H*3723(Rat #0322, Act #0278 of 2008)  General Bill, By Neilson, Anthony, Bales, 
Clyburn, Hodges, Hosey, Howard, Jefferson, Mack, Moss and Williams
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 59-17-155 SO AS TO REQUIRE, SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY,
 EACH SCHOOL DISTRICT IN THIS STATE TO DEVELOP AND IMPLEMENT AN AUTOMATED
 EXTERNAL DEFIBRILLATOR PROGRAM FOR EACH HIGH SCHOOL IN THE DISTRICT WHICH
 REQUIRES THAT SUCH A DEFIBRILLATOR IS PROVIDED ON THE GROUNDS OF EACH HIGH
 SCHOOL, THAT DISTRICT EMPLOYEES AND VOLUNTEERS REASONABLY EXPECTED TO USE THE
 DEVICE, AS DETERMINED BY THE DISTRICT SUPERINTENDENT OR THE SUPERINTENDENT'S
 DESIGNEE, ARE TRAINED IN ITS USE, AND THAT THESE DEVICES ARE PERIODICALLY
 INSPECTED AND MAINTAINED, TO PROVIDE THE DISTRICT SHALL DEFINE THE PROGRAM AND
 THE MANNER IN WHICH IT OPERATES, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY WITH
 RESPECT TO THIS PROGRAM EXCEPT FOR GROSSLY NEGLIGENT ACTS, AND TO AUTHORIZE
 THE STATE BUDGET AND CONTROL BOARD TO ESTABLISH A STATE CONTRACT FOR THE
 PROCUREMENT OF AUTOMATED EXTERNAL DEFIBRILLATORS. - ratified title

   03/15/07  House  Introduced and read first time HJ-5
   03/15/07  House  Referred to Committee on Education and Public
                     Works HJ-6
   04/18/07  House  Recalled from Committee on Education and Public
                     Works HJ-94
   04/18/07  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-94
   02/05/08  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-10
   02/06/08  House  Amended HJ-21
   02/06/08  House  Read second time HJ-23
   02/06/08         Scrivener's error corrected
   02/07/08  House  Read third time and sent to Senate HJ-26
   02/07/08  Senate Introduced and read first time SJ-5
   02/07/08  Senate Referred to Committee on Education SJ-5
   05/15/08  Senate Committee report: Favorable with amendment
                     Education SJ-7
   05/16/08         Scrivener's error corrected
   05/21/08  Senate Committee Amendment Adopted SJ-98
   05/21/08  Senate Read second time SJ-98
   05/27/08  Senate Read third time and returned to House with
                     amendments SJ-11
   05/29/08  House  Concurred in Senate amendment and enrolled HJ-29
   05/29/08         Ratified R 322
   06/04/08         Vetoed by Governor
   06/05/08  House  Veto overridden by originating body Yeas-77 
                     Nays-17 HJ-182
   06/05/08  Senate Veto overridden Yeas-43  Nays-0
   06/16/08         Copies available
   06/16/08         Effective date See Act for Effective Date
   06/17/08         Act No. 278

(A278, R322, H3723)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-155 SO AS TO REQUIRE, SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY, EACH SCHOOL DISTRICT IN THIS STATE TO DEVELOP AND IMPLEMENT AN AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM FOR EACH HIGH SCHOOL IN THE DISTRICT WHICH REQUIRES THAT SUCH A DEFIBRILLATOR IS PROVIDED ON THE GROUNDS OF EACH HIGH SCHOOL, THAT DISTRICT EMPLOYEES AND VOLUNTEERS REASONABLY EXPECTED TO USE THE DEVICE, AS DETERMINED BY THE DISTRICT SUPERINTENDENT OR THE SUPERINTENDENT'S DESIGNEE, ARE TRAINED IN ITS USE, AND THAT THESE DEVICES ARE PERIODICALLY INSPECTED AND MAINTAINED, TO PROVIDE THE DISTRICT SHALL DEFINE THE PROGRAM AND THE MANNER IN WHICH IT OPERATES, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY WITH RESPECT TO THIS PROGRAM EXCEPT FOR GROSSLY NEGLIGENT ACTS, AND TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO ESTABLISH A STATE CONTRACT FOR THE PROCUREMENT OF AUTOMATED EXTERNAL DEFIBRILLATORS.

Be it enacted by the General Assembly of the State of South Carolina:

School districts, automated external defibrillators

SECTION    1.    Chapter 17, Title 59 of the 1976 Code is amended by adding:

"Section 59-17-155.    (A)    Subject to appropriations by the General Assembly, each school district shall develop and implement an automated external defibrillator 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 automatic external defibrillator 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 defibrillator. The school district superintendent, or the superintendent'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)(1)    Any person or entity acting in good faith and gratuitously shall be immune from civil liability for the use of an automated external defibrillator unless the person was grossly negligent in the use.

(2)    Any designated automated external defibrillator 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 defibrillator unless the application was grossly negligent.

(3)    A person or entity acquiring an automated external defibrillator and meeting the requirements of Section 44-76-30 or an automated external defibrillator liaison meeting the requirements of Section 44-76-30 shall be immune from civil liability for the use of an automated external defibrillator by any person or entity described in items (1) or (2) of this subsection.

(4)    A prescribing physician shall be immune from civil liability for authorizing the purchase of an automated external defibrillator, unless the authorization was grossly negligent.

(C)    Any person or entity, acting in good faith and gratuitously, that teaches or provides a training program for cardiopulmonary resuscitation that includes training in the use of automated external defibrillator is immune from civil liability for providing this training for use if the:

(1)    person or entity has provided the training in accordance with the guidelines and policies of a national training organization, as defined in Section 44-76-30(1);

(2)    person providing the training is authorized to deliver that course or curriculum; and

(3)    training delivery was not grossly negligent.

(D)    The State Budget and Control Board may establish a state contract for the purchase of automated external defibrillators."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor and first applies for the 2008-2009 school year.

Ratified the 29th day of May, 2008.

Vetoed by the Governor -- 6/4/08.

Veto overridden by House -- 6/5/08.

Veto overridden by Senate -- 6/5/08.