VanDeaver Bill Gives Schools Until 2027-2028 For Defibrillators

The text as introduced · 792 words

89R5515 KJE-D

By: VanDeaver
H.B. No. 3485

A BILL TO BE ENTITLED

AN ACT

relating to the availability and instruction on the use of

automated external defibrillators and a cardiac emergency response

plan at public schools and certain private schools in this state.

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

SECTION 1. Section 22.902(c), Education Code, is amended to

read as follows:

(c) Each school nurse, assistant school nurse, athletic

coach or sponsor, physical education instructor, marching band

director, cheerleading coach, and any other school employee

specified by the commissioner and each student who serves as an

athletic trainer must participate in the instruction in the use of

an automated external defibrillator. A person described by this

subsection must receive and maintain certification in the use of an

automated external defibrillator from the American Heart

Association, the American Red Cross, or a similar nationally

recognized , guidelines-based organization focused on emergency

cardiovascular care [ association ].

SECTION 2. Section 38.017(a), Education Code, is amended to

read as follows:

(a) Each school district shall make available at each campus

in the district the number of [ at least one ] automated external

defibrillators [ defibrillator ], as defined by Section 779.001,

Health and Safety Code , necessary for a defibrillator to be

accessible from any location on campus so that a person may provide

emergency care to a person in cardiac arrest within three minutes of

being notified of a possible medical emergency involving cardiac

arrest . A campus defibrillator must be readily available during

any University Interscholastic League athletic competition held on

the campus. In determining the placement of [ location at which to

store ] a campus defibrillator, the principal of the campus shall

consider the guidelines from the American Heart Association or

another organization with expertise in emergency cardiovascular

care and ensure that the defibrillator is clearly marked [ primary

location on campus where students engage in athletic activities ].

SECTION 3. Section 38.018, Education Code, is amended to

read as follows:

Sec. 38.018. [ PROCEDURES REGARDING RESPONSE TO ] CARDIAC

EMERGENCY RESPONSE PLAN [ ARREST ]. (a) Each school district and

private school shall develop and implement a cardiac emergency

response plan that establishes safety procedures for a district or

school employee or other appropriate personnel [ student ] to follow

in responding to a medical emergency involving cardiac arrest on

district or school grounds [ , including the appropriate response

time in administering cardiopulmonary resuscitation, using an

automated external defibrillator, as defined by Section 779.001,

Health and Safety Code, or calling a local emergency medical

services provider ].

(b) In developing the plan, the district or school shall:

(1) work directly with local emergency services

providers to integrate the plan with the providers' protocols; and

(2) incorporate evidence-based practices, such as the

American Heart Association's core elements for cardiac emergency

response plans.

(c) The plan must include at a minimum:

(1) the establishment of a cardiac emergency response

team;

(2) procedures for activating the cardiac emergency

response team in response to a medical emergency involving cardiac

arrest;

(3) the dissemination of the plan throughout each

district or school campus;

(4) ongoing training in first aid, cardiopulmonary

resuscitation, and the use of automated external defibrillators, as

defined by Section 779.001, Health and Safety Code, using

evidence-based guidelines, for appropriate district or school

employees, including school coaches, school nurses, and athletic

trainers;

(5) annual practice drills in responding to a medical

emergency involving cardiac arrest; and

(6) annual review, evaluation, and, if necessary,

modification of the plan.

(d) A private school is required to develop a cardiac

emergency response plan [ safety procedures ] under this section only

if the school receives an automated external defibrillator from the

agency or receives funding from the agency to purchase or lease an

automated external defibrillator.

(e) The commissioner shall establish a grant program to

award grants to districts and schools to assist with the

implementation of a cardiac emergency response plan. In awarding

grants, the commissioner shall prioritize districts or schools at

which at least 50 percent of enrolled students are educationally

disadvantaged.

SECTION 4. Not later than the first instructional day of the

2027-2028 school year, each public school and private school to

which Sections 38.017 and 38.018, Education Code, as amended by

this Act, apply shall make available the number of automated

external defibrillators and implement a cardiac emergency response

plan as required by those sections.

SECTION 5. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.