AN ACT relating to automated external defibrillators.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:

SECTION 1. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO READ AS FOLLOWS:
(1) Sections 1 to 3 and 4 of this Act shall apply to each:
(a) Public or private preschool in the Commonwealth;
(b) Public or private elementary school in the Commonwealth;
(c) Public or private secondary school in the Commonwealth; and
(d) Athletic building, athletic room, gymnasium, swimming pool, athletic field, athletic stadium, or other venue used for athletics owned or used by a public or private school in the Commonwealth.
(2) Sections 1 to 3 and 4 of this Act shall not apply to:
(a) A home school;
(b) An athletic field, athletic stadium, or other outdoor athletic venue owned or used by a public or private school in the Commonwealth when athletic practice or athletic events are not being conducted;
(c) An athletic field, athletic stadium, or other outdoor athletic venue owned or used by a public or private school in the Commonwealth during a time when athletic practice is being conducted or an athletic event is being conducted if a licensed advanced life support ambulance staffed by at least one (1) licensed paramedic is physically present during the entire athletic practice or athletic event; or
(d) A school hosting a visiting team at a school-related athletic practice or athletic event.
SECTION 2. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO READ AS FOLLOWS:
The governing body of each public or private school specified in Section 1 of this Act shall:
(1) Install at least one (1) operational United States Food and Drug Administration approved automated external defibrillator in each building used for athletic-related purposes or by students, and at any other location specified in subsection (1) of Section 1 of this Act when students are present;
(2) Place the automated external defibrillator at a location which permits its immediate use by the public in the case of an emergency requiring its use;
(3) If the designated trained person is unavailable to immediately use the automated external defibrillator, permit any person to utilize the automated external defibrillator in the event of a situation requiring its use. No prior approval shall be required for use of the automated external defibrillator in any situation where its use may be required;
(4) Maintain sufficient supplies of nonreusable accessories and medical supplies necessary for the proper operation of the automated external defibrillator;
(5) At any time students are present for educational or athletic purposes, have not fewer than two (2) coaches in any building or other facility in which an automated external defibrillator is placed who are trained and certified by the American National Red Cross, the American Heart Association, or other organization authorized by the State Board for Elementary and Secondary Education to use and be available to use the automated external defibrillator in the case of an emergency requiring its use, to provide first aid, and to provide cardiopulmonary resuscitation;
(6) Maintain the automated external defibrillator in accordance with the standards specified by the United States Food and Drug Administration, the manufacturer of the device, and the standards promulgated by the State Board for Elementary and Secondary Education by administrative regulation;
(7) Keep, as a public record, a record of all inspections, maintenance, and replacement supplies for each automated external defibrillator owned, leased, or used by the governing board of the school; and
(8) Keep, as a public record, training records and certification records relating to the use of an automated external defibrillator of any school employee or volunteer who is certified to use an automated external defibrillator. Only the name of the employee or the volunteer and the training and certification record of the employee without other identifying information shall be a public record for the purposes of this section.
SECTION 3. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO READ AS FOLLOWS:
The State Board for Elementary and Secondary Education shall:
(1) Promulgate administrative regulations necessary for the proper implementation, functioning, inspection, and compliance by public and private schools specified in Section 1 of this Act with the provisions of Sections 1 to 3 and 4 of this Act;
(2) Conduct, or provide for the conducting of, training at no cost or at reduced cost for certified and noncertified school employees and volunteers in the operation and use of automated external defibrillators, the provision of first aid, and the provision of cardiopulmonary resuscitation;
(3) Provide for the inspection of schools to determine whether the provisions of Sections 1 to 3 and 4 of this Act are being implemented;
(4) Provide for the sanctioning of any governing body of a public or private school, certified school employee, or noncertified school employee knowingly violating any provision of Sections 1 to 3 and 4 of this Act;
(5) Collect, maintain, and publish annually, data on:
(a) The use of automated external defibrillators in schools and at school-related athletic practices and athletic events;
(b) Calls for emergency medical services response to heart attacks and other problems in schools and at school-related athletic practices and athletic events; and
(6) Require each school to have a written procedure for responding to cardiac-related incidents at school-related athletic practices and athletic events.
SECTION 4. A NEW SECTION OF KRS CHAPTER 156 IS CREATED TO READ AS FOLLOWS:
(1) The State Board for Elementary and Secondary Education and the Department of Education, in cooperation with the Kentucky Board of Emergency Medical Services, Kentucky Department of Homeland Security, Cabinet for Health and Family Services, and other agencies of state government, shall, upon application and requistion to the Finance and Administration Cabinet, secure price contract agreements for the purchase of automated external defibrillators and attempt to secure funding for public and private schools to enable these schools to:
(a) Obtain, maintain, operate, and replace automated external defibrillators; and
(b) Train and certify coaches, school employees, and volunteers to operate automated external defibrillators, provide first aid, and provide cardiopulmonary resuscitation.
(2) A local board of education may seek and receive private, government, and grant funding and donations for the:
(a) Acquisition and maintenance of automated external defibrillators; and
(b) Training and certification of coaches, school employees, and volunteers in the operation of automated external defibrillators, first aid, and cardiopulmonary resuscitation.
(3) A local board of education or governing board of a private preschool, elementary, or secondary school shall:
(a) Pay for the training and certification of each person required to use the automated external defibrillator; and
(b) Provide on-duty time for each person required to use the automated external defibrillator to take the required training and certification.
Section 5. KRS 311.667 is amended to read as follows:
In order to ensure public health and safety:
(1) A person or entity who acquires an AED shall ensure that:
(a) Expected AED users receive American Heart Association or American Red Cross training in CPR and AED use, or an equivalent nationally recognized course in CPR and AED use;
(b) The AED is maintained and tested according to the manufacturer's operational guidelines; and
(c)[ There is medical oversight of the AED program by a physician licensed in Kentucky to ensure compliance with requirements for training, maintenance, notification, and communication with the local emergency medical services system. The physician providing oversight shall also work with the AED site to establish protocols for AED deployment and conduct a review of each use of an AED; and
(d)] Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED activates the local emergency medical services system as soon as possible[ and, if an entity with an AED program, reports any clinical use of the AED to the licensed physician].
(2) Any person or entity who acquires an AED shall notify an agent of the local emergency medical services system and the local emergency communications center or public safety center answering point[vehicle dispatch center] of the existence, location, and type of AED acquired.
Section 6. KRS 311.668 is amended to read as follows:
(1) Any person or entity who, in good faith and without compensation, renders emergency care or treatment by the use of an AED shall be immune from civil liability for any personal injury as a result of the care or treatment, or as a result of any act or failure to act in providing or arranging further medical treatment, where the person acts as an ordinary, reasonable prudent person would have acted under the same or similar circumstances.
(2) The immunity from civil liability for any personal injury under subsection (1) of this section includes the[ licensed physician who is involved with AED site placement, the] person or entity who provides the CPR and AED site placement, the person or entity who provides the CPR and AED training, and the person or entity responsible for the site where the AED is located.
(3) The immunity from civil liability under subsection (1) of this section does not apply if the personal injury results from the[ gross negligence or] willful or wanton misconduct of the person rendering the emergency care.
(4) The requirements of KRS 311.667 shall not apply to any individual using an AED in an emergency setting if that individual is acting as a Good Samaritan under KRS 411.148 or[and] KRS 313.257.
Section 7. Sections 1 to 3 and 4 of this Act shall be known as the Matthew D. Spicer Act.