BILL ANALYSIS

 

 

Senate Research Center

C.S.H.B. 897

83R28710 JSL-D

By: Zerwas et al. (Hinojosa)

 

Education

 

5/14/2013

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

C.S.H.B. 897 seeks to require public school students in Texas to receive training in cardiopulmonary resuscitation (CPR) and automated external defibrillator (AED).  Less than half (41 percent) of out-of-hospital cardiac arrest victims receive CPR before getting to the hospital.

 

C.S.H.B. 897 amends current law relating to instruction in cardiopulmonary resuscitation in secondary education curriculum.

 

RULEMAKING AUTHORITY

 

Rulemaking authority previously granted to the State Board of Education is modified in SECTION 2 (Section 28.0023, Education Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Authorizes this Act to be cited as the Edmund Kuempel Act.

 

SECTION 2.  Amends Section 28.0023, Education Code, by amending Subsections (b) and (c) and adding Subsections (d), (e), (f), and (g), as follows:

 

(b) Requires the State Board of Education (SBOE) by rule to require instruction in cardiopulmonary resuscitation for students in grades 7 through 12, rather than requiring SBOE by rule to include elements relating to instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator as part of the essential knowledge and skills of the health curriculum under Section 28.002(a)(2)(B) (relating to including health in an enrichment curriculum).

 

(c) Requires a school district or open-enrollment charter school to provide instruction to students in grades 7 through 12 in cardiopulmonary resuscitation in a manner consistent with the requirements of this section (Cardiopulmonary Resuscitation and Automated External Defibrillator Instruction) and SBOE rules adopted under this section, rather than requires a private school to provide instruction to students in cardiopulmonary resuscitation and the use of an automated external defibrillator in a manner consistent with the requirements of this section and SBOE rules adopted under this section.  Deletes existing text providing that this subsection applies only to a private school that receives an automated external defibrillator from the Texas Education Agency (TEA) or receives funding from TEA to purchase or lease an automated external defibrillator.  Authorizes the instruction to be provided as a part of any course. Requires a student to receive the instruction at least once before graduation.

 

(d) Authorizes a school administrator to waive the curriculum requirement under this section for an eligible student who has a disability.

 

(e) Requires that cardiopulmonary resuscitation instruction include training that has been developed:

 

(1)  by the American Heart Association or the American Red Cross; or

 

(2) using nationally recognized, evidence-based guidelines for emergency cardiovascular care and incorporating psychomotor skills to support the instruction.

 

(f)  Defines "psychomotor skills" for purposes of Subsection (e).

 

(g) Authorizes a school district or open-enrollment charter school to use emergency medical technicians, paramedics, police officers, firefighters, representatives of the American Heart Association or the American Red Cross, teachers, other school employees, or other similarly qualified individuals to provide instruction and training under this section.  Provides that instruction provided under this section is not required to result in certification in cardiopulmonary resuscitation.  Requires the course instructor to be authorized to provide the instruction by the American Heart Association, the American Red Cross, or a similar nationally recognized association if instruction is intended to result in certification in cardiopulmonary resuscitation.

 

SECTION 3.  Repealer: Section 28.0023(a) (defines "automated external defibrillator"), Education Code.

 

SECTION 4. Provides that this Act applies beginning with the 2014-2015 school year.

 

SECTION 5.  Effective date: upon passage or September 1, 2013.