HB850 - Relating to emergency cardiovascular care at public schools and certain private schools in this state.

  89R13027 KJE-F     By: Lalani, VanDeaver, et al. H.B. No. 850     Substitute the following for H.B. No. 850:     By:  Buckley C.S.H.B. No. 850       A BILL TO BE ENTITLED   AN ACT   relating to emergency cardiovascular care 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 automatic   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.