Bill Text: NJ A1608 | 2012-2013 | Regular Session | Introduced
Bill Title: "Janet's Law"; requires public and nonpublic schools to have automated external defibrillators and to establish emergency action plans for responding to sudden cardiac events.*
Spectrum: Slight Partisan Bill (Democrat 26-11)
Status: (Passed) 2012-09-19 - Approved P.L.2012, c.51. [A1608 Detail]
Download: New_Jersey-2012-A1608-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
Assemblyman CRAIG J. COUGHLIN
District 19 (Middlesex)
Assemblyman VINCENT PRIETO
District 32 (Bergen and Hudson)
Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Co-Sponsored by:
Assemblymen Caputo, Wolfe and Benson
SYNOPSIS
"Janet's Law"; requires public schools to have automated external defibrillators for youth athletic events and to establish certain plans relating to sudden cardiac events.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning automated external defibrillators for youth athletics, designated "Janet's Law," and supplementing Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, beginning on September 1, 2014, the board of education of a public school district that includes any of the grades kindergarten through 12 shall ensure that:
(1) an automated external defibrillator, as defined in section 2 of P.L.1999, c.34 (C.2A:62A-24), identified with appropriate signage, is placed and made available in an unlocked location on school property, which is accessible during the school day and any other time in which a school-sponsored athletic event or team practice, in which pupils of the district are participating, is taking place and is within reasonable proximity of the school athletic field or gymnasium, as applicable;
(2) a team coach or other designated staff member if there is no coach, who is present during the athletic event or team practice, is trained in cardio-pulmonary resuscitation and the use of the defibrillator in accordance with the provisions of section 3 of P.L.1999, c.34 (C.2A:62A-25). A school district shall be deemed to be in compliance with this requirement if a State-certified emergency services provider or other certified first responder is on site at the event or practice; and
(3) each defibrillator is tested and maintained according to the manufacturer's operational guidelines and notification is provided to the appropriate first aid, ambulance, or rescue squad or other appropriate emergency medical services provider regarding the defibrillator, the type acquired, and its location in accordance with section 3 of P.L.1999, c.34 (C.2A:62A-25).
b. A school district and its employees shall be immune from civil liability in the acquisition and use of defibrillators pursuant to the provisions of section 5 of P.L.1999, c.34 (C.2A:62A-27).
2. a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, beginning on September 1, 2014, the board of education of a public school district that includes any of the grades kindergarten through 12 shall establish and implement an emergency action plan for responding to sudden cardiac events, including, but not limited to, those events in which the use of an automated external defibrillator may be necessary.
b. The emergency action plan required pursuant to subsection a. of this section, and in keeping with the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall also, at minimum, provide the following:
(1) a requirement that no less than five school faculty members successfully complete and hold a current certification from the American Red Cross, American Heart Association or other training program recognized by the Department of Health and Senior Services in cardio-pulmonary resuscitation and use of a defibrillator;
(2) a list of those school faculty members who hold current certifications in cardio-pulmonary resuscitation and use of a defibrillator, such list is to be made current at least once in each calendar year of each school year;
(3) written detailed procedures on responding to sudden cardiac events, including, but not limited to, who shall be responsible for responding to the individual in cardiac distress, calling emergency responders, starting cardio-pulmonary resuscitation, obtaining and using the automated external defibrillator, and assisting emergency responders in getting to the individual in cardiac distress; and
(4) any other requirement deemed relevant to responding to sudden cardiac events.
3. The State Board of Education, in consultation with the Commissioner of Health and Senior Services, and in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations as may be necessary to implement the provisions of this act.
4. This act shall take effect immediately.
STATEMENT
This bill, which is designated "Janet's Law," is in memory of Janet Zilinski, an 11-year old who died of sudden cardiac arrest following a cheerleading squad practice. The provisions of this bill apply to athletic events and activities that take place through public schools.
Specifically, the bill requires public school districts that include any of the grades kindergarten through 12 to ensure that, beginning on September 1, 2014, an automated external defibrillator (AED), identified with appropriate signage, is placed and made available in an unlocked location on school property, which is accessible during the school day and any other time in which a school-sponsored athletic event or team practice, in which pupils of the district are participating, is taking place and is within reasonable proximity of the school athletic field or gymnasium.
The bill requires that a team coach, or other designated staff member if there is no coach, who is present during the athletic event or team practice, be trained in cardio-pulmonary resuscitation (CPR) and the use of an AED in accordance with the provisions of State law. A school district is deemed to be in compliance with this requirement if a State-certified emergency services provider or other certified first responder is on site at the event or practice. A public school district is also required to test and maintain each AED according to the manufacturer's operational guidelines and to provide notification to the appropriate first aid, ambulance, or rescue squad or other appropriate emergency medical services provider regarding the AED, the type acquired, and its location in accordance with current State law.
The bill also requires that a public school district establish and implement an emergency action plan for responding to sudden cardiac events, including, but not limited to, those events in which the use of an AED as may be necessary. The emergency action plan, in keeping with the provisions of section 1 of the bill shall also, at minimum, provide that: no less than five school faculty members successfully complete and hold a current certification from training programs recognized by the Department of Health and Senior Services in CPR and use of an AED; a list of those school faculty members who hold current certifications, such list is to be made current at least once in each calendar year of each school year; written detailed procedures on responding to sudden cardiac events; and any other requirement deemed relevant by the school district to responding to sudden cardiac events.
The bill directs the State Board of Education, in consultation with the Commissioner of Health and Senior Services, to adopt rules and regulations necessary for its implementation and provides that a school district and its employees shall be immune from civil liability in the acquisition and use of an AED pursuant to current law.
