1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. “Automated external defibrillator” or “AED” means a medical device that combines a heart monitor and a defibrillator approved by the United States Food and Drug Administration that:

(1) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;

(2) Is capable of determining, without intervention by an operator, whether defibrillation should be performed on an individual; and

(3) Upon determination that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.

2 to 5. Deleted.

2. Immunity. The following persons and entities are immune from civil liability for damages relating to the use, possession or purchase of an AED and arising out of acts or omissions relating to preparing for and responding to suspected sudden cardiac arrest emergencies absent gross negligence or willful or wanton misconduct:

A. Any person or entity that acquires an AED;

B. Any person or entity that owns, manages or is otherwise responsible for the premises on which an AED is located;

C. Any person who retrieves an AED in response to a perceived sudden cardiac arrest emergency;

D. Any person who uses, attempts to use or fails to use an AED in response to a perceived sudden cardiac arrest emergency;

E. Any physician or other authorized person who issues a prescription for the purchase of an AED;

F. Any person or entity that is involved with the design, management or operation of an AED program; and

G. Any person or entity that provides instruction in the use of an AED.

School boards may place automated external defibrillators in occupied school buildings and at school athletic events. School personnel and members of the public may receive training on how to perform cardiopulmonary resuscitation and use automated external defibrillators in order to acquire the skills and confidence to respond to emergencies. In accordance with rules adopted by the department, public schools shall offer training to students on how to perform cardiopulmonary resuscitation and use automated external defibrillators. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

RULEMAKING AUTHORIZATION (Pursuant to Sec. 2, H.P. 380 - L.D. 556 (2015))

Standards for instruction in cardiopulmonary resuscitation and automated external defibrillator use.

The Commissioner of Education shall establish, by rule, standards for instruction in cardiopulmonary resuscitation, or CPR," and automated external defibrillator, or "AED," use pursuant to the Maine Revised Statutes, Title 20-A, section 6304. The commissioner shall base the standards for instruction in CPR and AED use on the programs established by the American Heart Association or the American Red Cross or another program that is nationally recognized and uses the most current national evidence-based emergency cardiovascular guidelines and incorporates psychomotor skills development into the instruction. The standards for instruction in AED use may not require the use of an AED but must include an explanation of AED use. A licensed teacher may not be required to be certified as a CPR or AED trainer or to facilitate, provide or oversee CPR or AED instruction. The rule must require that a course that results in CPR and AED certification must be taught by a certified CPR or AED instructor. The rule must be designed to ensure that the requirements of Title 20-A, section 6304 can be met by a public school without the public school's being required to expand or modify its activity so as to necessitate additional expenditures from local revenues.

Chapter 41: OFFERING INSTRUCTION RELATED TO CARDIOPULMONARY RESUSCITATION AND THE USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR IN MAINE PUBLIC SCHOOLS

SUMMARY: This rule requires public schools to offer training to students on how to perform cardiopulmonary resuscitation and use automated external defibrillators.

SECTION 1. Definitions

1. Automated external defibrillators (AED) - a portable defibrillator designed to be automated such that it can be used by persons without substantial medical training who are responding to a cardiac emergency to produce defibrillation by application of brief electroshock to the heart.

2. Cardiopulmonary resuscitation (CPR) - the manual application of chest compressions and ventilations to patients in cardiac arrest, done in an effort to maintain viability until advanced help arrives.

3. Certified CPR or AED instructor - A person who has current training in the discipline of the Instructor Course, and is proficient in all the skills of that discipline.

4. Designee - A person selected by the school or who volunteers to carry out a duty or role.

SECTION 2. Standards

Standards for instruction in CPR and AED use shall be based on the programs established by the American Heart Association or the American Red Cross or another program that is nationally recognized and uses the most current national evidence-based emergency cardiovascular guidelines and incorporates psychomotor skills development into the instruction. The standards for instruction in AED use may not require the use of an AED but must include an explanation of AED use.

SECTION 3. Requirements and timeline

1. Public schools including charter schools shall offer training to students in middle or high school on how to perform cardiopulmonary resuscitation and use automated external defibrillators. Age-appropriate instruction prior to middle school is recommended but is not required.

2. Examples of how the training may be delivered in schools include:

A. A licensed teacher or designee can show a CPR/AED training video and lead the instruction for students to practice compressions on CPR dummies or a simulation on a deflated ball.

B. Instruction is part of the middle or high school health education curriculum taught by:

i. a certified health education teacher

ii. a certified school nurse

iii. a qualified community or agency volunteer such as an EMT, health care professional, or instructor in the American Heart Association or the American Red Cross or another program that is nationally recognized.

C. Instruction is offered during an extracurricular activity time before, during or afterschool by a qualified instructor (as defined in Section 3.3.B above)

SECTION 4. Application

All public schools, including charter schools are required to comply with this rule as it is a matter of health and safety.

SECTION 5. Trainer qualifications

1. A licensed teacher is not required to be certified as a CPR or AED trainer in order to facilitate or oversee CPR or AED instruction.

2. A licensed teacher is not required to be certified as a CPR or AED trainer in order to facilitate, provide or oversee hands only CPR instruction and/or AED awareness training.

3. A course that results in CPR and AED certification card must be taught by a certified CPR or AED instructor.

EFFECTIVE DATE: October 18, 2016