20252026, and are applicable beginning with the 2026-20272027-2028 School Year.Renumber sections to conform.
Amend title to conform.