Bill Text: MS HB734 | 2022 | Regular Session | Introduced
Bill Title: Project ADAM(Automated Defibrillators in Adam's Memory); establish pilot program to authorize AEDs in schools.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2022-02-01 - Died In Committee [HB734 Detail]
Download: Mississippi-2022-HB734-Introduced.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Public Health and Human Services
By: Representative Mims
House Bill 734
AN ACT TO ESTABLISH THE PROJECT ADAM (AUTOMATED DEFIBRILLATOR'S IN ADAM'S MEMORY) PILOT PROGRAM; TO PROVIDE THAT THE PILOT PROGRAM SHALL BE ADMINISTERED BY THE STATE DEPARTMENT OF HEALTH AND LIMITED TO HINDS COUNTY, MISSISSIPPI; TO AUTHORIZE PUBLIC, NONPUBLIC AND PAROCHIAL SCHOOLS LOCATED IN HINDS COUNTY, MISSISSIPPI, TO HAVE AN AUTOMATED EXTERNAL DEFIBRILLATOR (AED) IN ALL INSTRUCTIONAL, ADMINISTRATIVE, CAFETERIA AND SUBSIDIARY BUILDINGS UNDER THE JURISDICTION OF ITS GOVERNING SCHOOL BOARD; TO REQUIRE THE AEDS TO BE STORED IN A SECURE AND EASILY ACCESSIBLE LOCATION WITHIN EACH RESPECTIVE BUILDING; TO DEFINE THE TERMS USED IN THIS ACT; TO REQUIRE THE GOVERNING SCHOOL BOARD OF SUCH SCHOOLS TO ADOPT AND IMPLEMENT A POLICY REGARDING THE MAINTENANCE, STORAGE, TESTING AND USE OF AEDS; TO PRESCRIBE THE MINIMUM REQUIREMENTS OF THE POLICY; TO AUTHORIZE SUCH SCHOOLS TO LEASE AEDS FOR THEIR CAMPUSES; TO REQUIRE THE LEASE TO INCLUDE A SERVICE AND MAINTENANCE AND UPGRADE PROVISION; TO REQUIRE THE STATE DEPARTMENT OF HEALTH, SUBJECT TO PURCHASE AND DISTRIBUTE AEDS TO ALL SUCH SCHOOLS WITHIN THE PILOT PROGRAM AREA; TO REQUIRE GOVERNING SCHOOL BOARDS TO ENTER INTO A SEPARATE AGREEMENT FOR THE SERVICE AND MAINTENANCE ON THE AED ONCE DELIVERED BY THE STATE DEPARTMENT OF HEALTH; TO PROVIDE THAT ONLY LICENSED MEDICAL PROFESSIONALS OR SCHOOL PERSONNEL TRAINED BY LICENSED MEDICAL PROFESSIONALS SHALL BE AUTHORIZED TO USE AN AED FOR PERSONS IN CARDIAC ARREST; TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO ESTABLISH GUIDELINES FOR THE DEVELOPMENT OF POLICIES BY GOVERNING SCHOOL BOARDS; TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO ADOPT RULES REGARDING THE MAINTENANCE, STORAGE, TESTING AND USE OF AEDS IN SCHOOLS; TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO PROVIDE ANNUAL TRAINING AND INSPECTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known, and may be cited as the "Project ADAM (Automated Defibrillator's in Adam's Memory) Pilot Program."
SECTION 2. As used in this act, the following terms shall have the meanings ascribed in this section, unless context clearly requires otherwise:
(a) "Automated external defibrillator" or "AED" means a portable electronic device that automatically diagnoses the life-threatening cardiac arrhythmias of ventricular fibrillation (VF) and pulseless ventricular tachycardia, and is able to treat them through defibrillation, the application of electricity which stops the arrhythmia, allowing the heart to reestablish an effective rhythm.
(b) "Department" means the State Department of Health.
(c) "Designated pilot program area" means Hinds County, Mississippi.
(d) "Licensed medical professional" means a physician, physician assistant, advanced practice nurse, registered nurse or school nurse who is appropriately licensed by the State of Mississippi and is designated by a local school board or institution to oversee the school's CPR instruction, automated external defibrillator (AED) usage and training program.
(e) "Pilot program" means the Project ADAM program administered by the State Department of Health to ensure the placement of AEDs in all school facilities within the designated pilot program area.
(f) "School" means a public, nonpublic or parochial elementary or secondary educational facility under the control of a governing school board, and all the instructional and subsidiary buildings situated on the same campus, off-campus teaching locations and regional centers under the jurisdiction of the governing school board.
(g) "School personnel" means an individual who is a faculty or staff member of a school or whose job responsibilities are under the supervision of the governing school board.
(h) "Trained designee" means a member of the school personnel trained by a licensed medical professional in the administration of CPR and use of an automated external defibrillator (AED).
SECTION 3. (1) (a) The State Department of Health, shall establish and administer the Project ADAM (Automated Defibrillator in Adam's Memory) Pilot Program within Hinds County, Mississippi, subject to the availability of funds for such purposes. Provided that any such funds become available to the department through the receipt of any federal or state grants or other public or private donations, the department shall purchase and distribute automated external defibrillators (AEDs) to participating schools located in the designated pilot program area.
(b) In order to be in compliance with the requirements of subsection (1) of this section, the department is authorized to lease automated external defibrillators (AEDs) for schools in the designated pilot program area. However, the department may opt to purchase instead of leasing the AEDs for such, as funds are available for such purchases. If funds are insufficient for the department to purchase the necessary number of AEDs for each building under the jurisdiction of the governing school board of a public, nonpublic or parochial school as required under subsection (3), the department shall proportionately distribute AEDs to such schools to ensure that each instructional building and cafeteria is equipped with an AED.
(2) (a) If the department leases AEDs for schools in the designated pilot program area, the lease agreement shall include a provision requiring the supplier of the units to provide regularly scheduled maintenance and system upgrades as determined by the prevailing industry standards for system replacements or upgrades. If the department exercises the option to purchase AEDs for schools, the AEDs shall become the property of the governing school board, which shall enter into an agreement, either with the company from which the units were purchased or a certified medical supply company that specializes in AED service and maintenance, for the regularly scheduled maintenance of its units.
(b) For the duration of the pilot program, the department shall ensure that AEDs are replaced or upgraded in accordance with the prevailing industry standards for system replacements or upgrades.
(3) All public, nonpublic and parochial schools in the pilot program shall comply with all provisions of this act. Except as otherwise provided under subsection (1)(b), each such school shall have, in each instructional building, central administrative office, cafeteria and subsidiary building under the jurisdiction of its governing school board, an AED, which is stored in a secure and easily accessible location within each respective building to be used by a licensed medical professional or trained designee for use in the event of an emergency cardiac arrest.
SECTION 4. (1) Subject to selection by the department for participation in the pilot program, each governing school board shall adopt and implement a policy regarding the maintenance, storage, testing and use of automated external defibrillators (AEDs) in schools consistent with the rules and regulations adopted by the department for the Project ADAM pilot program.
(2) The adopted policy must provide:
(a) That licensed medical professionals or school personnel under the guidance of a licensed medical professional who are authorized and trained may administer the use of an AED, when the designee in good faith believes that an individual is reasonably believed to be experiencing severe cardiac arrest on the school premises;
(b) That licensed medical professionals or school personnel under the guidance of a licensed medical professional who are authorized and trained may administer the use of an AED on a person who is reasonably believed to be experiencing severe cardiac arrest at an off-campus event or while in transit to or from an off-campus event sponsored by the school district;
(c) That the licensed medical professional shall have responsibility for training designees in the proper administration of CPR and use of an AED; and
(d) That a physician, physician assistant, advanced practice nurse, registered nurse or school nurse who is appropriately licensed by the State of Mississippi shall be designated to serve as the licensed medical professional, authorized to:
(i) Establish and administer a standardized training protocol for the emergency administration of CPR and the use of an AED by trained designees; and
(ii) Ensure that trained designees have satisfactorily completed the training protocol.
(3) To become a trained designee, an individual must:
(a) Be eighteen (18) years of age or older;
(b) Have, or reasonably expect to have, responsibility for students and other persons as a result of the individual's occupational or volunteer status; and
(c) Have satisfactorily completed a standardized training protocol established and administered by a licensed medical professional in accordance with guidelines developed by the State Department of Health, in accordance with Section 5 of this act.
SECTION 5. (1) The State Department of Health shall establish guidelines for the development of a policy by participating governing school boards for the administration of CPR and the emergency use of an AED on a student, school personnel or other person in cardiac arrest when a medical professional is not available. The guidelines shall address issues including, but not be limited to, the responsibilities of the school, the licensed medical professional and the trained designee for the administration of CPR and use of an AED. The department shall disseminate the guidelines to the governing school board of each participating school in the designated pilot program area.
(2) The State Department of Health shall provide annual trainings for schools in the pilot program on CPR instruction, automated external defibrillator (AED) usage and training consistent with the policies adopted by the governing school boards as required by this act which align to the standards of training provided by the licensed medical professional in accordance with guidelines developed by the department. Additionally, the department is authorized to make an inspection of campus AEDs, at least twice annually, to ensure proper functioning capability and to determine the need for replacement or upgrade.
SECTION 6. (1) The State Department of Health shall adopt rules regarding the maintenance, storage, testing and use of AEDs in schools subject to a policy adopted under Section 4 of this act. The rules must establish:
(a) The number of AEDs available at each school;
(b) The process to be used by governing school boards to check the inventory and to conduct tests of AEDs at regular intervals; and
(c) The amount of training required for personnel or
volunteers to administer CPR or use an AED.
(2) No licensed medical professional, trained designee, or physician providing a prescription under a standing protocol in accordance with this act, shall be held liable for any good faith act or omission committed in accordance with the provisions of this act. Good faith shall not include willful misconduct, gross negligence or recklessness.
SECTION 7. Nothing in this act shall be construed to:
(a) Permit a trained designee to perform the duties or fill the position of a licensed medical professional;
(b) Prohibit the administration of CPR or use of an AED; or
(c) Prevent a licensed and qualified member of a health care profession from administering CPR or using an AED if the duties are consistent with the accepted standards of the member's profession.
SECTION 8. This act shall take effect and be in force from and after July 1, 2022.
