S393

An Act concerning automated external defibrillators for youth athletics, designated “Janet’s Law,” and supplementing Title 18A of the New Jersey Statutes and Titles 5 and 26 of the Revised 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, 2009, the board of education of a public school district and the governing board or chief school administrator of a nonpublic school 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), is readily available and within reasonable proximity of the school athletic field or gymnasium, as applicable, at which a school-sponsored athletic event or team practice in which pupils of the district or pupils of the nonpublic school are participating, is taking place;

(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 or nonpublic school 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 or guidelines established by any appropriate government agency 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 or nonpublic school 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).

c. In the case of a public school district, the school physician appointed by the board of education pursuant to N.J.S.18A:40-1 shall provide written instructions on the proper use of the automated external defibrillator which shall be posted in a conspicuous place near the defibrillator. In the case of a nonpublic school, the chief school administrator in consultation with a physician shall provide written instructions on the proper use of the automated external defibrillator which shall be posted in a conspicuous place near the defibrillator.

2. Notwithstanding the provisions of any law, rule, or regulation to the contrary, beginning on September 1, 2009, the board of education of a public school district that includes any of the grades 9 through 12 shall:

a. provide instruction in cardio-pulmonary resuscitation as part of the curriculum each year for grades 9 through 12; and

b. provide instruction in the use of an automated external defibrillator as part of the curriculum each year for grades 9 through 12.

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. a. Beginning September 1, 2009, a municipal or county recreation department and a nonprofit youth serving organization as defined in section 1 of P.L.1999, c.432 (C.15A:3A-1) including, but not limited to, Little Leagues, Babe Ruth Leagues, Pop Warner Leagues, Police Athletic Leagues, and youth soccer leagues, which organizes, sponsors, or is otherwise affiliated with youth athletic events that are played on municipal, county, school, or other publicly-owned fields, shall ensure that there is available on site an automated external defibrillator, as defined in section 2 of P.L.1999, c.34 (C.2A:62A-24), at each youth athletic event and practice held on the department’s or organization’s home field.

The recreation department or youth serving organization shall designate one or more umpires or coaches, as applicable, who will be present at the athletic event or practice, to be responsible for ensuring that the defibrillator is available on site at the event and practice. The designated umpire or coach shall be 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).

b. A recreation department or youth serving organization shall be deemed to be in compliance with the requirements of this section if a State-certified emergency services provider or other certified first responder is on site at the athletic event or practice and has a defibrillator available for use on site.

c. A recreation department or youth serving organization and its employees and volunteer umpires and coaches shall be immune from civil liability in the acquisition and use of a defibrillator pursuant to section 5 of P.L.1999, c.34 (C.2A:62A-27).

5. a. Beginning September 1, 2009, a youth camp operating pursuant to P.L.1973, c.375 (C.26:12-1 et seq.) shall ensure that there is available on site an automated external defibrillator, as defined in section 2 of P.L.1999, c.34 (C.2A:62A-24), within reasonable proximity of the camp’s athletic fields or other indoor or outdoor athletic facilities.

The youth camp shall designate one or more counselors or other staff members who will be present at the athletic field or facility when campers are participating in athletic activities, to be responsible for ensuring that the defibrillator is available on site at the field or facility. The designated counselor or staff member shall be 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).

b. A youth camp shall be deemed to be in compliance with the requirements of this section if a State-certified emergency services provider or other certified first responder is on site at the athletic field or facility and has a defibrillator available for use on site.

c. A youth camp and its employees shall be immune from civil liability in the acquisition and use of a defibrillator pursuant to section 5 of P.L.1999, c.34 (C.2A:62A-27).

6. 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 and nonpublic schools, recreational departments, youth serving organizations and youth camps.

Specifically, the bill requires public school districts and nonpublic schools that include any of the grades kindergarten through 12 to ensure that, beginning on September 1, 2009:

· an automated external defibrillator (AED) is readily available and within reasonable proximity of the school athletic field or gymnasium, as applicable, at which a school-sponsored athletic event or team practice in which pupils of the district or nonpublic school are participating, is taking place;

· 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 (CPR) and the use of an AED. A school district or nonpublic school will 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

· each AED is tested and maintained according to the manufacturer's operational guidelines or guidelines established by any appropriate government agency and notification is provided 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.

Under the provisions of the bill, instruction in CPR is required to be provided in a public school district as part of the curriculum each year for grades 9 through 12. In addition, public school districts must provide instruction in the use of an AED as part of the curriculum each year for grades 9 through 12.

The bill further provides that a school district and a nonpublic school and its employees will be immune from civil liability in the acquisition and use of an AED pursuant to the provisions of P.L.1999, c.34.

Also, beginning on September 1, 2009, the bill requires a municipal or county recreation department and a nonprofit youth serving organization (such as, Little Leagues, Babe Ruth Leagues, Pop Warner Leagues, Police Athletic Leagues, and youth soccer leagues), to ensure that there is available on site an AED at each youth athletic event and practice held on the department’s or organization’s home field. The department or organization must designate one or more umpires or coaches, as applicable, who will be present at the athletic event or practice, to be responsible for ensuring that the AED is available on site. The designated umpire or coach must be trained in CPR and the use of an AED.

Also, beginning September 1, 2009, a youth camp operating pursuant to P.L.1973, c.375 (C.26:12-1 et seq.) is required to ensure that there is available on site an AED within reasonable proximity of the camp’s athletic fields or other indoor or outdoor athletic facilities. The youth camp must designate one or more counselors or other staff members who will be present at the athletic field or facility when campers are participating in athletic activities, to be responsible for ensuring that the AED is available on site at the field or facility. The designated counselor or staff member must be trained in CPR and the use of an AED.

As in the case of public school districts and nonpublic schools, a recreation department, youth serving organization, or youth camp will be deemed to be in compliance with the AED requirement if a State-certified emergency services provider or other certified first responder is on site at the athletic event or practice and has an AED available for use on site. As with school districts and nonpublic schools, a recreation department, youth serving organization, youth camp and its employees and volunteers will be immune from civil liability in the acquisition and use of an AED.