THE SENATE	S.B. NO.	2483
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 1
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) By the end of the 2013-2014 school year:

(1) All public schools shall have an automated external defibrillator situated in a permanent location on campus;

(2) All public schools that have an athletic trainer shall ensure that at every sporting event, an additional automated external defibrillator is available and the athletic trainer is trained and certified at all times in the use of automated external defibrillators; and

(3) All public schools that do not have an athletic trainer shall ensure that at every sporting event, at least two faculty members of the school are trained and certified at all times in the use of automated external defibrillators.

(b)  The department shall ensure that the automated external defibrillator is:

(1) Maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer; and

(2) 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.

(c)  For purposes of this section:

"Public schools" shall include elementary, middle, and high schools.

"Sporting event" shall include competitions, scrimmages, and practices."

     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) By the end of the 2013-2014 school year:

(1) All charter schools shall have an automated external defibrillator situated in a permanent location at the charter school;

(2) All charter schools that have an athletic trainer shall ensure that at every sporting event, an additional automated external defibrillator is available and the athletic trainer is trained and certified at all times in the use of automated external defibrillators; and

(3) All charter schools that do not have an athletic trainer shall ensure that at every sporting event, at least two faculty members of the charter school are trained and certified at all times in the use of automated external defibrillators.

(b)  Each charter school shall ensure that the automated external defibrillator is:

(1) Maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer; and

(2) 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 charter school.

(b)  For purposes of this section, "sporting event" shall include competitions, scrimmages, and practices."

     SECTION 3.  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)  By the end of the 2013-2014 school year:

(1) All divisions and campuses of the University of Hawaii system shall have an automated external defibrillator situated in a permanent location on campus;

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

(A) There is an automated external defibrillator available to the athletic trainer present at every sporting event; and

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

(b)  The University of Hawaii and each institution under the University of Hawaii system, shall ensure that the automated external defibrillator is:

(1) Maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer; and

(2) 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 University of Hawaii.

(c)  For purposes of this section, "sporting event" shall include competitions, scrimmages, and practices."

     SECTION 4.  Section 663-1.5, Hawaii Revised Statutes, is amended by amending subsection (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 an athletic trainer or faculty member, pursuant to section 302A‑   , 302B‑   , or 304A‑   , who administers an automated external defibrillator under this subsection shall 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 5.  The department of education shall report to the legislature no later than twenty days prior to the convening of the regular session of 2013:

     (1)  On the department of education's inventory of automated external defibrillators; and

     (2)  Whether the department of education will require additional funding to acquire the appropriate amount of automated external defibrillators in order to meet the requirements of section 1 of the Act.

     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.

Report Title:

Education; Automated External Defibrillators

Description:

Requires, by the end of the 2013-2014 school year, that: (1) Every public school, charter school, and the University of Hawaii shall have one automated external defibrillator (AED) situated in a permanent location on campus; (2) Public schools and charter schools that have athletic trainers, as well as the University of Hawaii, to have an additional AED available at every sporting event; (3) Athletic trainers shall be trained and certified on the use of AED's; (4) Public schools and charter schools that do not have athletic trainers to have at least two faculty members at every sporting event who are trained and certified on the use of AED's.  Defines the term "sporting event" to include competitions, scrimmages, and practices.  Requires the department of education to report to the legislature on its inventory of AED's and whether the department requires additional funding to acquire the appropriate number of AED's to meet the requirements of this Act.  (SD1)

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