SB2095.DOC

SECTION 1. The legislature finds that more than two hundred fifty thousand Americans die from sudden cardiac arrest each year. The legislature further finds that eighty per cent of cardiac arrests occur at home, at a workplace, or at locations that people normally frequent, such as schools. According to the Sudden Cardiac Arrest Association, a victim's rate of survival is ninety per cent if defibrillation is provided within the first minute following cardiac arrest, and the rate of survival decreases by approximately ten per cent every minute thereafter. Thirty to fifty per cent of victims will likely survive if cardiopulmonary resuscitation and an automated external defibrillator are used within five minutes of collapse.

The purpose of this Act is to improve the safety of students, faculty, staff, and visitors at Hawaii's schools by requiring all public and private elementary schools, middle schools, high schools, the University of Hawaii and community colleges, and accredited and unaccredited degree granting institutions to maintain at least one properly functioning automated external defibrillator in a clearly visible, well-marked location on the campus of each school and to require the presence of at least one staff person who is trained in the operation and use of an automated external defibrillator whenever school facilities are used for school-sponsored or school-approved curricular or extracurricular activities and wherever a school-sponsored athletic contest is held, beginning with:

(1) The 2012-2013 school year for all public and private middle schools, high schools, the University of Hawaii and community colleges, and accredited and unaccredited degree granting institutions; and

(2) The 2014-2015 school year for all public and private elementary schools.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

AUTOMATED EXTERNAL DEFIBRILLATORS

§ -1 Definitions. As used in this chapter, unless the context clearly requires otherwise:

"Accredited institution" means a degree granting institution that is accredited or is a candidate for accreditation by at least one nationally recognized accrediting agency that is listed by the United States Secretary of Education.

"Automated external defibrillator" means a medical device approved by the United States Food and Drug Administration that:

(1) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia in an individual;

(2) Is capable of determining, without intervention by an operator, whether defibrillation should be performed on the individual;

(3) Upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to the individual's heart; and

(4) Upon action by an operator, automatically charges and requests delivery of an appropriate electrical impulse to the individual's heart to perform defibrillation.

"Degree granting institution" has the same meaning as in section 446E-1. As used in this chapter, the term "degree granting institution" shall not include the University of Hawaii and any community college established and governed by the University of Hawaii board of regents under chapter 304A.

"Unaccredited institution" has the same meaning as in section 446E-1.

"University" means the University of Hawaii and any community college established and governed by the University of Hawaii board of regents under chapter 304A.

§ -2 Applicability. This chapter shall apply to:

(1) All public schools, as defined in section 302A-101;

(2) All private elementary schools, middle schools, and high schools;

(3) The university, as defined in section -1; and

(4) All accredited and unaccredited degree granting institutions, as defined in section -1.

§ -3 Mandatory automated external defibrillators; public and private schools. (a) Beginning with the 2012-2013 school year:

(1) The department of education shall maintain at least one properly functioning automated external defibrillator in a clearly visible, well-marked location on each public middle school and high school campus in the State;

(2) The charter school administrative office shall maintain at least one properly functioning automated external defibrillator in a clearly visible, well-marked location on each charter middle school and high school campus in the State;

(3) Each private middle school and high school in the State shall maintain at least one properly functioning automated external defibrillator on campus in a clearly visible, well-marked location;

(4) The University of Hawaii shall maintain at least one properly functioning automated external defibrillator in a clearly visible, well-marked location on each university campus; and

(5) Each accredited and unaccredited degree granting institution shall maintain at least one properly functioning automated external defibrillator on campus in a clearly visible, well-marked location.

(b) Beginning with the 2014-2015 school year:

(1) The department of education shall maintain at least one properly functioning automated external defibrillator in a clearly visible, well-marked location on each public elementary school campus in the State;

(3) Each private elementary school in the State shall maintain at least one properly functioning automated external defibrillator on campus in a clearly visible, well-marked location.

(c) For purposes of this section, a school shall be deemed an elementary school, middle school, or high school based on the highest level of education offered by that school.

§ -4 Mandatory trained automated external defibrillator operator; public and private schools. (a) Beginning with:

(1) The 2012-2013 school year for each public middle school and high school in the State; and

(2) The 2014-2015 school year for each public elementary school in the State,

whenever public school facilities are used for school-sponsored or school-approved curricular or extracurricular activities and wherever a school-sponsored athletic contest is held, the department of education shall require the presence of at least one staff person who is trained in the operation and use of an automated external defibrillator. Where a school-sponsored competitive athletic event is held at a site other than a school facility, the department shall assure that an automated external defibrillator is provided on site.

(b) Beginning with:

(1) The 2012-2013 school year for each private middle school and high school in the State; and

(2) The 2014-2015 school year for each private elementary school in the State,

whenever a private school's facilities are used for school-sponsored or school-approved curricular or extracurricular activities and wherever a school-sponsored athletic contest is held, the private school sponsoring the event shall require the presence of at least one staff person who is trained in the operation and use of an automated external defibrillator. Where a school-sponsored competitive athletic event is held at a site other than a private school facility, the private school sponsoring the athletic event shall assure that an automated external defibrillator is provided on site.

(c) Beginning with the 2012-2013 school year, whenever university facilities are used for university-sponsored or university-approved curricular or extracurricular activities and wherever a university-sponsored athletic contest is held, the university shall require the presence of at least one staff person who is trained in the operation and use of an automated external defibrillator. Where a university-sponsored competitive athletic event is held at a site other than a university facility, the university shall assure that an automated external defibrillator is provided on site.

(d) Beginning with the 2012-2013 school year, whenever an accredited or unaccredited degree granting institution's facilities are used for institution-sponsored or institution-approved curricular or extracurricular activities and wherever an institution-sponsored athletic contest is held, the institution sponsoring the activity or contest shall require the presence of at least one staff person who is trained in the operation and use of an automated external defibrillator. Where an institution-sponsored competitive athletic event is held at a site other than that institution's facility, the institution sponsoring the athletic event shall assure that an automated external defibrillator is provided on site.

§ -5 Exception to liability. Section 663-1.5 shall apply when administering an automated external defibrillator in the State."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2095
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII