THE SENATE	S.B. NO.	2483
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EDUCATION.

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

     SECTION 1.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A‑   Automated external defibrillators; requirements; training. (a) All public schools shall have on the site of every sporting event one or more fully automated external defibrillators, as referenced in the definition of "basic life support" under section 321-222, that is fully functioning and properly maintained at all times, including periodic replacement of batteries and pads.

(b)  The department shall ensure that:

(1) The automated external defibrillator is maintained and regularly tested according to the operation and maintenance guidelines set forth by the

manufacturer, the American Heart Association, and the American Red Cross, and according to any applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority;

(2) The automated external defibrillator is checked for readiness after each use and at least once every thirty days if the automated external defibrillator has not been used in the preceding thirty days; provided that records of the checks shall be maintained by the department and the individual school; and

(3) Every trainer and teacher at each public school is trained and certified at all times in the use of automated external defibrillators."

     SECTION 2.  Chapter 302B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302B‑   Automated external defibrillators; requirements; training. (a) All charter schools shall have on the site of every sporting event one or more fully automated external defibrillators, as referenced in the definition of "basic life support" under section 321-222, that is fully functioning and properly maintained at all times, including periodic replacement of batteries and pads.

(b)  The department shall ensure that:

(1) The automated external defibrillator is maintained and regularly tested according to the operation and maintenance guidelines set forth by the

manufacturer, the American Heart Association, and the American Red Cross, and according to any applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority;

(2) The automated external defibrillator is checked for readiness after each use and at least once every thirty days if the automated external defibrillator has not been used in the preceding thirty days; provided that records of the checks shall be maintained by the department and the individual school; and

(3) Every trainer and teacher at each charter school is trained and certified at all times in the use of automated external defibrillators."

     SECTION 3.  Chapter 302C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302C‑   Automated external defibrillators; requirements; training. (a)  All private schools shall have on the site of every sporting event one or more fully automated external defibrillators, as referenced in the definition of "basic life support" under section 321-222, that is fully functioning and properly maintained at all times, including periodic replacement of batteries and pads.

(b)  Each private school shall ensure that:

(1) The automated external defibrillator is maintained and regularly tested according to the operation and maintenance guidelines set forth by the

manufacturer, the American Heart Association, and the American Red Cross, and according to any applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority;

(2) The automated external defibrillator is checked for readiness after each use and at least once every thirty days if the automated external defibrillator has not been used in the preceding thirty days; provided that records of the checks shall be maintained by the private school; and

(3) Every trainer and teacher at each private school is trained and certified at all times in the use of automated external defibrillators."

     SECTION 4.  Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§304A‑    Automated external defibrillators; requirements; training. (a)  All divisions and campuses of the University of Hawaii system shall have on the site of every sporting event one or more fully automated external defibrillators, as referenced in the definition of "basic life support" under section 321-222, that is fully functioning and properly maintained at all times, including periodic replacement of batteries and pads.

(b)  The athletic department of the University of Hawaii, with regard to each institution under the University of Hawaii system, shall ensure that:

(1) The automated external defibrillator is maintained and regularly tested according to the operation and maintenance guidelines set forth by the

manufacturer, the American Heart Association, and the American Red Cross, and according to any applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority;

(2) The automated external defibrillator is checked for readiness after each use and at least once every thirty days if the automated external defibrillator has not been used in the preceding thirty days; provided that records of the checks shall be maintained by the athletic department of the University of Hawaii; and

(3) Every trainer is trained and certified at all times in the use of automated external defibrillators."

     SECTION 5.  Section 663-1.5, Hawaii Revised Statutes, is amended by amending subsections (e) to read as follows:

     "(e)  Any person who in good faith, without remuneration or expectation of remuneration, attempts to resuscitate a person in immediate danger of loss of life when administering any automated external defibrillator, regardless of where the automated external defibrillator that is used is located, shall not be liable for any civil damages resulting from any act or omission except as may result from the person's gross negligence or wanton acts or omissions[.]; provided that a trainer or teacher, pursuant to pursuant to sections 302A‑   , 302B‑   , 302C‑   , or 304A‑   , respectively, who administers an automated external defibrillator under this subsection be considered to be doing so without remuneration or expectation of remuneration.

     Any person, including an employer, who provides for an automated external defibrillator or an automated external defibrillator training program shall not be vicariously liable for any civil damages resulting from any act or omission of the persons or employees who, in good faith and without remuneration or the expectation of remuneration, attempt to resuscitate a person in immediate danger of loss of life by administering an automated external defibrillator, except as may result from a person's or employer's gross negligence or wanton acts or omissions."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Education; Automated External Defibrillators

Description:

Requires every public school, public charter school, private school, and the University of Hawaii to have one or more fully automated external defibrillators (AED) on the site of every sporting event and requires the trainers and teachers at each school to be trained and certified on the use of AED's.

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