HOUSE DOCKET, NO. 1083        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3924

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Marcus S. Vaughn

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to AEDs for athletic fields.

_______________

PETITION OF:

HOUSE DOCKET, NO. 1083        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3924

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

An Act relative to AEDs for athletic fields.

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 45 of the General Laws is hereby amended by adding the following section:-

Section 26. (a) Each municipality shall provide and maintain at least 1 automated external defibrillator, AED, at each athletic field, park and playground that is maintained by the municipality. The parks and recreation department of a municipality may, at its discretion, require additional AEDs be provided and maintained by the municipality at any athletic field, park or playground that is maintained by the municipality.

(b) Any municipality that is required to provide and maintain an AED pursuant to subsection (a) shall provide mandatory training on cardiopulmonary resuscitation and the use of AEDs to: all staff employed by its parks and recreation department; all sports coaches, umpires, referees and other sports officials who participate in athletic events held at athletic fields, parks or playgrounds maintained by the municipality; and any other group as determined by the parks and recreation department of the municipality.

(c) The parks and recreation department of each municipality subject to this section may contract on behalf of the municipality for the procurement of AEDs and the mandatory training on cardiopulmonary resuscitation and the use of AEDs required by subsection (b).

SECTION 2. Chapter 71 of the General Laws is hereby amended by striking out section 54C and inserting in place thereof the following section:-

Section 54C. (a) Each school district, vocational district, charter school, approved private day or residential school and collaborative school shall provide and maintain at least 1 automated external defibrillator, AED, on site at each school facility where instruction is provided. Each school shall have on staff a person who is an AED provider having current certification in a training course in cardiopulmonary resuscitation and in the use of an AED in accordance with the standards established by the American Heart Association or the American National Red Cross.

(b) Each school district, vocational district, charter school, approved private day or residential school and collaborative school that maintains athletic fields for use in school-sponsored athletic events shall provide and maintain at least 1 AED in the area of the athletic fields. The school administration shall ensure that an AED provider is readily available at any school-sponsored athletic event.

(c) Any school system that is required to provide and maintain an AED pursuant to subsections (a) and (b) shall provide mandatory training on cardiopulmonary resuscitation and the use of AEDs to all staff employed by the school system, including sports coaches.

(d) If a school system is unable to comply with the requirements of this section, the superintendent of the school district, the administration of a private day or residential school or the board of trustees of a charter school, shall request a hardship waiver from the department of elementary and secondary education. The department of elementary and secondary education, in consultation with the department of public health, shall make available to public schools a list of grants and other funding sources that a public school may access to facilitate the purchase of AEDs.

(e) Any school staff member who, in good faith, attempts to render emergency care, including cardiopulmonary resuscitation or defibrillation, and does so without compensation, shall not be liable

for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the attempt to render such emergency care.

(f) The department of elementary and secondary education, in consultation with the department of public health, shall establish regulations and guidelines for the implementation, training, support and supervision of this section.