Automated external defibrillator program; accessibility, maintenance, and training; immunity from civil liability; state contract for purchase of defibrillators

(A) Subject to funding by the General Assembly or the South Carolina Department of Education, each school district and the board of each charter school shall develop and implement an automated external defibrillator (AED) program meeting the requirements of Chapter 76, Title 44 for each high school in the district. The program must include provisions that: (1) require an operational AED on the grounds of the school; (2) require all persons who are reasonably expected to use the device to obtain appropriate training, including completion of a course in cardiopulmonary resuscitation or a basic first aid course that includes cardiopulmonary resuscitation training and demonstrated proficiency in the use of an AED. The school district superintendent, or the superintendent's designee, and the charter school board of trustees, or charter school board of trustees' designee, shall determine who is reasonably expected to use the device; (3) establish guidelines for periodic inspections and maintenance of the defibrillators; and (4) define the purpose of the program and the manner in which the program will operate. (B) Subject to funding by the General Assembly or South Carolina Department of Education and notwithstanding another provision of law, rule, or regulation to the contrary, each public school, including charter schools, shall ensure that: (1) an AED, as defined in Section 44-76-20, must be accessible from each on-campus school athletic venue and made available in an unlocked location with appropriate signage on school property as identified in the district cardiac emergency response plan. The AED must be accessible during the school day and any other time in which a school-sponsored athletic event or a team practice in which students are participating. The presence of an emergency medical services provider, athletic trainer, school nurse, or athletic coach equipped with an AED at a school athletic venue satisfies this requirement; (2) an AED, as defined in Section 44-76-20, must be made accessible by the host team at each off-site athletic event as specified in the district cardiac emergency response plan. If the host team is unable to provide an AED, the entity sanctioning the event must ensure that an AED is present. The presence of an emergency medical services provider, athletic trainer, school nurse, or athletic coach equipped with an AED at a school athletic event satisfies this requirement; (3) each defibrillator must be tested and maintained according to the operational guidelines of the manufacturer and notification must be provided to the appropriate first aid, ambulance, rescue squad, or other appropriate emergency medical services provider regarding the type of defibrillator available and its location; and (4) all athletics coaches shall obtain and maintain training in cardiopulmonary resuscitation, first aid, and the use of the AED. This training in cardiopulmonary resuscitation and AED use must be consistent with evidence-based, emergency cardiovascular care guidelines. (C)(1) Any person or entity acting in good faith and gratuitously shall be immune from civil liability for the use of an AED unless the person was grossly negligent in the use. (2) Any designated AED user meeting the requirements of Section 44-76-30(1) and acting according to the required training shall be immune from civil liability for the application of an AED unless the application was grossly negligent. (3) A person or entity acquiring an AED and meeting the requirements of Section 44-76-30 or an AED liaison meeting the requirements of Section 44-76-30 shall be immune from civil liability for the use of an AED by any person or entity described in items (1) or (2) of this subsection. (4) A prescribing physician shall be immune from civil liability for authorizing the purchase of an AED, unless the authorization was grossly negligent. (D) Any person or entity, acting in good faith and gratuitously, that teaches or provides a training program for cardiopulmonary resuscitation that includes training in the use of an AED is immune from civil liability for providing this training for use if the: (1) person or entity has provided the training in accordance with the guidelines and policies of a national training organization, as defined in Section 44-76-30(1); (2) person providing the training is authorized to deliver that course or curriculum; and (3) training delivery was not grossly negligent. (E) The State Fiscal Accountability Authority may establish a state contract for the purchase of AEDs. (F) The State Department of Education shall pursue both public and private sources for funding to support the implementation of this section at the local level and assist districts and charter schools in applying for federal funds that are, or may be allocated, for items associated with this section.