[Effective 7/1/2024]

(a) As used in this section, “automated external defibrillator” or “AED” has the same meaning as defined in § 68-140-402.
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Terms Used In Tennessee Code 49-2-122 v2

  • Arrest: Taking physical custody of a person by lawful authority.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(b) All public schools in this state must have at least one (1) automated external defibrillator placed within the school. AEDs, in addition to the AED required in this subsection (b) and any AEDs required pursuant to Section 4, must be placed within a school or on school grounds in accordance with the guidelines established in the cardiac emergency response plan adopted for the public school pursuant to subsection (c).
(c)

(1) Each local board of education and public charter school governing body shall develop and adopt a cardiac emergency response plan (CERP) that establishes the steps that should be taken in response to a sudden cardiac arrest event occurring within the school building or on school grounds.
(2) Local boards of education and public charter school governing bodies shall develop CERPs in accordance with guidelines established by the American Heart Association or another nationally recognized organization focused on providing emergency cardiovascular care.
(3) A CERP adopted pursuant to subdivision (c)(1) must:

(A) Be implemented at each public school governed by the local board of education or public charter school governing body;
(B) Identify the number of AEDs that must be placed within each school building or on school grounds that are used for academic, athletic, or other community purposes, in addition to the AED required in subsection (b) and any AEDs required pursuant to Section 4;
(C) Establish a cardiac emergency response team at each public school that is responsible for carrying out the CERP, including the response protocols each team is responsible for implementing and overseeing in a sudden cardiac arrest event. If the board or governing body is required to establish an athletics emergency action plan (AEAP) pursuant to § 68-6-201, then the responsibilities and chain of command designated in the CERP for the respective cardiac emergency response team must align with those outlined in the AEAP;
(D) Be disseminated to students, parents, teachers, administrators, and other school employees at least once each school year, and posted prominently in each school building and on school grounds used for academic, athletic, or other community purposes, as well as on the website for the respective LEA or public school;
(E) Identify the training required for members of the cardiac emergency response team, and for any teachers, administrators, or other school employees, to assist such individuals in understanding the severity of sudden cardiac arrest events, to educate such individuals on how to respond in such circumstances, and to notify such individuals of the existence, content, and guidance available in the CERP, which must include training in cardiopulmonary resuscitation (CPR), first aid, and the use of an AED; and
(F) Be reviewed at least annually by the local board of education or public charter school governing body, semiannually by each cardiac emergency response team, and no later than ten (10) days after a sudden cardiac arrest event occurs within a school, or on the grounds of a school, governed by the local board of education or public charter school by the cardiac emergency response team and the director of schools or the director of the public charter school, as applicable.
(d) Each school that places an AED within the school or on school grounds shall comply with all provisions of title 68, chapter 140, part 4, relative to training; notification; the establishment of a written plan that complies with § 68-140-404; maintenance and testing of the AEDs to ensure that the devices are in optimal operating condition in compliance with § 68-140-404; and any other requirements. Each local board of education and public charter school governing body shall, to the greatest extent possible, ensure such requirements are incorporated into the adopted CERP.
(e) When a school receives its first AED, it shall place the AED in a location that may be accessed readily from any area of the school, which may include those areas of the school that are used for physical education or activity. AEDs, in addition to the AED required in this subsection (e) and any AEDs required pursuant to Section 4, must be placed in locations that are accessible in emergency situations. AEDs shall not be placed in an office that is not accessible to a person who may need to use the AED or in a location that is locked during times that students, parents, teachers, other school employees, or members of the community are present at school or school events.
(f) AEDs placed in schools shall be registered with local emergency medical services providers as required by §§ 68-140-403(2) and 68-140-404(6).
(g) LEAs and schools responsible for an AED program pursuant to § 68-140-404(1) shall not be liable for any civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if the applicable provisions and program established under § 68-140-404 and the rules adopted by the department pursuant to § 68-140-405 have been met by the LEA and school and have been followed by the individuals using the AED.
(h) A teacher, school employee or other person employed by the LEA responsible for an AED program pursuant to § 68-140-404(1) shall not be liable for any civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if the applicable provisions and program established under § 68-140-404 and the rules adopted by the department pursuant to § 68-140-405 have been met by the LEA and school and have been followed by the individuals using the AED.
(i) Misuse or abuse of any AED device on school property by a student is disorderly conduct and the student shall be subject to disciplinary action.
(j)Schools are encouraged to offer training in cardiopulmonary resuscitation (CPR), first aid, and the use of an automated external defibrillator (AED), as defined in § 68-140-402, to school bus drivers.
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