SENATE DOCKET, NO. 827        FILED ON: 1/18/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1474

The Commonwealth of Massachusetts

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PRESENTED BY:

John C. Velis

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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 sudden cardiac arrest awareness.

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PETITION OF:

SENATE DOCKET, NO. 827        FILED ON: 1/18/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1474

The Commonwealth of Massachusetts

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

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An Act relative to sudden cardiac arrest awareness.

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

Chapter 111 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 222 the following section:-

Section 222A. For the purposes of this section, the following words shall have the following meanings, unless the context clearly indicates otherwise:

(a) The department of public health, hereinafter referred to as the department, shall develop educational materials for students participating in athletic activities, their parents and coaches about cardiac arrest. The materials shall include, but not be limited to: (1) symptoms and warning signs of heart disease, anatomical and electrical abnormalities of the heart; (2) cardiac distress; (3) sudden cardiac arrest; and (4) risks associated with the aforementioned. A student participating in or desiring to participate in an athletic activity and the student’s guardian shall, sign and return to the student’s school an acknowledgment of receipt and review of the materials developed under section 222A prior to athletic activity.

(b) The department, in conjunction with the division of prevention and wellness, shall develop an interscholastic athletic sudden cardiac arrest and death prevention program in which all public schools, commonwealth charter schools and any school subject to the Massachusetts Interscholastic Athletic Association rules shall participate. Participation shall annually require coaches, trainers and parent volunteers for any extracurricular athletic activity; physicians and nurses who are employed by a school or school district or who volunteer to assist with an extracurricular athletic activity; school athletic directors; directors responsible for a school marching band; and parents and legal guardians of students who participates in an extracurricular athletic activity. The program shall include, but not be limited to: (i) current training in recognizing the symptoms and warning signs of heart disease, anatomical and electrical abnormalities of the heart, cardiac distress, and sudden cardiac arrest; and (ii) distributing materials mentioned in subsection(a) to participants. The prevention program may be held in conjunction with the interscholastic athletic head injury safety training program required under M.G.L. Ch. 111 Section 222(a); provided further, that both required training standards are covered appropriately.

(c) The department, in conjunction with the division of prevention and wellness, shall develop waivers explaining the risks of cardiac arrest and cardiac symptoms. These waivers shall require the signature of both the student and legal guardian and documentation of pre-existing cardiac issues. Completed waivers shall be provided to the overseeing coach and athletic director. The forms required under this subsection may be in conjunction with any forms required under M.G.L. Ch 111 Section 222, provided that all requirements under both sections are met.

(d) In accordance with M.G.L., Chapter 111, Section 222(c), a student who loses consciousness while participating in, or immediately following, an athletic activity, must be removed from participation at that time by the athletic director, coach or athletic trainer.

(e) A student who, as determined by a game official, coach from the student’s team, certified athletic trainer, licensed physician or other official designated by the student’s school, exhibits signs or symptoms set forth in this section during an athletic activity, may be removed from participation by said game official, student’s coach, certified athletic trainer, licensed physician or other official designated by the student’s school, if he reasonably believes that said symptoms are cardiac-related. A student who is removed from play under this provision shall not be permitted return to participation in an athletic activity until the student is evaluated and cleared for return to participation in writing by an appropriate medical professional and guardians are notified. 

(f) The superintendent of the school district shall maintain complete and accurate records of the district's compliance with the requirements of this section. A school that fails to comply with this section, as determined by the department of public health, shall be subject to penalties as determined by the department of public health. 

(g) Nothing in this section shall be construed to waive liability or immunity of a school district or its officers or employees. This section shall not create any liability for a course of legal action against a school district, its officers or employees.

(h) A person who volunteers to assist with an extracurricular athletic activity shall not be liable for civil damages arising out of any act or omission relating to the requirements of this section, unless such person is willfully or wantonly negligent in his act or omission.

(i) The department shall adopt regulations to carry out this section.

Chapter 69 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following section:-

SECTION 37. Notwithstanding any general or special law to the contrary, the department, based on available appropriations, shall create a cardiopulmonary resuscitation, also known as CPR, fund to provide financial incentives for school districts that require psychomotor skill-based CPR and automated external defibrillator training prior to graduation. Psychomotor Skill-Based hands only CPR Training shall be based on national guidelines for CPR and emergency cardiovascular care, which incorporates the use of hands-on practicing. These incentives may be in the form of mini-grants or subsidies to support equipment, professional development for psychomotor skills-based CPR training for students to provide hands only CPR training and use of an automated external defibrillator. There shall be a priority for school districts that are considered high needs as defined as: (i) where at least 50% of children are eligible to receive free and reduced priced meals; (ii) the school participates in the community eligibility provision or universal free meals; or (iii) title 1 status under the federal elementary and secondary education act.