Bill Text: MI HB5527 | 2023-2024 | 102nd Legislature | Chaptered

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Bill Title: Education: safety; cardiac emergency response plans; modify. Amends sec. 19 of 1941 PA 207 (MCL 29.19) & adds sec. 19b.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Passed) 2024-04-30 - Assigned Pa 36'24 [HB5527 Detail]

Download: Michigan-2023-HB5527-Chaptered.html

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Act No. 36

Public Acts of 2024

Approved by the Governor

April 27, 2024

Filed with the Secretary of State

April 29, 2024

EFFECTIVE DATE:  Sine Die

(91st day after final adjournment of the 2024 Regular Session)

state of michigan

102nd Legislature

Regular session of 2024

Introduced by Reps. Fitzgerald, Tyrone Carter, Martus, Glanville, Wilson, Scott, Liberati, McKinney, Edwards, Dievendorf, Snyder and Haadsma

ENROLLED HOUSE BILL No. 5527

AN ACT to amend 1941 PA 207, entitled “An act to provide for the prevention of fires and the protection of persons and property from exposure to the dangers of fire or explosion; to authorize the investigation of fires and the discovery of crime or other offenses in relation thereto; to require the razing, repair, or alteration of buildings, and the clearing and improvement of premises which constitute a fire hazard or a menace to the peace, security, or safety of persons or property; to control the construction, use, and occupancy of buildings and premises in relation to safety, including fire safety; to provide for the certification of fire inspectors and the delegation of certain powers to those certified fire inspectors; to provide for the regulation of the storage and transportation of hazardous material; to provide for the issuance of certificates; to prohibit the use of certain fire extinguishers and fire extinguishing agents; to provide immunity from liability for certain persons; to provide for the administration and enforcement of this act; to prescribe penalties; to provide for the promulgation of rules; to provide for the assessment of fees; and to repeal acts and parts of acts,” by amending section 19 (MCL 29.19), as amended by 2014 PA 481, and by adding section 19b.

The People of the State of Michigan enact:

Sec. 19. (1) The chief administrative officer and the teachers of all schools, including state supported schools, and the owner, or owner’s representative, of all school dormitories shall have a fire drill each month and ensure unrestricted emergency egress during school hours and when the school is open to the public. Each teacher in a school, including a state supported school, and the owner or owner’s representative of a school dormitory shall comply with these requirements and keep a record of the drills.

(2) Except as provided in subsection (3), a minimum of 8 fire drills is required for each school year. If weather conditions do not permit fire drills to be held at least once a month, then at least 5 fire drills must be held in the fall of each year and 3 fire drills must be held during the remaining part of the school year.

(3) A minimum of 5 fire drills is required for each school year for a school that operates any of grades K to 12. Three of the fire drills must be held by December 1 of the school year, and 2 must be held during the remaining part of the school year, with a reasonable spacing interval between each drill.

(4) A minimum of 2 tornado safety drills is required for each school year at the schools and facilities described in subsection (1). At least 1 of the tornado safety drills must be conducted during March of the school year. These drills must be conducted for the purpose of preventing injuries caused by severe weather.

(5) A minimum of 3 drills in which the occupants are restricted to the interior of the building and the building secured is required for each school year at a school that operates any of grades K to 12. At least 1 of these drills must be conducted by December 1 of the school year, and at least 1 must be conducted after January 1 of the school year, with a reasonable spacing interval between each drill. A drill conducted under this subsection must include security measures that are appropriate to an emergency such as the release of a hazardous material or the presence of a potentially dangerous individual on or near the premises. The governing body of a school shall seek input from the administration of the school and local public safety officials on the nature of the drills to be conducted under this subsection.

(6) A school that operates any of grades K to 12 shall conduct at least 1 of the drills required by this section during a lunch or recess period, or at another time when a significant number of the students are gathered but not in the classroom.

(7) For a school that operates any of grades K to 12, the governing body of the school shall ensure that documentation of a completed school safety drill is posted on its website not later than 30 school days after the drill is completed and is maintained on the website for at least 3 years. For a school operated by a school district or intermediate school district, the documentation may be posted on the district website. The documentation posted on the website must include at least all of the following:

(a) The name of the school.

(b) The school year of the drill.

(c) The date and time of the drill.

(d) The type of drill completed.

(e) The number of completed drills for that school year for each type of drill required under subsections (3) to (5).

(f) The signature of the school principal or the school principal’s designee acknowledging the completion of the drill.

(g) The name of the individual in charge of conducting the drill, if other than the school principal.

(8) Not later than September 15 of each school year, the chief administrator of a school that operates any of grades K to 12, or the chief administrator’s designee, shall provide a list of the scheduled drill days for the school buildings operated by the school, school district, intermediate school district, or public school academy to the county emergency management coordinator appointed under section 9 of the emergency management act, 1976 PA 390, MCL 30.409. A scheduled drill that is not conducted on a scheduled drill day due to conditions not within the control of school authorities, such as severe storms, fires, epidemics, utility power unavailability, water or sewer failure, or health conditions as defined by the city, county, or state health authorities, will not result in a violation of this section if the school conducts the minimum number of drills required under subsections (3) to (5), the school reschedules the drill to occur not later than 10 school days after the scheduled date of the canceled drill, and the chief administrator notifies the county emergency management coordinator of the rescheduled date for the drill. The county emergency management coordinator shall provide this information to the appropriate local emergency management coordinator appointed under section 9 of the emergency management act, 1976 PA 390, MCL 30.409, if any, and, consistent with applicable federal, state, and local emergency operations plans, to the department of state police district coordinator and the county sheriff for the county or the chief of police or fire chief for the municipality where the school is located, or the designee of the sheriff, chief of police, or fire chief. The information provided under this subsection is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(9) A public school that operates any of grades K to 12 shall not conduct a drill required under this section at a time that would interfere with the conduct of a state-mandated assessment.

(10) The state fire marshal, a fire chief, or a firefighter in uniform acting under orders and directions of the fire chief may cause fire drills to be held in school houses, school dormitories, and other public buildings as the state fire marshal considers advisable. The state fire marshal may order the installation of other protective apparatus or equipment that conforms to recognized and approved modern practices.

(11) The department of state police emergency management and homeland security division shall develop a model to be used by a school in conducting a drill under subsection (5).

(12) Until the beginning of the 2025-2026 school year, the governing body of a school that operates any of grades kindergarten to 12 shall adopt and implement a cardiac emergency response plan for the school. The cardiac emergency response plan shall address and provide for at least all of the following:

(a) Use and regular maintenance of automated external defibrillators, if available.

(b) Activation of a cardiac emergency response team during an identified cardiac emergency.

(c) A plan for effective and efficient communication throughout the school campus.

(d) If the school includes grades 9 to 12, a training plan for the use of an automated external defibrillator and in cardiopulmonary resuscitation techniques.

(e) Incorporation and integration of the local emergency response system and emergency response agencies with the school’s plan.

(f) An annual review and evaluation of the cardiac emergency response plan.

(13) As used in this section:

(a) “School” does not include a postsecondary educational institution as that term is defined in section 19a.

(b) “School dormitory” does not include a postsecondary educational institution dormitory as that term is defined in section 19a.

 

Sec. 19b. (1) Beginning with the 2025-2026 school year, the governing body of a public school or nonpublic school shall develop a cardiac emergency response plan that includes the use of school personnel to respond to a sudden cardiac arrest, or another similar life-threatening emergency, on the school’s campus during school hours or during a school-sponsored event.

(2) If a public school or nonpublic school has an athletic department or organized athletic program, the cardiac emergency response plan described in subsection (1) must include implementation at school-sponsored athletic events.

(3) A cardiac emergency response plan required under this section must be based on American Heart Association guidelines or other nationally recognized and evidence-based guidelines. The cardiac emergency response plan must provide for, but is not limited to, all of the following:

(a) The establishment of a cardiac emergency response team.

(b) The activation of the cardiac emergency response team during a sudden cardiac arrest or another similar life-threatening emergency.

(c) The placement of automated external defibrillators in accessible locations throughout the school’s campus and athletic facilities that are easily retrievable and not locked or otherwise secured against public access. The automated external defibrillators must be clearly marked with appropriate identifying signage. It is recommended, to the extent possible and as funding allows, that the governing body of a public school or nonpublic school make the best effort possible to ensure that the automated external defibrillators described in this subdivision are accessible within 1 to 3 minutes of a cardiac emergency.

(d) The routine maintenance of the school’s automated external defibrillators.

(e) The dissemination of the cardiac emergency response plan throughout the school’s campus.

(f) The ongoing training of school personnel as described in subsection (4).

(g) The use of annual exercise simulations to practice the steps established in the cardiac emergency response plan. The annual exercise simulations described in this subdivision must require the participation of the members of the cardiac emergency response team.

(h) The integration of the cardiac emergency response plan with the local emergency response system and emergency response agencies.

(i) The ongoing and triennial review of the cardiac emergency response plan.

(4) Public school or nonpublic school personnel who are included in a cardiac emergency response plan required under this section must be trained in all of the following:

(a) Cardiopulmonary resuscitation.

(b) First aid.

(c) The use of an automated external defibrillator, in accordance with American Heart Association guidelines.

(5) Public school or nonpublic school personnel who are included in the cardiac emergency response plan described in this section and who perform cardiopulmonary resuscitation or use an automated external defibrillator as part of the cardiac emergency response plan are not liable in a civil action for damages resulting from an act or omission occurring in that performance except an act or omission constituting gross negligence or willful or wanton misconduct.

(6) The governing body of a public school or nonpublic school and the local emergency response system and emergency response agencies shall integrate the school’s cardiac emergency response plan or plans into the protocols of the local emergency response system and emergency response agencies.

(7) The legislature shall annually appropriate to the department of education an amount sufficient to administer and comply with this section. Public schools and nonpublic schools are not required to comply with this section unless the legislature has appropriated sufficient funds to implement the requirements of this section.

(8) As used in this section:

(a) “Automated external defibrillator” means a lightweight, portable device that analyzes an individual’s heart through the individual’s chest for a shockable rhythm, such as an irregular or abnormal rhythm, and can deliver an electric shock to the individual’s heart that may restore its normal rhythm.

(b) “Cardiac emergency response plan” means a written document that establishes specific steps to reduce the chance of death from sudden cardiac arrest or another similar life-threatening emergency.

(c) “Nonpublic school” and “public school” mean those terms as defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.

(d) “Sudden cardiac arrest” means a life-threatening emergency in which an individual’s heart suddenly stops beating.

 

Clerk of the House of Representatives

 

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor