The engrossed version NARROWS the bill's scope by removing requirements for automated external defibrifiers at athletic venues (keeping only school grounds) and limiting required CPR/AED training to cardiac emergency response team members instead of athletic trainers, coaches, and school nurses. The amendment also adds liability protections for schools and staff, clarifies that training can be online or in-person, and includes a $150,000 appropriation to help schools purchase defibrillators.
26.358.20 26.358.21 101st Legislative Session 1073 2026 South Dakota Legislature House Bill 1073 HOUSE EDUCATION ENGROSSED Introduced by: Representative Heermann Underscores indicate new language. Overstrikes indicate deleted language. An Act to provide for the creation of a cardiac emergency plan in every school. school and 1 to make an appropriation therefor. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 3 Section 1. That a NEW SECTION be added to chapter 13-33A: 3 4 Each board of a school district and governing board of an accredited nonpublic 4 5 school shall provide for the implementation of a cardiac emergency response plan in every 5 6 school under its control. 6 7 Each plan must be developed in collaboration with local emergency service 7 8 providers, using nationally recognized core elements related to cardiac emergency 8 9 response. The plan must provide for: 9 10 (1) The creation of a cardiac emergency response team able to respond to incidents of 10 11 sudden cardiac arrest or similar life-threatening emergencies on school grounds; 11 12 (2) The placement of automated external defibrillators in clearly marked, unlocked, 12 13 accessible locations on school grounds and at each athletic venue where practices 13 or competitions are held; grounds; 14 (3) The provision of staff training in cardiopulmonary resuscitation and the use of an 15 automated external defibrillator; and 16 (4) The procedures for responding to incidents of sudden cardiac arrest or similar life-17 threatening emergencies at all school-sanctioned or school-sponsored activities. on school grounds. 18 The board of each school district and the governing board of each accredited 19 nonpublic school shall review the cardiac emergency response plan for every school under 20 its control and shall provide for the annual testing and any required maintenance of each 21 automated external defibrillator. 22 The board of each school district and the governing board of each accredited 23 nonpublic school shall conduct, at each school under its control, an annual drill responding 24 to incidents of sudden cardiac arrest or similar life-threatening emergencies, as provided 25 in the school's cardiac emergency response plan. 26 26.358.20 26.358.21 2 1073 Underscores indicate new language. Overstrikes indicate deleted language. Section 2. That a NEW SECTION be added to chapter 13-33A: 1 Every public and accredited nonpublic school shall arrange for annual training in 2 cardiopulmonary resuscitation, first-aid, and the use of an automated external defibrillator 3 for each employee serving as: 4 (1) An athletic trainer, licensed pursuant to chapter 36-29; 5 (2) A coach participating in as a school-sanctioned or school-sponsored athletic activity; 6 (3) A school nurse; and 7 (4) A member of the school's cardiac emergency response team, 4 pursuant to section 8 1 of this Act. 9 5 Training must consist of at least three hours of instruction, be provided by an 10 6 emergency medical services provider, or an organization approved by the Department of 11 7 Health, and follow evidence-based guidelines on emergency cardiovascular care set forth 12 8 by a nationally recognized organization. Training may occur in-person or online, as set 9 forth in each school's cardiac emergency response plan. 10 Section 3. That a NEW SECTION be added to chapter 13-33A: 11 Except in the case of gross negligence, a school district, the board of a district, and 12 any employee, student, or volunteer of a district are immune from any civil or criminal 13 liability resulting from an act or omission related to a cardiac emergency response plan 14 developed in accordance with this Act. 15 Except in the case of gross negligence, an accredited nonpublic school, the 16 governing board of an accredited nonpublic school, and any employee, student, or 17 volunteer of a nonpublic school are immune from any civil or criminal liability resulting 18 from an act or omission related to a cardiac emergency response plan developed in 19 accordance with this Act. 20 Section 4. There is appropriated $150,000 from the general fund, to the Department of 21 Health, for grants to school districts and accredited nonpublic schools for the purchase of 22 automated external defibrillators. 23 Section 5. The secretary of the Department of Health shall approve vouchers and the state 24 auditor hall draw warrants to pay expenditures authorized in this Act. 25 Section 6. Any amounts appropriated in this Act not lawfully expended or obligated shall 26 revert in accordance with the procedures described in chapter 4-8. 27