HOUSE DOCKET, NO. 1215        FILED ON: 1/13/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2136

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act requiring defibrillators in public schools..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after section 57D the following section:—Section 57E. All public schools shall have a automatic external defibrillator on its premises and shall have AED providers, as defined in section 12V½ of chapter 112 available. The provisions of said section 12V½ of said chapter 112 shall be applicable to any action under this section.

SECTION 2. On-site cardiac automated external defibrillator. 1. All School as defined by Chapter 32 Section 1 shall provide and maintain on-site in each instructional school facility automated external defibrillator (AED) equipment, as defined in section (1) in quantities and types deemed by the commissioner of education in consultation with the commissioner of health to be adequate to ensure ready and appropriate access for use during emergencies. 2. Whenever public school facilities pursuant to subdivision one of this section are used for school sponsored or school approved curricular or extracurricular events or activities and whenever a school-sponsored athletic contest is held at any location, the public school officials and  administrators responsible for such school facility or athletic contest shall ensure the presence of at least one staff  person who is  trained, as defined in Chapter 112 section 12V in the operation and use of an AED. Where a school-sponsored competitive athletic event is held at a site other than a public school facility, the public school officials shall assure that an AED is provided on-site. 3. Public school facilities and staff pursuant to subdivisions one and two of this section shall be deemed a "public access defibrillation provider" as defined in Chapter 112 Section 12V1/2 subject to the requirements and limitations of such section. 4. Pursuant to Chapter 112 Section 12V any public access defibrillation provider, or any employee or other agent of the provider who, in accordance with the provisions of this section, voluntarily and without expectation of monetary compensation renders emergency medical or first aid treatment using an AED which has been made available pursuant to this section, to a person who is unconscious, ill or injured, shall be liable only pursuant to section 12V of Chapter 112.

SECTION 3.  Chapter 62 Section 3B subsection (a) shall be amended by adding the following after sub-paragraph 15:

(16)    (a) An amount equal to the cost of purchase, not to exceed $1,000 of a Automated External Defibrillator donated to and public, private of parochial school in the Commonwealth of Massachusetts; any Municipal Senior Center operating in the Commonwealth of Massachusetts; any municipal or state-owned public swimming pool or beach, and Municipal Library in the Commonwealth of Massachusetts; or any Municipally operated Community Center in the Commonwealth.

(b)  In order to qualify for the exemption the Automated External Defibrillator must be purchased for donation and placed as part of a Public Access to Defibrillation program in accordance with the Guidelines established by the American Heart Association.